Sunday, March 15, 2020

Keeping Pets Safe In A Car

Every American innately loves road trips. With the right music, cookies and company, we can drive into the unknown till a beautiful sight draws us in. However, if your pet is this choice company, then you just took on an extra task of ensuring that they stay safe.

There is a sea of possible car hazards to guards against when traveling or running an errand with your pet in the back seat. Don’t stop at packing their chew toys or a warm cuddle blankie for your kitty; ensure you put measures in place to keep hazards at bay. And if you are not certain what exactly you need to do, here are some suggestions.

 

Get a travel crate for pets – there’s no other alternative

You might be a careful driver, but minds still wander from time to time. So it might be unsafe to rely on your skills and instinct. A travel crate helps to keep them in a position throughout the journey and irrespective of their size, there’s always a suitable crate.

While using a crate, tie it down properly either on the floor or back seat to keep them from roaming and also prevent motion sickness.

The front seat is a no for your pet

Truly, every cuddle or playtime with this little cuties is heavenly, but that doesn’t cut it when the front seat is in question. This also means no keeping them on the passenger’s seat. No matter how cautious you usually are, keeping an eye on a pet and the road are mutually exclusive. Even the protective features like the airbag might be the weapon should an accident occur.

Always have a ‘should there be an emergency’ kit within reach

When packing an emergency kit, don’t streamline the list to the kids and you; make arrangement for the pets also. Some of the items that will come in handy are a blanket ( can be used to constrain the pet if need be), antibiotic ointment, proof of rabies shots for dogs, hydrogen peroxide for cleaning of wounds, bandages that specific for pets, cleaning wipes and a cat litter box for those for cat owners. Most of these items (not limited to ones listed) can be gotten from pet stores.

 

When you’ve done the needful to secure your pets properly in the car, then you won’t have to leave them lonely at home when you go on exciting trips – they love it outdoors too.

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Wednesday, March 11, 2020

What You Need To Know About The Schlitterbahn Lawsuit

Schlitterbahn is a waterpark and resort that has been countlessly for negligence since its opening. Schlitterbahn parks are inspected daily before the parks are opened.

 

Schlitterbahn was sued by Linda Stomboly in March 2014. She filed a lawsuit in Wyandotte County District Court. She alleged that she was injured by the park’s King-Kaw attraction while riding it. Her petition showed that her accident resulted in multiple spiral fractures of her tibia and fibula. Schlitterbahn made an offer of $20,000 to settle the case. a month later, It was dismissed suggesting the case was resolved.

Another lawsuit was filed against Schlitterbahn in May 2014 by Robert Boepple. He alleged that he suffered injuries on his spine, back, neck, head, and arm while riding the Boogie Bahn Surfing ride. The case was later dismissed because both parties resolved it to their satisfaction.

 

Furthermore, in august 2014, there was a case by Frances Logan alleging she was injured severely when she was riding an inner tube in the King-Kong river ride with her niece. She claimed the tube overturned and she hit her left foot on a concrete wall. It was unknown if the case was settled on confidential terms.

Schlitterbahn Beach resort management was sued for negligence by Gordon Conover from Harris County. He claimed to have suffered pains, loss of earning capacity and mental anguish due to water slide injury. He had a collision with another person while riding the water slide at the Galveston Island water park in Schlitterbahn. He said the attendant was negligent in allowing riders to slide down without proper separation. The victim seeks attorney fees and monetary relief ranging from $200,000 to $1million.

The Tragic Death in Schlitterbahn

In 2016, An accident that could have been prevented happened in Schlitterbahn which caused the death of a 10-year-old boy; Caleb Schwab Sunday, the son of Scott Schwab, Kansas Representative. He was decapitated on the Verrückt water slide (world’s tallest water slide) of Schlitterbahn Water Park. The slide he was riding went gliding over, hitting a metal pole. Two ladies who were with Caleb In the raft were badly injured. The slide has been permanently shut down. Schlitterbahn settled Caleb’s family with almost $20 million.

 

Schlitterbahn has since been struggling to recover from this huge financial crisis due to the settlement offered to Caleb family and other lawsuit filed against them recently.

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Tuesday, March 10, 2020

Workplace Injuries & Workers Comp Benefits in Brownsville, TX

If you’ve been hurt on the job in Brownsville, you may be eligible for workers’ compensation benefits if your employer carries workers’ compensation insurance. Workers’ compensation provides benefits such as paid medical care to full- and part-time employees who are injured in work-related accidents, regardless of who was at fault. However, Texas does not require businesses to have workers’ compensation insurance, so some do not provide workers’ compensation.

