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Recent Blog Posts
Understanding Your Rights - 5 Things to Know about Product Liability Cases
Selling a product on the open market comes with a great deal of responsibility and disclosure on the part of a manufacturer and / or retailer. As a consumer, you expect the products you purchase to be safe for you and your family. However, sometimes, through faulty testing or unforeseen issues, seemingly safe products can cause unforeseen injuries or even death. Knowing your rights after such an incident is often secondary to recovery, however it is important to understand who is responsible when and if such an event occurs. Here are five things to keep in mind if you or someone you know is injured or otherwise affected by faulty product.
1. Don't lose, throw away, or destroy the defective product! If you have been hurt as a result of a product defect, you should maintain the product in question for inspection, review and evidentiary purposes down the road. You do not want to find yourself in a situation where you are trying to prove your case about a defective product that cannot be produced to a jury.
Our Two Cents as The NFL Settles on Concussion Lawsuit
In what appears to be a mentality of "let' move forward" the National Football League recently settled with thousands of retired professional football players from the effects of concussions sustained during their tenure in the league. For a while it appeared as though the case would drag on for years after the NFL filed a motion to dismiss the class action lawsuit suggesting that any injury claims needed to be handled through arbitration. That motion was still pending at the time of the settlement. That being said, the settlement is being viewed as a huge "win" for the NFL not only because of the favorable terms of the payout, but also the ability of the NFL to keep certain documentation about what it knew or may have known about concussions and brain injuries shielded from the discovery process. Specifically, the NFL will pay approximately 50% of the settlement over three years, and the remaining amount over 17 years. Some believe these are relatively generous payment terms for a multi-billion dollar industry. Moreover, in order to receive a portion of those proceeds it appears the injured members of that class will still have engage a further process to prove the severity of their injuries. As the release describes this injury compensation fund as follows:
Do Summer Amusement or Water Park Fun in Wisconsin Increase Chances of Injury?
It is an all too familiar story...what starts out as a chance to create happy family memories ends with a painful or even tragic result. Water parks and amusement facilities are great places to enjoy fun in the Wisconsin sun, but if the rules are not followed, the equipment is not properly maintained and the staff adequately managed, trips to these entertainment areas can spell weeks of recovery or even worse, death.
This past spring, a 63 year old gentleman visiting the Mt. Olympus Indoor Theme Park discovered this truth first hand. According to Fox 6 news, the lap bar of the roller coaster car he was riding in failed to stay closed, causing the victim to plummet nearly 17 feet to the concrete pad below. The victim suffered numerous broken bones as well as severe brain trauma. While the park employees stated that the bar was operational when they ran their safety tests for the day, something went seriously wrong during the victim's ride.
Fun the Water - Five Tips for Safe Boating in Wisconsin
Summer heat means fun on the many lakes and waterways in Wisconsin. While boating can equal family fun and great memories, it can also result in serious boating accident if you are not careful. The following article offers five things you should know before you head out on the lakes.
1. Age Requirements - Children under the age of 10 may not operate a boat under any circumstances. Children who are 10 or 11 may do so only if they are accompanied by a parent, guardian or adult 18 or older who is designated as a guardian. If a child ages 12-15 has completed a Wisconsin DNR boater's safety course they may operate a boat alone, otherwise a parent or guardian must be on board. Minors 16 to 18 must complete a boater's safety course.
2. Unlawful Operation of a Boat -The Wisconsin DNR states that the following operating practices are dangerous and illegal.
Summer Campfires - Proceed with Caution
Outdoor summer fun often revolves arounds spending quality time around a campfire, telling stories and singing songs. However this fun family past time is also one of the most dangerous parts of the summer months.
Bonfire or campfire accidents are the among most common cause injuries involving fire. Often, these types of accidents occur when children or young people are grilling s'mores or hot dogs over a campfire and they get too close to the fire. Other times, they may be sitting at a reasonable or safe distance from the fire, and someone dangerously throws some sort of accelerant on to the fire to create a large "boom" or maintain or increase the burn. These injuries might also occur when people are burning yard waste, branches or grass clippings on their own property.
