tag:blogger.com,1999:blog-21659737545788169102024-03-12T18:01:06.139-07:00Tucson Injury AttorneyAttorney Stephen Gorey
Law School: Arizona State University School of Law
Licenses:
Admitted to practice law in Arizona in 1975 and in California in 1985.
Admitted in the following courts:
•All State and Local Courts in Arizona and California.
•United States District Courts (Federal) in Arizona, Southern California,
Eastern California, Central California.
•Ninth Circuit Court of Appeals.Law Office of Stephen Goreyhttp://www.blogger.com/profile/12464249648164288311noreply@blogger.comBlogger13125tag:blogger.com,1999:blog-2165973754578816910.post-68993359232887184002010-08-28T13:56:00.000-07:002010-08-28T14:04:40.053-07:00Bicycle Safety, Responsibility and the Law<div class="separator" style="clear: both; text-align: center;"><a href="http://2.bp.blogspot.com/_bOVE8efFJHw/THl50J0OzTI/AAAAAAAAAG0/lteW9pXTHDI/s1600/bike+picture.jpg" imageanchor="1" style="clear: right; cssfloat: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="200" ox="true" src="http://2.bp.blogspot.com/_bOVE8efFJHw/THl50J0OzTI/AAAAAAAAAG0/lteW9pXTHDI/s200/bike+picture.jpg" width="195" /></a></div><strong>By Stephen Gorey, Attorney at Law</strong><br />
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Recently I was asked what type of legal protection bicyclists have when they are out riding. <br />
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Laws on this subject differ between Arizona and California. Of course, all bikers have a duty to be on the lookout when they are out riding – much like a driver has responsibility when driving a car. Obeying posted signs, making proper turns, staying in the correct lanes and other common responsibilities are expected of anyone riding a bike.<br />
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Below are more specific areas of discussion on this topic I hope you’ll find helpful. If you or a loved one has been involved in any type of accident involving a bicycle, a skateboard, a scooter or any such means of transportation, contact me for a more detailed analysis of your own personal situation.<br />
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<b>(Q) Does the law require you to wear a helmet at all time when bicycling? </b><br />
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(A) There are no Federal Laws that require bicycle riders to wear helmets, however some states and some cities have passed requirements. Arizona has no such law.<br />
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California laws require all minors to wear helmets while bicycling. The helmets must meet certain nationally recognized safety standards. Children who are passengers on bikes and who are under 4 years old or who weigh less than 40 lbs. must be outfitted with helmets. Similarly, children under age 18 are required to wear helmets while skateboarding, roller skating, roller blading or riding scooters.<br />
Violation of these requirements can result in a ticket.<br />
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A far worse legal consequence results to the rider without a helmet if an accident occurs because the law may find such a rider to be comparatively or contributorily at fault. This means that the rider may be found to have been at least part of the reason why he or she was injured and the amount of money in settlement or verdict may be substantially reduced.<br />
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<b>(Q) Can I legally ride a bike on a sidewalk in the state of Arizona?</b><br />
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(A) ARS 28-812 (Arizona Revised Statutes) applies when the bike rider is riding on the roadway (the same road that vehicles travel upon). This Arizona law states that all traffic laws apply to bike riders. It does not apply when the bike rider is on the sidewalk. If the bike-rider leaves the sidewalk at the corner and rides through a crosswalk, then case law holds that a crosswalk is a safety zone and a bike rider can travel through it in either direction (a technical exception to 28-812 which requires the bike rider to ride with the flow of traffic). Typically, the bike rider on the sidewalk must yield to pedestrians on the sidewalk. However, some local municipalities/townships (etc) have their own ordinances that govern bike riding on sidewalks (such as traveling in the same direction as the road traffic that the sidewalk curbs against, etc.) For this reason, local ordinances as well as State laws must be checked to see what the rights and responsibilities are for bike riders.<br />
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<b>(Q) What are mitigating damages in a bike accident? </b><br />
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(A) Mitigating damages means that if a bicyclist is hurt by someone or some obstruction while riding a bike, they would still have a duty to lessen their damages. Let’s say for example – two bicyclists run into each other on a busy bike path causing one of the riders to fall and break an arm in the process. Rather than going to the hospital to have the arm casted - the injured bicyclist now wants to seek maximum damages against the other - claiming the broken arm no longer functions as it did prior to the accident. To this, a jury might say: “No, you could have gone to the doctor and got it casted and 3 months later it would be as good as new.” In a case like this the person causing the accident may only be responsible for the amount of damage if the injured party had gone to seek proper medical care and this ‘mitigated the damages’. <br />
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Much of this of course is common sense – for all parties involved, including a judge and/or jury considering the facts. There are rules that have to be followed – there is law that must be followed – but everyone must bring their common sense with them when they come into court – and apply that common sense to the law.Law Office of Stephen Goreyhttp://www.blogger.com/profile/12464249648164288311noreply@blogger.comtag:blogger.com,1999:blog-2165973754578816910.post-86724269937793701552010-07-01T23:26:00.000-07:002010-07-01T23:26:22.369-07:00Safety Steps around Pools and Spas PSA to Air NationwideU.S. Consumer Product Safety Commission Debuts New PSAs About Safety Steps around Pools and Spas<br />
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WASHINGTON D.C. – Today, the U.S. Consumer Product Safety Commission (CPSC) debuts a series of Public Service Announcements (PSAs) about their Pool Safely campaign (www.poolsafely.gov) illustrating how simple steps saves lives at pools and spas.<br />
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Partnering with the American Red Cross (www.redcross.org) and the YMCA of the USA (www.ymca.net), CPSC produced broadcast, print and radio PSAs that are being distributed to media outlets across the country. Available to local television and radio stations in English and Spanish, the English-language versions feature Ming-Na, the voice of Mulan in Disney animated films and star of the NBC drama “ER”, The Joy Luck Club and currently starring in Stargate Universe. <br />
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“Our new PSAs are intended to remind parents and children to stay safe in and around pools and spas by practicing as many water safety steps as possible,” said Inez M. Tenenbaum. “The Pool Safely campaign encourages everyone to adopt new safety behaviors while having fun in the pool. It’s important to remember that every drowning incident represents a family tragedy.”<br />
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The PSAs introduce four families and stories about the simple steps that save lives: door alarms, knowledge of CPR, fencing around pools and spas and safety drain covers in spas. The characters in the broadcast PSA are also featured in the print versions of the PSA. The radio PSAs promote the importance of swimming lessons as a simple step that save lives. <br />
