Defective Tire Lawyer
Our Attorneys Can Help You Recover Following a Car Accident Due to a Defective Tire
Some people might say the most important part of a car is the engine. Others might argue it’s the transmission, while still others may claim it’s the braking system. But it’s hard to argue that, from a safety standpoint, the most vital component of a car is the tires. After all, it’s the only part of the vehicle designed to come in contact with the road. If you have any sort of problem with your tires, a devastating accident can occur that can change your life and the life of those in other cars you may come in contact with.
Automobiles that suffer a tire blowout while cruising at 60 miles an hour or faster on the highways can cause massive injuries or even death. Any property damage that may take place can also be significant.
From a legal perspective, there are many varieties of automobile accidents. Those that involve a rollover are typically caused by a blowout of a defective tire. This type of accident differs in several ways from other kinds of truck or car wrecks, so they are litigated in a somewhat different fashion than “normal” car accidents. You should enlist the assistance of a defective tire lawyer who knows the subtleties and intricacies involved in rollover accident litigation so that you have the best chance possible for getting just restitution for any losses you incur as the result of such an accident. Doing so will not only give you the best chance at obtaining fair compensation, but it will also hold responsible those who played a role in causing it.
Rollover accidents differ from typical car wrecks due to the extent of property damage and injuries that can occur as a result. Many times, debilitating injuries and deaths are commonplace in this kind of occurrence. It is imperative that you have a seasoned accident liability attorney on your side because many insurance companies will try and make you an insulting settlement offer. Others will try and flat-out deny your claim. You not only need to employ the services of a defective tire lawyer, but you also need to do it quickly. If you hesitate, you will likely be unable to combat the efforts of the insurer to deny your claim. Plus, there are many other nuances of rollover accident litigation that make it almost impossible for someone with limited or no legal experience to win. An experienced attorney can help you win your case and get you the just compensation you deserve for the injuries and expenses you’ve incurred as a result of the accident.
The Difference Between Rollover Accidents and Other Automobile Accidents
Normally, there are significantly more potentially responsible parties concerning a rollover accident than there are in the typical car wreck. When defective tires are the cause of the rollover, the tire manufacturer could be partly to blame. There is also the chance, however, that the tire or tires failed because of several combined factors. Some of these factors include:
Inadequate mounting or installation of the tires, either at the time the car was purchased or during maintenance by a mechanic or other automobile service technician.
The tires might have been inadequately maintained.
The tire that was mounted to the car may not have been appropriate for the car’s specifications. If this proves to be the case, the car’s manufacturer, or the dealer or individual who sold you the car, could bear a portion or the entirety of the liability.
There are many other factors that could have played a role in causing the rollover accident. All potential factors must be considered, and then the appropriate degree of liability has to be assigned to each responsible party. In order for this to be possible, a very thorough investigation of every single factor that might have contributed to the failure of the defective tire has to be examined in detail.
In the early 2000s, there was a high-profile investigation involving a rash of Ford Explorer rollovers that were blamed on Firestone tires. The media interest, in this case, was intense, and many outlets pointed an accusatory finger at Firestone. However, the ensuing investigation found that no one reason for the rollovers could be determined. Rather, there were several different liable parties. First, the investigation determined that the Ford Motor Company had done an inadequate job of establishing tire specifications for Explorers, resulting in the mounting of mismatched tires on the vehicles. After the vehicles were brought to market, several other factors combined that led to the rollovers, such as improper maintenance and inaccurate tire inflation specifications. This story is an example of how several entities responsible for the design, selection, manufacture, installation, or maintenance of tires can share blame and liability for a rollover accident that leads to an injury. Thorough investigations, however, can result in the vehicle manufacturer also being held liable. The following is a list of a few of the causes of the Explorer/Firestone rollovers that were applied to Ford and can be assigned to other vehicle manufacturers in the event of a rollover accident. Some of these include:
Design of the suspension of the vehicle in terms of its rollover resistance when empty or loaded.
A vehicle’s crashworthiness. Some vehicles are better at protecting occupants in the event of a rollover crash than others. There are some instances where a car’s seat belts proved to be malfunctioning at the time of a rollover.
The effectiveness of supplementary safety equipment like airbags can sometimes come into question.
There are a variety of other factors that can often be uncovered once a detailed investigation of a rollover accident is concluded.
