Posts Tagged ‘Dangerous’

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Dallas Attorney On How All Parents Should Protect Children From Internet Predators.

April 26, 2010

Over the last decade, a bewildering assortment of laws have been passed recently to protect children from online pedophiles, Internet pornography, and advertisers. Some laws have been challenged and overturned; others have been upheld. Much of the proposed legislation never gets past the committee stage.

The bottom line is: The government is not going to protect your child. Thus, the purpose of this article is to urge you to abide by the checklist below to keep your children safe from predators.

Frightening Statistics Tell The Story: (According to the National Internet Safety Group “Protect Kids) –>

  • 6 Million American children between the ages of 6 through 17 years of age have their own personal Websites;
  • Only 1/3 of households with Internet access are proactively protecting their children with filtering or blocking software;
  • 75% of children are willing to share personal information online about themselves and their families in exchange for goods and services;
  • Approximately 25% of children who encountered a sexual approach or solicitation on the Internet have told a parent;
  • 1 out of 5 American teenagers who regularly log on the Internet say they have received an unwanted sexual solicitation via the Web;
  • 1 out of 33 children received an aggressive sexual solicitation within the past year (i.e. asked to meet the child somewhere, called on the phone, offered money or gifts, etc.);
  • 75% of the targets for online predators are age 14 or older. Another 22% are from ages 10 to 13;
  • 75% of children solicited online were not troubled children;
  • 10% of children solicited online did not use chat rooms;
  • Only 17% of children could name a specific authority, such as the FBI, CyberTipline or an Internet service provider, to which they could report and Internet crime;
  • Only 11% of parents could name a specific authority, such as the FBI, CyberTipline or an Internet service provider, to which they could report and Internet crime;

The following checklist is recommended to help protect your children:

  • Install software to filter out harmful Web sites;
  • Only provide child-safe search engines;
  • Never reveal, and make sure your child never reveals personal information online to anyone;
  • Do not share files with strangers;
  • Monitor children’s Web sites;
  • Avoid chat rooms; and
  • Consider spy software;

It is clear that the Internet provides a valuable service for our children, but it also poses great potential for danger. Parents must take appropriate precautions to keep children safe while using the Internet. We cannot rely upon our government to stop these Internet predators from harming our children.

If you have any questions or concerns regarding the foregoing, please contact our office at (972) 303-4529 or visit our website for other helpful tips in raising your children in today’s society www.TexasJusticeForAll.com.

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Dallas Product Liability Attorney On What You Can Expect In Defective Product Litigation?

April 26, 2010

Most of us use manufactured products every day to improve our physical health, mental health and to make life a little easier. We rely on these products to help us in the way that they are supposed to. Products are tested for safety before being placed on the market. However, sometimes products that reach the open market and consumers are not safe for use. When this happens, people may be injured. Injuries may be caused by products that were defective when manufactured, or they may be inherently unsafe for use. Manufactures have a legal duty to test their products and ensure their safety before they are marketed and made available to the public. If a product has risks, the manufactured also has a duty to warn the general public of any dangerous associated with use. If companies do not adequately test their products or do not produce them correctly, injuries may occur when consumers use them. If this is the case, the victim (or victim’s family) may have a claim for injuries and litigation may be appropriate.

Responsible Parties:

There are different types of products on the market and factual situations that may determine the party liable for injuries from defective products. If the product is medical in nature, the liable party may be the manufacturer, the physician who prescribed the medication or medical product or the pharmacist who administered the drug or medical device. For other types of goods, such as machinery, tools, toys and electronics, the product manufacturer may be responsible for the product defect. The product (or market good) may have been defective in design or in manufacturing. The company liable depends on at what point in the product’s creation the defective condition occurred. The company that designed the product may be different from the company that manufactured it.

Additionally, product manufacturers are mandated to test all products for safety and they must meet government safety requirements before a product may enter the flow of commerce. If testing reveals that a product has the potential for harmful side effects or injuries, the manufacturer has a legal duty to warn consumers of these risks.

