$4 Million Awarded to Woman in Slip and Fall Lawsuit

Dallas Personal Injury Lawyer

Slip and Fall Accident Due To Uncleared Patio of Snow

A woman in Staten Island recently won a substantial slip and fall lawsuitagainst a condominium development.  Loreley Pereya Pollak left her condo at 6pm in order to visit a neighbor. As she left her home she slipped and fell on the steps due to the accumulation of snow and ice leading from her patio to the walkway. Pollak suffered severe back injuries from the fall.

A forensic meteorologist testified that two inches of snow had fallen the day before and that there had been some freezing rain early that day. The combination of the two formed a slippery sheet of ice on the patio. According to the by-laws of the condominium, the home-owner’s association was responsible for clearing snow and ice up to the front doors of the condos. The management association had contracted out the snow removal but the contractor had done a poor job, not even salting or clearing the patio of snow and ice.

Slip and Fall Accident Caused Mrs. Pollak to Suffer From Permanent Disability

Pollak is now permanently disabled and had to undergo surgery after having suffered several spinal fractures from the fall. Doctors state that she will experience chronic pain for the rest of her life and will not be able to do activities like prolonged walking, sitting or standing. The jury awarded her $4 million in damages including $2.6 million for future pain and suffering.  It was decided that the condominium was 75% at fault and the contractor was 25% at fault.

  • Do you think that the damages awarded to the victim were enough in this case?
  • The award is considered large for Staten Island and large for slip and fall cases, but some legal sources stated that it was appropriate given the severity of Pollak’s injuries.
  • Who do you think SHOULD have been held more liable for the slip and fall injury, the condominium or the contractor?
  • Do think that living in an area that was known for snow and ice that Pollak herself was partially responsible for her injuries?
  • Should she have been more aware that the walkway was probably slippery due to the weather conditions?

Pollak and her husband testified that there was ice on their patio and that it had not be cleared, salted or sanded. A neighbor across the street also testified that there was snow on the Pollak’s patio. Should this information change who could be held liable for damages?

Consulting a slip and fall personal injury lawyer will help you understand your legal opportunities. David Glenn, a Dallas Personal Injury Lawyer suggests collecting all possible evidences which can be used to speed up the litigation. Atty. Glenn also offers free consultations and case reviews to the victims of unlikely accidents like slip and fall.

 

 

Vitamin Injection Led to Severe Injury

vitamin injection

Facial Infection Due To Vitamin Injection

For most people a trip to a day spa is relaxing but for Isabel Gonzales her trip ended with a more than a two month stay in the hospital because of a vitamin injection that caused her face to swell. Isabel Gonzales went to the day spa for beauty treatments including vitamin injections into her face. Unfortunately, soon after she left the spa her face began to swell drastically. She went to the hospital where it was determined that her face had become infected following the injections. Isabel Gonzales had paid $900 for the injections only to discover that the person administering the injection was not only not trained or certified to give facial injections but was not even a licensed massage therapist.

The owner of the spa, Viviana Ayala, who also administered the injections, was arrested on charges of aggravated battery and practicing medicine without a license. Doctors are not sure if the disfigurements to Isabel Gonzales’ face following the injections will be permanent, leading to long term consequences following the injections.

Check If the Cosmetic Surgery is Licensed Before Having Vitamin Injections

Cases like these are becoming more prevalent as spas advertise more youth treatments like vitamin injections. Spas and clinics can claim to be associated with a cosmetic surgeon even if that surgeon only shows up to the office once a month. They can even claim that anyone in the office has a cosmetic surgery license because it is rare that anyone actually checks the credentials. This is why it is crucial for anyone who wants to partake in vitamin injections or other cosmetic procedures should make sure the person performing the procedure is licensed to do so.

There are a number of questions to consider in cases of complications following cosmetic procedures.

-Was the person performing the procedure licensed or trained to do so?

-Did the person who received the treatment follow the case instructions given to them?

-Was the person receiving the treatment adequately informed of the risks?

-Were safety measures in place for the patient if something went wrong?