Tires are Built to be Durable, but that Doesn’t Mean they Always Are
The advanced technology found in today’s tires makes them a lot more complex than you may believe. Many people think of a tire only as a balloon made of rubber that keeps your car in contact with the street. A tire, however, is a lot more than just a round piece of rubber with a hole in the center of it. Tires are a critical component of any type of motorized vehicle, and they are made up of a wide range of materials that are combined through the process of vulcanization, otherwise known as heat treatment. Not only do they have a complex molecular structure, but there is also a lot more going on inside a tire than you might think.
The next time you’re riding down a highway, or on a side street filled with potholes, give some consideration to your tires. Dealing with potholes is extremely rough on a tire; factor in the wear and tear you put on your car’s tires when you have to brake suddenly, or you suddenly have to swerve, and it will become apparent to you just how hard it is for a tire to do its job. But if a tire is properly manufactured and maintained, it is extremely durable and performs in a magnificent fashion.
Typically, a vehicle contains four springs that are the main components of the suspension system. Your four tires are often grouped together and known as the “fifth spring” because they absorb and release energy. The following portion is a bit technical, but bear with us; this information is important to understanding just how your tires operate. Your car’s suspension has springs that have a fixed spring rate; your tires, however, do not. If a tire is performing the way it should and is in good shape, it’s said to be acting like a “good spring.” Tires performing in the right manner keep your car from rolling, to lean, or “yaw” when you take a corner or make a lane change. Defective tires, on the other hand, perform in the manner of a “bad spring.” When this happens, the handling of your car can be affected in a significantly negative way. When you make a turn or change lanes on bad tires, you may feel that your car seems “soft” or “mushy,” especially if you have to make a quick action like swerving to avoid something in the road. If your tires feel this way, your car may be much more likely to experience a rollover.
The point at which your tires come in contact with the road is referred to as the “contact patch.” Due to the weight of your vehicle, the tires become pressed into a flat spot at the contact patch. Tires bend at the edges in reaction to a road’s surface. As that occurs, the part of the tire that contacts the road becomes flat instead of round. This causes compression energy that is released into your tires in the form of heat. It’s a function of basic physics – energy released in this manner turns into heat. And in your tires can be found an extremely large amount of heat.
The heat generated by compression energy combines with other forms of heat generated by friction. Combine this heat with, say, cruising down the freeway on a 105-degree day, and you get even more heat your tire has to endure. All of this heat can significantly alter the structure of your tires. We all know how hot it can get in Texas on a summer day. After you drive around for an hour or so on one of those blistering days when you get back home touch one of your tires. It’ll take a fraction of a second to pull your hand away because it’s almost like touching a hot oven surface.
This slice of Tire Physics 101 was brought to you because it’s important for you to realize the various characteristics possessed by tires, how they are designed for durability, and how inadequate mounting or maintenance can result in defective tires. All of these factors, in conjunction with the possibility that the tires attached to your car might not conform to the manufacturer’s specifications, and you can see how easily a rollover accident can occur.
Think about all of the torture your tires have to endure, and then think about the fact that tires are the only part of a car designed to come in contact with a roadway. Those contact patches only average a mere four cubic feet. Think about all of that, and hopefully, you’ll begin to get a clear realization of just how vital your tires are to the safe handling of your vehicle. The manufacturer of your car is charged with the immense responsibility of conducting incredibly detailed research in order to accurately identify the correct type of tire for that particular automobile. Quite a few rollover accidents have been caused by manufacturers establishing inadequate tire specifications for the car involved. This could very well have been the case regarding your accident.
Complications Involved with Defective Tires and Rollover Accident Cases
Rollover accidents that occur due to defective tires usually begin as product liability litigation. To be successful in this kind of a case, you (known as the plaintiff in legal terms) and your attorney must satisfy the burden of proof in compelling a judge or jury to believe that either one entity or a combination of several entities committed negligence and caused the accident. These potentially responsible parties can include the automobile manufacturer, the company that manufactured the tire, and anyone who performed maintenance on your car’s tires. This can be the mechanic at the small shop around the corner or the technician at the big automotive chain store. More than likely there will be a significant number of defendants in your case, which will make it extremely complicated. That’s one of the many, many reasons why it is critically important for you to have an experienced defective tire lawyer working on your behalf to protect your rights and help you obtain the just compensation you deserve for the injury you’ve experienced and the losses you have incurred as a result.
It was mentioned previously that rollover accidents can cause debilitating and disabling injuries some people have to deal with for the rest of their lives. And, these kinds of accidents can also be fatal. The stakes in these kinds of cases are high, as well as the emotions, considering the multiple numbers of defendants and all the intricacies and complexities surrounding the case. As a result, the process can start out as professional and cordial, and then quickly devolve into contentious and stressful litigation.