Children's Hospital of Wisconsin states that 74% of camping injuries are caused by campfires. Furthermore, it notes that approximately 50% of those admitted to the hospital from these type of accidents are less than 4 years old. What this means is that people need to take special care with young children and campfires or bonfires.
Don't Get Burned-5 Things to Know About Fireworks in Wisconsin
By Attorney Steven McGaver
The Fourth of July is right around the corner, and fireworks stores across Wisconsin are gearing up for their busiest seasons. Before you buy your share of explosives, make sure you read these tips to make sure that your Fourth of July display isn't ruined by blue and red lights.
1. You don't need a permit to possess some types of fireworks - Wisconsin law allows the sale, possession and use of sparklers less than 36 inches long, stationary cones and fountains, toy snakes, smoke bombs, caps, noisemakers, confetti poppers with less than 1/4 grain of explosive mixture, and novelty devices that spin or move on the ground without any type of state permit. (Wis. Stat. §167.10(1). There is no age restriction on sale, possession or use of these devices, mainly because the law does not classify them as fireworks. Remember to check your local ordinances, as they may be more restrictive than state statutes and may prohibit any of these items or limit their sale or use.
Truck Driver Fatigue Accidents: Increased Safety Threat on the Road
The U.S. Department of Transportation reports that over 300,000 large trucks were involved in collisions in 2012 with 104,000 people injured as a result. This number of injuries was an 18 percent increase from the previous year. Injuries resulting from a truck driver fatigue accident can range from bruising and aggravated pain to severe injuries such as broken bones, and in certain instances, fatality. Safety on the road is the responsibility of every driver.
Traffic accidents involving commercial trucks typically occur as a result of one of the following:
- Poor driver performance;
- Violation of safety regulations;
- Distracted driving;
- Vehicle malfunction;
- Driver fatigue.
The Discovery Process in Personal Injury Cases
Many people have a mistaken belief that much of a lawyer's job is done during the trial, examining witnesses, talking to the jury, and convincing the judge that their side is right. While these skills are certainly important, focusing on them ignores all the groundwork that goes into a case before trial, and it ignores the fact that over 90 percent of cases settle without ever getting to a trial.
In fact, much of the work a lawyer does happens before the trial ever starts during the “discovery phase” of the lawsuit. During this phase the lawyers exchange information with each other to help both sides build the best case. This lets lawyers go into a trial in a way that avoids any surprises, and allows them to orchestrate the best case possible. This can be especially important in personal injury cases where one side often has much more information on what happened than the other.
Bad Weather and Traffic Accident Liability
Winter is coming, which means that inclement weather is on the way. According to the Federal Highway Administration, it also means a spike in traffic accidents. While Wisconsin drivers are familiar with driving in ice and snow, they may not be so familiar with the legal ramifications for it, particularly if there is an accident. Although many drivers are content to blame the increase in accidents during bad weather on the weather itself, the law is not so forgiving. Courts still often assign fault to one of the drivers in these traffic accidents, so it is important for drivers to understand their duties in bad weather.
Traffic Accidents during Bad Weather
The issue that many drivers face in bad weather is that they do not understand the difference between speeding and “excessive speed.” Speeding is a traffic violation that involves going faster than the posted speed limits. Those speed limits were designed with dry, clear weather in mind, so it is entirely possible to be going the speed limit and still be going too fast under the law.
Bike Accident Injuries in Wisconsin
Bicycles have become increasingly popular over the past decade as the cost of gas has risen and people have taken a more active interest in the health of the environment. In fact, according to statistics published by a bicycle industry magazine, bike sales have increased more than five percent over the past three years alone. While this increase in biking may be good for the planet, it can also pose a serious risk to pedestrians. Many pedestrians are not as careful watching for bikes as they are with cars, but bicycle-pedestrian collisions can still cause serious injuries. With more cyclists on the roads and sidewalks, it can be important for pedestrians to understand the dangers and know how to react.
Bike Accident Injuries
