Sacramento Personal Injury Lawyer - Miscellaneous

Should you worry about throwing a summer party in California

Jessica Grigsby — Tue, 26 Jul 2011 16:11:09 GMT

If you’re someone who enjoys hosting parties at your home, providing food and drink so that your guests have a good time, you should be aware of what is known in California as “social host liability”. Social host liability generally refers to whether or not a host of a party where alcohol is served can potentially be held civilly liable for accidents and injuries caused by someone who became intoxicated at the party. The laws vary by state, and the law recently changed in California, so it’s worthwhile to take a look at it.

When an intoxicated person causes an accident or injury, including car accidents, it is not uncommon for the injured person to sue, and then questions about causation arise: who actually caused the accident to happen? Was it the intoxicated person who chose to drink too much? Or was it also the host who decided to serve alcohol in the first place? Some states’ laws say that the causal chain goes all the way back to the person who served alcohol—the host—and that the injured person can sue the host. But that is not the general rule in California. Here, social hosts who provide alcoholic beverages to people in general cannot be held legally accountable for damages to that person or anyone else that stem from the alcohol consumption.

The one exception to this rule is if a host knowingly serves alcoholic beverages to a minor. Then, the host MAY be subject to liability. Of course, just because it is possible to sue a host doesn’t mean that they will definitely be held liable. The person brining the lawsuit will still have to show to that providing alcohol to the minor is actually what caused the injury or death to occur.

If you are providing your guests with alcohol, it is always best to exercise caution and be a responsible host. Know the people who are attending your party and whether they can legally drink. Keep an eye on your party and on how much alcohol is being consumed. Make sure that intoxicated guests don’t get behind the wheel of a car. Regardless of the potential for civil liability—or even criminal liability, which is a separate issue—you can make sure that your parties and the memories surrounding them are fun.

Demas & Rosenthal remains one of Sacramento’s most highly respected and accomplished personal injury law firms. We’ve been successfully representing clients for almost twenty years. Every Demas & Rosenthal attorney takes great pride in obtaining the full compensation and complete justice owed to every client.

Originally posted at InjuryBoard by Jessica Grigsby

Who is responsible for a dog attack

Jessica Grigsby — Wed, 27 Apr 2011 16:22:49 GMT

Anyone who has been attacked or bitten by a dog understands how frightening and painful of an experience it can be and how it can lead to long-term consequences. Because of the serious nature of dog attacks, it is important to know that a victim does have legal recourse. But, who exactly is responsible for a dog attack?

Generally, if you have been the victim of a dog attack, the person against whom you can seek recovery is the owner of the dog. In fact, the majority of states in the country have statutes that specifically establish owner liability for when their dogs attack, requiring the dog owner to fully compensate a dog attack victim. In these states—which includes California—ownership of the dog is the only thing a victim has to prove in order to recover. This general rule applies so long as the attack happened in a public place or when the victim was legally on the owner’s property.

Unfortunately, for some victims of dog attacks, the owner of the dog is not known. Perhaps the attack happened in a public park or while walking through a neighborhood. In other cases, even if the owner is known, the victim may seek recovery against someone who is not the owner. Under certain circumstances, someone other than the dog’s owner might be held responsible. For example, a landlord or even a homeowners association might be held liable. In cases that do not involve the actual owner of the dog, however, proving liability will often be more complex because it will often involve proving that the person being sued had some prior knowledge of the dog’s viciousness and failed to take adequate steps to prevent an attack from happening.

The Demas & Rosenthal personal injury law firm is not currently representing anyone mentioned in this article at the time it was posted. If you were involved in this incident or a similar incident and have questions as to your legal rights and options, call us or another well recognized and respected personal injury law firm. Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best personal injury law firms will provide a free consultation. Demas & Rosenthal will provide a free, confidential consultation to the persons who were not at fault named in this article. The free consultation offer extends to family members as well.

