Articles Posted in Health & Safety

12-Year-Old Boy Fatally Injured in Gastonia Rock Wall Climbing Accident.

12-Year-Old Boy Fatally Injured in Gastonia Rock Wall Climbing Accident. (WSOCtv.com)

Did safety negligence contribute to the tragic loss of a young boy and are justice and compensation available to his family?

Gastonia News

A 12-year-old boy has tragically died after falling from a climbing feature at a trampoline park in Gaston County, North Carolina Wednesday night, June 19, 2019, according to WSOCtv.com.  Fox46Charlotte.com is reporting, “[t]he accident occurred…as the child was climbing a rock wall at [a] Trampoline Park located at 3940 E Franklin Blvd. in Gastonia.”  Per the report, “[a]ccording to the 911 call log with Gaston County…the child was breathing abnormally after falling about 15 feet from the wall.”  The boy was rushed to Levine Children’s Hospital in Charlotte, but was sadly unable to revover from his injuries.  Fox46Charolette.com has identified the young child as “Matthew Lu.”

“There are several states that regulate trampoline parks or have proposed such action, but North Carolina is not one of them,” according to WSOCtv.com. Fox46Charlotte.com is reporting, “according to the NC Department of Labor, trampoline parks are excluded from the Amusement Device Safety Act and therefore are not regulated by the NCDOL, Elevator and Amusement Device Bureau.”

The investigation is ongoing according to the media outlets.

Our Legal Take

Entertainment complex patrons have a right to feel safe and secure while on the premises. The Murray Law Firm questions the level of safety provided on the property and whether this tragedy may have been prevented.

  • Have there been prior injuries on the property?
  • Was the victim secured in a climbing harness and, if so, was it properly secured prior to the accident
  • Was there a sufficiently padded mat at the base of the climbing wall?
  • Was there a medical emergency protocol in place and, if so, was it followed by employees?
  • What inspection protocol does the establishment have for its entertainment features?

Generally, property owners are required to protect all those legally on the premises from any foreseeable harm. Should the facts of this matter reveal that the business owner or management failed to provide adequate safety and procedures to protect those on its premises, the family of the young Mattew Lu may seek justice and elect to pursue legal claims for their loss.  

Based upon its prior successful experience in handling safety negligence claims on behalf of victims and their families, The Murray Law Firm suggests that photographs and a thorough, unbiased inspection of the property will need to be performed immediately, before any evidence may be repaired, damaged or destroyed. Given the complexities of pursuing a negligent safety case, it is imperative that the victim’s family retain an experienced attorney who can ensure the preservation of any and all evidence that may support such a claim.

OUR RESULTS

The Murray Law Firm has an extensive and successful record representing victims of safety negligence, including at entertainment complexes that cater to families and young children.  We have obtained over $100 Million in verdicts and settlements for our Clients, including a $29.25 million dollar verdict for a victim of an unsafe property. We offer our legal assistance, if desired.

We represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover.  Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at 888.842.1616. Consultations are free and confidential.

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DISCLAIMERS:  The information contained in this post is from secondary sources and may therefore contain inaccuracies. We will gladly correct or remove this post upon request.  The material contained in this post is not intended to constitute legal advice. As each Client is unique, please contact us for a free consultation on your particular case.  “Contingent attorneys’ fees” refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

Kiersten Symone Smith Fatally Injured, 5 other injured victims in Dallas Crane Collapse.

Kiersten Symone Smith Fatally Injured, 5 other injured victims in Dallas Crane Collapse. (KIRO7.com)

Was safety negligence or an equipment malfunction a factor in this tragic loss of life and could it have been prevented?  Read ‘Our Legal Take’ below to find out if Ms. Smith’s family may have legal avenues for justice and claims for substantial compensation.

