Home Accident Page 3


Take Safety Steps before this Heating Season

Take Safety Steps before this Heating Season

It’s early into the fall season, and temperatures are finally comfortable again.  However, it won’t be long until the big chill is here and we need to turn on heaters, furnaces, and those cozy fireplaces.  The U.S. Fire Administration under FEMA encourages homeowners and tenants in residential buildings to take appropriate steps to ensure a safe heating season.   

The U.S. Fire Administration has just published the Heating Fires in Residential Buildings (2008-2010).  The report provides statistics on fires in residential buildings and safety tips to take before and during the heating season.  

The following statistics are provided by the report:
•    About 50,100 fires are caused by heating equipment in U.S. residential buildings every year, and these fires result in about 150 deaths, nearly 600 injuries, and roughly $326 million in property damage
•    30 percent of all residential heating fires occur between 5 p.m. and 9 p.m.
•    heating is the second leading cause of residential fires behind cooking
•    confined fires (chimneys, flues, and fuel burners) resulted in 87 percent of all residential heating fires
•    about 30 percent of all unconfined fires occurred because the heating source was near a combustible

The U.S. Fire Administration states the following safety tips can dramatically decrease the chances of a residential heating fire:
•    only use heating equipment like chimneys after they are cleaned and inspected by a professional
•    keep any combustible at least 3 feet away from heating equipment
•    only use heating equipment that is labeled from a testing laboratory
•    never plug space heaters into an extension cord, only plug the heater into an outlet
•    install carbon monoxide alarms in your home and make to maintain the alarms

For more safety tips and a link to the full report, use the following link: https://www.usfa.fema.gov/media/press/2012releases/092012.shtm

Source: U.S. Fire Administration

Fire Prevention Week: October 7-13

Fire Prevention Week: October 7-13

The Federal Emergency Management Agency (FEMA) announced on Friday that fire prevention week will begin on October 7 and run until October 13.  During the week, FEMA and the U.S. Fire Administration (USFA) are partnering with the National Fire Protection Association in order to encourage families and individuals to develop a fire escape plan.  

According to FEMA, “Hundreds of thousands of fires happen in and around American home every year, killing or injuring thousands of people and causing untold damage to families and communities.”  FEMA reports that 362,100 residential fires occurred in 2010 alone.  The fires resulted in 2,555 deaths and 13,275 injuries.  Additionally, the fires caused over $6.6 billion in property loss in 2010 alone.  

FEMA Region III Acting Regional Administrator Robert Welch states, “In the event of a fire, remember that every second counts, so you and your family must always be prepared.  Having an escape plan and practicing it can help you get out quickly.”  

FEMA and the USFA provide the following tips to homeowners.  Make sure you equip ionization and photoelectric smoke alarms in your house.  You can buy dual sensor smoke alarms that contain both ionization and photoelectric smoke sensors as well.  Secondly, make two exit points for every room in your house.  These can include windows and doors.  Thirdly, form your home fire plan and practice with all of the members in the family including all children, elderly family members, and any other people who need help getting out of the house.  

Practice your home fire plan a couple of times, and make sure you practice the plan a couple of times time every year.  You can never be safe enough.  

If you want more fire statistics, you can visit the following link: https://www.usfa.fema.gov/statistics/estimates/index.shtm.  

More information about fire safety and prevention is found at the following link: www.nfpa.org.

Source: Federal Emergency Management Agency

Train Accident

Train AccidentA train accident is classified as any accident that takes place involving a train, locomotive, subway, or other regulated vehicle designed to operate on a railway system. The fact that trains are confined to tracks allows for their use to be both some of the most direct means of transport, as well as some of the most complex. Unlike free-wheeled vehicle, such as a car or a bicycle, a train cannot rotate or alter the direction in which it travels. Yet, a train can alter the speed and velocity in which it travels, as well as move backwards or forwards.

Types of Train Accidents

There are two primary types of train accidents: operational train accidents and external train accidents. Furthermore, trains, regardless of function, must possess insurance and liability in the event of an accident and/or malfunction. The possession of insurance is a legal imperative for all trains ranging from commercial trains to commuter trains.

1.Operational Train Accidents are classified as train accidents that occur as a result of negligence on the part of any or all operators of a given train:

Navigational train accidents are the result of negligence and/or malfunction on the part of those employees responsible for guiding the train(s), which includes the failure to switch tracks, alert the conductor of upcoming rail traffic, and flawed routing. Furthermore, the malfunction of bridges, gates, and cautionary measures that alert motorists, pedestrians, and other entities from crossing the train’s path are the responsibility of the train company.