A Brownsville workplace injury attorney can help you understand whether you are eligible for workers’ compensation and can help you appeal a disputed claim. If you are eligible for workers’ compensation, your lawyer will work to make sure that your employer honors its obligation to provide medical care and wage replacement as you receive treatment for a workplace injury.

Common Job Hazards and the Injuries They Cause

If you’ve suffered from one of the following injuries in a Brownsville workplace accident, you may qualify for paid medical treatment and replacement of a portion of your wages through your employer’s workers’ compensation coverage.

Even people in low-risk jobs can fall victim to workplace injuries. Common types of workplace injuries and the hazards that cause them include:

  • Injuries from Slips and Falls: Wet floors can occur in virtually any workplace. If a wet floor is not properly marked, slip-and-fall accidents can occur quickly. Slip-and-fall injuries can result in severe bruising, head injuries, back injuries and broken bones. Many work-related injuries are caused by falls.
  • Motor Vehicle Accident Injuries: People whose jobs require them to drive regularly are at higher risk of being involved in a motor vehicle accident and having crash injuries. Even the safest drivers who obey traffic laws cannot prevent an irresponsible driver from causing an accident. Motor vehicle accidents can cause all types of injuries including whiplash, external and internal bruising, and broken bones. You may be entitled to workers’ compensation for your injuries and also have a right to file a lawsuit against the negligent driver who caused the vehicle accident.
  • Muscle Strain Injuries: Many jobs require people to lift heavy objects. Employees can easily pull muscles with these repetitive motions. Repeated strain of the back and neck can lead to chronic pain problems and more severe injuries in these areas.
  • Injuries Caused by Falling Objects: Objects falling from shelves, ladders, or roofs are accidents that can happen in any workplace. The most common injuries caused by falling objects are head and neck injuries. The force of falling objects can cause cuts, bruises, and even concussions.

How Do I Report My Injury?

If you’ve been hurt on the job in Texas, you can take the following steps to ensure that your bases are covered for pursuing compensation. Firstly, you must report your injury to your workplace within 30 days of the time you were injured, or from the date you discovered that your injury or illness symptoms were a result of your workplace accident.

Next, you must send a completed DWC Form-41, an Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease, to the Texas Department of Insurance. You can complete this form online or mail a completed copy to the following address:

Texas Department of Insurance, Division of Workers’ Compensation 
7551 Metro Center Drive, Suite 100 MS-93
Austin, TX, 78744-1645

You can also fax a completed form to DWC at 512-804-4378. No matter how you choose to send in the DWC Form-41, you can call the Texas Department of Insurance to confirm receipt.

What Are the Benefits of Workers’ Compensation?

In Texas, there are four types of workers’ compensation benefits that you may be eligible to receive as an injured employee:

  • Income Benefits: Income benefits are designed to replace a portion of the wages that you lose by being off work due to your workplace injury or illness. Some cover temporary disabilities while others address long-term impairments. The types of income benefits include temporary income benefits, impairment income benefits, supplemental income benefits, and lifetime income benefits.
  • Medical Benefits: Medical benefits pay for the medical care that you receive to treat your workplace injury or illness.
  • Burial Benefits: In the devastating event that you lose a loved one to a workplace injury or illness, burial benefits can compensate you for some funeral expenses.
  • Death Benefits: Death benefits help families cope with the tragic loss of a loved one to a workplace injury or illness. They do so by replacing some of the income that the family is left without due to the death of a loved one.

Learn more about workers’ compensation benefits and how they may apply in your case. You can speak with our knowledgeable workers’ compensation lawyers online or call us at 361-245-1263.

What is the Process to Get Back to Work?

After a workplace injury, nothing is more important than your health and recovery. You should never return to work until your doctor says you have recovered enough to return to work safely.

Even if you don’t feel 100% ready to return to work, you must return when your doctor approves you or you will risk losing access to workers’ compensation. Keeping all doctor appointments and obeying the doctor’s orders will help you preserve your workers’ compensation rights.

The doctor will monitor your recovery and decide if you should remain completely off of work, return to work with some restrictions, or return to work in full capacity. Pay close attention and follow your doctor’s orders exactly.

Your doctor’s notes will serve to determine your workers’ compensation disability rating. It will be one of the following: temporary total disability, temporary partial disability, permanent total disability, or permanent partial disability. Your rating will help determine your timeline for returning to work, and to what degree you’re able to work.