Originally posted at InjuryBoard by Jessica Grigsby

Sports Injury Statistics & Safety

John Demas — Mon, 04 Apr 2011 12:47:39 GMT

Nearly 30 million children and adolescents in the United States participate in youth sports activities. While sports are a great way for children to stay healthy and active while learning valuable life skills, participation is not without its risks. Specifically, each year, more than 3.5 million kids under the age of 14 receive medical treatment for some sports-related injury each year. Knowing a little bit of detail about these injuries and when they occur can help us to prevent their occurrence. In fact, more than half of all sports injuries in children are in fact preventable. So, what does the data tell us about these injuries? Here are some brief sports injury facts:

Overuse injury, which occurs over time from repeated motion, is responsible for nearly half of all sports injuries to middle-and high-school students. Immature bones, insufficient rest after an injury and poor training or conditioning contribute to overuse injuries among children.
Most organized sports related injuries (62 percent) occur during practices rather than games. Despite this fact, a third of parents often do not take the same safety precautions during their child's practices as they would for a game.
Injuries associated with participation in sports and recreational activities account for 21 percent of all traumatic brain injuries among children in the United States.
Children ages 5 to 14 account for nearly 40 percent of all sports-related injuries treated in hospital emergency departments. The rate and severity of sports-related injury increases with a child's age.

The good news behind these statistics is that everyone involved in youth sports—coaches, athletes, parents and even spectators—can help to prevent them. If you have children who participate in youth sports, as a parent you can: take a proactive stance by educating yourself on the safety issues specific to your children’s chosen sports and then insist that precautions be put in place; encourage your children to engage in diverse sports activities to guard against overuse; ensure the organizers of your children’s activities have policies in place to ensure safe play.

If you’ve signed up to coach a youth sports team, some safety tips to keep in mind are: maintaining emergency contact information and medical release forms for your players; preparing for emergencies by having a first aid kit on hand; preventing accidents by carefully inspecting playing equipment and facilities; ensuring that the players get plenty of breaks and stay hydrated; and implementing safe habits at competitions and practices.

Originally posted at InjuryBoard by John Demas

Bicycle Injuries and Children

John Demas — Mon, 21 Mar 2011 18:50:12 GMT

With spring already upon us and summer just around the corner, we’re starting to see more and more families getting out bicycles and taking to the streets and sidewalks to enjoy the longer hours of daylight. In fact, the organization Safe Kids, reports that more than 70 percent of children between the ages of 5 and 14 ride a bicycle regularly. It’s great to see kids enjoying some healthy activities outdoors, but there is unfortunately a dangerous side to bicycle riding. While we may all be aware of the risk of bicycle-related injury and even death in a general sense, a closer look at some of the statistics can be quite startling.

For example, data from the National Highway Transportation Association indicates that in 2009, 630 cyclists were killed and 51,000 were injured in accidents that involved a bicycle and a motor vehicle, making up 2% of all motor vehicle traffic fatalities. The majority of these fatalities—70%--occurred in urban areas. And about three-fourths of the fatalities occurred during daylight hours. Cyclists under the age of 16 accounted for 13% of all cyclists killed.

Injury—oftentimes preventable injury—is in fact the leading cause of death among children ages 14 and under and bicycle-related injuries specifically one of the leading causes of childhood morbidity. Looking at data that reveals more specific information, every year, approximately 140 children under the age of 14 are killed in bicycle accidents and another 275,000 children sustain bicycle-related injuries. These statistics mean that, aside from automobiles, bicycles are the cause of more childhood injuries than any other consumer product.

Bicycle accidents involving children—both fatal and nonfatal—generally occur during the warmest months of the year between May and October. The majority (58%) occur at locations other than an intersection and between the hours of 2 – 8 pm.

Spending a little time reviewing the injury statistics for children bikers brings into focus the ongoing need to promote safe bicycling habits at home. These habits include, among other things:

Proper helmet use,
Wearing bright, reflective clothing
Properly adjusting the bicycle to fit the rider
Knowing and following the rules of the road
Keeping children under the age of 10 off the street and confined to sidewalks.

By following some basic rules, you can help ensure that preventable injuries are in fact prevented.

Originally posted at InjuryBoard by John Demas

Dog Bites

John Demas — Thu, 27 Jan 2011 18:53:33 GMT

Dogs can be a man or a woman’s best friend. Dogs provide a companion and perhaps more importantly, they won’t talk back. But not all dogs are quite so loving. Some dogs will bite and those bites can prove dangerous if not properly treated. Two types of wounds can occur from a dog bite. The first is a puncture wound which results when the dog's teeth penetrate the skin. Puncture wounds are very prone to infection. The second is a laceration, which occurs when the dog's teeth penetrate and tear the skin. It is this type of dog bite wound that most often requires stitches. So how do you effectively treat dog bites?

Safety Measures
Following a dog bite you should take the steps described below.

Ensure Your Safety
Make sure and secure the dog or the victim. It is critical to ensure that the victim is not at risk of another attack. Another attack can be avoided by instructing the dog’s owner to restrain the dog, or if that isn’t possible, by moving the victim to another location.

