I Was Injured at an Amusement Park. What Do I Do Now

I Was Injured at an Amusement Park. What Do I Do Now?

As cold temperatures give way to the summer heat people line up for the chance to visit their favorite amusement park and enjoy the thrills these establishments provide. Most people enjoy this entertainment without incident, but every year there are thousands of injuries that occur at amusement parks, and those who are injured should take steps to protect their ability to recover damages.

Making a Report

Individuals who are injured should ensure that the information and details surrounding this event are reported to the amusement park staff. This is often of primary concern when a person’s injuries appear or are believed to be minor since these may be overlooked. Regardless of the severity of an injury, these events should always be reported and visitors should ensure a detailed report is filed.

Being Selective in Speaking with Others

When a person is injured there are often dozens of people who will wish to speak with this individual, and this number increases if a lawsuit has been filed. Injured persons should be selective in whom they speak with since talking to the wrong person can result in legal action falling apart and a claim being denied. Individuals that injured persons should be wary of speaking to include:

  • Legal representatives of the amusement park
  • Those affiliated with the amusement park’s insurance company
  • Investigators working on behalf of the amusement park

Many of the above-mentioned persons will only be looking for the injured person to trip themselves up in some way and make it appear as though their claim is over-exaggerated or isn’t worthy of compensation. Injured persons should speak only with their attorney, and this is especially true once a lawsuit has been filed.

Medical Visits

Serious injuries often result in the injured person being seen by medical professionals immediately. More visits to medical professionals usually occur after this point, and it’s vital that injured persons follow all medical advice and attend any follow-up appointments. Some of the benefits of adhering to all medical advice includes:

  • Seeing the progression of an injury as it heals or worsens
  • Having expert testimony in the event that a medical diagnoses is questioned
  • Displaying a genuine effort to recover from the injury

Injured persons should also use medical examinations as a chance to gather any medical documentation pertaining to their injury. The most important records will provide a general overview of the injury and its severity, and this information should then be passed on to a qualified injury attorney.

Amusement Park Attorney

Getting injured at an amusement park is no laughing matter. Even individuals with “minor” injuries should speak with a personal injury attorney to see what compensation they are entitled to. Schedule your free case evaluation today by calling 713.766.5400.

*Image courtesy of freedigitalphotos.net

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Bounce House Injuries Loss of Teeth, Head Injuries and More...

Common Bounce House Injuries: Head, Neck, Loss of Teeth and More…

Most parents seek only the best forms of entertainment for their child’s birthday party, but many parents don’t realize that this decision may place their child and many of their friends at a severe risk of injury. One of the most common forms of entertainment at children’s parties are inflatable bounce houses, and these devices accounted for 64,000 injuries that occurred between the years of 1990 and 2010. While the type of injuries sustained in a bounce house can vary, there are a few that are the most prominent.

Tooth Loss

Many of the children who enjoy bounce houses are of the age when their bodies are still developing and their baby teeth are giving way to their permanent replacements. Tooth loss often occurs in bounce houses because these devices involve the placement of multiple children in a small environment where they will likely be running and bumping into one another.

When a child loses either an adult or baby tooth, this can be dangerous. Baby teeth lost too early can result in the adult teeth not coming in correctly and causing dental issues that require professional treatment. If a child loses one of their adult teeth, this is even more troublesome because it means the tooth will have to be replaced by a dental professional.

Head and Neck Injuries

When a child enters a bounce house it is almost guaranteed that they will attempt to do stunts and flip themselves while jumping high off the ground. When one of these tricks goes wrong children often find themselves with head and neck injuries that result from landing incorrectly.

Injuries to the head and neck can cause severe damage to both the skull and spine, and some of the negative effects of this injury can last for a lifetime. Children may not even initially be aware they were injured, and parents should take care to make sure their child is examined by a medical professional after an injury like this occurs.

Fractures

Fractures are also common in a bounce house, and the risk for this type of injury increases as more children are allowed into the bounce house. While many injuries result from children attempting stunts or bouncing into one another, there are also instances where the device itself is the cause.