The defective tire lawyers with our Law Office, when hired, will immediately begin a painstakingly detailed investigation of your accident. Physical evidence at the scene of an accident can be quickly altered, so it is vital that you hire a lawyer as fast as you possibly can in order to preserve the evidence necessary for you to win your case.
Part of this investigation is comprised of detailed research into the history of both your tires and your automobile. Experts who know tires and the nature of rollover accidents must be consulted; anyone who worked on your tire has to be identified and interviewed. There are several forms that have to be completely and accurately filled out. Motions have to be filed and argued. And this all has to take place just to eliminate the parties that did not play any role in the accident so that justice can be pursued against those that did play a role.
As hard as your legal team will be working to get you the restitution you have coming, you can bet the opposition will be working just as feverishly to deny your claim. There will likely be several defendants in your case, and they will all view you as the enemy. Because of this, they will combine forces in an effort to defeat you. They will compare the vast array of notes they have taken and seek out any potential weak spots in your case. They will do whatever is necessary to assemble the most formidable defense they can. This is where the experience of our Law Firm can help you the most. We have tried many cases involving rollover accidents caused by defective tires, and we are extremely familiar with all of the intricacies and complexities involved. And we can also handle all of the tricks and tactics the opposition will employ in an effort to destroy your case.
Damages in a Defective Tire Rollover Accident
It’s important to note that the term “damages,” from a legal perspective, doesn’t mean actual damage to a person (like a broken arm) or to damage (like a broken windshield). Rather, it refers to the monetary value assigned to whatever losses you may have incurred. From a legal standpoint, there are two types of damages recognized by law in the State of Texas when it comes to cases involving personal injuries. They are general damages and special damages. General damages do not come with a set financial value; they are variable and, to some degree, somewhat a matter of opinion. There are myriad examples of general damages, but a few of the more familiar ones are pain and suffering, mental anguish, physical impairment, injury to the plaintiff’s reputation, and disfigurement.
Here is one example of the subjective nature of general damages. Think about a rollover accident where two victims are involved, and the vehicle they are in explodes as a result of the accident. Both victims experience significant burns, but one of the victims is knocked out during the wreck. The unconscious victim was burned just as badly, but he did not suffer the incredible amount of pain experienced by the other victim. Both victims suffered the same extensive injuries, both with incur about the same amount of medical expense to treat those injuries, and both will have to undergo the same kind of physical rehabilitation. But they experienced a different level of pain and suffering as a result of the explosion – obviously, the victim who was not knocked out went through a lot more agonizing pain than did the one who was knocked unconscious. As a result, there will probably be a significant difference in the amount of monetary damages to which each victim will be entitled.
General damages are also subjective because everyone goes through experiences in a different manner and are affected in different fashions by different occurrences. To illustrate this, consider the case of a 19-year-old model who has just started her career. She suffers major cuts to her face because of a rollover accident; the scars that will eventually result from those cuts will be with her the rest of her life. In her case, she would be much more affected by being disfigured than would a 50-year-old janitor. Many people don’t care about how other people think about the way they look. On the other hand, many other people care a great deal about how people judge their appearance. There are other instances where a person’s reputation could be injured, and a lot of people find damage to their reputation just as traumatic as a disfiguring injury.
Special damages, on the other hand, are also called economic damages and are much more tangible. They have a specific monetary value attached to them. Examples of the many variations of special damages include past, present, and future medical expenses, lost wages, the loss of present and future earning capacity, property damage, and court costs.
Here’s a scenario of special damages. A 40-year-old carpenter is a plaintiff in this case, and let’s say he makes $60,000 a year. However, he had to have an arm amputated as a result of injuries he sustained in a rollover accident that was caused by a defective tire blowout. The job of a carpenter obviously requires an immense amount of work that can only be performed with two healthy arms, and this man can’t perform his job any longer. He spent years developing his craft, and he can’t do it anymore. He probably would have stayed in the profession another 25 years, give or take, so he will lose a huge chunk of potential earning capacity. By law in Texas, he has the right to try and collect $1.5 million in damages due to the loss of his potential future earning capacity. This amount will be added to any other specific or general damages involved with his case.
There is a huge difference, however, between being entitled to pursue damages and proving in a court of law that you deserve them. Convincing a significant number of defendants to give you a fair settlement so that all parties involved can avoid a trial is an entirely different matter. You have no guarantee that you will be successful in your case, and that is especially true if you don’t have the experienced defective tire lawyers of our Law Office working to get you the compensation you deserve.