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“It’s important that families are aware of the simple steps that can make a big difference around the water,” said Connie Harvey, water safety expert for the American Red Cross. “Sharing that knowledge through PSAs is a great first step to helping parents and children stay safe while enjoying their summer activities.” <br />
“Local YMCAs are where millions of children in thousands of U.S. communities learn how to swim and how to stay safe around pools and spas,” said Mike Espino, Aquatics Safety and Risk Specialist with YMCA of the USA. “The new PSAs remind parents and children about the importance of staying safe in the water. The YMCA of the USA is proud to partner with CPSC on the Pool Safely campaign because it supports our efforts to help families stay safe and be responsible around pools and spas.”<br />
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The broadcast PSAs will be rolled out through the summer in markets across the country. They will be distributed to more than 1,200 local television and 500 cable stations, as well as more than 500 radio stations. The PSAs will also be available on the Pool Safely YouTube channel (www.youtube.com/poolsafely). Campaign partners and supporters will feature them on their websites and promote them through their networks. <br />
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The print PSAs promote the initial four safety steps as well as swimming lessons and include versions suitable for insertion in publications as well as billboard and bus/transit versions. They will also be featured in pool and spa industry trade publications. <br />
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The Pool Safely campaign is CPSC’s national information and education program for the Virginia Graeme Baker Pool and Spa Safety Act (P&SS Act). The Pool Safely campaign is designed to raise public awareness, support industry compliance, and improve safety at pools and spas. The campaign was launched in Fort Lauderdale, Florida prior to Memorial Day, the traditional start of the summer swimming season. <br />
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About the American Red Cross<br />
The American Red Cross shelters, feeds and provides emotional support to victims of disasters; supplies nearly half of the nation's blood; teaches lifesaving skills; provides international humanitarian aid; and supports military members and their families. The Red Cross is a charitable organization — not a government agency — and depends on volunteers and the generosity of the American public to perform its mission. For more information, please visit www.redcross.org or join our blog at http://blog.redcross.org. <br />
About YMCA of the USA<br />
YMCA of the USA is the national resource office for the nation's 2,687 YMCAs, which serve 21 million people each year, including more than 9 million children under the age of 18. YMCAs respond to critical social needs by drawing on their collective strength as one of America's largest not-for-profit community service organizations. Through a variety of programs and services focused on the holistic development of children and youth, family strengthening, and health and well-being for all, YMCAs unite men, women and children of all ages, faiths, backgrounds, abilities and income levels. From urban areas to small towns, YMCAs have proudly served America's communities for nearly 160 years by building healthy spirit, mind and body for all. Visit www.ymca.net to find your local YMCA.<br />
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About CPSCCPSC is an independent federal regulatory agency created by Congress in 1972 “to protect the public against unreasonable risks of injuries and deaths associated with consumer products.” The Pool Safely campaign is proud to partner with leading organizations, including American Red Cross, YMCA of the USA, Safe Kids USA, National Drowning Prevention Alliance (NDPA), Home Safety Council, World Waterpark Association (WWA) and Abbey's Hope. For more information, visit the website at www.poolsafely.gov and follow the campaign on Twitter @poolsafely.Law Office of Stephen Goreyhttp://www.blogger.com/profile/12464249648164288311noreply@blogger.comtag:blogger.com,1999:blog-2165973754578816910.post-1692819665706767732010-07-01T23:16:00.000-07:002010-07-01T23:16:11.261-07:00Today Show Reports on Child Drownings<object width="420" height="245" id="msnbc8f6f18" classid="clsid:D27CDB6E-AE6D-11cf-96B8-444553540000" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=10,0,0,0"><param name="movie" value="http://www.msnbc.msn.com/id/32545640" /><param name="FlashVars" value="launch=38034690&width=420&height=245"><param name="allowScriptAccess" value="always" /><param name="allowFullScreen" value="true" /><param name="wmode" value="opaque" /><embed name="msnbc8f6f18" src="http://www.msnbc.msn.com/id/32545640" width="420" height="245" FlashVars="launch=38034690&width=420&height=245" allowscriptaccess="always" allowFullScreen="true" wmode="opaque" type="application/x-shockwave-flash" pluginspage="http://www.adobe.com/shockwave/download/download.cgi?P1_Prod_Version=ShockwaveFlash"></embed></object><p style="font-size:11px; font-family:Arial, Helvetica, sans-serif; color: #999; margin-top: 5px; background: transparent; text-align: center; width: 420px;">Visit msnbc.com for <a style="text-decoration:none !important; border-bottom: 1px dotted #999 !important; font-weight:normal !important; height: 13px; color:#5799DB !important;" href="http://www.msnbc.msn.com">breaking news</a>, <a href="http://www.msnbc.msn.com/id/3032507" style="text-decoration:none !important; border-bottom: 1px dotted #999 !important; font-weight:normal !important; height: 13px; color:#5799DB !important;">world news</a>, and <a href="http://www.msnbc.msn.com/id/3032072" style="text-decoration:none !important; border-bottom: 1px dotted #999 !important; font-weight:normal !important; height: 13px; color:#5799DB !important;">news about the economy</a></p>Law Office of Stephen Goreyhttp://www.blogger.com/profile/12464249648164288311noreply@blogger.comtag:blogger.com,1999:blog-2165973754578816910.post-85874282582875469632010-06-22T23:18:00.000-07:002010-06-22T23:32:57.238-07:00Dangerous Drugs: Propofol Infections Following Colonoscopy<div class="separator" style="clear: both; text-align: center;"><a href="http://2.bp.blogspot.com/_bOVE8efFJHw/TCGnFB_i6_I/AAAAAAAAAGk/hYDWw2kpcfI/s1600/gorey+-+prop.jpg" imageanchor="1" style="clear: right; cssfloat: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" ru="true" src="http://2.bp.blogspot.com/_bOVE8efFJHw/TCGnFB_i6_I/AAAAAAAAAGk/hYDWw2kpcfI/s320/gorey+-+prop.jpg" /></a></div>Propofol is best known as the drug that may have killed Michael Jackson, but it is widely used in colonoscopies to induce a twilight state for the examination. <br />
The problem with the drug in colonoscopy use is not with the drug itself, but with the way that the manufacturer packages it and in the way that some doctors and clinics use it.<br />
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The directions for using Propofol state that each bottle is for a "single user" only. This means that if less than the contents of the bottle are used on a patient that the excess should be thrown away and not given to another patient. However, the bottle is filled with more than one person would typically need. Why? Because little bottles cost more to fill in the manufacturing process. It is simply easier and cheaper to get the liquid into a bigger container. Also, the manufacturer can charge more for the greater amount of drug in the bottle.<br />
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The very big problem is that some doctor offices and colonoscopy clinics either do not properly control their nurses and technicians who use the bottles for more than one patient, or else those doctors and clinics try to make more money by using one bottle for more than one patient and billing Medicare or another insurer for more bottles than are actually used.<br />