Doctors Advice For Vitamin Injections

In the case of Isabel Gonzales, doctors say her case may be even more heartbreaking because there is little evidence that the vitamin injections she received have any positive effect. She was most likely scammed into an expensive procedure that would not deliver the results she expected. Doctors warn that anyone looking to undergo a medical procedure should make sure to research all the risks and benefits associated with that procedure.

Who do you think SHOULD be held liable in these cases? If a doctor allows a spa to practice medical procedures under their name and only check charts once a week, should they be held liable if any procedure goes wrong? Should the business be held liable or just the individual? If the person does not have a medical license should they be held to medical malpractice standards and caps? If you have a similar case and you are living in Dallas, Texas, don’t hesitate to seek legal advice from Dallas Personal Injury Attorney.

So,do you still want to have vitamin injection?

Train Accident Kills Two and Injures One

Strange Train Accident

In a very strange train accident, the train collided with two individuals who were laying on the track and clipped a third who was lying near the track.  The two individuals who were on the tracks were killed and the third received medical treatment. The woman who survived the attack was able to get to a phone and call the police. Investigators then found the bodies of a 22 year old man and a 17 year old female spread out over 300 feet of track.


The police were at first baffled by what would cause the individuals to sleep on the train tracks. The woman who survived told that she had met the two at a bar the night before and three drove to Laguna Beach. They then drove to Mission Viejo to sleep at a friend’s house, when they could not locate the friend; they decided to sleep in the car. The trio walked down the embankment leading to the tracks. The surviving woman states that she fell asleep close to the tracks around 4:30 am. She was awoken by the oncoming train and tried to get out of the way. She was clipped by the train but still managed to get to a phone and call police around 6:30 am about the train accident.

In this case there was no evidence that the woman who survived or the two who were hit by the train were under the influence of alcohol or drugs. However, even though the police reported that the woman who survived did not seem to be under the influence of any substance, they could not be sure about the others until the toxicology reports came in.

In this train accident case there are a number of legal questions to consider.

-If the engineer did not try to stop or did not see the individuals on the track, can he be held liable?

-If the engineer did try to stop the train and a passenger on the train was injured, who is at fault? Is it the engineer or the people who were laying on the tracks?

-Can the woman who was not on the tracks but close to the tracks sue for damages?

-Was there enough time for the engineer to have stopped the train before it hit the two individuals? Would stopping the train have risked the engineer or individuals on the train?

David Glenn, a personal injury lawyer in Dallas also has his set of questions about this rare incident. Do you think the engineer of the train could be held liable for the physical injuries to the woman and the death of the other two individuals? If a passenger on the train had been injured due to an abrupt stop, who do you think would be held responsible?

What about you? What is your opinion about this sporadic train accident?

Nursing Home Abuse Led Death To A 87-Year Old Woman

Nursing Home Abuse

Nursing Home Abuse Lawsuit Caps

When it comes to nursing home abuse most cases are held to the medical malpractice caps that exist. However, in West Virginia it was ruled that a nursing home had to pay over $90 million in damages after a woman died following mistreatment at a nursing home. This ruling came despite the fact that there is a $500,000 cap on medical malpractice cases. How this case received well over the medical malpractice cap and whether caps on medical malpractice should be allowed are important issues for personal injury attorneys.

 

In this case, Tom Douglas brought his mother to Heartland of Charleston while they waited for space to open up in another nursing home. His mother was 87 and suffering from a variety of health problems including dementia and Alzheimer’s.  The woman was only placed in the nursing home for a few weeks but when she was transferred, she was not only unresponsive but had lost 15 pounds and was severely dehydrated. She passed away just a few weeks later. It was found that she was not given adequate care at Heartland of Charleston, even experiencing injuries to her head after several falls and mouth sores. Experts testified that the woman had been deprived of basic necessities like food and water.

Nursing Home Abuse and Medical Malpractice Cap

There is little doubt that the nursing home was guilty of neglect and liable for damages. But what happened to make this case able to go over the medical malpractice cap? The judge found that the nursing home had been found guilty of several violations in previous years and had even lost Medicare and Medicaid funding after being cited for violations by state inspectors. It was also found that the company deliberately raised their profit margins but not keeping an adequate number of nursing aids on staff. Due to this the judge decided that punitive damages must be high in order for the wealthy company to be punished. To that end the judge awarded $80 million in damages and $11.5 million in compensatory damages.