Legal Avenues in Fatal Rollover Accidents
It takes a significant amount of experience and sophistication in order to properly determine and calculate the amount of damages a plaintiff is entitled to seek in a personal injury or wrongful death lawsuit. Experienced attorneys know how to properly appraise a case and maximize the amount of compensation an immediate family member or surviving spouse can attempt to obtain by pursuing wrongful death litigation.
There are basically two reasons for wrongful death lawsuits. The first is an attempt to garner just compensation for the loved ones of the deceased accident victim, and the second is to attempt to prevent a similar accident from occurring in the future by compelling those parties whose negligence led to the accident to change their policies and procedures. Civil law in Texas states that a defendant can, through a civil lawsuit, be held financially responsible for a death, even if the defendant is not found to be legally responsible for the death. If a party is facing criminal charges associated with a death, a civil lawsuit can also be filed against that party.
Sometimes, while conducting an investigation regarding civil litigation in wrongful death, our lawyers uncover evidence that suggests the death was not due to an accident, but rather due to the intentional, malicious actions of another. When this is the case, we can file criminal litigation against that party. But the majority of the time any monetary damages we obtain for our clients are to attempt to ensure the negligent actions of these parties never again occur.
The surviving family members of a loved one who died as the result of a rollover accident caused by a defective tire can seek the same kinds of damages that can be pursued by those who survive an accident. These damages can be in addition to the harm that may have been experienced by family members who survived the same accident. The amount of these damages are applied directly to the monetary value given to the harm that led to the death of the loved one, pain and suffering experienced by the family, and the value of the deceased’s lost income. Family members of a lost loved one can usually pursue both wrongful death and survival damages in wrongful death litigation.
The State of Texas allows, in this order, spouses, children, parents, and, in certain cases, dependent siblings to seek to obtain wrongful death damages in most vehicle accident cases. Such damages may include medical expenses incurred by the family member prior to his or her death, funeral expenses, the loss of consortium and unique familial love, mental and emotional suffering, and potential future financial support the lost loved one would have provided to his or her family. The closest living relative is the only one entitled to pursue the same type of damages the lost loved one would have been entitled to pursue had he or she survived the accident. The first family member who can seek survival damages is the spouse. If there is no spouse (usually, ex-husbands or ex-wives are not allowed to pursue survival damages), then the children have the right to file. If no living children exist, the right then shifts to the victim’s parents, and then, in rare instances, the brothers or sisters of the victim.
Medical bills and lost wages the victim would have incurred had he or she survived the accident are two examples of survival damages. Others include emotional or mental trauma the victim would have experienced had he or she survived, physical pain and suffering and lost future earnings due to any possible long-term injuries.
The only manner in which those whose negligent actions resulted in the death of your loved one can be held accountable for those actions is through wrongful death litigation. This kind of litigation, however, is normally extremely intricate and complex, due to the fact that the laws that govern these kinds of cases normally overlap. This is yet another reason you should think strongly about seeking the help of an experienced defective tire lawyer to assist you in getting the just restitution both you and your family have coming.
A Financial Recovery from a Rollover Accident Shouldn’t Take as Long as a Physical Recovery
We have strived in this article to stress that litigation involving rollover accidents that occur as a result of defective tires can be extremely complex, and, the vast majority of the time, only an experienced and skilled attorney can hope to win. If a rollover accident has resulted in an injury to you, you can’t hope to take the hundreds of hours it will take to launch and conduct a detailed investigation of the accident, to negotiate a fair settlement with multiple defendants, and win a case if you can’t reach that fair settlement. There’s just no way you can do it; you shouldn’t even consider trying to take this on.
The attorneys with our Law Office stand ready to help you pursue a fair amount of compensation in order to help you fully recover from a rollover accident. By removing the burden of pursuing litigation from your shoulders, we:
Help you to concentrate solely on healing both physically and emotionally from the trauma associated with your accident by assuming the often overwhelming aspects of legal action.
Shield you from the overly aggressive tactics insurance companies, and their legal representatives often employ in order to reduce or eliminate the money they might have to pay out.
Conduct a painstakingly detailed investigation of the accident and gather evidence (both photographic and video if available); identify, locate and interview witnesses, sequester the vehicles involved and thoroughly inspect them, read police reports, and gather forensic evidence and catalog it so that it will be admissible in court.
Help you find affordable medical attention if you either have no medical insurance or are underinsured.
