How Can Children Be Injured at Daycare?

Millions of parents across the country rely on daycare centers to supervise their children while they are at work. Parents put an enormous amount of trust in daycare centers. After all, these businesses are tasked with taking care of their children for several hours per day. However, there are instances where daycare centers betray the trust of parents. When licensed daycare centers are negligent, children can suffer catastrophic injuries or wrongful death. Common causes of tragedies at daycare centers may include:

• Lack of supervision: Daycare workers cannot properly supervise children if they are distracted. A lack of supervision may expose children to fall injuries, choking hazards and other dangers. In some cases, daycare workers have left children in hot cars after becoming distracted. The purpose of a daycare center is to supervise children. A lack of supervision is one of the most egregious violations.
• Abusive or dangerous staff: Daycare staff members with a history of violence of sexual abuse can harm children. Children can be victimized when daycares fail to perform background checks on staff members.
• Poorly trained staff: Poorly trained daycare staff may be unable to respond to certain types of emergencies. For example, if a child drowned or stopped breathing for other reasons, staff would need to know CPR to save the child’s life.
• Unsanitary conditions: Children can develop illnesses when daycares do not provide a sanitary environment. For example. daycares who do not regularly sanitize the premises can put children at risk of developing deadly bacterial and viral infections. Although this is a sensitive topic for some, daycares can also put others at risk by accepting children who have not received immunizations.
• Defective equipment or toys: Each year, defective children’s products are recalled by the Consumer Product Safety Commission and manufacturers. For example, some toys may present a choking or burn hazard to children. In other cases, defective cribs or furniture may cause fall injuries. These products can be responsible for accidents at daycares.

Can I File a Lawsuit for Daycare Injuries?

Unfortunately, these are only a few examples of how your child could be harmed at a daycare center. This is by no means an exhaustive list. What is important when it comes to filing a lawsuit is whether the daycare was negligent. Negligence is not always apparent to parents or caregivers after an accident. The daycare accident that harmed your child may warrant further investigation by law enforcement and an attorney.Depending on the circumstances that caused the accident, it may be possible to file a lawsuit against the daycare center. Daycare accidents can result in brain injuries, burn injuries and other serious harm that could have lifelong consequences for you and your child. Damages from a lawsuit could help pay for some the expenses associated with these injuries.If your child was injured at daycare, the Texas personal injury lawyers at Mike Love & Associates, LLC can discuss your situation and potential legal options at no cost.

Are Soccer Goals Dangerous for Kids?

Afterschool sports like football and lacrosse receive a lot of media attention because they can put young athletes at risk of suffering traumatic brain injuries. However, soccer is another sport that may cause catastrophic injuries and deaths. In some cases, unsecured soccer goals are the culprit.According to the Consumer Product Safety Commission (CPSC), an average of 200 children per year are injured by tip-over accidents involving unsecured soccer goals. Brain injuries, spinal cord injuries, broken bones and organ damage are all possible outcomes caused by these accidents. The CPSC also claims that tip-over accidents involving soccer goals kill an average of one child per year.It is a common misconception that soccer goals are heavy objects that cannot easily fall over. However, the weight is distributed at the top of soccer goals, meaning even a strong gust of wind can lead to a tip-over accident. In fact, almost a dozen soccer goal tip-over accidents that have occurred since the 1970s were caused by wind.Other accidents were caused roughhousing on the goals. Several other accidents occurred because people climbed on or tried to lift the goals. However, this does not necessarily mean these individuals are to blame for the accidents. It is unreasonable to assume that young athletes would have any understanding of why soccer goals can be dangerous. This is why young athletes should always be supervised by adults during practices, scrimmages or games.

Are Soccer Goal Post Injuries Preventable?