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Here's the result. When the nurse or tech draws the Propofol the first time and then injects it into a patient they wait to see if enough has been administered for that person to be "put out" for the procedure. If not, then the same needle is used for the same patient and it is dipped back into the vial of Propofol to draw out some more to be used. What happens when the needle goes back into the bottle to draw out more Propofol? You guessed it, the bottle becomes contaminated from the first injection. This would not harm anyone EXCEPT that if the same vial is now used for a second patient, that second patient becomes infected even if the needle has been changed because the bottle, not the needle, is now growing the infection inside the liquid.<br />
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This has led to terrible injuries due to Hepatitis C, B and HIV being transmitted in colonoscopy clinics and other offices administering the tests with Propofol used to induce a twilight state of consciousness.<br />
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Recently a jury found this infection process to be the fault of the manufacturers, Teva Parenteral Medicines Inc and Baxter Pharmaceuticals. Suits are pending around the country.<br />
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If you or a loved one have developed Hepatitis C following a colonoscopy I would like to investigate the matter and to help you. You can reach me through the phone numbers and e-mail address listed on my webpage at www.stephengorey.com.Law Office of Stephen Goreyhttp://www.blogger.com/profile/12464249648164288311noreply@blogger.comtag:blogger.com,1999:blog-2165973754578816910.post-41242440165995037072010-06-22T22:46:00.001-07:002010-06-22T23:10:04.148-07:00Product Liability - Toyota Sudden Acceleration<div class="separator" style="clear: both; text-align: center;"><a href="http://4.bp.blogspot.com/_bOVE8efFJHw/TCGlHBy4MJI/AAAAAAAAAGc/8YTjf62X_xo/s1600/gorey+-car+brake+lights.jpg" imageanchor="1" style="clear: right; cssfloat: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="200" ru="true" src="http://4.bp.blogspot.com/_bOVE8efFJHw/TCGlHBy4MJI/AAAAAAAAAGc/8YTjf62X_xo/s200/gorey+-car+brake+lights.jpg" width="191" /></a></div>Every few days it seems that another news article documents a Toyota product, including Lexus, suddenly going faster than the driver wanted. This has resulted in tens of thousands of complaints to the National Highway Traffic Safety Administration (NHTSA) and lawsuits across the country for people who have been seriously injured or their loved ones killed. While it is true that some of the complaints were caused by driver error or objects jamming the gas pedal, such as floor mats, the main culprit appears to be random electrical signals.<br />
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To get an idea of what this means, think of a "rogue wave" out in the ocean. It used to be that there was no real proof of the existence of these "monster waves" that sailors reported sometimes being 100 feet high. Now, however, due to satellite imaging, the existence of the waves has been proven. They have also recently been documented on film hitting cruise ships.<br />
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Where do these waves come from? The most accepted theory now comes to us from the world of mathematics and specifically from the realm of "fractals." One such theory which is now being empirically verified by the existence of rogue waves, is that a seemingly regular current of energy that flows with even spacing will, for an as yet unknown reason, produce a "spike" in the current every now and again at times that are (as yet) unpredictable. So, going back to the ocean, the waves can roll up and down with the currents of energy in a lazy sort of fashion in 5 to 10 foot swells and then, unexpectedly, a monster rogue wave will appear inside the "calm" waters.<br />
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Electronic signals in the car can do the same. The car's electrical signals may flow in a familiar up and down wave pattern but every now and then a rogue "random" signal may appear. If there are too many electronic components in too small a space, the signals can interfere with each other.<br />
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Toyota gas pedals do not pull a lever anymore. When you step on the gas or set the cruise control, you are sending an electronic signal to the car's computer. If a stray signal from within the car or outside the car gets interpreted by the car's computer as a command to accelerate the car, the engine will suddenly accelerate.<br />
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While it may not be possible to eliminate these stray electrical signals, the auto industry has known for many years how to stop the signals from causing sudden acceleration. The answer is a brake override system where any pressure to the brake will be the primary command that will stop the car from accelerating. Many car manufacturers use this system, but not Toyota. Why? The easy answer is money. It costs money to retrofit automobiles. Beyond that, Toyota believes that their keyless system by which an owner with a small transmitter in their pocket can start the car by putting a foot on the brake and pushing a button is a safety device (because the car cannot be started by pushing a button with a foot on the accelerator) that Toyota doesn't want to give up. It has a "wow" factor that sells cars. <br />
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I have successfully handled product defect cases involving automobiles with engine design defects. If you or a loved one has been injured by sudden acceleration in a Toyota product, I would like to investigate this for you and to help. You can contact me through any of the phone numbers or email address listed on my web site at www.stephengorey.com.Law Office of Stephen Goreyhttp://www.blogger.com/profile/12464249648164288311noreply@blogger.comtag:blogger.com,1999:blog-2165973754578816910.post-80084182392694025662010-03-03T21:17:00.000-08:002010-03-03T21:54:39.240-08:00Swimming Pool Safety TipsDear Readers - Recently we completed a 7-segment video series on pool safety. A sample segment is included below. You can view the entire series by following this link: <a href="http://www.youtube.com/poolsafetytips">www.youtube.com/poolsafetytips</a> - Special thanks to Pool Safety Mom Mary Ann Downing for her invaluable help with this series. <br />
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<object height="270" width="400"><param name="movie" value="http://www.youtube.com/v/zndKDgid5wE&hl=en_US&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/zndKDgid5wE&hl=en_US&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="400" height="279"></embed></object>Law Office of Stephen Goreyhttp://www.blogger.com/profile/12464249648164288311noreply@blogger.comtag:blogger.com,1999:blog-2165973754578816910.post-23778248831504599372010-03-03T20:29:00.001-08:002010-03-03T20:32:01.100-08:00Sidewalk Accident<div class="separator" style="clear: both; text-align: center;"><a href="http://3.bp.blogspot.com/_bOVE8efFJHw/S483CGnZd7I/AAAAAAAAAF8/plvoPuEzOPw/s1600-h/sidewalkphotos.png" imageanchor="1" style="clear: right; cssfloat: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="107" kt="true" src="http://3.bp.blogspot.com/_bOVE8efFJHw/S483CGnZd7I/AAAAAAAAAF8/plvoPuEzOPw/s400/sidewalkphotos.png" width="400" /></a></div>Who is responsible when a broken or otherwise dangerous sidewalk causes a serious fall? You might be surprised to learn that the adjacent land owner might be partially or totally responsible.<br />
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Portions of sidewalks are sometimes pushed up enough to create a tripping hazard when tree roots force up a concrete slab. The owner of that tree has a duty to keep his or her trees from creating such hazards and should arrange to have the sidewalk fixed. Often, a city will have an ordinance under which it will pay for part of the repair if notified before an accident takes place, whereas if notified after an accident the city will repair the sidewalk and send the homeowner a bill for the full repair charges.<br />