Attempt to negotiate a fair out-of-court settlement on your behalf, but at the same time prepare your case as if it will go to trial, whether it does or does not make it that far – the stronger your case, the larger any potential out-of-court settlement will be.
Our lawyers have an extensive amount of experience in rollover accident litigation, having won thousands of personal injury cases over the last two decades. We are determined to get each and every one of our clients the just compensation they deserve for the suffering they have needlessly incurred because of the negligence of other responsible parties.
You can act as your own lawyer in a rollover accident personal injury lawsuit, but it is never, ever advisable to attempt it. It is not sufficient to just have legal acuity to be successful in an automobile accident lawsuit – and it definitely takes a vast amount more than an Internet search in order to win a case.
All attorneys have a large amount of classroom education. However, it takes years of experience in a courtroom in order for an attorney to learn how to litigate. Lawyers must be intimately familiar with each and every detail involved with deposing witnesses, investigating accidents, and following court procedures to the letter.
If the plaintiff attempts to navigate this incredibly complex legal maze without legal help, you can pretty much guarantee that plaintiff will commit some sort of procedural error that will lead to a judge throwing out the case immediately, with no chance of ever reviving it. Those who represent insurance providers in rollover accident cases are jubilant when they encounter a plaintiff without legal help, because they are convinced they will defeat such a plaintiff with little trouble.
Further highlighting the necessity of legal representation is the fact that an attorney with a proven track record of winning personal injury lawsuits will have a huge impact on your ability to get fair compensation without the need for a trial. As stated previously, the main goal of an insurance company is to protect its profits, and we can use that to your benefit. Attorneys with our Law Office have won thousands of personal injury lawsuits, defeating every major insurance provider in the United States and obtaining millions and millions of dollars in compensation for our clients. We can do the same for you. When an insurance company knows we’re in your corner, they’ll reconsider the wisdom of taking us on in court. As a result, they will significantly increase their settlement offer. And we do all of this on your behalf, as you recover from the emotional and physical trauma you’ve suffered as a result of your accident.
You simply have to have a defective tire lawyer working on your behalf to protect your rights – a lawyer with a reputation for winning these kinds of cases, and one who knows all the intricacies and complexities involved, and how they all work together.
By employing the help of an experienced attorney, and both you and your attorney have determined that your injury entitles you to take legal action, you must know that those on the other side – the negligent parties, their insurance providers, and their team of legal representatives – will already be hard at work trying to deny your claim and to keep you from obtaining the fair restitution you have coming to you. Whatever they can do to avoid any responsibility for the rollover accident that resulted in your injury or the death of your loved one, they will do. The multiple defendants in your case will work in concert to make sure you do not win your case. There are many potential avenues of obtaining the compensation that you can take; getting the help of a skilled and experienced lawyer is the biggest step you can make toward ensuring that all of the negligent parties responsible for the accident are identified and held totally accountable for your injury or loss of your loved one.
How We Can Assist You in the Event of a Rollover Accident
The defective tire lawyers with our Law Office have been helping victims of rollover accidents, as well as their families, for 20 years. If you or a loved one have experienced suffering as a result of a rollover accident caused by a defective tire or tires, please call us just as soon as you possibly can (toll-free) for a confidential and free consultation. If you have experienced the tragic loss of a family member as a result of a wrongful death stemming from this kind of accident, please give us a call so we can inform you of how we can help you in a wrongful death lawsuit. We will gladly answer any questions you may have regarding the specific details of your case, and tell you how we can help bring you some peace of mind and assist you in moving forward with your life.
Has Your Child Been Injured Due to a Defective or Faulty Crib?
We all believe that our children are the most important things in our lives. Consequently, we all would like to believe that any products marketed for use by our children would be made with that same overriding concern for their safety.
The reality, however, is quite different; defective cribs, for example, come on the market more often than we would like to imagine and have the capacity to seriously harm or even fatally injure our children.
Contact the empathetic attorneys at our Law Office if your child has been injured or killed as a result of a defective crib, for you well may be eligible to file a product liability lawsuit. After all, you deserve compensation for the damages done to you and your family; plus, you deserve to see justice done to those negligent parties who were responsible!
Product Liability Lawsuits
Depending on the details of the situation, product liability cases may take on many different forms. A manufacturer may be held accountable in the case of a defective baby crib that consequently causes injuries or fatalities. In this case, you may file a lawsuit requesting a fair settlement because of the manufacturer’s negligence.
