Do I Have a Case for My Child’s Injury at the Zoo

Do I Have a Case for My Child’s Injury at the Zoo?

Zoos are supposed to be a fun-filled place for families to explore together. While they can be fun to visit, they are also filled with hidden dangers, which means that children can easily be hurt while viewing the animals. Zookeepers can be held responsible whenever they fail to provide safe conditions for their patrons.

Dangers from Animals

Many children simply do not understand that the animals on display are actually wild creatures that may harm them if they get too close. As a result, zoos have a duty of care to protect children as well as the animals by providing:

  • Adequate restraints for the animals
  • Appropriate warning signs
  • Adequate supervision where needed
  • Proper care for animals to prevent them from becoming agitated
  • Animals of the right temperament

When these things are not provided, children may inadvertently enter an animal cage, or one could escape and wreak havoc on those inside the park. This could result in serious injury or even death. Posting the right warning signs is important for Zoos, as it gives children guidelines for proper behavior to be followed.

Well-Maintained Facility

Injuries can also happen at a zoo that are not animal related. For example, children may fall whenever paths are not well maintained or there are terrain features such as large rocks that pose hazards. When visiting at night, public areas should be well lit so that people do not fall or bump into other objects. Rides such as trains should be properly maintained and patrons should also be properly supervised while on them.

Liability for Negligence

In order to prove negligence, it can be helpful to have pictures of the hazardous condition that caused the accident in the first place. When the accident involves a dangerous animal, a video of that animal behaving in an aggressive manner can go a long way toward proving that a zookeeper knew there was a high probability of an injury occurring.

Seeking Relief

A child’s injury should be reported before leaving the park so that there is documentation of the event. After that, medical attention should be sought, and then a claim filed with the park for damages. If the injury was a serious one, parents may want to consult with a personal injury attorney right away, as some parks balk at the idea of paying thousands of dollars in damages regardless of whether or not they are liable.

Failure to hire a lawyer could mean losing your case and having large medical bills to pay. It’s much better to hire a personal injury attorney how knows how to defend against zoo related injuries. Schedule a free case evaluation today by calling 713-222-1222.

*Image courtesy of freedigitalphotos.net

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Theme Park Accidents Keep Records in Case You Need to Sue

Theme Park Accidents: Keep Records in Case You Need to Sue

Every summer, thousands of Texas families head to theme parks for a day of fun and relaxation. While most of them will have an exciting and fun-filled day, others will have their dreams squashed whenever they experience an accident. Theme park accidents can happen in a number of ways, including:

 

  • Negligent operation of rides or attractions
  • Failure to maintain the premises or equipment
  • Wild animals that attack patrons
  • Food poisoning
  • Failure to provide the proper security
  • Drowning or other injuries on water slides
  • Types of Injuries

Types of Theme Park Injuries

The types of injuries one can experience while at a theme park is almost endless. Even so, there are a few types of injuries that happen more frequently than others:

  • Head injuries
  • Broken bones
  • Whiplash
  • Back injuries
  • Severed limbs

Many of these injuries happen on rides or on water park attractions such as slides. Theme park operators should inspect these attractions before their facility opens every day, but that doesn’t always happen. What’s more, malfunctioning rides are not always closed down at the first sign of a problem out of fear that certain guests will become disgruntled. As a result, people often suffer needlessly because their injuries should have been prevented in the first place.

Actions after an Accident

Those who suffer an injury at an amusement park should report it to the proper authorities before leaving the park. This is true even if the injury appears to be rather minor. In many cases, it is only after there have been several reported injuries that theme park staff take action to correct deficiencies, which is why it is important to have this information documented.

If an injury is severe, medical attention should be sought right away. Theme parks have personnel on site who can administer emergency assistance until medical help arrives. These personnel should be notified so that the proper help can be rendered and an ambulance called if need be.

Legal Documentation

Copies of all medical bills need to be forwarded to park administrators so that patrons can be reimbursed for their claims. It can also be a good idea to document any communications between the injured party and park staff. That way, if there is a delay in obtaining relief, it will be easy to justify filing a lawsuit. Texas courts normally require litigants to use the court system as a last resort, which is why people may need to show they have made an effort to obtain relief first.

*Image courtesy of freedigitalphotos.net

2 Injured in Cy Fair ISD Bus Crash

2 Injured in Cy Fair ISD Bus Crash

A gray SUV crashed into the back of a school bus with 17 students on board in northwest Houston near Katy. One student and the driver of the SUV were both taken to the hospital.

It happened on Clay Road at Greenhouse yesterday, as students from Cy Lakes High School were on their way home from school. Freshman Phillip Jones, who was sitting in the last row of the bus, went to the hospital with injuries to his back, but was able to walk out of the bus. There is no word on the driver’s condition, but he needed to be helped out by a good samaritan as the SUV caught on fire. A passerby recorded this with his phone’s camera. The video is below.