The CPSC has published guidelines that can help prevent soccer goal tip-over accidents. According to the CPSC, soccer goals should always be anchored to the ground. This can be done by using stakes, sandbags or other approved counterweights. In addition, the CPSC recommends only using soccer goals on level surfaces. If possible, soccer goals should be chained to nearby structures or fences. Finally, these goals should be disassembled for seasonal storage.Parents whose children were injured by soccer goal tip-over accidents may be able to file lawsuits for damages. School districts, summer camps, afterschool athletic programs and goal manufacturers may be responsible for these accidents.If your child was injured during a tip-over accident, then it is important to discuss legal options with an attorney. The catastrophic injuries caused by soccer goal accidents may require a lifetime of specialized medical care and other resources. For example, a person with a spinal cord injury may require rehabilitation services and home modifications. A personal injury lawsuit may help cover some of these expenses.The Texas personal injury attorneys at Mike Love & Associates, LLC can help parents learn whether they have options to file a lawsuit.

When Are Amusement Parks Responsible for Injuries?

Amusement park injuries are commonplace in our country. In fact, the Consumer Product Safety Commission (CPSC) estimates that there were 30,000 amusement park injuries during 2016. Some of these injuries are caused by ride malfunctions.fSeveral weeks ago, a ride malfunction at the Ohio State Fair caused one death and multiple injuries. According to investigators, a row of seats was ejected from the Fire Ball ride. Two individuals on the ride were tossed more than 20 feet before landing on concrete. Others were injured after being struck by pieces of equipment caused by the ejection. According to the ride’s manufacturer, excessive corrosion was the cause of the amusement park accident.Tragedies like the one that occurred in Ohio happen every year across the country. Last year at a water park in Kansas City, a 10-year-old boy was decapitated on a water slide. Months later, two young children and a teenager fell off a Ferris wheel in Tennessee. There have also been fatal accidents at Texas theme parks. In 2014, a woman died after falling from a rollercoaster at the Six Flags in Arlington, Texas.

How Can Amusement Park Accidents Happen?

Amusement park accidents may be caused by:

• Amusement park ride operators. Ride operators are responsible for explaining instructions to park goers and ensuring they are safe. These are the folks who may strap you into a ride or explain safety instructions. If these individuals are not properly trained or if they are ineffective at communicating, then you could be put in harm’s way.
• Poor maintenance practices. There is very little oversight in the amusement park industry. As a result, some amusement parks may have poor maintenance procedures. Rides can break down from wear and tear, which may pose a danger. For example, if the latches that keep you seated on a rollercoaster fail, you could be ejected from the ride.
• Defective equipment. Amusement park rides may contain design or manufacturing defects. For example, doors, lap bars or harnesses may contain defects. In other cases, rides may be designed in a way that is dangerous to you or others.
• Poor signage. Theme parks have several restricted areas with safety hazards. For example, at a Six Flags in 2008, a park goer was decapitated by a ride after walking into a restricted area to retrieve his hat. When theme parks do not warn park goers of hazards, they can suffer injuries or wrongful death.

These are only a few examples of how theme park accidents may occur. If you or a loved one suffered harm during a theme park accident, then you may have options to recover damages from the parties who are responsible. By speaking with a Texas personal injury attorney at Mike Love & Associates, LLC, you can learn whether you have options to recover damages.

Should Distracted Driving Laws in Texas Be Decentralized?

Texas recently became the 47^th state in the country to pass a state-wide texting and driving ban. Prior to the passage of House Bill 62 (HB 62), also known as the Alex Brown Memorial Act, Texas law banned wireless communication devices for drivers under 18. In addition, drivers could not use mobile phones in school zones or if they possessed a learner’s permit less than six months old. HB 62 bans motorists from reading, writing or sending electronic messages, regardless of their age or location. The law does not address making or receiving phone calls. There are exceptions to texting under HB 62, such as reporting or responding to an emergency. Once the new law takes effect, first-time offenders could be fined up to $99 for texting and driving. Repeat offenders could be fined up to $200.When Governor Greg Abbott signed HB 62 into law at the end of the legislative session, he requested that cities and towns be banned from passing these ordinances. Instead, Senate Bill 15 would make the Alex Brown Memorial Act become the uniform state law. Local ordinances would be rolled back. During the special legislative session, the Texas Senate signaled it would move ahead with the request.For many years, cities and towns in our state passed their own texting and driving ordinances. As of 2016, 102 cities and towns had these ordinances. For example, in Nacogdoches, it is illegal to use any electronic messaging device while driving in city limits. In Conroe, you cannot text behind the wheel even if you are stopped on the side of the road. Austin, Texas has an ordinance that bans hands-held electronic devices while operating a vehicle or bicycle. However, you can use a hands-free device (Bluetooth or GPS) while driving or cycling in Austin. According to the Austin Police Department, this hands-free ordinance is responsible for a 17 percent reduction in fatal car accidents.