Dallas News

A construction crane collapsed on a Dallas, Texas apartment building during a violent wind storm Sunday, June 9, 2019, killing one woman and injuring 5 other people. According to DallasNews.com, “[i]nvestigators with the federal Occupational Safety and Health Administration were working with Bigge Crane and Rigging to figure out how to remove its fallen apparatus and determine what caused the accident.” Latimes.com is reporting, “[t]he crane fell around 2 p.m. as storms ripped across parts of Oklahoma and Texas, bringing high winds, heavy rain and hail that flooded streets and caused power outages.” 5 people were injured, “[t]he 29-year-old woman who died has been identified as Kiersten Symone Smith,” DallasNews.com is reporting.

Per news reports, the owner of the crane has allegedly been cited for violations in the past.  According to DFW.CBSlocal.com, “[i]n the past decade, OSHA has cited the…owner of the crane that collapsed killing a woman in Dallas Sunday, with 17 safety violations.”

Read Our Legal Take below to learn whether Kiersten Smith’s family, as well as any other injured victims, may have an avenue to justice.

Our Legal Take

Moving large, heavy loads is crucial to today’s manufacturing and construction industries. Much technology has been developed for these operations, including careful training and extensive safety  precautions and procedures. When operated with a focus on safety, cranes are vital pieces of equipment. When they’re used or maintained carelessly, they can be a serious hazard to people and property. The Murray Law Firm questions the safety measures provided by the owner of the crane, and whether this tragic incident may have been prevented. Relevant factual and legal inquires include, but are not limited to:

  • Was the crane installed properly?
  • Was the crane properly prepared for a severe weather system?
  • Was the crane up to date on certifications? 
  • Were operating functions checked daily to ensure that everything is working properly and that there are no defects or cracks in the support members?
  • Were any attempts made to service, repair, or replace the crane prior to the incident?

Generally, crane owners are required to protect all from any foreseeable harm. Should the facts of this matter reveal that the crane owner failed to provide adequate safety measures to protect individuals from foreseeable harm, the family of the Kiersten Symone Smith may seek justice and elect to pursue legal claims for her wrongful death.  In addition, any other injured victims may seek justice and elect to pursue legal claims for their injuries and suffering.

Based upon its prior successful experience in handling safety negligence claims on behalf of victims and their families, The Murray Law Firm suggests that photographs and a thorough, unbiased inspection of the property will need to be performed immediately, before any evidence may be repaired, damaged or destroyed. Given the complexities of pursuing a negligent safety case, it is imperative that Kiersten Symone Smith’s family and any other injured victims retain an experienced attorney who can ensure the preservation of any and all evidence that may support such a claim.

OUR RESULTS: OVER $100 MILLION IN VERDICTS AND SETTLEMENTS

The Murray Law Firm has a long history of representing victims of safety negligence.  We have obtained over $100 Million in verdicts and settlements for our Clients, including a $29.25 million dollar verdict for a victim of an unsafe property. We offer our legal assistance, if desired.

We represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover.  Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at 888.842.1616. Consultations are free and confidential.

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Choosing the Right Attorney (Click Here)

DISCLAIMERS:  The information contained in this post is from secondary sources and may therefore contain inaccuracies. We will gladly correct or remove this post upon request.  The material contained in this post is not intended to constitute legal advice. As each Client is unique, please contact us for a free consultation on your particular case.  “Contingent attorneys’ fees” refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

Selecting the right attorney for you or your family is highly important. You must feel confident that the attorney you hire has a complete understanding of the law applicable to your particular case, and has successful experience in handling such cases.

Important: Do not hire a lawyer who has violated the Rules of Professional Conduct!!!

You should not hire an attorney who calls you or visits you unsolicited, or anyone that contacts you directly to offer legal services. This activity is strictly prohibited by Rule 7.3 of the American Bar Association (ABA) Model Rules of Professional Conduct, which states as follows:

ABA Center for Professional ResponsibilityA LAWYER “SHALL NOT” CONTACT A PROSPECTIVE CLIENT THROUGH A “LIVE TELEPHONE” OR AN “IN-PERSON” VISIT.

– RULE 7.3, ABA MODEL RULES OF PROFESSIONAL CONDUCT.