Mechanical train accidents are the result of uninspected machinery, faulty parts, incomplete inspections, and unchecked or unhindered tracks. Employees responsible for the maintenance and upkeep of both the train, as well as the tracks utilized by the train, must adhere to the inspection regulations set forth by the Department of Transportation (DOT).

Functional train accidents result from negligent or flawed operation of the train itself, which is most often the responsibility of the train crew. An example of functional train accidents include distracted and/or reckless operation of the train. Train personnel must be trained according to the specifications set forth by the DOT and adhere to the operational protocol set forth.

2.External train accidents are classified by unpreventable and/or anomalous occurrences that are not the liability of the train company. In the event that the train, its mechanics and tracks are in working order, external forces causing or contributing to a train accident can be assessed by investigators and other law enforcement personnel. Examples of external train accidents include the failure of individuals to adhere to train crossing warnings and/or unlawful entry onto railroad tracks.

Recourse for Train Accidents

Train operators must adhere to a strict code of operations. Commercial trains must operate safely within the scope of their surroundings. Commuter trains must operate in a safe manner that protects the health and well-being of its passengers. In the event of a train accident, an attorney specializing in transportation codes, regulations, and operations can assist in the investigation of case details reflecting a train accident.

Trampoline Accidents

Trampoline Accidents

Trampoline accidents are classified as recreational – and at times, sports accidents – that involve one or more individual’s use of a trampoline. A trampoline is one of the primary examples of sports equipment that can result in injury in the event of improper and unsafe usage. Statistics illustrate upwards of 85,000 trampoline accidents occurring per year in the United States, with upwards of 90 percent of those accidents resulting from home trampoline use. 

What is a Trampoline?
Varying in size and shape, a trampoline is a piece of equipment that is used to extend the velocity and height jumps and leaps performed by an individual. A trampoline consists of durable, elastic material pulled taut across the surface area of the trampoline, which is then stabilized by springs. These springs allow for added elasticity. The surface of the trampoline is mounted atop a stand that can vary in height, depending on the size of the trampoline. 

The Danger of Trampolines
Once an individual bounces on the surface of a trampoline, the exaggerated, elasticity maximizes the height, power, velocity, and speed to an individual’s natural jumping ability. Those individuals who are unpracticed or unfamiliar with the mechanics and physics of trampolines run a risk of having a trampoline accicdent.

Preventing Trampoline Accidents
Although trampolines can provide a great deal of fun and enjoyment for those using them, improper trampoline use can have tragic results. Prior to using a trampoline, the owners are encouraged to ensure the integrity of its construct. The following are some precautionary steps that can be taken in order to avoid trampoline accidents:
Ensure that the purchase of a trampoline has been made from a reputable distributor and/or manufacturer that ensures that quality, integrity, and reliability of their products.
Ensure that the trampoline includes notification that it has been tested and inspected in accordance with Federal, legal, and commercial standards.
Ensure that the trampoline possesses a warranty that explains the legal process of its use; this includes liability and user responsibility.
Ensure that the enclosed instructions are read and understood by all individuals using the trampoline; pay close attention to any warnings, suggestions, and tips offered by the manufacturer.
Ensure that a medical professional has confirmed that the individuals using the trampoline are in sound physical condition to safely use a trampoline.
Ensure that there exists regulated and approved padding surrounding the perimeter of the trampoline in order to reduce the risk of trampoline accidents.
Ensure that the proper safety and protective gear is worn by all users.

Trampoline Accident Recourse
If confusion exists regarding the use and/or process of the trampoline in question, an individual is encouraged to consult with an attorney prior to its usage. An attorney specializing in liability, personal injury, accidents, and consumer laws will provide assistance in clarifying the liability of the manufacturer in the event of a trampoline accident. 
However, an attorney should be contacted subsequent to any trampoline accidents in order to assess liability, personal injury, and to provide legal review of the case details.

Skateboarding Accidents

Skateboarding AccidentsSkateboarding Accidents Lawyer

Reasons for Hiring Skateboarding Accidents Lawyers

The personal injury damages which may be due to the victims of skateboarding accidents can be argued for and potentially released based on the advocacy services provided by skateboarding accidents lawyers. A skateboarding accidents lawyer may or may not be a specific practitioner within this sector of personal injury law.