There have been documented cases of bounce houses lifting off the ground due to high winds and then falling back to the earth with the children still inside. This event is not only mentally traumatic for the child, but often causes severe physical injuries as well.

Get an Attorney Today

Most parents don’t realize just how negligent some bouncy house operators are until it’s too late. The only way to rectify this situation is to hire a personal injury attorney. Schedule your free case review today by calling 713-222-1222.

*Image courtesy of freedigitalphotos.net

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Water park Injuries Take Legal Action Today!

Water Park Injuries: Take Legal Action Today!

Many people try to escape the summer heat by visiting water parks and both relaxing in the cool water and enjoying the rides that are available. Most people feel safe in these locations, but every year there are thousands of people seriously or fatally injured at water parks due to defective equipment or negligence on the part of park staff. In order for visitors to protect themselves and their family they should be aware of the more common dangers visitors of these parks face.

Slipping and Falling

While most parks place signs at every interval warning of the danger of running, there are some instances when visitors can’t avoid slipping and falling. These accidents generally result from surfaces not being properly coated with non-slip material. If a person or someone they know slips and falls medical attention should be sought immediately and park staff should be contacted so a report can be filed.

Defective Equipment

Slides, rafts, and even lawn chairs are all expected to be in good condition before visitors are allowed to use them. If a guest is concerned about the safety of an item they should contact the water park staff and let their concerns be known. This may help visitors avoid an injury altogether and save them from having to file a negligence case to try and recover damages.

Non-Water Related Incidents

Just as with any public place, water park owners and staff have a responsibility to ensure guests are safe during their entire visit. If the park allows other guests to engage in dangerous behavior that results in a visitor being injured the park owner can be held liable for their negligence and face a lawsuit from those who suffered an injury.

File a Water Park Lawsuit Today

When a water park owner refuses to take the necessary precautions to make his or her business safe, then sooner or later people will become injured. This is an unfortunate fact of life; however, filing a lawsuit will discourage future negligent behavior and injuries. The best way to proceed with a lawsuit is to speak with a qualified attorney. Schedule a free case evaluation today by calling 713.766.5400.

*Image courtesy of freedigitalphotos.net

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3 Types of Witnesses That May Help You Win Your Case

3 Types of Witnesses That May Help You Win Your Case

The one thing that can truly determine whether a case is won or lost is the number and quality of the witnesses who are questioned. The problem with gathering witnesses is that many people simply forget to do this unless they know the witnesses personally. The stress and anxiety created during many events, such as injuries, often clouds a person’s judgment and results in them not remembering to gather witnesses until most of them have been lost. People should follow a few rules when gathering witnesses, and each rule ensures these individuals can be located at a moment’s notice.

1) Strangers as Witnesses

The close proximity of most towns and cities means there is at least two people near one another at any given time. If these people are not known to an injured person they may be overlooked as a witness, but this should not be the case. When approaching a stranger to retain them as a witness individuals should gather:

  • Personal Information – This type of information is vital to connecting with the witness once the two parties have parted ways. Relevant information to gather includes names, phone numbers and addresses.
  • Potential Cooperation – Victims should also note whether the individuals seems cooperative and as though they’re willing to testify on the behalf of the victim. All personal information should be taken regardless of the result because some witnesses may be required to appear by the court.
  • What Was Witnessed – Victims should make a small note about what it was that the witness actually saw. By gathering this information from multiple people victims are more likely to get a clear idea of what occurred outside their own viewpoint.

2) Known Witnesses

When a person knows a witness they are far more likely to get a full account of what happened from the witness’s point of view. These individuals should be put in contact with the victim’s attorney as soon as possible so they can recount what they saw and the attorney can begin developing a case.

