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Appellate Highlights
Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]
ATV Recall by Yamaha
A recall has been issued by Yamaha for the company’s 2012 Big Bear 400 ATV. According to the recall, the front shock absorber can break apart and cause the driver to lose control of the vehicle, which of course poses a crash hazard. The recalled vehicles were sold from August 2012 to May 2013, and have the words Yamaha Big Bear on both sides of the ATV and the fuel tank.
Those who own the recalled ATV should immediately stop using the vehicle and contact their local Yamaha dealer to schedule a free repair.
Riding ATV’s (All Terrain Vehicles) is a popular activity for many families in Arizona when they are camping or just out enjoying nature. Although riding these vehicles can be a fun family activity, it can also be a dangerous one.
The Arizona Department of Health Services reports that ATV injuries are increasing in the state, especially for those riders under the age of seventeen. Between 2003 and 2008, the rate of deaths from ATV accidents increased dramatically. In the year 2007 alone, 1,223 children in the state were either seen in the emergency room or hospitalized for non-fatal ATV injuries. Tragically nine children, six of whom were not wearing helmets, died from the injuries sustained in ATV accidents.
There are those in the medical field, such as the American Academy of Orthopedic Surgeons, who suggest no one under the age of sixteen should be riding an ATV. Phoenix Children’s Hospital suggests that parents need to gauge whether their child has “developed proper decision-making skills, eye-hand coordination, and strength” before allowing them to operate an ATV.
When a child is allowed to ride an ATV, ensure these safety tips are followed:
- Always wear a helmet, protective eyewear and clothing.
- Always be supervised by an adult.
- Do not ride on paved roads, only off-road.
- Always ride on a child-sized ATV.
- Do not ride double on an ATV.
It is advisable for everyone who plans to ride ATVs to take a safety course through either the Arizona State Parks or the ATV Safety Institute.
ATV accidents can lead to devastating injuries that require extensive medical care and rehabilitation, as well as permanent injury and death. It is important when injured in an ATV accident to seek counsel from an experienced Arizona personal injury attorney immediately to protect your legal rights. A knowledgeable lawyer will answer your questions and give you the personal, aggressive representation you deserve.
Original story found here.
CI Therapy Helps Children With Cerebral Palsy
A new study from the University of Alabama at Birmingham (UAB) reports that children with cerebral palsy saw an increase in grey matter volume in areas of the brain associated with movement when they underwent constraint-induced therapy (CI).
UAB researchers say the findings of their study, which was published online in the journal Pediatrics, show that structural remodeling of the brain occurs during rehabilitation in a pediatric population.
According to the developer of CI therapy Edward Taub, who was also a co-author of the study, the study “reinforces the idea that CI therapy also remodels the brain, producing a real, physical change in the brain.”
The American Heart Association states that CI therapy restrains the unaffected side of a patient, thus forcing the use of the affected side. For example, in a stroke patient, the therapist would constrain the unaffected arm of the patient in a sling, thus forcing the patient to use his affected arm intensely for given period of time.
In the study, UAB had ten children ages 2 to 7 with cerebral palsy, undergo a three-week course of CI therapy.
Researchers assessed the grey matter of the brain through voxel-based morphometry (VBM), performed on images acquired through MRI before and after the study.
Chelsey Sterling, the first author of the study and a graduate student in medical psychology at UAB said, “We saw increases in grey matter volume in the sensorimotor cortices on both sides of the brain and in the hippocampus. These increases were accompanied by large improvements in spontaneous arm use in the home environment. Notably, increases in grey matter correlated with improvement in motor activity.”
The increase in grey matter volume, according to researchers, could be due to several different processes. These processes include an increase in synaptic density, the creation of new neurons or glial cells, or the establishment of new blood vessels within the brain.
The children in the study received intensive motor training three hours a day for three weeks. While undergoing the training, the children’s less affected arm was constrained in a cast, and caregivers were given instructions on how to induce the children to use the more-affected arm at home.
This study proves, says Taub, that CI therapy is effective in improving the rehabilitation of movement after stroke and other neurological injuries in both children and adults. He also stated that the study proves the “brain has a remarkable capacity to heal itself when presented with an efficacious rehabilitation intervention such as CI therapy.”
The study also indicates, said another co-author of the study Gitendra Uswatte, that children with cerebral palsy, when provided with the proper stimulation, can make substantial gains in motor function.
Original story found here.
Arizona Child Injury and Safety Attorneys Brace Themselves for More Winter Accidents
Many of us will be heading north out of Phoenix this weekend, making that familiar I-17 drive for a winter mini-vacation to Flagstaff’s Arizona Snowbowl or the San Francisco Peaks (Humphreys Peak). Maybe you and your family will be heading to Show Low instead for winter fun in the White Mountains. Or perhaps you will be traveling south for snow at Summerhaven on Mount Lemmon in the Santa Catalina Mountains northwest of Tucson. No matter where you decide to spend recreational time with your family this winter, Arizona child injury attorneys will tell you that the accident risk is high. Winter sporting activities have inherent risks and injuries can be severe and life threatening. When another person is negligent and reckless, that’s when many winter recreational injuries happen while tubing, skiing, snowboarding, and snowmobiling.