Are There Proponents and Opponents to Texas’ Distracted Driving Law?

Understandably, there are opponents who argue that centralizing distracted driving laws could lead to more deaths on Texas roads. Opponents argue that municipal ordinances may be stricter than HB 62. Many of these opponents are law enforcement officials from across the state. There is some truth to this argument, as some cities and towns have hands-free ordinances.HB 62 does pass a statewide ban, meaning areas of Texas that did not have a ban on texting and driving will now have one. Prior to the passage of HB 62, Lufkin did not have a distracted driving ordinance.Distracted driving is responsible for thousands of fatal car accidents per year in the United States. People that survive these accidents may suffer catastrophic injuries that can ruin not only their lives but the lives of their family members. Texting behind the wheel is an incredibly selfish act that puts other people at risk of being harmed.The Texas car accident lawyers at Mike Love & Associates, LLC are dedicated to making our community a safer place.

Are Rear-Guards Strong Enough to Prevent Truck Underride Accidents?

Truck accidents are a devastating force of destruction on roads across the country. However, truck underride accidents are particularly gruesome and much more likely to result in fatalities. An underride accident occurs when a vehicle is forced underneath the truck’s cabin. During these accidents, occupants in passenger vehicles can be decapitated and killed. This may be true even in cases where collisions occur at low speeds.Heavy truck trailers are required by law to use rear-guards (also called underride guards) to prevent this type of accident. These are metal barriers that hang underneath the back of the trailer. According to a 2013 study conducted by the Insurance Institute for Highway Safety (IIHS), strong underride guards can be effective at keeping vehicles from being forced underneath high-riding heavy truck trailers. Unfortunately, many semi-truck trailers in the United States do not have “strong” underride guards.Weak underride guards can fail to prevent fatalities. In addition, a vehicle hitting the side of an underride guard may still be demolished. According to the IIHS study, underride guards are much less effective at preventing fatalities when vehicles hit guards further to the right or left. Motor vehicle safety advocates and organizations, such as the IIHS, have petitioned the National Highway Traffic Safety Administration (NHTSA) to strengthen underride guard standards. The federal standards regulating the strength of underride guards have not been updated since 1996.Semi-trucks in the United States also do not require side underride guards. In Europe and Japan, side underride guards are used to help prevent fatalities when vehicles slide underneath the side of trailers. There are many truck accidents in the US involving side underride crashes. For example, the Tesla vehicle that crashed last year while Autopilot was turned on slid underneath the side of a tractor-trailer. The vehicle’s occupant, a former Navy SEAL, died in the accident. This is only one example. NHTSA estimates 200 side underride accidents occur in the US each year.

Can Negligence Cause an Underride Accident?

In some cases, trucking companies fail to perform maintenance on truck underride guards. These guards may also contain defects that can reduce their effectiveness during an accident. In such cases, injured vehicle occupants or their loved ones may be able to file a lawsuit against the underride guard manufacturer or trucking company. Lawsuits can not only help prevent future instances of these companies using or releasing unsafe underride guards, they can help provide financial resources for costs associated with catastrophic injuries or wrongful death.The Texas truck accident attorneys at Mike Love & Associates, LLC can help you hold commercial carriers and auto parts manufacturers accountable for causing catastrophic injuries or wrongful death.