The case has been contested because the medical malpractice cap is supposed to keep pain and suffering judgments or “punishment” judgments to less than $500,000. However, there are some cases where this cap can be exceeded as is seen in this case.

What do you think? Was the judge right in awarding such a high judgment in this case? Do you agree with medical malpractice caps on pain and suffering? If so, do you think $500,000 is enough?

If you live in Dallas and if you are one of the victims of nursing home abuse; don’t hesitate to seek legal assistance from Dallas personal injury attorney. We will give a legal review of your case. Talk to us at (214) 810-3655 and we will discuss your case on nursing home abuse.

Bus Accident Sends Ten People to the Hospital

Bus Accident in Rio Grande Avenue: The Full Story

A serious bus accident involving two cars and a Lynx bus sent ten people to the hospital. The crash was caused when an 18 year old driving a 1998 Pontiac Grand Am failed to yield at a stop sign. The bus driver tried to maneuver the bus out of the way of the oncoming car but was unable to stop in time. The bus crashed into the Grand Am and pushed the car into the Pontiac of a 61 year old.

The drivers of the cars, a passenger from one car and seven people on the bus were taken to the hospital. The driver of the Grand Am had to be rescued using the Jaws of Life but was expected to recover from her injuries following the crash. While it is the responsibility of the bus driver to safeguard the lives of the passengers on the bus, do you think that the bus driver could be held liable for injuries to the passengers in this case?

When deciding who is liable in bus accident cases, there are several questions that a personal injury attorney would ask:

  • Did the bus driver have enough time to stop before hitting the car that ran the stop sign?
  • What were the circumstances surrounding the crash?
  • How fast was the Grand Am going that prevented the bus driver from being able to react?
  • Who should the driver of the third car hold responsible? The bus driver who pushed another car into her or the driver of the Grand Am?
  • Was anyone ticketed or brought up on charges by the police on the scene?
  • Was everyone on the bus properly seated or secured?

In this case the 18 year old driver of the Grand Am was ticketed for failing to yield at the stop sign. There were no charges brought up against the bus driver in this case.

  • What damages do you think the driver of the Grand Am should be held responsible for?
  • Can the driver be responsible for damages to the bus and the other car in addition to the injuries suffered by the people involved?
  • What is your opinion in this case?
  • Do you think it would make a difference if the bus driver did have time to stop, even though the driver of the Grand Am did not stop?
  • Is the driver solely responsible for the bus accident?

The Glenn Law Firm Gives Free Consultation for Bus Accident Victims in Dallas, Texas

Dallas personal injury attorney offers free legal reviews on any personal injury cases. Call (214) 810-3655 and we will help you recover  a just and fair financial settlement. The Glenn Law firm handles different personal injury cases including bus accidents.

Defective Door Lock: Who’s Responsible?

defective door lock

Always Check For Defective Door Lock

When it comes to renting a property or vacation home, one of the things that you have to do is to check if there is no defective door lock. These are small things that would lead to bigger problems when left unattended.

Here is a news story in 2010 where a family was renting a vacation home and ended with the two year old drowning in the pool.

The family felt that they were not adequately warned of the potential dangers of the rental home and sued the people who rented them the home. They were staying at the home and the two year old was sleeping in the parents’ bed. When the two year old awoke at 7:30, the mother gave her a bottle and then went back to bed, leaving the toddler to watch cartoons. The rest of the family packed bags and prepared for a day at the beach.

When the two year old went to wake the other children in the home, she never returned. Leaving another family member to search for the child, where she was found face down in the pool. The child was revived and rushed to a hospital but she was declared brain dead five days later. The family thought that the homeowners (who had rented out the home as a favor) were responsible for not adequately protecting the pool for children.

Defective door lock costs a child’s death.