Houston weather, traffic, news | FOX 26 | MyFoxHouston

Image courtesy of khou.com

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Rock Climbing Injures: Take Action Now!

There is no activity that is more demanding on the body than rock climbing, and this is because it takes muscles in the legs, arms, and back all working together to make the climb successful. Indoor rock climbing has seen a surge in popularity, and this newfound interest means people now have access to a controlled climbing environment that is designed to be safe.Rock Climbing Injures Take Action Now!

This focus on safety means those who are injured should consider speaking with an attorney, as these legal professionals can determine whether the business operating the rock wall can be held liable for causing the injury.

Negligence Often Results in Injuries

There are a number of injuries that individuals can suffer while engaging in rock climbing activities, but some of the most common include:

  • Slipping – When a climber slips off the wall they’re climbing this can result in injuries if they swing back into the wall with excessive force caused by the swinging motion.
  • Equipment Failure – The most important part of any rock climber’s equipment is their rope and carabiner, as these two items support them and prevent them from falling. If either piece of this equipment were to fail the climber could potentially fall dozens of feet and be severely or fatally injured.
  • Falling Objects – There are often lines for those who want to climb a rock wall, and this means there are always people below those on the wall. If a person drops something from high up on the rock wall this can cause serious injury to anyone below.

All of the instances listed above generally occur because the facility that owns the rock wall was negligent in ensuring the safety of the customers on their property. If the choices or actions of the facility led to the injury taking place it’s almost guaranteed they’re eligible to have a lawsuit filed against them.

Documenting Evidence

The fact that a vast number of people use the same equipment and facilities during rock climbing activities means there is a greater risk of evidence being lost as time passes. In order to prevent this from occurring climbers should take steps to document evidence so they can present it to their attorney, including:

  • Taking photographs of any unsafe conditions that exist within the facility
  • Photographing or requesting to keep any failed equipment that often proves why the climber was injured
  • Speaking with and writing down the personal information and testimony of any witnesses that saw the accident occur

Filing a lawsuit due to a rock climbing injury is not only beneficial for ensuring that medical bills can be paid, but also helps protect everyone else who enjoys taking part in this activity.

Get Legal Help Today!

Rock climbing injures are tough to fight in court without the assistance of a well-trained attorney. However, with an expert on your side, you can begin building a case and get the justice you deserve. Call 713-222-1222 today to schedule a free case evaluation.

*Image courtesy of freedigitalphotos.net

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5 Crazy Medical Malpractice Court Cases

5 Crazy Medical Malpractice Court Cases

People undergo medical procedures every day in order to improve their health. Some people will find themselves worse off than before whenever they become the victim of medical malpractice. Medical malpractice can encompass a number of things, but here are some of the strangest cases ever recorded.

1) Rhode Island Brain Surgery Fiasco

In 2007, doctors at Rhode Island Hospital performed brain surgery on the wrong side of a patient’s head not once, but three different times. In one instance, the doctor failed to mark which side of the head should be operated on. Another time, the doctor did not fill out a checklist beforehand. In the third instance, the chief neurosurgeon and nurse both clarified which side of the brain required surgery, and then proceeded to drill a hole in the other side of the head. All three of these cases involved different doctors.

2) Awake During Surgery

A number of patients will experience what is known as “anesthesia awareness” during surgery. This happens whenever they awaken during surgery and are able to hear what is going on in the background. There are two elements to anesthesia, one that deadens the pain, and another that renders a patient paralyzed. When anesthesia awareness occurs, patients are typically unable to signal doctors because the paralysis agent is fully effective.

3) Wrong Leg Amputated

In 1995, a Florida man entered a hospital in order to have his leg amputated. Doctors began performing surgery to remove the opposite leg instead. The mistake was discovered before the operation was complete; however, by that time, it was too late to reverse the damage. As a result, the man had to have both of his legs removed. The surgeon in charge of the operation was fined $10,000 and lost his medical license for six months.

4) Wrong Body Part Removed

The case of the Florida man is not an isolated incident, as doctors have also been known to remove the wrong body part from patients. A Minnesota man experienced this when surgeons removed the wrong kidney from his body, leaving one that was suspected of containing cancer intact. In Los Angeles, doctors also removed the right testicle of a man who was suspected of having cancer in his left testicle.

5) Failure to Provide Treatment

A woman entered King’s Hospital in Brooklyn New York in 2008 for treatment, and waited nearly 24 hours to see a doctor. She eventually collapsed on the floor of the emergency room, where workers simply ignored her thrashing about until she eventually passed.