3) Expert Witnesses

One vital witness that may not even have seen the events take place is known as an expert witness. These individuals are often professionals in a certain field and can attest to the accuracy of the events as recounted by the victim or other witnesses. Some examples of these individuals include:

  • Traffic Experts – These individuals have studied vehicle accidents in-depth and know what an outcome should be without even seeing the actual result. Bringing in these experts ensures a distorted view of the accident doesn’t take hold in the courtroom.
  • Medical Experts – Injury cases often involve medical experts because these professionals can assess the true cause of an injury. Victims can help prove their case by utilizing this type of witness to prove the defendant’s actions or neglect led to the injury the plaintiff is claiming.

Get Help with Witnesses

If you have been injured, it’s best for you to begin gathering witnesses right away. However, a personal injury attorney can help you assess the value of each witness and help you find more witnesses if need be. Schedule your free case evaluation today by calling 713.766.5400.

*Image courtesy of freedigitalphotos.net

2 Injured When a Cable on an Amusement Park Ride Snapped

2 Injured When a Cable on an Amusement Park Ride Snapped

Skyhawk, an amusement park ride in Cedar Point in Ohio, injured two riders when a cable snapped at around 10pm Sunday.

Skyhawk is one of the world’s tallest swing rides. It swings riders back and forth in a scissor motion as high as 125 feet and at speeds of about 60 mph. While in operation, one of the cables for one the carriages broke. The ride did not stop. Instead, power to the ride was cut off, and gravity took over. While the ride came to a full stop, the cable whipped around hitting two passengers. One was treated at the scene, and one was taken to the hospital. Neither had life threatening injuries, but it was a very scary scene for everyone involved.

If you or a loved one has been injured in an amusement park accident, Mukerji Law Firm can help. The experienced attorneys at Mukerji Law Firm can help make a tough time in life much more manageable. Call us for a free case evaluation today!

Image courtesy of wtsp.com

 

3 Most Common Bounce House Injuries

3 Most Common Bounce House Injuries

Bounce houses are viewed as fun devices that children can enjoy for hours on end, but what few people know is that bounce houses are also the cause of thousands of injuries every year. One of the most interesting facts about bounce house injuries is that although the injuries sustained can vary greatly, there are a few that are the most common.

1) Broken Bones

One of the most common types of injuries children sustain while playing in bounce houses are fractures. This type of injury is common because the constant bouncing motion and difficulty gaining a stable foot hold means children can easily bump into one another and land in injuring positions. Parts of the body that suffer fractures the most during this activity are:

  • Legs and Feet – 33% of all fractures in bounce houses
  • Arms and Hands – 30% of all fractures in bounce houses

2) Head and Neck Injuries

The head and neck of a child are two of the most sensitive areas on their body, and this means injuries that occur in these places can potentially stay with them for their lifetime. This type of injury accounted for 19% of all injuries suffered in bounce houses.

Parents should be aware that injuries to the head and neck may not be readily identifiable, and parents should closely observe their children after an accident to ensure this type of injury wasn’t overlooked.

3) Knocked out Teeth

Many children who enjoy playing in bounce houses are still in the process of losing their baby teeth. The jarring and slamming that takes place in a bounce house is a perfect environment for these teeth to be knocked out. If the dislodged tooth is one of the child’s adult teeth this can create serious issues since the only way these teeth can be replaced is by a trained dental professional.

In order to avoid costly medical bills parents should determine whether the loss of the tooth was the result of an accident or caused by the negligence of the bounce house operator. If the latter is true then parents have the option of filing a lawsuit as a way to recover from their losses and ensure their child can have any necessary dental work completed.

Improperly Secured Moon Jump

Bounce houses weigh very little since they’re mainly composed of air, and this means they must be secured to the ground. There are instances where children have been injured after high winds have lifted bounce houses off the ground and turned them over. This type of event can lead to any or all of the injuries listed above.

Bouncy Castle Injury Justice

As a parent, it’s difficult to watch your child suffer from an injury he or she shouldn’t have sustained, but did because of negligence. Along with the emotional trauma, there is also rehabilitation and medical bills to be concerned about. If you are in this predicament, then you should call 713.766.5400 to schedule a free case evaluation today.