Winter Recreational Safety Issues Reported By Arizona Child Injury Attorneys
When injuries occur, winter sports areas and public ski areas do have some protection from liability. For example, if your family spends the week at Snowbowl in Flagstaff, you agree to accept responsibility for some level of risk simply by purchasing the ski lift tickets.
However, ski resorts have an obligation to mark any areas that have known hazards, such as rocks and tree stumps not fully buried beneath the snow in years of minimal snowfall. When vacationers rent their equipment, Arizona child injury and safety attorneys explain that faulty bindings, boots, poles, skis, snowboards, or other rented equipment may be the fault of the ski resort. Even newly purchased recreational equipment can be defective, malfunction, and cause injury.
If the injuries were the result of the reckless or negligent acts of some other person, then an action may be pursued to recover financially for the resulting losses and damages. The most common types of accidents on the ski slopes are:
● Chair lift accidents.
● Equipment failures.
● Colliding with others.
● Falling over or colliding with rocks, trees, fences, barriers, or other objects.
● Lack of proper instruction and lessons.
Did you know that a skier or snowboarder higher up is responsible for avoiding those on the slopes below? Did you know that it is the parents’ responsibility to maintain reasonable control of their child skier? The parents are responsible for preventing their children from injuring themselves and from endangering others in the vicinity. These rules of the slopes are in place to reduce accidents and lessen the risk of severe injuries when an accident does occur. If an individual ignores the rules and injures another, then financial recovery may be possible.
Arizona Child Injury Attorneys Represent Clients with Winter Recreational Injuries
Winter recreational accidents resulting in serious injury can occur at any time. Arizona child injury attorneys point to a CDC study that found a pronounced increase in serious spinal cord and traumatic brain injuries as a consequence of snowboard and ski accidents.
Fractured bones, brain injuries, spinal cord injuries, knee injuries, whiplash, internal injuries, and even deaths are caused by negligent, reckless, aggressive, out-of-control snowboarders and high-risk-taking skiers out on the slopes. In some instances, the resort creates too great a risk and may be held liable. Many ski resorts market to more aggressive slope activities by designing and building ski jumps, ramps, and half pipes, encouraging greater risk-taking behavior on the slopes.
Winter recreational accidents are not restricted to the ski slopes, though. Cross country skiers may also be injured by reckless and negligent snowmobilers misusing snow trails while traveling at high rates of speed. The injuries can be catastrophic.
Contact Our Arizona Child Injury and Safety Attorneys Today!
Don’t assume that you have no recourse when a winter vacation ends in injury of a family member! Call the Law Offices of Shane L. Harward at 480.874.2918 for a FREE initial phone consultation and let our Arizona child injury and safety attorney help you today. Find out whether you can be compensated for your medical expenses, lost wages, and related damages when a winter vacation takes a turn for the worse.
Warning from Child Injury Attorneys: Phoenix Trampoline Parks Are Dangerous
Back yard and school trampolines have always been a common source of child injuries. In 1991 the Consumer Product Safety Commission reported almost 38,000 trampoline accidents in the U.S. By 2010, that figure had grown to 92,200. A 2012 report from St. Louis (KSDK) indicated that the Insurance Information Institute says every year there are more than 105,000 trampoline claims.
The newest mega-trampoline fad – indoor trampoline “air” parks – is not the safe playground that it is purported to be. Promoters call it flying and like anything that goes up, it is the coming down that is dangerous. In fact, child injury attorneys in Phoenix want the public to know just how dangerous these trampoline parks are.
SkyPark Accident Ends in Spinal Injury and Death
Very recently in Phoenix Arizona, Ty Thomasson suffered a catastrophic spinal injury at SkyPark Indoor Trampoline Park (40th St. and Indian School Rd.). He was participating in a children’s charity event at the private indoor park. Thomasson was said to have been attempting a flip into the foam-filled pit below the giant trampoline. The pit is filled with foam bricks intended to break the fall of anyone launched into it. Thomasson landed head first into the foam pit, causing blunt force injuries to his spine. He was immediately transported to Maricopa Medical Center where he died three days later from those injuries.
You might think that Thomasson’s death was a freak accident, but child injury attorneys in Phoenix assure you that accidents at these popular indoor facilities are common, may be serious, and are on the rise. The American Academy of Orthopaedic Surgeons advises against trampolines: “We do not recommend recreational use of trampolines,” says orthopedic surgeon Jennifer Weiss at Children’s Hospital in Los Angeles.
