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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.

  • 10.0Shane L Harward

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