You may still be able to hold the manufacturer responsible even if the crib was designed properly and a child was injured in that crib. Manufacturers are responsible for their products and any injuries sustained from them under the statutes of strict liability. The manufacturer in this case would bear responsibility for the product as the producer although not because of any unintentional negligence.
The Stockcraft Baby Crib Incident
A report released from the United States Consumer Product Safety Commission stated that more than 2 million Storkcraft baby cribs were unsafe and had to be recalled. The culprit, in this case, was the hardware that held the crib together; it proved to be defective, thus allowing the crib sides to come off. Over the 16 years that these cribs were jeopardizing children’s lives there were at least over 100 reported injuries throughout America.
This is not an isolated incident. The Stockcraft baby crib recall is but one example of the dangers that exist because of a defective product that can injure our children.
Our Law Office Can Help
You will need an experienced attorney on your team if you are going up against a large national or multinational manufacturer. Our attorneys are ready to take on the army of lawyers that these huge manufacturers will field in order to avoid paying out a settlement. We can not only help you seek full and fair compensation for your pain and suffering but also for medical bills and other damages that you suffered as a result of your child’s injuries. We will fight for the justice that you and your child deserve!
If your child has been injured because of a defective crib or if you have lost a child because of a crib defect accident, please do contact the attorneys at our Law Office today. We may be reached toll-free We are pleased to offer a free consultation and we are available 24 hours a day. Our attorneys look forward to discussing your specific case with you and to answering all of your questions.
Have You or a Family Member Been Injured due to Defective or Faulty Fireworks or Firecrackers?
Although fireworks can be fun on festive occasions, they also may be very dangerous. Each year over 15 people are killed in fireworks fatalities and another 50 are injured when these explosions go awry.
In addition to these physical injuries, there is an estimated $15 million per year in property damages that occurs as well. Fireworks injuries can occur from both the defects that may be inherent in the explosives or from the fires that they may start. An injury from fireworks can result even from properly designed and correctly detonated consumer-use fireworks.
People injured in fireworks accidents have a wide variety of options if they are injured; accordingly, it is best to have the assistance of an experienced personal injury attorney to help decide what the best next step might be. The attorneys at our Law Office have put together this brief article to help you explore your options and to give you basic information about fireworks litigation.
If fireworks were improperly designed or manufactured then you may well be able to bring a lawsuit against the actual fireworks manufacturer. Or you may be able to initiate a strict liability claim in which even negligence is not a factor. In other cases, a fireworks seller will break the law by selling illegal fireworks or will sell fireworks to minors who in turn will use them improperly. If someone is injured in these scenarios then it is possible to file a personal injury lawsuit against the person responsible for your injuries.
There are, as you can see from reading this article, many different types of cases and conditions involving defective fireworks and general fireworks injuries. It is understandable that these may seem fairly confusing.
The attorneys at our Law Office have had over 20 years of experience successfully litigating personal injury cases, including accidents resulting from fireworks. During this period of time we have won millions of dollars for our Texas clients, from manufacturers and insurance companies nationwide.
If you or a family member has been injured in a fireworks accident, contact our Law Office today (toll-free). We are available 24 hours a day and are pleased to offer a free consultation. We are standing by ready to discuss your case with you and to answer all of your specific questions.
Food Poisoning Injuries
Salmonella, E. Coli & Other Food Poisoning Information from a Product Defect Law Firm
In the hyper-vigilant environment, our country has found itself in since shortly after the attacks of September 11, 2001, contamination of food and drink products has been a very hot media topic. Those attacks put a spotlight on stories concerning packages that were shipped via U.S. mail that contained anthrax, packages that contaminated several news outlets and law enforcement offices.
As a reaction to these packages, the U.S. Food and Drug Administration, or FDA, enacted regulations that were designed to keep the food supply of our country from the potential of deadly contamination by terrorist entities. The program was well-intentioned and is a very positive step toward ensuring the safety of our food, but it does not address the more commonplace instances where our own food suppliers accidentally contaminate food.
There have been several news reports recently regarding E. Coli outbreaks in produce, as well as salmonella outbreaks in peanut butter. Annually, there are hundreds of food products that are recalled because of the negligence or carelessness of producers and growers right here in the United States. Companies are required by federal law to take steps to ensure that the design and manufacture of food products that are sold in the U.S. are safe for public use. When consumers are injured by products that are contaminated or unsafe, they have the right to take legal action against those suppliers in order to gain fair compensation for the injuries they suffer.