In any event, a skateboarding accident lawyer may be able to provide victims of skateboarding accidents with the ability to recover compensation for the pain and distress they have suffered, as well as the financial recovery to compensate for expenses incurred from receiving medical care and lost wages due to physical injuries.

Civil Actions Transacted by Skateboarding Accidents Lawyers

The particular kind of legal motion allowed for by a skateboarding accidents lawyer unfolds within the larger administrative context of the system of civil law, which involves one of two primary sectors in the U.S. justice system. As such, the field for civil law practitioners can be contrasted with the other area, which is reserved for the criminal justice system.

Difference Between Civil and Criminal Law

Whereas civil law is concerned with the transactions and challenges which occur between individuals or groups considered private entities under the U.S. legal system, criminal law involves the Government bringing complaints for statutory violations against individuals subject to those laws. As a civil law practitioner, a skateboarding accidents lawyer does not have the ability to consign a defendant who is found liable through the persuasive power of his or her argument to a term in prison.

Skateboarding Accidents Lawyers as Trial Lawyers

A skateboarding accidents lawyer might be referred to as a trial lawyer. This term, and the way in which it is used, is fairly unique to the U.S. legal system and may carry loaded connotations and even a tinge of disapproval depending on the particular individual who uses it.

Definition of Trial Lawyers

For one, trial lawyers do not, as defined in this way, include all legal representatives who argue a case before a court of law. Rather, trial lawyers, as understood in this way, are legal professionals who specialize in recovering damages for clients claiming wrongdoing or negligence on another’s part, and who do so through the threat or accomplishment of court proceedings. As this suggests, a trial lawyer may be able to deliver satisfactory results to the plaintiff without the necessity of actually going through an entire trial. Skateboarding accidents lawyers, thus acting in this way as trial lawyers, will commonly secure settlements, rather than court verdicts, for the benefit of their clients.

Factors to be Cited by a Skateboarding Accidents Lawyer

A skateboarding accidents lawyer might press for damages on behalf of the particular client involved in a case on the basis of several varying types of damages. For one, skateboarding accidents lawyers could press for compensation for the pain and distress resulting from the skateboarding accident. Alternately, a skateboarding accidents lawyer could also press the suit on the basis of the medical bill payment required, or the wages denied.

Horse Accidents

Horse AccidentsFactors in Horse Accidents

Horse accidents can readily occur due to the combination of the rider’s high elevation from the ground and the rapid pace of the horse. Riders can fall up to 13 feet in a horse accident, while the speed of their steed can get up to 40 mph. Another factor contributing to horse accidents and the resulting painful and debilitating injuries to the riders is the comparative lack of intelligence on the part of horses compared with other mammals such as dogs, combined with their large size. Horse accidents can cause death or, most seriously among the non-fatal injuries, spinal and brain damage.

Different Types of Horse Accidents

While horse accidents are most commonly associated with fatalities and injuries occurring among riders, other kinds of horse accidents can also occur, which can also result in serious, if not fatal, consequences for the humans involved. A rarer yet still dangerous form of horse accident is one involving the collision of a motor vehicle, such as a car or motorcycle, with a horse, which may be with or without a rider, depending on the case.

Horse accidents of this kind can occur more commonly when horses are being transported by trailer along motorways in active use. Alternately, horse accidents can also occur when people are struck by horses while standing, sitting or lying on the ground. These kinds of horse accidents may involve horses kicking people in the immediate physical vicinity, trampling them, or otherwise coming into violent impact with them.

Danger Posed by Horse Accidents

According to studies, accidents when people are riding horses can occur much more commonly than in the instances of the use of other forms of transportation. For one, horse accidents have been compared to motorcycle accidents, a method of comparison which has shown that people are far more likely to experience accidents and possible resulting injury or fatality when riding horses compared to motorcycles.
A study compiled in the early 2000s found that horse accidents are 20 times more likely to occur than motorcycle accidents. That being said, the rate of danger posed to riders by the likelihood of horse accidents can vary in terms of the specific kind of riding involved.

Horse riding considered to be for “leisure” purposes was found in this study to involve one injury, of any degree of severity, per every 100 hours’ worth of people engaging in such activities. On the other hand, for “amateur racing over jumps”, one horse accident occurred on average for every five hours’ devoted to such activities. “Cross country eventing” activities, meanwhile, posed the risk of one horse accident, and resulting injury to the rider, for every hour of such riding.

According to another study conducted around the same point in time, out of every 10 horse accidents, 6 of these involved head injuries to the riders and, as a result, increased risks for riders.