*Image courtesy of freedigitalphotos.net

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Take Action Right Away If Your Child Was Injured on Playground Equipment

Take Legal Action Right Away If Your Child Was Injured on Playground Equipment

Playgrounds are intended to be places of fun, but every year thousands of children are injured on playgrounds. While a child’s injury may seem like an open and shut case of liability, there are some circumstances that parents and caretakers should be aware of before they enter the court room to prove their case.

Expectation of Supervision

When a parent leaves their child in the care of someone else there is an inherent expectation that the supervising adult will ensure the child is safe. Instances where a parent can sue for negligent supervision include:

  • a lack of attention paid to the child during their time on the playground that resulted in them being injured
  • there was an agreement between the parent and supervising adult that the child would be watched and protected from harm during the parent’s absence
  • the supervising adult failed to watch the child at all and the child was injured

Unsafe Property

When the playground itself or the property it is placed on is determined to be dangerous, this is often considered to be premises liability. Cases of this include instances where:

  • the child on the property is no different from any other type of children the owner would expect
  • the injuries could have been prevented if the owner of the property had taken measures to correct any deficiencies
  • the property owner carried out an action that likely caused the injuring event to take place

A common type of injury that is considered premises liability is when owners don’t properly maintain their playground equipment. This also applies if there is an aspect of the equipment that the owner thinks might be dangerous but does nothing to correct it until an injury occurs.

Home Playgrounds

Some parents try to avoid the dangers listed above by only allowing their children to play on equipment at their home, but injuries are common even in these scenarios. Injuries that occur at home may occur not because of any negligence on the part of the parent, but because of a defect in the equipment itself.

Cases like this will often require parents to file a product liability lawsuit rather than one against another person. Instances of product liability include:

  • Defective parts that caused the overall structure to be unsafe
  • Improper or incomplete instructions that led to the structure not being assembled correctly
  • Manufacturing error that caused single or multiple parts to pose a danger to children either by weakening the structure or posing a risk of lacerations or other serious injuries

Hire a Child Injury Attorney

When a child is injured on playground equipment, parents often don’t know that they can sue. However, depending of the circumstances, going to court is often a viable option. To see if you should seek legal action, schedule a free case review by calling 713.766.5400.

*Image courtesy of freedigitalphotos.net

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I Was Injured at an Amusement Park. How Long Do I Have to Sue

I Was Injured at an Amusement Park. How Long Do I Have to Sue?

When an injury occurs at an amusement park, the victim may simply assume this is the risk they take when visiting one of these locations. What many victims don’t realize is that their injury likely could have been avoided, and it is often the actions of park employees that create dangerous conditions in the first place. As medical bills begin to arrive, victims often begin to realize the seriousness of their injury and look for a way to pay all the costs and this is when they should consider taking legal action.

Amusement Park Statute of Limitations

The statute of limitations is applied differently depending on whether the injured person was under or above the age of 18 when the accident occurred.

  • Adults – Anyone who is 18 when the injury is sustained generally has two years to file a claim against the amusement park. If they fail to do so within this time-frame they often can’t recover monetary compensation for their injuries.
  • Minors – The statute of limitations is far different for minors because they are allowed to file civil charges against the amusement park up to two years after their 18th birthday. This allows the minor to reach the legal age required to file a lawsuit and do so even if their parents or caretakers failed to do so in the past.

Filing Quickly

There are a number of advantages for those who decide to file their lawsuit shortly after the injury is sustained, and these include:

  • Retention of Witnesses – Anyone who saw the injuring accident take place will likely still remember the events clearly and will be able to testify on behalf of the victim. These individuals will also be easier to locate and names and personal information can be gathered so they can be contacted later.
  • Preservation of Physical Evidence – Any evidence involved in the case is also easier to locate and secure shortly after an accident occurs. Extended lengths of time can cause evidence to deteriorate to the point where it is no longer admissible in the court room or is of little value to proving the case.
  • Extent of the Injury – As time passes, injuries often heal until a point is eventually reached where they’re barely noticeable. Allowing investigators the chance to see the injury while it is still fresh makes the case stronger because it makes the pain and suffering of the victim a reality rather than something that occurred long ago.