Possible Legal Claims:

If a person has been injured as a result of using a defective product, he or she may have remedies at law. The causes of action available to an injured party may differ depending on the product, the severity/or type of injury and other specific facts of the case. Defective product cases will generally involve legal claims of personal injury or product liability. In some cases, there may also be a claim for wrongful death. In a personal injury case, the plaintiff (injured party) must prove to the court that the manufacturer had a legal duty to the consumer, that duty was breached, the breach of duty was the direct (proximate) cause of the victim’s injury and that the injury occurred.

In contrast, if the cause of action is for product liability, the plaintiff must prove that the product was either defective in design, defective when manufactured or that the product’s manufacturer know of harmful risks associated with the product and failed to warn potential consumers. In cases of wrongful death, the victim’s family must prove that their loved one’s death was cased by using the product. There may also be wrongful death cases where the company failed to warn consumers of dangers associated with using the product, or, in cases of medical drugs or devices, the doctor failed to warn the victim of potential risks. Other potential claims in defective product cases include fraud, negligence and/or breach of warranty. It is important to discuss your case with an attorney prior to defective product litigation.

If you or a love one has been seriously injured from a defective product, time is of the essence to preserve the evidence and you should contact an experienced product liability attorney that can help you seek justice in the most efficient manner possible. Please contact our office anytime for a free consultation or visit our website: www.TexasJusticeForAll.com.

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Scott Edgett, Garland Injury Attorney, on Tragic Interstate 30 Auto Accident

July 14, 2009

According to the Dallas Morning News, one man was killed and another was critically injured after they were struck by an SUV on Sunday, July 12th as they filled up their van which had run out of gas on a westbound Interstate 30 service road in Fort Worth.

Floyd Boortz, 78, and a 20-year-old man were filling up their tank near the Cherry Lane exit when a sport utility vehicle exited the highway and crashed into them at about 10 p.m., according to Fort Worth police.

The white van flew into the guardrail while the SUV hit a second vehicle, a Dodge sedan whose owner had stopped to help the stranded travelers, police said. Boortz died at the hospital about an hour later, according to the Tarrant County medical examiner’s office. The 20-year-old man was in critical condition according to police.

The 35-year-old SUV driver and the Good Samaritan were not injured, police said. A female passenger in the van was uninjured, and a 2-year-old boy also in the van was taken to the hospital as a precaution.

I offer my deepest condolences to the family and friends of Mr. Boortz during this tragic time. As for the other victim of this auto accident that survived this auto accident, I wish this victim the very best for a complete and speedy recovery.

In such types of serious interstate automobile accident cases it is important for the victims to consult an experienced civil litigation attorney, who can carefully examine and analyze the facts and determine whether there was any negligence or wrongdoing involved. I trust the local police department officials are looking into the motorist’s actions and how or why he collided with the other vehicles. Who had the right-of-way there? Was the motorist driving recklessly or under the influence? Was he or she distracted at the time of the car accident? All these are questions that need to be answered.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Garland, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Frightening DWI Statistics In Texas

June 8, 2009

In Texas, someone is hurt or killed in an alcohol-related automobile crash every 19 minutes. Even more astonishing, drunk driving claims an average of five lives each and every day here in Texas.

Drunk driving is a violent crime. In the United States, drunk driving crimes occur more often than any other crime. Approximately, every five (5) hours, someone is killed in an alcohol-related traffic crash in Texas.

Unfortunately, Texas continues to be among the national leaders when it comes to traffic deaths that involve alcohol. According to the National Highway Traffic Safety Administration, in 2004 in Texas, 1,642 motorists were killed in alcohol-related crashes, second to California by only a single death. In 2004, experts estimate that 70 Texans were injured or killed in alcohol-related crashes every day.

The Department of Public Safety reports that of the 98,349 drunk driving arrests made in Texas in 2004, 303 young people between nine and sixteen years old were arrested for drinking and driving. An additional 9,285 minors between ages 17 and 20 were arrested for driving under the influence. That means more than 11 percent of all the people arrested for drinking and driving were under 21 years of age, the legal age for alcohol consumption in Texas.