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Irrigation water or lawn watering that spills across sidewalks and allows slippery moss to grow on the walkway is another typical problem that will render a landowner responsible for accidents.<br />
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Most often, municipalities and landowners are “jointly responsible” for sidewalk safety and the victim will bring a claim against both at the same time. The city and the home owner will then negotiate between themselves the amount that each will contribute to a settlement. <br />
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The three arguments that municipalities and landowners most often raise against such a claim is either (1) the defect in the sidewalk was so “open and obvious” that the only way an accident could occur would be if the pedestrian was not exercising reasonable care for his or her own safety, or (2) the defect in the sidewalk was so trivial that an ordinary pedestrian would not have fallen, or (3) the description of the fall, such as whether the leg “flew out” or “buckled under” is not consistent with the type of accident described by the victim.<br />
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“Open and obvious” dangers are not a defense where the pedestrian does not have a reasonable alternative route to avoid the problem. <br />
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“Trivial defects” are generally changes in sidewalk elevations (raised slabs) under 3/4 of an inch. However, such defects can still cause liability in certain circumstances. For example, in areas known to be frequented by children, such as near schools, where skateboarding is common, even a ½ inch raise or less can result in predictable and serious injuries.<br />
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Consistency of complaints with the mechanism of injury generally requires the use of an expert in falls. These experts usually have degrees in safety engineering and sometimes in bio-mechanics, but all such competent experts have extensive experience in the science of how and why people fall and what injuries can be expected as a result of different traumas.<br />
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Municipalities and landowners have a duty of reasonable inspection and subsequent repair or warning, depending on the nature of the hazard. Where this duty is breached and an accident occurs, the victim has a possible lawsuit and should seek immediate representation by a good attorney who will (1) quickly have the area of the fall photographed and measured to preserve evidence as the walkway will usually be quickly repaired after a claim is filed, (2) preserve the victim’s shoes to show that the pedestrian was walking in a normal and responsible manner with due care for his or her own safety, and (3) make certain that the victim properly explains to his or her doctors the exact manner in which the body moved during the fall in conformity with the type of slip or trip.Law Office of Stephen Goreyhttp://www.blogger.com/profile/12464249648164288311noreply@blogger.comtag:blogger.com,1999:blog-2165973754578816910.post-73875207323915494602010-03-03T20:10:00.000-08:002010-03-03T20:36:57.145-08:00How Fast Should I Settle My Case?<div align="right" class="separator" style="clear: both; text-align: center;"><a href="http://4.bp.blogspot.com/_bOVE8efFJHw/S484uq8AdfI/AAAAAAAAAGE/IuUfqOglu8g/s1600-h/gavel.png" imageanchor="1" style="clear: right; cssfloat: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" kt="true" src="http://4.bp.blogspot.com/_bOVE8efFJHw/S484uq8AdfI/AAAAAAAAAGE/IuUfqOglu8g/s320/gavel.png" /></a></div>There is an old expression in the law: “You can only go to the well one time.” This means that when you settle you cannot come back later and say “My condition is worse than we thought it would be. Pay me more.” It also means that you will not be able to settle your personal injury case or your medical malpractice case and “leave the medicals open” (to pay your doctor bills in the future as you get billed). <br />
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How then do you get compensated for future problems you may encounter with your health and in your life?<br />
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The answer is that your lawyer must hire experts in various fields who can make reasonable predictions about your future. In the field of health, this will mean doctors skilled in the specialty of your post-accident condition: someone who can testify based on scientific studies and his or her own education, training and experience in treating people with your condition. In the field of lost wages, this means a vocational expert: someone who can testify as to the types of jobs available to someone of your age, education, work experience (transferable skills) and level and type of impairments. In the field of economic losses, this means an economist who can predict what types of job benefits, raises, employer provided insurance and bonuses, career advancement opportunities and similar job related benefits would probably come to you over the course of your life. The economist would also often be asked to predict the future value of the dollar in order to determine how many of today’s dollars it will take to compensate for the loss of those future dollars (which might be worth more or less in the future, depending on inflation).<br />
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These estimates can only be made once your physical and mental injuries are fully known.<br />
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Let’s take an example of this concept. Assume someone is hit from the rear in an automobile accident. At the scene, the victim feels some stiffness and the next morning wakes up with neck pain. Typically, x-rays will be taken and physical therapy initiated. Major relief might be accomplished in two to three months. However, what happens if the victim settles at this point and a few months later severe pain in the neck running down into the arm signals that a disk in the neck was weakened in the accident and didn’t show up on a simple x-ray? Months or years and perhaps permanent injury might be the result and if the settlement was made too early and the victim will not have been properly compensated.<br />
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Unfortunately, we have all seen articles about “churn and burn” businesses that promise “quick settlement of your claim” without also advertising that this can carry some very real hazards. <br />
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Patience and preparation are the keys to full compensation. Reputable law firms will gladly set up your file, advise you as to how to protect your rights, make suggestions as to doctors known for their skills in the area of your injury, and help you avoid some of the common pitfalls in the early stages of a claim, all without charge unless there is a recovery for you at the end of the case.<br />
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The proper start to a case requires a good attorney and the wise accident victim will hire one as soon after an accident as possible to begin building the case with care and patience.Law Office of Stephen Goreyhttp://www.blogger.com/profile/12464249648164288311noreply@blogger.comtag:blogger.com,1999:blog-2165973754578816910.post-12078947507799787942009-11-17T20:31:00.000-08:002009-11-17T20:32:39.359-08:00Dog Bite Attacks<div class="separator" style="clear: both; text-align: left;"><a href="http://1.bp.blogspot.com/_bOVE8efFJHw/SwN41KXfAlI/AAAAAAAAAFs/qbptTauD6GI/s1600/dogbite.JPG" imageanchor="1" style="clear: right; cssfloat: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" src="http://1.bp.blogspot.com/_bOVE8efFJHw/SwN41KXfAlI/AAAAAAAAAFs/qbptTauD6GI/s200/dogbite.JPG" yr="true" /></a>There is something particularly terrifying about being attacked by a dog. Psychologists explain it as part of our DNA which has probably been part of human nature since humans first walked the earth. <br />