If an attorney, or someone acting on behalf of an attorney, contacts you in this manner, that attorney is in violation of this Rule. This unethical and unprofessional activity on the part of the lawyer is good sign that you should stay away. It is imperative that you are represented by an attorney who is capable of advocating for you within the confines of the law, and an attorney who fails to abide by the Rules of Professional Conduct is probably not the best fit. In fact, any such attorney should be immediately reported to the local State Bar Association. If you have been contacted in such an unsolicited manner, contact us and we’ll assist you in filing a report.

DISCLAIMERS:
The information contained in this post is from secondary sources and may therefore contain inaccuracies. We will gladly correct or remove this post upon request. 
 
The material contained in this post is not intended to constitute legal advice. As each Client is unique, please contact us for a free consultation on your particular case.
 
“Contingent attorneys’ fees” refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

Escalators-258x300Thousands of families will flock to malls this holiday season. While it can be a magical experience for children, festive store displays and bustling crowds can create or compound risks for young shoppers. Parents Magazine urges families to consider the following mall safety strategies:

Store Display Safety Strategy:

  • Play it safe — don’t let your child poke around displays and platforms. “Not all stores secure their mannequins and displays,” says Denise Dowd, M.D., chief of injury prevention at Children’s Mercy Hospitals and Clinics, in Kansas City, Missouri. “That means they can easily topple over.”
  • Discourage exploration. Your child may think that crawling underneath a display or clothing rack is tons of fun, but she could accidentally pull the whole thing down on top of her. Don’t let her reach for anything on a table above her sight line either — she might knock over heavy objects or cause the table to tip over.

Shopping Cart Safety Strategy:

  • Keep your kid out of the basket. Buckle her into the fold-down seat of the cart instead (just make sure the safety belt works).
  • Never allow your child to ride on the side or back of the cart.
  • Don’t place your baby carrier on top of the cart. The weight of the carrier may make it tip over.
  • Always stay within arm’s reach of your child when you go shopping — it only takes a second for her to fall or a cart to tip while your back is turned.

Escalator Safety Strategy:

  • Hold your child’s hand so you can guide him on and off the escalator and make sure that his fingers don’t get stuck in the gaps of the escalator’s handrail.
  • Tell your child to stand still and face forward. If he sits on the steps, his fingers and feet are closer to the escalator’s rotating parts.
  • Got a stroller? Take the elevator instead.
  • Check your child’s clothing. Make sure his shoelaces are tied, and don’t let him drag his coat or scarf on the ground….If your child gets stuck, hit the escalator’s emergency stop button (it’s usually at the top and bottom of the escalator), or yell at someone to do it for you if you aren’t near it.
Elevator Safety Strategy:
  • Never try to stop the doors from closing with your arm, foot, bag, or stroller.
  • Mind the gap. Make sure that the elevator is level with the floor before you exit. Your child could trip, or his foot could get stuck in the gap.
  • Stand at the back of the car if possible. Never let your child touch or lean on the elevator doors — that’s where most injuries happen.

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AutumnFamily-200x300As families prepare Halloween trick-or-treating plans and costumes, SafeKids Worldwide stresses the importance of also preparing safety strategies:

Walk Safely

  1. Cross the street at corners, using traffic signals and crosswalks.
  2. Look left, right and left again when crossing and keep looking as you cross.
  3. Put electronic devices down and keep heads up and walk, don’t run, across the street.
  4. Teach children to make eye contact with drivers before crossing in front of them.
  5. Always walk on sidewalks or paths. If there are no sidewalks, walk facing traffic as far to
    the left as possible.  Children should walk on direct routes with the fewest street crossings.
  6. Watch for cars that are turning or backing up. Teach children to never dart out into the street or cross between parked cars.

Trick or Treat with an Adult

  1. Children under the age of 12 should not be alone at night without adult supervision. If kids are mature enough to be out without supervision, they should stick to familiar areas that are well lit and trick-or-treat in groups.