Recently, Texas has edged out California once again as the state with the most alcohol-related motor-vehicle fatalities and the highest number of fatalities with drivers over the .08% legal limit. However, these drunk driving statistics have shown improvement, but clearly not enough. In 1982, the highest number of alcohol related deaths were reported, when 2,801 of our fellow Texans died. The lowest numbers were reported in 2005, with 1,544. The percentage of traffic fatalities that were alcohol related was highest in 1982 also, with 66%. That percentage dropped to its lowest level in 2005 also, showing 45% of traffic fatalities as alcohol related.

In 2005 and 2006, out of all traffic fatalities, 39% involved a blood alcohol concentration (BAC) of 0.08 or higher, down from 61% in 1982.

As the hot summer days approach here in Texas, it is important to leave your automobile keys with a designated driver if you are going to drink any alcohol away from your home. Although these numbers are decreasing over the last few decades, the number of alcohol related fatalities and injuries in automobile are still quite frightening. Please be safe and don’t drink and drive!

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Texas Injury Attorney On The Hidden Home Dangers Of Tipping Furniture

June 2, 2009

Whether you have a baby learning to stand, an unsteady toddler trying to climb or a fearless preschooler who still doesn’t quite understand balance, furniture tip-overs are a real danger for kids.

Regardless of your child’s abilities and limitations, top-heavy furniture, TVs and appliances can tip over and seriously injure young children. There are many easy-to-install devices that anchor furniture to the wall, making furniture more stable and tip-over resistant. These devices are designed for dressers, wall units and anything your little explorer might try to climb.

I recommend the following safety tips to help prevent tip-over hazards:

  • If a piece of furniture is unstable or top-heavy, secure it to a stud in the wall using brackets, braces, anchors or wall straps. Large items such as TVs, microwaves, fish tanks, bookcases, heavy furniture and appliances can topple off stands and fall on children.
  • If possible, use a stand specifically designed for your TV as recommended by the manufacturer or place your TV on sturdy furniture appropriate for its size. Make sure both the stand and TV are properly secured to the wall and push your TV as far back on the stand as possible, out of your child’s reach.
  • If you have a newer, flat screen TV, make sure it’s properly anchored to the wall.
  • Read the manufacturer’s instructions for tips or warnings regarding placement of your TV or furniture.
  • Keep heavier items on lower shelves or in lower drawers.
  • Tie up loose cords, as a child pulling on an electrical cord, or tripping on one, could pull an appliance off a stand.
  • Don’t keep remote controls, candy, toys or other items that attract children on top of furniture, as your child might be enticed to reach for these items.
  • Supervise young children at all times.

As every parent knows, children love to play and sometimes think they’re invincible. Even if they can repeat your rules back to you, they may not recognize a hazard when they’re in a dangerous situation. Unless they’re properly secured to the wall, all pieces of freestanding furniture, large appliances or TVs have the capability of tipping over. It’s in your hands as a parent to make their environments as safe as possible.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Texas Injury Attorney On The Important Issues Regarding Child Car Safety Seats

May 20, 2009

Texas seat belt law states that all children under age of five (5) must be restrained in a child safety seat and that all infants must ride in rear-facing safety seats until they are at least 20 pounds and are at least 1 year old. These laws will likely be changed in 2009, if it is up to the Texas Legislature.

Notwithstanding the foregoing, it is important to know that all child safety seats are NOT created equal. Your child’s age and weight should dictate which type of child safety seat you choose for him or her. Here are the facts for 3 types of child car safety seats.

Rear Facing Seats:

According to the National Highway Traffic Safety Administration (NHTSA) and Texas seat belt law, infants should be kept in a rear-facing seat until they reach the age of 1 and are at least 20 pounds. Many families receive hand-me-down child safety seats from friends and family members. If this is the case, before using the seat, you should consult the NHTSA’s Child Restraint Recall Website at http://www-odi.nhtsa.dot.gov/cars/problems/recalls/childseat.cfm. This site has the details of every child safety seat recall since January 1990 and can prevent you from putting your child at risk.