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Children in particular suffer long lasting trauma from “being attacked by a wild beast.” The noise, the animal’s hostility and very apparent intention to inflict great harm or even death, the built-in flight response, the overwhelming terror, all contribute to the creation of severe emotional distress. In both children and adults this often results in a Post Traumatic Stress Disorder with disruptions in memory and concentration, startle responses, avoidance responses, night terrors (children), nightmares (children and adults), as well as terrifying flash backs.<br />
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Scarring is inevitable except in the most minimal of bites and fixing the scar usually requires plastic surgery.<br />
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Who pays for this?<br />
<br />
In Arizona, the dog’s owner and anyone else who has the right to control the dog’s ability to come into contact with people, for example a tenant dog owner and a landlord who knows about the dog, are strictly liable in the first year after the bite. Being strictly liable means that the dog’s owner (custodian) cannot escape responsibility for paying damages by arguing that the dog never bit anyone before, or is a “good dog,” etc. Responsibility is absolute as long as the law suit for the bite is filed in the proper court within one year of the date of the attack. If the one year time limit is missed, then a lawsuit filed between year one and year two after the attack must be based on the negligence of the owner (custodian). This is tougher. Now the victim must prove that the owner or custodian knew or should have known of the dog’s tendency to bite and must have been negligent in allowing the dog to come into contact with the victim.<br />
<br />
Letter carriers (postmen) and delivery people such as UPS or FedEx drivers, are sometimes bitten on the job. Anyone bitten on the job has two claims. One is for worker’s compensation and the second is a civil lawsuit for damages against the dog’s owner or custodian.<br />
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Proving the amount of damages in order to be fully compensated often requires the services of an attorney. The first reason is that finding insurance is sometimes tricky. The dog owner might not want to admit that he or she carries homeowner’s insurance. Even if such a policy is found, it must be read carefully, along with any “insurance rider’s” to figure out if dog bites are covered. The second reason is that evidence of damages has to be acquired. The attorney may have to send the client to a psychologist and to a plastic surgeon to obtain a report that will estimate the amount of money that it will take to restore the victim to “pre-bite” physical and emotional health. Pain and suffering has to be calculated, as discussed in another blog I wrote on this subject. Third, the statute of limitations, which is the time in which a lawsuit must be brought, has to watched and conformed with. Finally, the attorney has to make certain that the victim is not wrongly accused of bringing on the attack by teasing or inciting the dog.<br />
<br />
I have been handling these cases for many years due to my long service to union members who have to deal with the threat of bites on a daily basis, such as members of the National Association of Letter Carriers (postmen) and Teamsters (UPS Drivers).<br />
<br />
I would be happy to answer any of your questions on this subject and to help you evaluate your claim.Law Office of Stephen Goreyhttp://www.blogger.com/profile/12464249648164288311noreply@blogger.comtag:blogger.com,1999:blog-2165973754578816910.post-30241578589567999122009-11-12T17:12:00.000-08:002009-11-12T17:15:54.153-08:00Fair Compensation Following an Accident<strong>Question to Attorney Stephen Gorey:</strong> <br />
<div class="separator" style="clear: both; text-align: center;"><a href="http://4.bp.blogspot.com/_bOVE8efFJHw/SvyybQ_QbJI/AAAAAAAAAFc/5QbD3FUpRS0/s1600-h/car+accident.JPG" imageanchor="1" style="clear: right; cssfloat: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" sr="true" src="http://4.bp.blogspot.com/_bOVE8efFJHw/SvyybQ_QbJI/AAAAAAAAAFc/5QbD3FUpRS0/s200/car+accident.JPG" /></a><br />
</div><em>Following an auto accident, what steps should be taken if the 'at fault' party's insurance company proposes a settlement?</em><br />
<br />
The answer to your question depends on what you lost.<br />
<br />
You can probably negotiate without a lawyer if the accident only involved damage to your car and the insurance company is offering to fix it or to replace it for what it is worth.<br />
<br />
The same is true if your injuries were very minor, such as one or two days of minor pain. On the other hand, you are probably going to need the advice of a good personal injury lawyer if your losses go beyond these easily fixed problems.<br />
<br />
Why? Because in order to know if you are being offered a fair settlement you have to add up all of the things that were taken away from you in the accident. <br />
<br />
In an accident, it is possible to lose more than just your car and some minor medical bills. If you have been seriously hurt, another thing that has been taken away from you is your health. Before the accident, you had pain free days or disability free days. You were able to go where you wanted in comfort and do what you wanted without problems. You were able to sleep well and get up feeling good about yourself. You get the idea.<br />
<br />
Here is a legally recognized list that judges instruct juries to take into consideration when someone has personal injuries. This jury instruction is entitled “Measure of Damages” and the judge fills in everything in the brackets [.....] and then reads this to the jury at the end of the trial.<br />
<br />
“If you find [any] [name of defendant] liable to [name of plaintiff], you must then decide the full amount of money that will reasonably and fairly compensate [name of plaintiff] for each of the following elements of damages proved by the evidence to have resulted from the fault of [any] [name of defendant] [party][person]:<br />
<br />
1. The nature, extent and duration of the injury;<br />
<br />
2. The pain, discomfort, suffering, disability, disfigurement, and anxiety already experienced, and reasonably probable to be experienced in the future as a result of the injury.<br />
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3. Reasonable expenses of necessary medical care, treatment, and services rendered, and reasonably probable to be incurred in the future.<br />
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4. Lost earnings to date, and any decrease in earning power or capacity in the future.<br />
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5. Loss of love, care, affection, companionship, and other pleasures of the [marital][family] relationship.<br />
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6. Loss of enjoyment of life, that is, the participation in life’s activities to the quality and extent normally enjoyed before the injury.”<br />
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This is quite a list and it takes a very experienced attorney to correctly interpret this instruction and explain it to a jury.<br />
<br />
Now, you are going to be a jury member for a little while and I am going to explain it to you. I am going to go through the instruction with you and explain the key words so that you can understand it.<br />
<br />
Here is the instruction again with the key words in the beginning of the instruction put in capital letters and bolded.<br />
<br />
“If you find [any] [name of defendant] liable to [name of plaintiff], you must then decide the FULL AMOUNT of money that will reasonably and fairly compensate [name of plaintiff] FOR EACH of the following elements of damages proved by the evidence to have resulted from the fault of [any] [name of defendant] [party][person]:”<br />
<br />
What is the “full amount” “for each” element of damages? This means that you need to put a number of dollars for each of the losses suffered in as a result of the defendant’s (bad guy’s) negligence. It doesn’t mean “give them something” and it doesn’t mean “give them a little.” It means exactly what it says “give them the full amount” of money necessary to compensate the innocent victim for each and every one of the losses.<br />