Protective Precautions
If you are not the victim, ensure your own safety as well. Wear personal protective equipment, if available, before approaching the dog.

Control Bleeding
Slow the bleeding by plugging the hole and putting pressure directly on the wound. Gauze pads or terrycloth towels are effective. If the gauze or towel soaks through with blood, add another layer. Never take off the gauze.

Clean the Wound
Once the bleeding has stopped, clean the wound with soap and warm water. Make sure and rinse all the soap away or it will cause irritation later. More comprehensive instructions are available here.

Cover the Wound and Look for Signs of Infection
You should cover the wound with a clean, dry dressing. Antibiotic ointment can be used on the wound. Watch for signs of infection:

· Redness

· Swelling

· Heat

· Weeping puss

Call a Physician
You should speak with your physician to determine if you need to be seen. Some dogs bites will require treatment with antibiotics.

Check for Rabies
An unidentified dogs runs the risk of carrying rabies. If a victim is bit by such a dog, he or she must seek immediate medical attention. Rabies is deadly if untreated.

Stitches
The wound may require stitches. If the wound is on the hand or the face, you should see a physician as scarring and loss of function can occur.

Conclusion
A dog bite is not something to be taken lightly. Dog bites can result in minor injuries or very severe injuries. If a victim contracts rabies, death can occur. As a result, it is critical to know how to treat a wound quickly and effectively. If there is any doubt, a victim should contact his or her physician. Dogs can be playful and loving animals, but they also bite. Victims should not underestimate the danger of a dog bite or the necessary treatment.

Originally posted at InjuryBoard by John Demas

Parents can make a difference!

Jessica Grigsby — Thu, 23 Dec 2010 12:06:52 GMT

Safety campaigns aimed at teaching children good safety habits are everywhere you look these days. They range from promoting seat belt use to teaching bicycle safety to avoiding drugs and alcohol to safe driving habits to name just a few. These efforts underway in schools, community centers, and recreational programs play a vital role in educating our children about how to stay safe and health and avoid falling victim to preventable injury. The most important safety campaign, however, is one that takes place in the home and starts with parents.

We all know that children learn through imitation and parents serve as role models for shaping behavior. In the context of safety practices, children will imitate their parents’ behaviors and practices—whether positive or negative. So, it is important that parents serve as positive role models and set good safety examples through their own behavior.

In 2005, Safe Kids USA released a study that examined the important role that parents play in teaching children safety practices in a variety of activities, including seat belt use, pedestrian safety, and bicycle helmet use, among others. The study revealed that the majority of children do in fact see their parents as role models of safe behavior. In addition, children were more likely to practice safe behaviors—such as wearing seat belts, using a bike helmet, or putting on a life jacket—if the parents also practiced that safe behavior. In addition to leading by example, the study highlighted the importance of parents discussing safety issues with their children. When children perceived a safety issue to be important to their parents, or had discussed it with their parents before, they were more likely to engage in that safe behavior.

Overall, the Safe Kids research, along with our own common sense about how children learn, reveal a few basic things that parents can do in their at home safety campaigns:

Educate yourself about safety practices for activities that you participate in
Use safety campaigns in schools and other activities as opportunities to learn from your children and reinforce what they are learning. Children view themselves as safety role models as well.
Talk to your children about safety practices that are important to you—when children perceive a behavior as important, they are more likely to engage in it.
Lead by example. The “do as I say and not as I do” approach to teaching safety is not nearly as effective as setting a good example through both words and actions.

Originally posted at InjuryBoard by Jessica Grigsby

How Families Can Get Information And Help From The Government

Jessica Grigsby — Fri, 27 Aug 2010 14:05:19 GMT

The Department of Health, through the Center for Disease Control and Prevention is one legitimate source of information for families. Often, the risk in depending on the internet or hearsay from well-meaning family members and friends increases and can be confusing, to say the least.

Knowing what to do and where to go when your child, spouse, or teen is facing a medical crisis could mean the difference between recovery and loss of a limb or faculty. Also, knowing ahead of time what to do can change the outcome by a wide margin. For example, if your child was injured when playing in a sports event, and you rely only on the on court nurse to check your child, you might miss a step in his trauma care.

By downloading the free information on http://wwwn.cdc.gov/pubs/ncipc.aspx, you have provided more protecting through knowledge of basics in health care. You will know that it is vital that your child see a doctor as soon as possible. Internal injuries mean that there is nothing obviously different with your child, and the slight signs can be missed altogether. Many parents will assume since there is no blood, there is no wound. They fail to see that the body can be bleeding inside.