Cases like these may be unusual, but they actually happen more often than people think. Medical malpractice victims may be entitled to relief for their damages, pain and suffering.

Get a Malpractice Attorney on Your Side

All it takes is one screw-up and your life is forever changed. If you have recently been to the hospital and suspect that the medical staff made mistakes that negatively affected you, then you need to speak with a personal injury attorney today to learn about your legal rights. Call 713-222-1222 in order to schedule a free case evaluation.

*Image courtesy of freedigitalphotos.net

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Recent Oil Spill Causes Lawsuits and a Series of Legal Maneuvers

Recent Oil Spill Causes Lawsuits and a Series of Legal Maneuvers

The recent oil spill near Texas City on March 22 caused environmental problems, and prompted a massive cleanup process that is still underway. However, it prompted an even bigger legal mess.

A few days after the accident, Judge John Froeschner issued the warrant of seizure as a request of an attorney representing anglers and bait shop owners. The attorney claims that an unnamed shrimper “discovered a significant amount of oil on the captured shrimp. A closer inspection revealed that his entire catch was covered with oil.” The ship was freed after a $9.3 million bond and is now in a Houston shipyard undergoing repairs.

In exchange, the owner of the cargo vessel filed a petition to limit liability in oil spill cases. Attorney Sean O’Rourke, who filed the request for seizure, stated that he expected the request. However, he responded by filing with the courts that all claims be moved back to the federal court in Galveston.

The “responsible party” is the tugboat that was towing the barge, but it has not been determined who is at fault. However, a recent filing says that the vessel was speeding, despite the fog, and did not take evasive action, which proved it was “dangerous” and “unseaworthy.”

This legal chess match will last a long time.

For more information, visit galvestondailynews.com.

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Baby Sitter Injuries: Can I Take Legal Action

Babysitter Injuries: Can I Take Legal Action?

Deciding to leave a child with a babysitter is a tough decision that most parents think about very carefully. Most people use extreme caution when choosing a sitter, taking the time to check references and get to know that person in order to ensure their child’s safety. When kids are injured while in the care of a babysitter, a parent can experience a multitude of emotions ranging from shock to anger as a result.

Causes of Babysitter Injuries

Children can be injured in the care of a babysitter in a number of ways, and some of the most common reasons for injuries include:

  • Sitters who take on more children than they can reasonably manage
  • Diverting attention away from the children being watched
  • Taking kids to places they should not go
  • Entrusting them to the care of another after the parents leave
  • Allowing children to participate in activities that are not age appropriate
  • Providing unsafe conditions
  • Leaving young children alone

To make matters worse, child care providers sometimes try to cover up the fact that a kid was injured because they fear repercussions. This is often the case with very young children who are unable to communicate their injuries. As a result, some conditions may actually become worse due to lack of immediate medical attention.

Responsibilities during Babysitting

Anyone who agrees to care for a child has a responsibility to provide for his or her safety during that time. Some of the things a sitter is required to do are:

  • Maintain a safe environment
  • Properly supervise children
  • Protect them from dangerous situations
  • Notify parents immediately of any problems that may occur

Proving Negligence

In order to prove babysitter negligence, Texas courts will normally require parents to prove that there was indeed an actual caregiver relationship established first. The presence of a written or verbal agreement to care for a child is normally enough to meet that burden of proof. After that, moms and dads will need to show that a babysitter’s actions or lack of actions actually led to the injury in question.

Making a claim for damages against a babysitter is never an easy thing to do, especially whenever that person is a close friend or relative. In order to navigate the legal process, it can sometimes help to speak with a personal injury attorney who can advise people of their rights while also helping the situation from escalating any further than it already has.

Legal Assistance

It’s difficult for the average individual to take a babysitter to court and win without the assistance of a legal professional. However, with proper representation, you can win your case and get money to help pay for your child’s injuries. Call 713-222-1222 today to schedule a free case review.

*Image courtesy of freedigitalphotos.net

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Help...My Child Was Injured in a Bouncy House...Can I Sue

Help…My Child Was Injured in a Bouncy House…Can I Sue?

Children get excited whenever they have an opportunity to jump and play in a “bounce house”, and for good reason. Bouncy houses are a great deal of fun, provided that they are used in the proper manner. Parents who allow their kids to use these inflatables have an expectation that they will be safe while doing so, which means they could also recover damages whenever negligent operation results in an accident.

Responsibilities of Inflatable Supervisors

Those who are in charge of bouncy castles have a duty to do certain things in order to ensure the safety of the children who use them. A few of these things include:

  • Inspecting the inflatable for signs of damage
  • Ensuring it is properly anchored
  • Providing proper supervision
  • Giving adequate warnings about the dangers
  • Placing the structure in a safe location

Ideally, a bounce house should be inspected each time it is set up or moved. Permanent structures should be checked at least daily so that defects can be corrected as soon as they occur.