When you return to work, make sure your workers’ compensation representative and your employer both have copies of your work restriction notes. Don’t try to go above and beyond what the doctor says you’re able to do safely. Doing so can put your eligibility for compensation in jeopardy.

Call Our Trusted Brownsville Workplace Injury Attorneys Today

Navigating workers’ compensation laws can be a complicated task, especially while you are hurt and trying to recover. Let the experienced Brownsville workers’ compensation attorneys of Herrman & Herrman help you pursue the benefits you deserve.

Herrman & Herrman has a proven track record of success in injury cases, and we stay involved in the Texas communities that we serve. For your free consultation, call us at (361) 882-4357 or fill out our callback form online. We have both English- and Spanish-speaking team members for your convenience.

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Sunday, March 8, 2020

I Was Injured While On Private Property, Can I Sue?

Incurring injuries are one of the unpleasant situations that may befall anybody, anywhere. Some may happen in the course of duty or at your home and the treatment it gets is almost predictable or usual. But what happens when an injury happens on another’s private property? Can the owner of the property be sued? Are there compensations awaiting the plaintiff? What are the likely liabilities? These and more are the possible questions flooding your mind and you have the right to know the answers.

Maybe you have been a victim or know one, or you naturally desire to know the circumstances and the changes therein, here lies all the information you need.

Naturally, every homeowner has the responsibility of giving care to his/her guest while playing host to them but for some unforeseen reasons, an injury happens, can the guest sue the host? The answer is “yes” if he/she wishes. Because the law expects utmost care to guests and an injury is treated as negligent and a breach in their pledge of care and duty.

However, there are three classes of visitors and they all have different laws that explain the place of the property owner, how liable he/she is and are not. These three groups are the trespasser, the licensee, and the invitees.

For residential property

The tress passer. This person simply got on your property without your invitation or knowledge. If your property is undergoing some renovation or construction, the law expects you to alert everyone with a “caution sign.” If a trespasser gets injured, he/she cannot sue you because you are not responsible for his safety.

When an invitee gets on a property, he/she comes for business-related cause, if the owner informs him/her of the threatening situation, any injury suffered later cannot be sued.

The licensee, he/she is here on a non-business linked cause and if they have been notified by the property owner of the unsafe situation, the house owner cannot also be sued.

 

For commercial property, what you should know.

Here the law expects business owners to take extra steps in making sure their business environment is comfortable and safe for clients and customers. How? By double-checking on the workability of all appliances, non-slippery floors, and general precautionary measures.

If the property is undergoing some repairs, “caution signs” must be strategically placed to alert everyone, but when an injury is sustained the business owner is liable for suing.

For children. For any child that strays or trespasses into one’s private property and gets hurt, the “Attractive Nuisance Law” requires that property owners will pay compensation. This is so because children are unable to understand the dangers lurking in some private property even when a caution sign is displayed.

Injury legal suits can be a tad tricky particularly when it borders on private properties, this makes knowing the likely cases and chances for suing and compensation necessary. For anyone looking up for information or a guide to guard his/her business or self, here is the help you’ve been waiting for.

 

 

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Friday, March 6, 2020

Port Aransas, Texas: Spring Break Safety

Port Aransas is a very popular beach not just known for its warm water and relaxing air but that it’s a major spot for spring breakers; most of which are high school students. Every spring break, the beach is packed with thousands of high school and college students drinking too much beer and doing crazy things. Before now, the Port Aransas Police only sent a hand full of officers to make sure things didn’t go overboard. Now, Port Aransas spring breakers are known for going overboard. This has called for more spring break safety measures from the Port Aransas city leaders teaming up with the Department of Public Safety Troopers.1 This team-up is to make sure spring breakers not only enjoy their beach getaway but also follow the law and stay safe.2

Safety Measures Taken By Aransas Public Officials

Alcohol Bans

The first and most logical step taken by the Aransas city leaders is to put an alcohol ban on the spring breakers. These kids go overboard with drinking and the most disturbing part is that they plan to drive home. In the last year, Texas had more than 400 crashes involving young drivers under the influence of alcohol during the period when students come for spring break.3 The alcohol ban starts from 6 pm to 7 am on Saturdays on the beaches.

Beach Curfew

Most locals complain of the noise and bad behavior of these students that go on till midnight. Being drunk and young, they become destructive. The beach curfew is to prevent a replay of an incident when the youths vandalized a car and put it on fire. The curfew starts from 6 pm to 7 am from Monday to Saturday. It’s till noon on Sundays.  The alcohol ban and beach curfew go perfectly because it prevents the beachgoers from driving home late and drunk.