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How do you figure that out?<br />
<br />
Well, some of the losses are relatively easy and are usually proved at trial by the lawyer who has hired an expert to be your witness. For instance, for wage losses and future loss of the capability of earning wages the lawyer will probably hire a person who works in the field of vocational rehabilitation and someone who works as a labor market consultant. These are people who have special training and experience that they can use to explain a number to the jury.<br />
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So much for item number 4. Relatively straightforward.<br />
<br />
Item number 3 is also pretty easy. It is easy to know how much medical care ran in the past by getting the doctor and hospital to submit these records. Your doctor or a doctor hired by the lawyer or even a “life care planner” hired by the lawyer can explain to the jury how much medical care will cost going as far into the future as medical care will be needed.<br />
<br />
So much for item number 3. Also relatively straightforward. Now the jury has numbers put on their sheet for those items of damages. But what about numbers 1, 2, 5 and 6? Look at 2 especially. It has a list within the list!<br />
<br />
A doctor can tell us in number 1 what the nature of the injury is, how serious it is and how long it is expected to last, but how do you put a value on it so that you can fill in the amount on your list?<br />
<br />
Begin by thinking about this. After the accident, through no fault of your own, you have been robbed of these things because someone was careless. That person had a duty to act as a reasonable driver who would obey the law and drive carefully and they didn’t. Or that person had a duty to act as a reasonable doctor and treat you up to the standard of care of other doctor’s in your State and didn’t. Or that person had a duty to act as a reasonable store owner and keep aisle’s clean and didn’t. And something has been taken away from you that has to be restored. The law can’t make that person who wrongfully hurt you give you back your health. They can only give you back money.<br />
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The key to understanding how to come up with a rational number is to come up with a rational method of calculation. There are several ways to do this. I am going to give you two.<br />
<br />
<strong>The Daily Method:</strong><br />
<br />
The first method is the “daily” method (per diem method). This method is allowed in some states, Arizona being one of them, and not allowed in others, such as California.<br />
<br />
How are losses, such as pain and suffering experienced in life? They are experienced minute by minute and hour by hour and day by day for as long as they last. Ever had a bad night’s sleep? Remember tossing and turning and thinking you’d give anything for some proper rest? Remember how miserable the next day was? Ever been sick with the flu or have a bout with back pain or a really bad headache? <br />
<br />
After a serious accident, some people have problems like this every day, possibly for the rest of their lives.<br />
<br />
Most hard labor jobs are paid at least minimum wage. The “daily” method says “Assign a dollar figure for hard labor and multiply it times the number of hours the injured person would be awake, times the number of days in their life expectancy.<br />
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Once you have that basic number for a “hard life” you can enter it on the jury list next to number 1. Now go down to item number 2 and use the same method. If a minimum wage doesn’t fit what a reasonable person would be willing to put up with on the job to fit each item in number 2, use a higher figure to start the multiplication.<br />
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Now do the same for number 5. Then do the same for number 6. Finally, add up all the figures and you have your total losses that the law will recognize.<br />
<br />
<strong>The Free Society Method:</strong><br />
<br />
The free society method of figuring damages uses the same tool that any business uses in a rational business model. It is supply and demand. What will a reasonable person pay for this good or for this service? It is the basis for how you earn money or how your company earns money to pay your salary. It is therefore a rational way to put a value on a loss.<br />
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This method has to look at what the injured person, the plaintiff, would pay for certain things, not what you as a jury member would pay.<br />
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Here is something to think about in this regard. If someone has a business or a family to care for and doesn’t have time to do their own fence painting or yard work, they might pay someone else to do it. People are willing to pay other people to do certain things to avoid having to do it themselves. People are also willing to pay to avoid the pain that can come from digging a ditch to put in irrigation lines themselves. I’m sure you get this idea also.<br />
<br />
This method says: “Look at the seriousness of the injuries and the terrible impact on the plaintiff (the victim) and ask yourself what the plaintiff would pay to avoid this pain and these problems.”<br />
However, it is important in this method, just as in the “daily method” to go through each and every item of damages in this consideration and to put a dollar figure by each one. <br />
<br />
<strong>A Final Thought:</strong><br />
<br />
Outside many courtrooms is a statue of a woman with a blind across her eyes and a scale in her hand. This is the statue of justice. She wears a blind because she does not want to know the color, the creed, or anything else about the person. She simply wants to restore the balance.<br />
<br />
Before an accident, the scales of a person’s life are balanced. Afterwards, they are out of balance. Something has been taken away from the victim. Maybe it is money that needs to be paid for medical bills. Maybe it is money that was lost from being out of work after an accident. If so, the scale has to be put back into balance by having the negligent person or negligent company put the same amount of money on the scale to even things back up.<br />
<br />
But there is no way to put back someone’s health and their happiness. Only money can be put back in. Enough money has to be put back in to balance out their suffering. It has to be enough money that the injured person no longer cares that he or she is in so much pain. It is an even swap. <br />
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This is why pain and suffering damages must be high. It is the only fair thing to do in our country which values fairness - fights for fairness - and teaches fairness every day to our children from a perspective of what is right and good.Law Office of Stephen Goreyhttp://www.blogger.com/profile/12464249648164288311noreply@blogger.comtag:blogger.com,1999:blog-2165973754578816910.post-1325359223432340262009-11-11T20:04:00.000-08:002010-03-03T20:53:44.766-08:00Swimming Pool Injuries - The Drowning Accident<div class="separator" style="clear: both; text-align: left;">By Attorney Stephen Gorey</div><div class="separator" style="clear: both; text-align: left;">Click to view our <a href="http://www.youtube.com/poolsafetytips">Pool Safety Video Series</a></div><br />
<strong>An Overview</strong><br />
<br />
<div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;"><a href="http://1.bp.blogspot.com/_bOVE8efFJHw/SvuJe4WEPlI/AAAAAAAAAFM/A4luz0tq8xY/s1600-h/pool+with+floater.JPG" imageanchor="1" style="clear: right; cssfloat: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" sr="true" src="http://1.bp.blogspot.com/_bOVE8efFJHw/SvuJe4WEPlI/AAAAAAAAAFM/A4luz0tq8xY/s200/pool+with+floater.JPG" /></a>The vast majority of injuries in swimming pools happen to children. The death of a child or the terrible consequences of brain damage leave a wake of anguish, guilt, frustration and unending suffering for the parents, grandparents and caregivers of these children.</div><br />