Trampoline Parks Are Largely Unregulated
As reported by child injury and safety attorneys, Phoenix area indoor trampoline parks, although clearly recreational, skirt safety regulations because the equipment they use is not regulated. Arizona does regulate amusement parks, but trampoline parks are not regulated because they use playground equipment. In Arizona, these recreational facilities must pass fire, structure, and sprinkler safety inspections, but are not inspected for their gym, athletic, and trampoline equipment – in this way they escape amusement park regulations.
These trampoline parks seldom require safety training certification of their staff. Compare that to our Phoenix area schools, where tumbling and gymnastics instructors are typically required to have extensive training and certification because of the risk of injury to children.
Trampoline Parks Attempt To Escape Liability with Waivers
Since Thomasson’s accident, police are continuing their investigation into his death at the newly opened SkyPark facility. Like all participants at these trampoline parks, Thomasson signed a waiver which excused the owners and operators of the trampoline park from any liability for his injuries.
Sky Zone Indoor Trampoline Park offers franchises and claims to be the “creator of the world’s first all-trampoline walled playing court.” It has many parks across the country, including one on Larkspur Drive in Peoria. The Sky Zone Peoria offers this notice and disclaimer on its website:
“All participants must have a valid Sky Zone waiver completed/signed prior to entering the Sky Zone playing court. Those under 18 must have their waiver signed by their parent or legal guardian. Jumping on the Sky Zone playing court is a fun & fit activity for just about any age, shape or ability. However, it is a physical activity and there is the potential for injury. Sky Zone asks you to please HAVE FUN, but FLY SAFE during your visit. Please adhere to court rules and participate within your own physical abilities. Please visit our FLY SAFE web page for more information on court rules and safety.”
By offering rebates, Sky Zone Peoria encourages the use of its facility for school fundraising and charitable events similar to the one that ended with Thomasson’s death. “For every paid admission attending your group’s event, your organization will receive a $3 rebate from Sky Zone.”
Sky Zone even has a special for those parents who want to bring their toddlers: “TODDLER TIME – EVERY DAY! Want to jump with your toddler…? [T]ry our Toddler Court… and accompanying adult jumps for free!” Our Phoenix child injury and safety attorney recommends that you follow the advice of the American Academy of Orthopaedic Surgeons and avoid taking toddlers to trampoline parks.
Another indoor trampoline park, Jump Street, has locations in Chandler and Glendale, Arizona. The Jump Street waiver policy is simple: “no waiver, no admission.” According to Fire Chief Brad Miller, Jump Street Chandler alone has had 31 ambulance responses since January of 2010. But it isn’t just SkyPark, Sky Zone, and Jump Street – other trampoline indoor amusement parks include Airworx, Flip Dunk Sports, Sky High Sports, Rebounderz, and Xtreme Trampolines, to name a few.
If your child has been injured in a trampoline accident, contact the Law Offices of Shane L. Harward immediately at 480.874.2918 for a Free initial telephone consultation.
Resource:
Phoenix Man Dies after Spinal Injury at Indoor Trampoline Park
http://www.ksdk.com/news/article/319311/3/Trampoline-injuries-on-radar-of-insurance-companies
CDC Reports on Child Injury – Lawyer in Phoenix Promotes Safety
The Center for Disease Control reports national statistics on the frequency and most common types of child injury. Phoenix lawyers are working to educate the general public on child injury statistics in an effort to promote greater safety for all children, not just those who reside in Arizona.
In May 2010, the National Conference of State Legislatures (NCSL) made the following statement about the rate of child injuries in the U.S. and the need for improved childhood injury prevention:
“Injuries are the leading cause of death and disability for children and adolescents. One in four children are injured severely enough to necessitate medical attention, miss school, and/or must be on bed rest each year. For every child who dies from an injury, approximately 34 are hospitalized and 1,000 make emergency room visits. According to the CDC, on average, 12,000 children aged one to 19 die each year from unintentional injury, which accounts for 44% of all deaths in this age group. The leading causes of injury death differ by age group. While motor vehicle-related injury deaths are responsible for the majority of injury deaths for children five to 19 years of age, drowning was the leading cause of injury related death for children aged one to four.”
Child Injury Lawyer, Phoenix Arizona, on Traumatic Brain Injury (TBI)
As a child injury lawyer in Phoenix knows from experience, a traumatic brain injury can steal the life of a child. These unintentional injuries can happen in an automobile accident or sports activity. Although three-quarters of all TBIs will result in concussion or mild TBI (a mild TBI is simply a diagnostic term referring to an acute concussive brain injury that manifests itself with symptoms — no TBI should be taken lightly), according to the CDC approximately 1.7 million people will sustain a TBI this year and 52,000 will die from their injuries, many of whom will be children. There are also studies that show those who have suffered from a TBI are at an increased risk of Alzheimer’s and Parkinson’s later in life.