More Officers Sent Out To The Beach

Despite these bans, the Port Aransas Police knows kids won’t be kids if they don’t break laws. This is why more police officers and as we mentioned earlier Department of Public Safety Troopers are keeping a close eye on the beach and any form of violation. The Aransas Police Chief Scott Burroughs in 2018 said that the police aren’t going after people just having a beer with their friends at the beach.4 They’re after those disturbing the peace and getting out of control.5

Port Aransas Texas is a perfect spot to have fun and enjoy spring break and the Port Aransas police want to keep it that way.

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Wednesday, March 4, 2020

Dangerous Prescription Drug Lawsuits

Some people are not aware of this, but you are allowed to sue an organization if the drugs you got from them harmed you in the process, and especially if this side effect was not listed on the pamphlet.

You can get fair compensation from the organization involved, once you can prove that their drug harmed you or caused you side effects.

Here is a better explanation of how it goes, for better understanding.

There are different kinds of side effects, there are the mild ones, like the drowsy side effects that come with taking flu drugs, and the ashy, dry feeling in the throat that comes with taking Seretide. There are some more serious ones, like heart pain, fainting, swelling in different parts of the body.

It is the job of the drug producers to write down all these side effects and why they might be triggered in different people on the pamphlet accompanying the drug. When they fail to do this and you or someone you know gets affected by this drug, you are entitled to compensation from the organization if you win the case.

 

Suing the organization

This is allowed to happen, if and only if you can prove beyond a reasonable doubt that the side effects you experienced were as a result of the drugs taken and not something else, and most importantly if there were no warnings about the side effect you had.

 

Your case:

You can always sure of ‘failure to warn’, and this could be linked to so many cases. While there is a pamphlet inside the packet with a list of side effects, one the packet, a shorter list is supposed to be placed on it, with the serious and no serious side effects listed therein.

The reason is, the person might not be able to read that whole pamphlet but would have read both sides of the pack before taking the drug, or the physician would have read the pack before administering the drug.

This can be chucked up to the design defect claim if the organization was able to prove that they had listed the side effects in the pamphlet.

But, either way, you will get compensated.

 

Over a million people each year, end up with horrible side effects from drugs, and this is why the dangerous drug lawsuit is a thing, giving you the right to make sure an organization pays for not properly testing a product before sending it out to the market and endangering the lives of those who ingested these products.

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Sunday, March 1, 2020

Can I Sue A Daycare?

Hundreds of American guardians usually entrust the care of their children on daycare offices and administrations to monitor and look after their kids whenever they are at work. Any parent can sue a childcare office if the child suffers damage and unfortunate incidents. This is because at that moment the parents are notified of their children being harmed or in danger of any kind, they should be prepared to make certain legal choices.

 

Most times children get injured like scratches and bruises when playing outside however other accidents occur as a result of poor supervision, general carelessness, and most abuse. In some cases, it is always the childcare worker who abuses the child. Whatever the case may be, parents should be ready to take legal actions.

 

While it is lastly up to the police to decide whether criminal accusations are sought after in instances of childcare abuse, you may, in any case, have the option to record a common cause against the childcare office to seek remuneration for harms caused to the family.

Most of the time someone documents a claim against a childcare office for child abuse, they’re suing over carelessness concerning the office. These cases include occasions where a childcare office flopped in their commitment to guard your child, which has resulted in damage to your kid. This often happens when the childcare not sufficiently screening their workers and employing a known abuser, encouraging the maltreatment to proceed when they should stop it and also their inability to properly oversee the activities going on in the daycare.

Your legal advisor should know the subtleties of your case, however, on the off chance that you don’t have them all together for the council, don’t stress a lot over that. You can, in any case, meet with us and examine your case in the broadest terms. We might have the option to choose immediately on the off chance that we can help with your case, anyway much of the time, we may need to do some extra work before we can make that assurance.

 

In case a lawyer agrees to take on your case, you would probably need to go to court for the hearing. Sometimes, the facility that you are suing may conclude that they want to offer you a settlement as opposed to going to court. This isn’t generally the situation obviously, and still, at the end of the day, you have to prove the damages and draft a conventional interest so that you can be able to reach a reasonable settlement.

You might have a high probability of winning the case or agreeing on a better settlement if your lawyer has handled such cases successfully in the past.

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