The construction of the home predated regulations that required pool fences and door alarms. The family also found that there is a defective door lock from the bathroom to the pool (the parents had made sure to lock all doors leading outside), and therefore allowed the child out to the pool. The parents were not aware that there was any way for their child to get outside the home, and blamed the homeowners for not fixing the broken lock or letting them know the lock was broken.

This story has numerous issues that would involve more investigation by a personal injury attorney:

  • Was the child adequately supervised?
  • Was it against the law for renters to not be informed of that defect?
  • Did the parents adequately protect their children from the pool?
  • Were all laws regarding pools and renting followed by the home owners?

The investigation found that there was no neglect in this case. What do you think? Who was more responsible for the death of the child? Do you think the homeowner is obligated to follow updated codes regarding pool fences and pool safety?

Should the parents have better supervised the child or was the homeowner responsible for not fixing the defective door lock?

If you are in Dallas-Fort Worth area and you experience the same unfortunate incident, call a personal injury lawyer in Dallas at  (214) 810-365 for a  free assessment of your case.

Bicyclists hit by Underage Drunk Driver

bicyclists

Bicyclists Critically Damaged By A Drunk Driver

Dallas Brain Injury LawyerIn a tragic case involving several bicyclists and one teen who is a drunk driver, two bicyclists were struck by a car. Several bicyclists were riding together when the car driven by a drunk 19 year old approached the group of cyclists. The cyclists had little time to relax and two were struck by the car at 55 miles per hour. One cyclist was severely injured, spending months and months in therapy. In fact, the bicyclist was still unable to hear to speak months after the accident and had to be under 24 hour care.

The 19 year old who was driving the car (along with four friends) tested at 0.15 and was taken into custody. This was not the first time that the teen had been in an accident while driving drunk but no significant charges had been brought in the previous case.

Bicyclist sued the drunk driver and other four girls.

The bicyclist eventually took the drunk driver to court for damages, but also tried to sue the other girls in the car. The reason why he tried to sue the other girls was due to a very narrow California state law. The law states that someone who gives alcohol to a minor in their home can then be held liable for any injuries that occur from the actions of the minor while drunk. The other four girls in the car had supplied the teen with alcohol despite her history with drunk driving and knowing that the girl would be driving.

The lawsuit found that the other girls could not be held liable because the teen was not given alcohol in the home of someone who was of age.  Do you think that this law should be changed to reflect that anyone who knowingly gives alcohol to a minor should be held liable for whatever damages or injuries that occur as a result?

In this case there are several things that a Dallas personal injury attorney would question before bringing this case to trial.

  • Is there a history of the teen driving drunk?

In this case, there were reports that the teen had previously destroyed a car while driving drunk.

  • Who had the right of way?
  • Were the bicyclists following a predetermined path that was marked and alerted drivers of the potential for bicyclists?
  • Was the car obeying the speed limit or other rules of the road?
  • How did the teen get the alcohol?
  • Who knew that the teenager was drunk and getting behind the wheel of a car?
  • What is your opinion in this case?

Do you think that the girls who supplied the drunk driver with alcohol and then allowed her to drive should also be held liable for damages to the bicyclist?

Who Should Be Held Responsible For The Gun Shooting?

Gun shooting

Son’s Gun Shooting Questions Mom’s Negligence

In one of the strangest cases to come out this year, a mother may be facing charges following her son’s gun shooting. In an event caught entirely on a security camera in the home, her 14 year old son was shot by a house guest. Apparently the house guest was playing a game in which he was following the son’s movements with a pistol, when the gun went off and shot the son in the leg. The incident happened at 6:30pm on Tuesday, but it was not until 2 A.M. on Wednesday that the mother brought her son to the hospital.

What took the mother so long to seek medical help for her son after the gun shooting?

She was searching “gunshot wound” on WebMD. Her failure to seek immediate treatment for her son led to him suffering for seven hours before she eventually brought him to a medical center (he was later transferred to another hospital). The house guest who shot the son is facing criminal charges and criminal charges were brought against the mother as well, for failing to get her son medical treatment in a timely manner.