The CDC also reports that two groups of children are among the most likely to sustain a TBI: children younger than four years of age and children between 15 and 19 years of age. Children younger than four have the highest frequency of TBI emergency department visits and hospitalizations – they are the group most likely to die from their injuries. Among both age groups, boys are more likely to sustain TBIs than girls.
CDC Motivates Child Injury Lawyer, Phoenix, to Help Improve Safety
A child injury lawyer in Phoenix is in the unique position to educate the general public about the importance of accident avoidance when it comes to child safety. After all, he deals with child injury incidents and lawsuits on a regular basis and knows how accidents could have, and should have, been avoided.
Here are a few more generalized statistics from the CDC to keep in mind (the Arizona statistics included below were compiled between 2000 and 2005):
● 12,175 children in the U.S. aged 0 to 19 will die from an unintentional injury. In Arizona, the average number of child injury deaths was 295 per year; a rate of 18.2 per 100,000 population and much higher than the national rate of 15.0 per 100,000 population.
● Boys are almost twice as likely to die from unintentional injuries than girls. In Arizona, 66% of unintentional child injury deaths occurred among boys.
● More children die from motor vehicle and traffic accidents than any other accidental death, as either passengers, pedestrians, or cyclists. In Arizona, transportation-related injuries resulted in the highest rate of death for children age 0 to 19 with 11.9 child deaths per 100,000 population.
● The leading cause of unintentional death in children is by:
- — Suffocation for children under the age of one.
- — Drowning for children age one to four.
- — Motor vehicle occupant for children age five to 19.
● In Arizona, children between the ages of 15 and 19 accounted for 40.3 deaths per 100,000 population, the highest death rate of all age groups.
Tragically, we know that childhood injuries often have long term consequences and sometimes result in death. Along with filing a lawsuit against the responsible party, there are other alternatives, including mediation and arbitration, which can help you get what your child deserves. If your case does go to court, Shane L. Harward will use all of his experience to help your family. To discuss your options in detail with an aggressive and experienced child injury lawyer in Phoenix, contact the Law Offices of Shane L. Harward today.
Resource:
Emergency Room Visits For Kids’ Head Injuries
According to a Centers for Disease Control and Prevention study, the number of children going to hospitals with concussions is up approximately 60 percent in the past decade. The CDC study considered non-fatal brain injury data for the years from 2001 to 2009 and children 19-years of age and younger. The CDC looked at traumatic brain injuries, including concussions, skull fractures, and bleeding in the brain. The estimated number of children going to the emergency room for brain injuries in 2001 was 153,000. In 2009, nearly 250,000 children were treated at emergency rooms throughout the United States for brain injuries. Bicycling and football were the leading reasons for kids’ brain injuries.
http://www.cdc.gov/mmwr/preview/mmwrhtml/mm6039a1.htm
According to many experts, the increase is not necessarily a bad thing. It could mean that more parents and coaches are being more careful about treating head injuries and are more aware of the formerly underappreciated long-term problems associated with concussions. Please remember — there is no such thing as a “mild” traumatic brain injury. A traumatic brain injury (TBI) can be classified as mild if loss of consciousness and/or confusion and disorientation is shorter than 30 minutes. Even though this type of TBI is called “mild”, the effect on the family and the injured person can be devastating.
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Telephone (480) 874-2918
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The Arizona personal injury, accident, and insurance bad faith dispute lawyers at the Law Offices of Shane L. Harward PLC represent insurance, personal injury and accident victims throughout the state of Arizona (AZ) including, but not limited to, Phoenix, Scottsdale, Mesa, Tempe, Chandler, Glendale, Gilbert, Sun West, Sun City, Tucson, Flagstaff, Kingman, Bullhead City, Yuma, Lake Havasu, Fountain Hills, Anthem, Ahwatukee, Carefree, Cave Creek, Gold Canyon, Bisbee, Sierra Vista, Cochise, Paradise Valley, East Valley, Maricopa, Pima, Pinal, Gila, White Mountain, Heber, Payson, Prescott, Forest Lakes, Apache Junction, Avondale, Queen Creek, Benson, Black Canyon City, New River, Buckeye, Casa Grande, Coolidge, Cottonwood, Douglas, Florence, Gila Bend, Goodyear, Greer, Glendale, Lakeside, Guadalupe, Holbrook, Huachuca City, Oro Valley, Overgaard, Avra Valley, Parker, Peoria, Pinetop, Pine, Prescott Valley, Quartzite, Strawberry, Safford, Show Low, Sun City West, Sun Lakes, Superior, Surprise, Snowflake, Tombstone, Wickenburg, Winslow, Wilcox, Williams, Young, Youngtown, and surrounding areas.