Establishing Safe Guidelines

Operators are also responsible for establishing guidelines for the use of the house in order to promote safety. A few of the things that should be taken into consideration include:

  • Prohibiting children under the age of six from entering the structure
  • Keeping older and younger children from jumping together
  • Restricting horseplay and fighting
  • Prohibiting stunts, kicks, and flips
  • Limiting the number of children who may jump at any given time
  • Making kids remove shoes and objects from their pockets while inside the bounce house

Not only should these guidelines be established, but they should also be enforced. This means that everyone who supervises a bouncy house should be made aware of the rules and be held accountable for following them. There should also be a plan in place for handling any unsafe acts as soon as they are observed. Failure to stop an unsafe act from occurring could constitute negligence in a court of law.

Proving Bouncy House Negligence

When faced with the question of negligence, courts will look at the totality of the circumstances in order to determine if a valid case exists. Judges will likely consider whether or not a “reasonable person” would have allowed a child to use a bouncy house under the same conditions. If it seems that the operator should reasonably have known an accident might occur, he or she could then be found liable for damages.

Get Justice by Hiring a Lawyer

If your son or daughter was injured in a bouncy house, then you need to speak with a qualified attorney to figure out the best course of action. The first step is scheduling a free case evaluation by calling 713-222-1222.

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Child killed, several injured in 4-vehicle accident on Highway 290

Child Killed, Several Injured in Four Vehicle Accident on Highway 290

A boy around eight to ten years old was killed when a truck tractor semi-trailer crashed into a Kia Optima on 290 and Mason Rd. He was in the back seat of the car. His mom and younger sister were in the front seat. They were both rushed to the hospital. The boy’s younger sister went to surgery with a cracked skull. All lanes of 290 were closed for hours in front of Houston’s Premium Outlets while officials cleared the roadways.

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The driver of the 18-wheeler looked down to see his phone and collided with the Kia, which was stuck in traffic. The impact caused a domino effect where the Kia crashed into a Ford truck in front of it, which then crashed into the car in front of it. The impact was so severe that the rear bumper of the Kia was pushed up into the back of the front seat. Passengers in the rear seat never stood a chance. Two other passengers in the other cars were taken to the hospital for less severe injuries.

For the latest information on this story, visit click2houston.com

Image courtesy of myfoxhouston.com.

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Who is Responsible for An Injury in a Cinco de Mayo Party

Who is Responsible for An Injury in a Cinco de Mayo Party?

Cinco de Mayo parties are not just held in Mexico, as they are becoming increasingly popular here in Texas as well. These parties often include lots of Mexican food, games, dancing and alcoholic beverages, making them a common place for injuries to occur. When people are injured at a Cinco de Mayo party, they often wonder whether or not the host can be held responsible. Here in the Lone Star State, the answer is almost always “yes.”

Duty of Care

Party hosts have a duty to provide a safe environment for their guests to enjoy themselves in. Unfortunately, while planning a Cinco de Mayo party, few people stop to consider the combination of lighting, alcohol and activity that could heighten the risk for injuries to occur. A few of the things that could cause an injury at one of these festivities include:

  • poor lighting
  • improper supervision during games or activities
  • guests that are overly intoxicated
  • overcrowding that leads to crushes, slips or falls
  • food poisoning due to improperly prepared food
  • party facilities that are not well maintained

Types of Injuries

At a Cinco de Mayo party, guests can suffer everything from broken bones to concussions whenever the host fails to plan for safety. Sometimes these injuries are rather minor, but other times, they could require medical attention. In some cases, partygoers will even have to take time off from work, or may become hospitalized or require surgery in order to fix the problem.

Determining Liability

Liability in cases such as these is normally established by the presence of a formal invitation to an event, which can be either written or verbal. Even if the injured party does not have a formal invitation, the host can still be liable if an invitation was implied. For example, if the victim was a guest of another person who had a formal invitation, yet was not asked to leave, an invitation to attend could then be implied. As such, hosts can even be held liable for damages to so-called “party crashers.”

Making a Case

After a Cinco de Mayo injury, it is important to gather information from any witnesses that might have observed an accident. If possible, pictures should also be taken in order to prove that there were unsafe conditions. These things will go a long way toward proving a party host was negligent in the event the matter needs to be settled in a court of law.

After you have taken photographs and gotten your injuries checked out in a hospital, then next step is to contact a personal injury attorney. This is important because it’s very difficult to fight a case without a knowledgeable legal professional on your side. Schedule a free case evaluation today by calling 713-222-1222.

*Image courtesy of freedigitalphotos.net

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