This situation raises several questions for lawyers including David Glenn, Personal Injury Attorney in Dallas Texas. Who can be held liable in this situation? Obviously the person who committed the shooting is held liable, but can compensation also be brought against the mother? By waiting so long to seek medical help, the mother prolonged her son’s suffering and potentially made the injury worse. Can a separate personal injury case be brought against the mother and what damages could be recovered, especially if the son had already brought the shooter to trial for compensation?

Gun Shooting: A Part of A Game?

The house guest alleges that the shooting was an accident and that it was all part of a game. If the gun malfunctioned and misfired, could the gun manufacturer be brought to trial? Does it matter that the person was playing a “game” that involved following a minor’s movements with a loaded weapon? Is it the responsibility of the gun owner to always practice gun safety so therefore even in the case of a misfire the shooter would be held liable, or is there a reasonable expectation that the “game” was safe if the gun functioned properly?

What is your opinion on this case? Who is responsible for paying damages to the son?

- The Shooter

- The Mother

If the shooting was the result of a gun malfunction (there is currently no evidence to suggest this in this case however), would the gun manufacturer be liable even if the gun owner was not following proper safety methods?

What’s your stand on this strange gun shooting?

 

Is The Driver Always At Fault On Bicycling Accidents

bicycling accident

Bicycling Accidents: Who’s To Blame?

Often when you see a news story about bicycling accidents, you know the outcome is not going to be good. Most people will also assume that the driver was negligent in watching the road and did not see the bicyclist. However, what about cases where the bicyclist could have been in the wrong? Is the driver of the car still liable because they hit the bicyclist?

A 24 year old was killed while making a U-turn across a two lane country road on his bicycle. As he attempted the U-turn he was struck by a car and declared dead at the scene. Did the bicyclist have the right away? Reports show that the bicyclist was practicing for a race that would take place on that same stretch of road. The road is also very often deserted with few cars, especially at the time when the cyclist was making the U-Turn.

Therefore, if the cyclist did not stop or slow down before making the U-Turn, therefore giving cars ample time to see him and know that he was going to attempt the U-turn, is the driver of the car at fault? Can the driver be brought up on charges if the cyclist started the U-turn without checking to ensure that traffic was clear before doing so? In that case the drive would likely not have had the time to react before hitting the bicyclist.

On the other hand, if the driver was distracted either through a phone or other device is the liability entirely on the driver? Does it matter if the bicyclist did not have the right of way? What if the driver was speeding, does that change who is at fault, even if the driver had right of way?

Issues for Personal Injury Attorneys Dealing with Bicycling Accidents

  • Who had the right of way?
  • Was the driver distracted?
  • Was the driver obeying the speed limit?
  • Was the driver aware of the bicyclist on the road before the accident occurred?
  • Did the bicyclist practice road safety and ensure that they were adequately visible to cars?
  • Did the bicyclist signal their intentions before turning across the road?

In the case above the deserted country road meant that there were no witnesses to the event. The driver did stay at the scene and they were treated for injuries at the hospital. What do you think? Can the driver of the car be held liable if they had the right of way? What if the driver was distracted or speeding? If you are from Texas and you encounter bicycling accidents, I would encourage you to talk to a Dallas Personal Injury Lawyer to have address all your concerns regarding your case.

So, who’s really to blame for bicycling accidents?

Insurance Companies Lament Dog Bite Claims

dog growling

Dog Bite Claims

A recent ABC News Dog Bite Report discusses the Big Bite Insurance companies are incurring from Dog Bite Claims. When it comes to having a dog, they are often seen as loyal and friendly companions. Most people treat their dogs as members of the family and never think about their beloved pet attacking anyone. But insurance companies have reported that last year dog bites cost them nearly half a billion dollars in claims. This means that the price of owning a dog may not only come with expenses of caring for your dog but the expense of rising home insurance costs. dog growling

Right now dog bites account for 33% of all home-owners’ insurance liability claims with the number of dog bites reaching higher than 16,500 last year. These numbers are staggering considering that the number one victim of dog bites are children, next comes the elderly and third comes postal carriers. More than 2 million children are bitten each year by dogs and most of these come from dogs that the children know.

