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February 4, 2021

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 […]

 

 
CONSULTATION REQUEST
Note: All fields are required.

 I have read and understand the Disclaimer

from our blog

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.

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.

Commentary from a Scottsdale Child Injury Attorney – Arizona Pool Safety for Families

The “Simple Steps Save Lives – POOL SAFELY” campaign was brought to Arizona families a couple years ago by the U.S. Consumer Product Safety Commission (CPSC). By raising public awareness, the CPSC and the Law Offices of Shane L. Harward, PLC, hope to reduce the number of child-related pool accidents and drownings this year in Arizona.

From a Scottsdale child injury attorney, Arizona families need to be aware of the dangers associated with backyard spas, pools, and community pools, including indoor facilities. Here are some sad statistics from the CPSC to reflect upon:

— 96% of those involved in a submersion event will die.

— Among spa and pool drownings of children age 15 and under, 76% involved very young children under the age of five.

— Among spa and pool emergency department treatments for accidents involving children age 15 and under, 79% involved children under the age of five.

— Between 2006 and 2008, 72% of drownings involving children under age 15 occurred in residential areas.

— Between 2008 and 2010, the number of children’s pool injuries (age 15 and under) in residential areas was 55%.

These are the backyard pools found in many southwestern neighborhoods, including those in the greater Phoenix area.

 

Danger Isn’t Restricted to Pools and Spas, Says Child Injury Attorney, Scottsdale Arizona

Arizona drowning dangers are not restricted to warm weather, pools, and spas. The leading cause of accidental death among children between the ages of one and four is drowning in bathtubs, bath seats, and open buckets. Babies and young children can drown in only a few inches of water, so always supervise your little ones around any object containing water.

Here are some important water safety tips from the CPSC:

●  Never leave young children alone near any water or tub or basin with fluid.

●  Always keep a young child within arm’s reach in a bathtub. If you must leave, take the child with you.

●  Don’t leave a baby or young child in a bathtub under the care of another young child.

●  Never leave a bucket containing even a small amount of liquid unattended. Toddlers are top heavy and they can fall headfirst into buckets and drown. After using a bucket, always empty and store it where young children cannot reach it. Don’t leave buckets outside where they can collect rainwater.

●  Consider placing locks on toilet seat covers in case a young child wanders into the bathroom.

●  Learn CPR (cardiopulmonary resuscitation). It can be a lifesaver when seconds count.

 

Educating Parents and Adults about Pool Safety

It is important to hold accountable those responsible for pool safety violations, and to make sure the victim and victim’s family is adequately compensated, through legal representation from an Scottsdale Arizona child injury attorney.  However, it is more important to ensure future accidents, deaths, and injuries can be eliminated.

Arizonans who own swimming pools are responsible for using and maintaining fences, gates, and other safety features around private pool areas. Remember, whenever children are at play in and around a pool area be vigilant, make sure they are always properly supervised by an adult. Swimming pool and spa accidents can be catastrophic, leaving a child with head and brain injuries, fractures and broken limbs, spinal injuries, and severe lacerations. If your child was a victim of drowning or was injured in any way, then act now and call a child injury attorney – Scottsdale Arizona’s Shane L. Harward – at 480.874.2918 today.

 

Resource:

www.poolsafely.gov

What the Cruise Ship Industry Doesn’t Want You to Know – It’s Not the Love Boat Anymore

A vacation fantasy comes true for you and your family – the fabulous floating resort. Sailing the ocean aboard a magnificent cruise ship, being wined and dined, basking leisurely in the sun, always something to keep everyone entertained, and the opportunity to visit new and exotic places with the whole family. That is certainly what the cruise lines hope you’ll pick up from their $500,000 annual advertising budget.

Phoenix child injury and safety attorney Shane L. Harward agrees that a vacation cruise can be a great family experience when all goes well. But, it can also be a real nightmare when accidents and injuries occur onboard, on a ship’s tenders, and at distant locations.

In this article, our Phoenix child injury and safety attorney will provide you with some not-so-rosy pictures of the family vacation cruise gone bad. Common cruise ship accidents include assault by crew members or other passengers, food poisoning, sexual battery, slip and falls, trip and falls, and injuries on excursions. Cruise ship lines have a responsibility to ensure that there are no dangerous conditions on board that can cause serious injury to passengers. When cruise ship accidents occur because of poor maintenance, incompetent staff members, or improperly trained employees, the cruise ship owners can be held legally responsible for negligence. Owners can also be held liable for cruise ship accidents that are caused by inadequate safety equipment or emergency precautions. Victims of cruise ship accidents may be entitled to compensation for medical bills, lost wages, and pain and suffering.