Newspapers, radio and television spots beat a constant drum that these tragedies only happen when parents don’t live up to their role as loving parents. There is simply no escape from the constant reminders and unending heartbreak.<br />
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And the sad part about this assault on the grieving parents is: IT IS SIMPLY NOT TRUE.<br />
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If you have ever been a parent you know that children can be little escape artists, capable of disappearing acts from time to time. If you are not a parent, think back on your own childhood. Chances are you can remember having escaped a parent’s side at some time. No parent can watch a child every second and these accidents can happen in mere seconds.<br />
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For this reason, the law looks differently at the situation. The law recognizes that even the most vigilant parent can lose sight of a child and for that reason the law makes the care of children the duty of society and especially the duty of people and companies that make a profit in the swimming pool industry.<br />
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Everyone in society is charged with looking out for other people’s children in some fashion. We have to slow down in school zones: we don’t simply tell parents they have to hold their child’s hand from home to school door. We have to stop for stopped school buses: we don’t simply tell parents they have to ride the bus themselves with their children. We have to keep dangerous objects such as knives away from the lower shelves in stores: we don’t simply tell parents it is their obligation to hold both of their child’s hands at all times. We have to build hotels with windows that cannot be opened by children: we don’t simply tell parents to make sure their child doesn’t fall to their death.<br />
<br />
It is no different with swimming pools. In the pool industry (the “aquatics industry”), the guiding principle is embodied in the phrase: “LAYERS OF PROTECTION.” Depending on the situation, different people and different companies owe a duty to provide a layer of protection to a child in a pool. The legal principle is that if one layer of protection breaks down, another must be in place to safeguard the swimmer. If that second layer breaks down, then another safeguard must come into play. The number and type of layers of protection depends on the nature of the pool.<br />
<br />
The first line of protection is easy to see. It is the child’s custodian, whether it is a parent, a babysitter, a teacher, etc. It is the various layers of protection beyond that which I want you to know about.<br />
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The following list is very, very brief and I have mentioned only a few of the cases I have handled to give you an idea of this concept. <br />
<br />
<strong>The Backyard Pool</strong><br />
<br />
The owner of a backyard pool is required by law in many cities and in many counties to comply with codes requiring an inner fence around the pool. It is not enough in these areas to simply have a fence around the property. Fences of certain heights with self closing and self latching gates are often required so that children cannot get into the water unattended. <br />
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The designers of backyard pools are accountable to take care that the slope from shallow end to deep end is not too steep. Night lights have to be designed with enough brightness to allow a child in distress to be seen on the bottom of the pool.<br />
<br />
The makers of pool covers are accountable to take care that the cover can be properly anchored in such a way that a small child cannot walk out on it and slip under and drown. For example, I handled a case for a child who walked out on a pool solar cover which gave way and drowned him. The pool cover manufacturer was held largely responsible. The company’s own tests showed that the lack of a way to anchor its cover could lead to such a drowning.<br />
<br />
The companies that sell and construct pools need to take care with the kind of suction filters used so that a child’s hair or limbs can’t get caught and drown them.<br />
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Makers of backyard pool accessories have to make sure that slides aren’t designed in such a way that a child can hit their head and get knocked out as they enter the water.<br />
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Makers of “water wings” and “floaties” need to make it very clear that these are not life preservers and can actually cause danger to small unattended children.<br />
<br />
<strong>The Neighbor’s Pool</strong><br />
<br />
Water attracts children. Child trespassers (picture a toddler getting through a loose board in a neighbor’s fence) need to be protected also. The amount of care that a pool owner must take to child proof the pool will usually depend on the pool owner’s knowledge that a child can get into the pool area. In a case I handled for a child and his mother, a neighbor let his backyard fence get into state of disrepair and a toddler got through a narrow opening while the mother was very briefly in the bathroom. The child walked straight into the neighbor’s unprotected pool and suffered catastrophic brain damage. The neighbor was held largely responsible both for the loose board and for the unprotected pool. <br />
<br />
<strong>The Apartment and Hotel Pool</strong><br />
<br />
Apartments and hotels install pools for one reason and one reason only. It makes them money because vacationers want to use or to sit out by a pool.<br />
<br />
Practically every city and county has codes (laws) governing hotel pool safety. These are simply minimum standards and hotels must go beyond these rules if necessary to make their pools reasonably safe. The violation of one of these city, county or state codes is automatically considered negligence (legally called “negligence per se”) and if the violation caused or contributed to a drowning, the hotel is responsible. This is the “layer of protection” in case the child escapes from the parent (such as when a parent has to take a nap and a child sneaks out to the pool). Just a few examples of the safety precautions hotels typically have to take are fence and gate requirements, pool floor slope restrictions, safety rope requirements, pool deck material requirements to prevent slipping, appropriate warning signs, adequate underwater lights at night, attendants to check the pool for unattended minors.<br />
<br />
Another “layer of protection” involves rescue equipment. These typically include a pole and hook to pull children off the bottom or out of deep water, a pool side telephone to call 911, someone on staff trained in CPR, and in appropriate situations a lifeguard. <br />
<br />
Shortcomings in these areas lead to tragedies. For example, in one case I settled during trial a mother had been taking a nap in a hotel and her children went to the pool without her permission. The hotel’s underwater light was out and in the darkness an older child failed to see his younger brother in distress and the child drowned. The hotel was primarily responsible because the pool should have been locked at dusk to prevent children from entering if the underwater night light wasn’t working. <br />
<br />
Also for example, in another case I handled, an apartment let its self latching gate fall into disrepair. The apartment owner knew of the problem but did not fix it for almost a week and a small child got out of the apartment while his mother was cooking and got into the pool and died. The apartment owner was held responsible.<br />
<br />
<strong>The Community Pool</strong><br />
<br />
Pools such as at a YMCA, a municipal pool or a gated community pool, have much the same duties to provide layers of protection as a hotel, but usually must also provide lifeguards.<br />