You Don’t Need to Go to Court Alone

It’s nearly impossible for a person unfamiliar with the law to effectively defend themselves. It’s much better to hire a professional personal injury attorney to manage your case. Schedule your free case evaluation today by calling 713.766.5400.

*Image courtesy of freedigitalphotos.net

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Teen Dies in Go-Kart Accident near Texas Motor Speedway

Teen Dies in Go-Kart Accident near Texas Motor Speedway

A day of fun turned into a tragedy when 14-year-old Kierstin Eaddy failed to stop after crossing the finish line in a go-karting event, went through a fence, and died.
Kiersten is an experienced autocross racer with the Sports Car Club of America (SCCA). She was racing in a Formula Junior solo race event outside Texas Motor Speedway in Fort Worth on Sunday. After she crossed the finish line, she seemed to accelerate instead of slow down. She smashed into a low fence, which stripped off her helmet and brought the kart to a stop in a field. She was airlifted to Harris Methodist Hospital, where she died from her injuries. The SCCA requires safety helmets for this event. Kiersten was wearing her helmet and safety gear, but it was not enough to save her.

Kiersten was a straight A student who touched the hearts of many people, according to her father. She volunteered at local horse stables and worked with children with autism and other disabilities in her spare time. Our condolences go out to the Eaddy family, and all of Kiersten’s loved ones.

If your child or someone you love has been injured in a go-kart accident, you need an attorney who can is willing to go the extra mile for you. At Mukerji Law Firm, we take care of everything, so you can focus on what is important – the health of your child. Call us today!

Image courtesy of dailymail.co.uk

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Dog Bites are They a Civil or Criminal Offense

Dog Bites: Are They a Civil or Criminal Offense?

Legal action involving dog bites is interesting because it often involves both criminal and civil aspects. There are also laws that state what happens to the dog in the event that a person is bit, and these are generally labeled as administrative laws. States generally have one of two sets of laws regarding dog bites, and these are “strict liability” and “one bite” states.

Strict Liability States

States considered to be strict liability will often find in favor of the plaintiff in the event that a person is bit. This ensures that owners take proper care to ensure their dog isn’t a danger or is properly contained so the general public isn’t exposed to this danger. Although there are a few instances where owners can’t be held liable, and these include when a person:

  • provokes the dog in some way
  • is trespassing and the dog is simply protecting the property

If either of the above-listed facts is proven to be true the owner will generally not be held liable unless the dog shows unnecessary ferocity in its attack and causes serious injury to the plaintiff.

One Bite States

States that prescribe to the one bite law are far more forgiving to dog owners. In these states the dog must have been known by the owner to bite people before they can be held responsible civilly or criminally. Although, if the owner does know that the dog poses a danger they face the same civil and criminal charges as those in strict liability states.

Possible Charges for Dog Bites

The type of charges a dog owner faces is often determined by the circumstances surrounding the bite and the extent of the injuries suffered by the victim. In the most severe cases owners can face criminal charges, and these generally involve a dog that is trained to attack people. If an owner trains their dog in this way and then doesn’t take proper care to ensure the dog isn’t a danger to innocent people the owner can face criminal penalties such as:

  • up to $10,000 in fines
  • felony charges and being imprisoned for a maximum of four years
  • removal of and euthanasia of the dog

Punitive damages are also something that owners may be required to pay, and these are often awarded when the attack is so severe that the courts believe the victim deserves compensation beyond what is required to recover their losses.

Getting Legal Assistance

Dog bite injuries can be quite tragic. Not only does the victim often relive the event over and over in his mind, but there are also many medical issues that come with the attack. The best thing a dog bite victim can do is speak with a qualified personal injury attorney to see which actions he should take. Schedule your free case evaluation today by calling 713.766.5400.

*Image courtesy of freedigitalphotos.net

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