However, litigating these cases is best left to seasoned and skilled attorneys, because the companies responsible for producing tainted food or drink problems that lead to food poisoning usually have a cadre of lawyers of their own. Those lawyers know every trick there is to know regarding how to defeat your case or simply dismiss it outright; or, at the very least, keep whatever settlement you receive at a bare minimum. There are also several entities that play a role in the production of a food item, such as a cut of raw meat, a piece of fruit, or a baked good, for example, from a raw state to a finished product ready for public consumption. This often makes it very difficult to ascertain the chain of responsibility, a task that is nearly impossible for either a legal layperson or an inexperienced lawyer.
Radiofrequency identification, or RFID, technological advances have allowed the producers of food that have implemented them to track each and every piece of produce from the time of harvest to the time it is delivered to the store. This makes it significantly easier to contain contamination outbreaks and reduce the instances of food poisoning, but in no way does that mean these measures are foolproof. As disturbing as it may be to think about, food contamination can occur when workers simply fail to wash their hands after harvesting produce, or a worker in a bakery neglecting to put a carrot cake with cream cheese icing back in the refrigerator. Most E. Coli outbreaks – and this is harsh but true – occur mainly as the result of animal feces coming in contact with meat or other consumable products. You would probably think it would be a pretty easy process to make sure that animal waste does not come in contact with food, so if a supplier fails to do so that is typically a strong sign of negligence.
In a liability case concerning food poisoning, there can be multiple potential defendants. The food contamination lawyers with our Law Office are very familiar with thoroughly investigating the issues involved with food poisoning, and can help you clearly understand the parties against which you may be able to take legal action. Our Law Office has helped victims of food poisoning for two decades and would like to help you obtain the fair restitution you have coming to you for the suffering you’ve had to endure.
The track record of our Law Office and our reputation for successfully litigating food poisoning cases in the courtroom can help bring you the leverage you need to make sure food producers are held accountable for the suffering you’ve experienced and to also make sure you get just compensation. We completely investigate each and every case we handle in an effort to make sure your case is as strong as it can possibly be. We are passionate and dedicated to helping you recover both financially and physically by getting the fair restitution you deserve.
If you have suffered due to ingesting a contaminated food item that led to food poisoning, please call the attorneys with our Law Office (toll free) as soon as possible for a free and confidential consultation.
Cerebral Palsy is Often Caused by Birth Injury or Delivery Malpractice
If you are a parent and your child has recently been diagnosed with cerebral palsy, you probably have many questions that require answers. What is cerebral palsy? What causes this condition? Do you have a legal right to seek financial reimbursement if your child’s cerebral palsy was the result of medical negligence? Our Law Office has the answers you seek here.
The term cerebral palsy refers to a collection of conditions affecting motor function and coordination. Cerebral palsy may be diagnosed shortly after delivery or later, through the child’s first two or three years of life.
How does this happen? Sometimes, the brain suffers an injury that can lead to cerebral palsy. Cerebral palsy can lead to lowered levels of motor coordination, abnormal bodily movement, and decreases in cognitive function. The location of brain damage establishes the type of cerebral palsy that affects the child. How severe the damage is depends on what type of cerebral palsy has been diagnosed. The symptoms of cerebral palsy may begin as little as a few months from the child’s birth. However, the symptoms are frequently not observed by either the doctors or the parents of the child until the delayed development of certain motor skills makes them more apparent. This observation usually happens around the first or second year of the child’s life. Sadly, no cure is yet available for cerebral palsy, although it can be treated through expensive medical care, therapy, and appropriate accommodations. Cerebral palsy may often be prevented during the pregnancy and subsequent childbirth through appropriate medical intervention. If a doctor could have taken steps during pregnancy to prevent the development of cerebral palsy in your child but did not, you have the legal right to seek financial restitution for your child’s condition. Our Law Office has twenty years of experience pursuing medical malpractice and birth injury claims. We know what to do to help you and your family recover economically in order for your child to receive the treatment they deserve.
What Forms of Cerebral Palsy Are There?