Protecting your family is being aware. Awareness is only good if you procure the right kind of information. The problem besetting the internet today is that so many people have launched websites and provide content in a race to be a top site. Being a top site is the business angle because you get more advertisers, which translate to more income.

Many will automatically assume that once a website looks authoritative, with great graphics and photos, it has the correct information. When dealing with your health and that of your loved ones, take no chances. Verify, verify, verify. By having the CDC forms, and keeping them updated, you can cover all fronts.

It’s a simple process of choosing the information you want and downloading them to your computer. It will probably take less than 30 minutes, depending on the number of forms you want. The choices are numerous, ranging from poisonings, drowning, traumatic impact resulting in brain injuries, road traffic accidents, sports injuries, fire, care for the elderly, bombings, first aid, child stress and sexual abuse, suicide, home violence, and youth violence.

You can build a whole library on what CDC has made available to the public.

The Demas & Rosenthal personal injury law firm is not currently representing anyone mentioned in this article at the time it was posted. If you were involved in this incident or a similar incident and have questions as to your legal rights and options, call us or another well recognized and respected personal injury law firm. Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best personal injury law firms will provide a free consultation. Demas & Rosenthal will provide a free, confidential consultation to the persons who were not at fault named in this article. The free consultation offer extends to family members as well

Originally posted at InjuryBoard by Jessica Grigsby

Drivers v. Bicyclists. Are we friends?

Jessica Grigsby — Wed, 18 Aug 2010 15:50:44 GMT

We’ve all seen the signs telling us to “Share the Road.” It’s a good theory and a great sentiment, but given the number of bicycle/motor-vehicle accidents in the news, it seems it’s not all that simple to put into practice.

I believe that most drivers sincerely want to share the road. But a recent item in the news about a biking fatality gave me pause.

A Pennsylvania man had completed a cross-country trip from Los Angeles to New York on his recumbent bicycle. He was on his way back to his home near Phoenix when he was hit from behind by a pickup truck.

What struck me was not just the tragedy, but some of the 138 comments posted on the TV news website. I’d stumbled upon a niche of road rage that I’d never imagined existed. The remarks started out with insensitivity and devolved into nastiness and name-calling – though rest assured there were many expressions of sympathy for both the victim and the driver of the truck.

The very first comment asked, “Can you idiot cyclists explain to me again why it is a good idea to ride on the roads and not expect to be hit by a car?” The next post answered, “Because it is because of idiots like you who don't watch where you are going!”

These were not the worst comments by far.

A poster from Sacramento gave one of the calmer and more sensible opinions: “Yes, cyclists do have a right to the roads as they are considered a vehicle, but they do have the responsibility to follow the rules of the road and to be predictable.”

It seemed that frustration over the small delay of driving behind bicyclists bubbles over into intense resentment for some people. Comments on a website are one thing, but I suspect that anger is often expressed in aggressive driving. Several comments on the news article indicated that there is resentment on the part of cyclists as well.

Data from the National Highway Traffic Safety Administration (NHTSA) suggests that we are getting better at sharing the road, although perhaps not dramatically so. The number of cyclist fatalities (that includes tricycles and other pedal-powered vehicles) in 2008 was 6 percent lower than the 760 fatalities reported in 1998. By way of historical comparison, the highest number of cyclist fatalities ever recorded was 1,003 in 1975. In 1932, the first year these fatalities were recorded, 350 cyclists were killed.

Both motorists and cyclists must travel with a sense of cooperation and mutual respect. That includes avoiding those feelings of road rage at the slight inconvenience they might pose to each other, and replacing them with tolerance.

And while bicycle riders absolutely must make the effort to learn safe practices, such as the ones in this NHTSA brochure, drivers of motor vehicles would do well to read these biking rules of the road and see things from a bicyclist’s point of view. The California Bicycle Coalition, based in Sacramento, also links to information and courses to teach bike safety.

We all should be aware and considerate of one another on the roadways. When I’ve ridden a bike on the road, this was my strategy: Expect hazards from automobiles and be extremely cautious. And when driving my car, bicycles are one of the things I worry about most. I know that I don’t see them often enough to be expecting them. So here’s my friendly-motorist strategy: Expect a bicycle around every curve.