<br />
Lifeguards need to be properly trained and equipped and often aren’t. Charged with lifesaving, too often they are 15 or 16 year old teenagers at minimum wage. Even if taught CPR, they are emotionally unprepared for the stress of a true tragic emergency. Community pools that employ unsuitable lifeguards are responsible for those lifeguards’ failures.<br />
<br />
However, even the best lifeguards can lose their concentration if not given procedures by the pool operators to walk every so often, to avoid eye strain, to have enough breaks to avoid boredom and fatigue, and to be positioned so that reflections and deflections of light do not obscure their vision. Chairs need to be set at appropriate heights and at appropriate vantage points.<br />
<br />
<strong>Duties of Water Parks</strong><br />
<br />
The duties of water parks are similar to that of community pools but there are certain dangers that have to be particularly guarded against. The most obvious is that having crowds of people create visual obstacles to seeing a child on the bottom. The training and positioning of lifeguards has to be of the highest caliber. Water clarity has to be maintained so that the bottom is always visible. The bottom of the water park should be a color that makes spotting a child underwater easier to see. Slides have to be constructed in a way that they do not cause injury during use and do not allow sliders to topple on top of each at the bottom.<br />
<br />
Final Note<br />
<br />
These are only a very few of the vast number of situations that can arise and of the duties that the various kinds of pool owners must fulfill. The one concept I hope you take away from this is that pool accidents are rarely the sole fault of a parent. Pools are too dangerous and children are too active to be the sole responsibility of parents. The law recognizes this and justice demands it.Law Office of Stephen Goreyhttp://www.blogger.com/profile/12464249648164288311noreply@blogger.comtag:blogger.com,1999:blog-2165973754578816910.post-78538949435747705332009-11-11T19:45:00.000-08:002010-03-03T20:52:22.884-08:00Swimming Pool Injuries - Diving AccidentsAttorney Stephen Gorey<br />
Click to view our <a href="http://www.youtube.com/poolsafetytips">Pool Safety Video Series</a> <br />
<br />
<div class="separator" style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none; clear: both; text-align: left;"><a href="http://2.bp.blogspot.com/_bOVE8efFJHw/SvuKvyfxpOI/AAAAAAAAAFU/r5eLY_SqkBA/s1600-h/diving+3.JPG" imageanchor="1" style="clear: right; cssfloat: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" sr="true" src="http://2.bp.blogspot.com/_bOVE8efFJHw/SvuKvyfxpOI/AAAAAAAAAFU/r5eLY_SqkBA/s200/diving+3.JPG" /></a>Every year hundreds of people are seriously injured in diving accidents. The vast majority are caused by diving into water that is too shallow for the angle of the dive, resulting in a broken neck (fractured vertebrae). The consequences can be catastrophic, often causing quadriplegia and, if the dive went unnoticed, brain damage or death while the diver lies helplessly paralyzed on the bottom of the pool.</div><br />
Who is at fault in such a situation?<br />
<br />
Legally, it is usually NOT THE DIVER’S FAULT.<br />
<br />
Why is this?<br />
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The reason the law holds others at fault is that the swimming pool industry (swimming pool designers, swimming pool manufacturers, hotels with pools, apartments with pools, community pools, water parks, etc.) have superior knowledge about the mechanics of swimming and diving and the risk of serious injury of these activities, much more than the public.<br />
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Most people do not realize that a teenager runs such a risk diving headfirst from a pool deck at a steep angle into less than 8 feet of water and under no circumstances should dive into water that is less than 6 feet deep (competitive swimmers trained to make a shallow entry being a recognized exception).<br />
<br />
Most people do not realize that a low diving board should not be more that 40 inches above the water and the water for the dive should be at least 9 feet.<br />
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But the swimming pool industry does know this and people and companies who make money off the public by selling them pools or charging them to use pools, directly or as part of the cost of a hotel room or apartment, need to provide warnings that are clear, conspicuous and properly designed to prevent such activities.<br />
<br />
The duty of a pool owner to prevent diving injuries does not stop with putting up a sign that says “No Diving.” Sometimes the pool itself is built wrong. It can have a diving board that is over water that is too shallow. It can have a diving board that is too “springy” and allows divers to get airborne all the way into shallow water. It can have a slope into the deep end that is so steep that it makes diving into water like diving into an underwater wall. It can be mis-marked as to the depth, or have no depth markers at all so that a diver does not realize how shallow the water actually is.<br />
<br />
I had a case in Orange County in which an “upscale apartment” had a designer pool. The pool was gorgeous and water was kept crystal clear. The only problem was that it didn’t just have four sides. It had several curves and angles and at one point you could stand to dive in, look straight ahead and see a 6 foot depth marker, but the water under your feet would only be 3 and a half feet deep. The clarity of the water during the day made the water almost invisible and a swimmer would have an optical illusion at this point. Unfortunately, a man in his early thirties did head first dive from this point thinking he had more water under him than he did and ended up quadriplegic. He died of those complications and I won a judgment at trial for wrongful death on behalf of his children against the corporation that owned this apartment complex. <br />
<br />
While liquor is sometimes involved in people making dives into shallow water, the provider of the liquor is often legally responsible. For example, I represented a young woman who was attending a business party at a resort near Newport Beach, California. The resort was selling liquor and sold this woman enough to get drunk. The pool outside the ballroom was lit at night and very scenic but it was not secured against people the resort sold drinks to from getting into it at night and this woman was too impaired to be able to judge the depth properly. She dove in headfirst and broke her neck, resulting in surgery to fuse her part of her upper spine (cervical fusion). I recovered for her against the resort, in the same way that I would recover against a bar that keeps on serving someone who is intoxicated and gets behind the wheel of a car, injuring my client in a drunk driving accident.<br />
<br />
Small children at water parks dive into all kinds of trouble and come up with broken teeth and facial lacerations. This is often the fault of the establishment in failing to enforce their own rules. An establishment that puts up a “No Diving” sign and then has employees passing by the pool without stopping people who are diving is not in compliance with safety standards well known to the swimming pool industry and can be held liable for this “non-action” (omission). <br />
<br />
The laws regarding swimming pool depths, design, markings, warnings, lifeguards, diving boards, etc., vary from state to state and even county to county. However, the superior knowledge of safety requirements in the swimming pool industry blankets the entire U.S. and the violation of these known safety requirements is often the legal cause of a diver’s injuries.Law Office of Stephen Goreyhttp://www.blogger.com/profile/12464249648164288311noreply@blogger.comtag:blogger.com,1999:blog-2165973754578816910.post-42835211135868667352009-06-26T15:55:00.000-07:002010-06-26T15:55:40.552-07:00<!-- Site Meter --><br />
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