 

Falling Overboard

Although the cruise lines downplay these perilous events, the fact of the matter is that people do fall overboard more often than you might think. Between 2000 and 2011, there were 174 overboard accidents among crews and passengers. 23 overboard incidences occurred in 2011 alone, although 2009 was a record year with 25 overboard cases. Between 2000 and 2011, Carnival alone logged in 44 overboard incidents.

 

Illness on Cruise Ships

There is a very good chance someone in your family will become quite ill while on the cruise. Many of those illnesses are related to gastrointestinal diseases picked up on the vessel. In 2010, there were 37 cruise line reports of illness with 7,101 total sick. The number of cruise line reports in 2009 was 30 with 4,197 total sick. 2006 was a particularly challenging year with 54 cruise line reports involving 7,215 total sick.

 

Cruise Ships Sometimes Sink

The most recent example of a disaster on the seas would be the final voyage of the beautiful Costa Concordia. On January 13, 2012, while on a seven-day cruise with 4,200 passengers and crew on board, the Costa Concordia struck a rock off the island of Giglio. The vessel listed severely and sank off the Mediterranean’s Tuscan coast – at least 17 people were killed in the accident. The Costa Concordia of Costa Cruises is owned by Carnival out of Miami, Florida – the world’s largest cruise line operator.

 

Limitations on Liability and Flags of Convenience

What most passengers do not fully appreciate when they plan a family cruise vacation is that the tickets they will purchase form binding contracts between the passengers and the cruise line. It is not at all surprising that these ticket contracts have been heavily litigated given that they purposefully limit liability with forum selection clauses (where a lawsuit can be brought), choice of law clauses (what country’s laws will be applied in the lawsuit), and detailed notice requirement clauses, among others.

Consequently, the cruise lines effectively limit their liability for accidents and injuries in the ticket contract before any passenger is welcomed aboard ship by the captain and crew. For example, the surviving passengers of the Costa Concordia disaster are limited to suing for about $70,000 each. Furthermore, those passengers will have only one year within which to file their claims against Costa Cruises in Genoa, Italy, with Italian law controlling.

When departing from a U.S. port, the ticket contract with Costa Cruises requires that any lawsuit against it must be filed in the U.S. District Court for the Southern District of Florida. Where the passenger resides is of no consequence to the venue which is dictated by the ticket contract. In addition, regardless of where the lawsuit is filed most courts will apply federal maritime law.

Buried in the fine print of your Passenger Contract Ticket, back many pages, there is a paragraph about where you have to sue them. It is usually toward the end of the ticket. No matter where you are from, no matter where you bought the ticket, no matter where you got on the ship, this rule applies.

At the time of this writing, in all cases against Carnival Cruise Lines, you must file suit in Miami, Florida; In all cases against Royal Caribbean Cruise Lines, you must file suit in Miami, Florida; in all cases against Norwegian Cruise Lines, you must file suit in Miami, Florida; in all cases involving Disney Cruise Lines, you must file in Orlando, Florida; and other cruise lines specify other cities and states.

According to an Attorney and Vice Chairman of the American Bar Association’s Admiralty and Maritime Law Committee as well as an adjunct professor at the University of Miami, the cruise line will appear “to want to settle, [by] asking for more and more information.” In reality, though, they are focused wholly on paying the bare minimum required by law. “They have their own civil defense lawyers who are often flown right to the ship to interview crew and passengers immediately,” in an attempt to lock “in their defense theories with sworn testimony.”

 

YOU PRESERVE YOUR CLAIM ONLY BY FILING SUIT IN THE RIGHT CITY AND STATE. Filling out an accident report and writing letters to the cruise line does not preserve your claim. If you filled out an accident report on the day of the accident on the ship, and if you wrote a million letters to the cruise lines, but you do not file suit within maritime statute of limitations of one year (and some require Notice of Claim to be filed within 6 months), YOU HAVE NO CLAIM AND THE CRUISE LINES WILL PAY YOU NOTHING. This is not to say that you cannot get a settlement in the right case before filing suit. Sometimes you can. But you need the right lawyer to do this.

Seeking more and more information about a known event, using up the survivor’s precious little time within which to sue, only assists the cruise line in avoiding liability. Make sure that, when you begin planning a cruise vacation for your family, that you get a copy of the contract before you purchase your tickets. When you buy the tickets, you will be bound by the terms of the ticket contract.

 

Resources:

Cruise Ship Disaster Has Future Passengers Concerned

Cruise Ship Blues, The Underside of the Cruise Ship Industry, by Ross A. Klein, New Society Publishers (Copyright 2002), ISBN 0-86571-462-2.

Cruisejunkie.com

  • 10.0Shane L Harward

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