Keep Costumes Both Creative and Safe

  1. Decorate costumes and bags with reflective tape or stickers and, if possible, choose light colors.
  2. Choose face paint and makeup whenever possible instead of masks, which can obstruct a child’s vision.
  3. Have kids carry glow sticks or flashlights to help them see and be seen by drivers.
  4. When selecting a costume, make sure it is the right size to prevent trips and falls.

Drive Extra Safely on Halloween

  1. Slow down and be especially alert in residential neighborhoods. Children are excited on Halloween and may move in unpredictable ways.
  2. Take extra time to look for kids at intersections, on medians and on curbs.
  3. Enter and exit driveways and alleys slowly and carefully.
  4. Eliminate any distractions inside your car so you can concentrate on the road and your surroundings.
  5. Drive slowly, anticipate heavy pedestrian traffic and turn your headlights on earlier in the day to spot children from greater distances.
  6. Popular trick-or-treating hours are 5:30 p.m. to 9:30 p.m. so be especially alert for kids during those hours.

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Hundreds of Miami Northwestern High School students held a peaceful walkout to protest gun violence following a Liberty City apartment shooting, which claimed the lives of two of their classmates and left two others injured.

According to CBS Miami, “The students are angry and upset about continuing gun violence in their neighborhood, which took two more lives Sunday including 17-year-old Northwest Senior High student Kimson Green and former student Ricky Dixon, 18….Another Northwestern High 12th grade student and an unidentified fourth person both survived.”

The young victims were apparently sitting on the lawn outside a row of apartments when gunfire erupted. The tragedy is part of “an escalating wave of violence” in the community, per CBS Miami reports.

Preventing Youth Violence

The CDC has released a group of strategies to help communities and states sharpen their focus on prevention activities with the greatest potential to prevent youth violence and its consequences. Read the full report here.

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(CDC)

Victims of Miami Apartment Violence: Know Your Rights

Families should not be afraid in their own homes. While community leaders and law enforcement work to end violence in the Liberty City and Brownsville neighborhoods, local apartment owners must do their part to deter crime and protect residents. Apartment residents and guests have a right to be safe and secure while on the premises.  By law, apartment owners and management companies have a duty to protect residents from any foreseeable harm. For example, should an apartment owner have knowledge of prior violence and criminal activity in the surrounding area, they must take reasonable steps to protect residents and deter future crime. Additional security measures may include gated-entry, fencing, bright lighting, security patrols, surveillance cameras, emergency call boxes, and off-duty police patrols. Should a property owner fail in this critical duty, they may be held civilly liable for any injuries or deaths which occur as a consequence.

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Gym parking facilities present inherent security challenges as they often operate during dark, early morning and late night hours. Further, gym parking facilities frequently occupy a large space with low levels of activity and numerous hiding places for would-be attackers. While gym and parking facility owners are required by law to protect patrons from any foreseeable harm, Montgomery Chief of Police and former Secret Service agent, Jim Napolitano, urges patrons to take security precautions of their own.

KPRC Channel 2 asked Chief Napolitano to show patrons:

What To Do If Someone Is Waiting for You In the Gym Parking Lot

https://www.legal-chronicle.com/files/2018/05/Screen-Shot-2018-05-07-at-1.20.55-PM-1024x674.png

(Video: KPRC 2)

Chief Napolitano’s Top 4 Safety Tips for Parking Lot Safety:

  1. Check your surroundings.
  2. Keep a safe distance between you and strangers.
  3. Create a path for movement.
  4. If it doesn’t feel safe, go back inside. Don’t go to your car.

Victims of Gym and Parking Facility Violence: Know Your Rights

Gym and parking facility patrons have a right to feel safe and secure while on the premises of the establishment they are visiting. By law, property owners are required to protect all patrons legally on the premises from any foreseeable harm. For example, should a gym owner have knowledge of prior violence on or near property, they have a responsibility to implement additional security precautions to protect patrons and deter such crime. Should a gym owner fail in this critical responsibility, they may be held civilly liable for any injuries or wrongful deaths which occur as a consequence.