Demas & Rosenthal remains one of Sacramento’s most highly respected and accomplished personal injury law firms. We’ve been successfully representing clients since our firm first opened its doors back in 1993. Every Demas & Rosenthal attorney takes pride in obtaining the full compensation and complete justice owed to every client.

Originally posted at InjuryBoard by Jessica Grigsby

Dog bites- who is responsible

Jessica Grigsby — Tue, 03 Aug 2010 13:49:07 GMT

Every year thousands of Americans are bitten by animals, dogs in particular. But who is responsible?

Owner Liability for Dog Bites

First and foremost, dog bite statues vary greatly from state to state.

In some states, dogs got “one free bite.” This meant the dog owner had no liability to a person that his dog injured if that was the first time the animal displayed dangerous propensities. After the first bite, the dog owner was required to take reasonable steps to ensure his dog did not injure others. Failure to take such steps could lead to the dog owner being held liable.

However, many states have moved away from the "one free bite rule" and hold owners responsible for any injury, regardless of whether the animal has previously shown aggressive tendencies. This is referred to as "strict liability." Under this theory, even if the owner had no reason to know that his/her animal was dangerous, if the animal was to bite someone, the owner would still be liable. It can be difficult in some cases to determine the owner knew of an animal’s dangerous propensities.

The strict liability rule does offer some protection to dog owners in certain instances as outlined below:

A dog owner is not held liable if a dog bites a trespasser - a person on the property without permission.

If a dog bites the veterinarian treating him, the owner is not held liable.

If the dog bites someone who provoked him (i.e. the owner warned someone to stay away from his dog but the person pokes the dog with a stick).

Some cities and municipalities have tried breed-specific legislation (BSL)—which regulates or bans certain breeds of dogs—as a way to reduce dog bites, although the effectiveness of this type of legislation is often debated.

Other Potential Responsible Parties

Animal owners are not the only people who can be held responsible for animal bites, below are some examples:

Property Owners can be held liable for injuries caused by an animal that the property owner allowed onto his/her property.

Landlords may be liable for animal bite injuries if they knew (or should have known) that a tenant owned a dangerous animal.

Animal Keepers or anyone responsible for the care or custody may be considered an owner or keeper that can be held responsible (i.e. kennels or an animal shelter).

Dog Bite Statistics

According to a survey conducted in 1994 by the Centers for Disease Control and Prevention (CDC), nearly 2% of the U.S. population—about 4.7 million people—are bitten by a dog annually. The vast majority of these bites don’t result in injury, and no medical treatment is sought. About 800,000 individuals, half of them children, seek medical treatment for dog bites.

The AKC has some helpful Tips to Prevent Dog Bites, as does the ASPCA.

A dog bite attack can be a traumatic experience that may cause severe and long-lasting injuries. If you or a loved one is the victim of a dog bite you should seek immediate medical assistance and legal assistance if necessary.

Demas & Rosenthal remains one of Sacramento’s most highly respected and accomplished personal injury law firms. We’ve been successfully representing clients since our firm first opened its doors back in 1993. Every Demas & Rosenthal attorney takes pride in obtaining the full compensation and complete justice owed to every client.

Originally posted at InjuryBoard by Jessica Grigsby

Owner of Improperly Maintained Carnival Ride Blamed for Injuries to Children

Amber Wheat — Tue, 17 Mar 2009 12:13:32 GMT

A while ago, I wrote about the recall of the Yo-Yo carnival ride. Last May twenty-one children were hurt when the ride collapsed at the Calaveras County Fair. Now the owner is being put at fault for a failure to properly maintain the ride.

The manufacturer of the ride issued a recall last October to address some of the issues with these rides. When a product is recalled, more often then not, it is a simple fix and it's on the manufacturers dime. In this instance, all an owner needed to do was request an inspection and repair kit from Chance Rides Manufacturing.

Because the May accident happened before the October recall it was unclear whether the owners of the carnival ride could be blamed. But further investigation found that the ride was not regularly inspected and didn't have the required certifications and documents regarding safety.

California has a very active agency in charge of inspecting carnival rides and making sure that people are safe. Brass Ring Amusements Midway of Fun did not comply with their strict standards and can be placed at fault for this terrible accident.

Coming into spring, there will start to be some fairs and carnivals taking place. The last thing anybody wants to do while having a fun day at the fair is end up in the hospital. If you want to know if specific rides have been known to cause injuries, check out www.rideaccidents.com. The percentage of dangerous rides is actually quite low.

Originally posted at InjuryBoard by Amber Wheat