  • What does this mean for dog owners and for victims of dog bites?
  • Who is really responsible and does a dog bite claim mean that home-owners insurance will go up?

Surprisingly several home-owners insurance companies state that they will not automatically raise rates following a dog bite claim, but if an investigation proves that the owner was negligent in preventing the bite, the rates may go up.

WHO’s RESPONSIBLE FOR DOG BITES?

How do you know if your dog will bite someone and what steps should you take to prevent such an occurrence? The USPS put out recent “Any Dog Can Bite” report.
The biggest thing to remember is to never leave young children alone with a dog, even if it gets along with children and has never been aggressive. Even the friendliest dog can be caught off-guard by the antics of a small child and will react on instinct and bite. The costliest insurance claims come from children who were bitten and required re-constructive surgery.  This includes family pets attacking children and children being attacked by a stranger’s dog (such as one left tied up outside a store).

  1. So where does the responsibility lie in dog bites?
  2. Does it lie with the child who should not have gone near an unfamiliar dog or does it rest with the owner who should not have left their dog unattended?
  3. Should pet owners be forced to pay for pain and suffering in dog bites when their dog has no history of aggression?
  4. Should parents be held accountable for leaving young children alone with a dog?
  5. What’s Your Opinion?
  6. How liable should dog owners be when their dog bites someone?
  7. Does it matter if the dog was provoked?

In the US alone it’s estimated that 2% or about 4.5 to 4.7 million people are bitten by dogs each year.  People living in Texas are encouraged to speak with a Dallas personal injury attorney to get their legal questions answered. Unfortunately, since approx. 50% of dog bites are from family pets, it becomes very emotional because dogs have become a part of the American family. Seeing a family pet euthanized because of a dog bite or attack is often times traumatic for the dogs family as well.

WHAT’S YOUR PERSONAL OR LEGAL OPINION ON DOG BITES?

The Dangerous Consequences of Gun Culture and Children

How Do We Make Our Children Safer Around Guns

There have been several instances in the news of young children accidentally injuring or wounding other children with guns found in the home. Recently a five year old made national news when he accidentally killed his two years old sister. The boy grabbed the rifle that he had received for his birthday and reportedly fired the gun before he realized it. The parents believed that the gun was kept in a safe place, it had a child safety lock and it was a single shot rifle. The website where the parents purchased the rifle even listed it as “My First Rifle.”
This tragedy raises numerous questions about the gun culture that exists throughout the United States. While it’s common in some areas for children to learn how to use guns from a young age, is there a limit on what age children should be given guns? If a child is given a gun what responsibility exists for the parent to ensure that proper gun safety is followed at all times? In the case above, the mother reported that she left her children for just a few minutes to go outside. Those few minutes were long enough for the five year old to access the gun and fire it.
Currently there are no laws against what age a child is allowed to have a gun, or laws on when a child can begin to use a gun. There are also no laws that mandate that all guns within a home must be kept locked up, not even in homes with young children.

This raises numerous questions about whom, if anyone is responsible for the death of the two year old. From news reports we know in Tennessee it was LEGAL for the family to own the gun, and for their child to shoot the weapon, but there are other moral and ethical questions to consider.

  1. Are the parents ethically responsible because they allowed their five years old to have a gun.
  2. Are they responsible because they did not secure the gun properly?
  3. Should a gun ever be kept loaded in a household with young children?
  4. Did the parents teach proper gun safety to the child?
  5. Was there a safety lock on the gun and did the child safety lock malfunction?
  6. Where was the gun kept and was the child aware of its location?
  7. How long were the children out of their mother’s sight?
  8. Is it a common occurrence for the mother to leave her young children alone in the home?

What is your personal or legal opinion?

SHOULD or COULD the Parents Be Held Responsible For The Death of Their Child?

People, including children, are accidentally shot and killed or wounded throughout the US every year. It almost seems like an unsolvable problem. People have a right under the constitution to keep and bear arms. A right near and dear to many Americans. The problems is people continue to make life changing mistakes with the handling and safe keeping of guns in and around children and they are sometimes paying with their lives.