Can I Afford an Attorney?

Our Clients frequently come in concerned that they won’t be able to afford legal help. We believe everyone has a right to exceptional legal service. We represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover. This means our interests are always tied to that of our Clients. Be sure to ask any potential personal injury attorney about their fee schedule and whether they represent Clientele on a contingency basis before signing a contract.

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Did a security failure contribute to the death of this young Houston mother?

Apartment security measures may be subject to question after a reported shooting tragically claimed the life of, 29-year-old Houston mother, Tiffany McKnight Sunday morning, April 22, 2018.

According to ABC 13, gunfire erupted outside Ms. McKnight’s apartment “in the 2000 block of Reed Road.”  CBS 46 reports, Ms. McKnight “was returning home from the grocery store when [the suspect] approached her and asked to use her phone.” The assailant apparently “dragged [Ms. McKnight] out of her vehicle and shot her multiple times” before fleeing the scene. Sadly, family members told media Ms. McKnight leaves behind a 9-year-old son.

Did negligent security contribute to this senseless loss of life? We represent individuals and families who have suffered a tragic loss or injury as a consequence of negligent property security. Read Our Legal Take below to find out if Tiffany McKnight’s family may have a legal avenue for justice and claims for substantial compensation in Texas, or call now for a free consultation with our legal team: 888.842.1616.

Our Legal Take

Apartment residents and guests have a right to feel safe and secure while on the premises. The Murray Law Firm questions the level of security provided on the property and whether this tragedy may have been prevented.

  • How did the assailant gain entry to the property? What security measures, such as gated-entry, fencing, surveillance cameras, and security patrols, were in place to deter crime and protect Ms. McKnight at the time of the assault? 

Generally, property owners are required to protect all those legally on the premises from any foreseeable harm. Should the facts of this matter reveal that the apartment complex owner or management company failed to provide adequate security to protect those on its premises, the family of Tiffany McKnight may seek justice and elect to pursue legal claims for her wrongful death.

Based upon its prior successful experience in handling security negligence claims on behalf of victims and their families, The Murray Law Firm suggests that photographs and a thorough, unbiased inspection of the property will need to be performed immediately, before any evidence may be repaired, damaged or destroyed. Given the complexities of pursuing a negligent security case, it is imperative that the victim’s family retain an experienced attorney who can ensure the preservation of any and all evidence that may support such a claim.

We’ve Recovered Millions for Victims of Apartment Security Negligence…Contact us Now for a Free Consultation.

Headline Frame Fox News DeskThe Murray Law Firm has an extensive and successful record representing victims of violence and security negligence. We have recovered millions of dollars for our Clients, and recently obtained a $29.25 million dollar verdict for a victim of an unsafe property. We offer our legal assistance, if desired.

We represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover.  Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at 888.842.1616. Consultations are free and confidential.

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A deadly shooting outside an Albuquerque laundromat tragically claimed the life of Cody Fair Saturday, April 14, 2018, per KRQE reports.

The incident underscores the critical need for all parking lot and laundromat owners to provide a safe and secure premises for their patrons.

Industry experts with Coinomatic urge laundromat owners to take a proactive approach to customer and employee safety by:

  • Communicating with local law enforcement and business owners and monitoring crime mapping sites
  • Installing surveillance cameras and alarm systems
  • Keeping windows unobstructed and premises (inside and out) brightly lit
  • Implementing a credit card or smart card laundry vending system to reduce cash flow on property
  • Providing employees workplace violence training

Patron Rights and Property Owner Responsibility

Parking lot and laundromat patrons have a right to be safe and secure while on the premises of the establishment that they are visiting. By law, property owners have a duty to protect patrons from any foreseeable harm.

Laundromat owners are encouraged to implement property security precautions and preventative measures, such as those outlined above, to protect patrons and reduce property violence, injuries and deaths.

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