Forward Facing Seats:

When your child has outgrown his rear-facing seat, you should upgrade to a forward-facing child safety seat. This seat should be placed in the car’s backseat whenever possible to prevent the seat from being struck by an airbag in the case of a car crash. Your child should ride in a forward-facing seat until he is around 4 years old and 40 lbs.

Booster Seats:

When the child outgrows his forward-facing seat, you should purchase a booster seat. The child should ride in a booster seat in the back seat until the vehicle seat belt fits him properly without the booster. Booster seats are designed to prevent injury from the seat belt in the event of an auto accident. When the lap belt lays across his upper thighs and the shoulder belt fits across his chest (usually when he turns 8 and is 4’9″), he can ride without the booster seat.

In conclusion, one of the most important things about your child’s safety seat is that it is properly installed. To do this, you have to be able to understand the instructions. The NHTSA puts out an annual report on the “ease-of-use” of every safety seat on the market. That list is available on the Internet at http://www.nhtsa.gov/portal/site/nhtsa/menuitem.9f8c7d6359e0e9bbbf30811060008a0c.

If you still have questions about the installation of your car seat after you read the manual, many local police and fire stations will check the car seat installation for you.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Garland, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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The Hidden Deadly Dangers Of Weight Loss Surgery

March 30, 2009

 

We live in a health and weight conscious society. One result of this new awareness has been a dramatic increase in the number of gastric bypass operations (also known as bariatric surgery) performed in the United States. Unfortunately, due to surgical errors and other types of medical negligence a number of gastric bypass patients suffer serious personal injuries from these surgeries each year.

According to the Center for Disease Control and Prevention, obesity has dramatically increased in the United States during the past 20 years. As waistlines continue to expand in this country, so do the number of dieters desperate to lose weight. A recent article published in the Boston Herald revealed that the number of bariatric surgeries, (also known as gastric bypass surgery) has quadrupled since 2000 to 171,000 in 2005, according to the American Society of Bariatric Surgery and the number keeps growing.

The American College of Surgeons is currently working on a program that will certify certain hospitals as “centers of excellence” for bariatric surgery. Hopefully, this will help reduce the number of complications and deaths resulting from weight loss surgeries in the United States. Current complications from gastric bypass surgery range from minor to major and include blood clots to the lungs, bowel leakage at the operation site, peritonitis and hernias. Tragically, these complications can and sometimes do lead to death.

Several types of gastric bypass operations are currently being performed in the United States. These include adjustable gastric banding (lap band surgery) and Roux-en-Y (stomach stapling). Another type of surgery, vertical banding, has for the most part been abandoned by contemporary surgeons.

Gastric bypass the most common form of weight loss surgery in the United States because it results in reliable weight loss. In gastric bypass surgery, the surgeon staples off a large section of the stomach, leaving a tiny pouch. Patients can’t eat as much as they used to before the surgery. The small pouch can only accommodate a few ounces of food at a time, resulting in weight loss.

Since 1997, the Center for Obesity Surgery has been performing a laparoscopic gastric bypass procedure. In this type of surgery, surgical instruments are inserted through small incisions rather than a large one. The patient benefits include a faster recovery time, a lower risk of hernia, and less scarring.

As with any surgery, gastric bypass surgery can have immediate and long-term complications and risks. Some of possible risks can include:

  • Bleeding;
  • Complications due to anesthesia and medications;
  • Deep vein thrombosis;
  • Dehiscence (separation of areas that are stitched or stapled together);
  • Infections;
  • Leaks from staple liens;
  • Marginal ulcers;
  • Pulmonary problems;
  • Spleen injuries;
  • Stenosis (narrowing of a passage such as a valve); and/or
  • Death.

Researchers at the University of Washington found that 1 in 50 people die within one month of having gastric bypass surgery, and that figure increases nearly five times if the surgeon is inexperienced.

Knowing how to distinguish between a bad outcome due to negligence and a bad outcome because of an unintended, but known and accepted risk of surgery, can only be determined by a review of the records by an experienced personal injury attorney and a qualified surgeon.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.