Let us know your thoughts. You can also get legal questions concerning gun safety from a Dallas Brain Injury Attorney.

Leave your comments below on whether you believe parents or family members should be held responsible for accidental gun deaths involving their children.

 

 

Bridge Failures On Aging American Roadways

Dallas Roads

Bridge Failures On Aging American Roadways Are Becoming More Common

It seems every week or so we here of more bridge failures in the united States. It’s no secret that our roads and bridges, built fifty years ago, are becoming less and less safe to travel. No one thinks when they leave their home in the morning they may not return because the bridge they’ve been driving over for the last 20 years is going to collapse taking them with it, but that’s exactly what’s happening. Bridges that were originally designed to last 50 years, are now 50 and 60 years old. The systemic problem across the entire US is that massive tax dollars that were suppose to be set aside for repairing our roads and bridges has been systematically siphoned off for one “pet project” or another like a piggy bank for every politician and his brother.

So…Who’s is actually “at fault” when a bridge collapses, and who can be held legally liable if personal injury or wrongful death occurs? Are we  only legally able to lay blame on the “most recent” person or company unfortunate enough to run into the bridge with their truck or ship weakening it enough to “finally” break the camels back so-to-speak. Or is there any way to hold cities and politicians accountable for systematically siphoning off tax dollars earmarked for roadwork, instead having those dollars go to some pet project. Unfortunately it usually takes more than just a few accidents or deaths for a paradigm shift to take place in order to effect real change. Until then we can look for more bad news to come.

Videos of Bridge Failures in America:

Bridge collapse in Washington state blamed on tractor trailer. – CBS News

Repairs to the Sarah Long Bridge in Portsmouth

Video of the 35W Bridge Collapse

Who’s to Blame:

– Cities For “Spending” Tax Dollars Earmarked for Road & Bridge Work On Other Projects

– Trucking Companies For Pressuring Their Drivers To Work To Many Hours

– Shipping Companies For Not Hiring Captains That Know How to Navigate Local Waters

– and More…

Texas is not immune to to these national problems with our Roads & Bridges. Which means when these catastrophic accidents happen, people are going to need to speak with a Dallas Personal Injury Attorney to protect them or their family.

If you have any thoughts or comments on the plight of American Roadways and Bridges, and what can be done to fix the problem, please comment below.

The Dangers of Texting Are Not Just for Drivers

Unintended Consequences of Texting

Smart phone use and texting is sky rocketing worldwide with unintended consequences. Every day distracted cell phone users are putting themselves and others at grave risk for personal injury, many times without out even knowing it. At the outset of this video you can see the mother “seems” to be distracted by “Texting” while waiting for a train to arrive. Her baby, right in front of her, starts rolling off the platform while the mother is otherwise occupied with her cell phone. The babies carriage eventually plunges off the platform and onto the train tracks. Thankfully the infant wound up with just a minor head injury because of quick action by the mother and other onlookers.

This incident should be a wake up call to all of us that the Dangers of Texting are Not Just for Drivers.  It also brings up a number of interesting legal questions as to who was responsible, and whether or not a personal injury case could be brought in this situation.

Here are some immediate legal questions that come to mind:

  • Is there Premises Liability here?
  • Was the mother distracted?
  • Did she have a “reasonable expectation” of safety at the train station?
  • Was the platform built properly and safely?
  • Should there be a reasonable “grade” that sloped down toward the platform possibly allowing for “run off” of rain?
  • If so, should there be any safety measures in place?
  • Where there any “SIGNS” or “WARNINGS” as to slopping grade down toward the train tracks?
  • Is the grade noticeable?
  • Was this the “first” incidence of this kind at any train station in the city?
  • Have there been any complaints about the grade of the platform?
  • Are there any internal memos or emails by employees or others warning about the grade down toward the tracks?

What’s Your Opinion?

COULD or SHOULD a legal case could be brought under these circumstances?

If you have an opinion, leave us a comment whether you’re a law student, public official, concerned citizen, Perry Mason wannabe, or a dallas personal injury lawyer.

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