There are four principal kinds of cerebral palsy that may have an effect on varying regions of the brain, each with its own symptoms. The following is a list of these kinds of cerebral palsy, as well as some insight into what can cause them:
Ataxic Cerebral Palsy – This type of cerebral palsy occurs with lower frequency than do the other types. Sufferers of ataxic cerebral palsy find it difficult to balance and may be deficient in fine motor skills, which may make it harder to complete things like wielding utensils to eat dinner, tying shoelaces, writing with a pen and paper, and typing using a keyboard. What causes ataxsic cerebral palsy? Trauma to the cerebellum can precede this form of cerebral palsy, resulting in weakened muscles. Children afflicted with ataxic cerebral palsy may experience tremors when attempting sudden movements. This type of cerebral palsy is often detected later in the child’s development when it becomes apparent that the child requires assistance to stand, or must go out of their way to achieve balance. Some other indicators of ataxic cerebral palsy include lack of balance when walking, speech that sounds slurred, a wide range of speech volume, and a noticeable deficiency in depth perception. This form of cerebral palsy also commonly includes hypotonia, or low muscle tone.
Dyskinetic Cerebral Palsy or Athetoid Cerebral Palsy – This form of cerebral palsy accounts for about 10-20% of all cases. It can include both hypotonia and hypertonia. Hypertonia is when there is an unusual increase in muscle tension, rendering it harder for the child to stretch their muscles. Dyskinetic cerebral palsy sufferers typically have a reduced ability to control their movement and may suffer spontaneous spasms that they cannot control. They may also experience difficulty retaining an upright position or keeping themselves steady. This may make it harder to grasp objects, and it is at this point in the child’s development that this form of cerebral palsy is usually detected. What can cause dyskinetic or athetoid cerebral palsy? Generally, this form of the disease happens when doctors neglect to treat an infant’s abnormally high bilirubin levels. This can lead to damage in the basal ganglia. Because this is obviously avoidable, failure to attend to it is clear medical negligence. Increased treatment, accommodation, and therapy are all required to treat this form of cerebral palsy.
Spastic Cerebral Palsy – This form of cerebral palsy results from injury of the brain’s cortex. It accounts for 70-80% of cerebral palsy cases. Children with spastic cerebral palsy are afflicted with hypertonia or increased muscle tension. Spastic cerebral palsy is classified differently according to what part of the body is affected. Spastic hemiplegia refers to cerebral palsy affecting one side of the body. Spastic diplegia affects the lower limbs and can result in a scissors gait and walking on tiptoes. This variation of spastic cerebral palsy is the most common. Children with spastic diplegia are often nearsighted. Spastic monoplegia refers to a single limb being affected by cerebral palsy, while spastic triplegia means that three limbs are affected. Spastic quadriplegia affects all four limbs to varying degrees. Children afflicted with spastic quadriplegia are unlikely to walk, or even to want to walk, due to the degree of difficulty inherent in the task. The effort required to overcome the muscle spasms and rigidity is usually entirely too great. Spastic cerebral palsy in general can also lead to early-onset arthritis.
Mixed Cerebral Palsy – If the brain is damaged in more than one area, multiple types of cerebral palsy can occur. This form of cerebral palsy is quite rare.
Experienced Medical Malpractice Attorneys are Necessary to Successfully Pursue Lawsuits Related to Cerebral Palsy
The brains of developing fetuses and babies can sustain injury or trauma from a number of sources. Legal experts in brain damage are needed to establish whether your child’s cerebral palsy was caused through the negligence of a doctor or other medical professional or due to random chance. The child’s development records will need to be evaluated to help make the assessment. These records should include everything through pregnancy and birth. Only by doing this can a legal expert make a determination on whether or not the resulting cerebral palsy was caused through preventable negligence on the part of a medical professional attending to your child. The amount of cerebral palsy caused due to negligence is about one-third of all cases. The child is then left to endure physical and mental suffering, while the family of the child struggles to meet the new financial demands the condition requires to treat appropriately.
The Medical Malpractice Attorneys of our Law Office are Here to Help You if Your Child is Afflicted with Cerebral Palsy Resulting from Medical Negligence
Has your child recently been diagnosed with cerebral palsy? Do you suspect that the condition resulted from medical negligence? Our Law Office can provide the services of an independent legal medical expert to go over your child’s medical records with a fine-toothed comb to discover evidence of negligence. Call us today toll-free to receive a free consultation that will remain confidential. We will discuss with you the particular details of your child’s condition, answer your legal questions, and let you know what we can do to help you. You and your child deserve fair economic restitution for the long scope of treatment required to deal with this disease.
Erb’s Palsy Lawyer
Mirth Injury Lawsuit Lawyer Discusses Brachial Plexus, Shoulder Dystocia, and Erb’s Palsy
Birth injuries can happen to anyone and can result in very serious medical conditions. Numerous factors, even seemingly unrelated ones like a rushed or tired physician, can result in life-threatening or long-term disabling injuries to both mother and child and can occur during pregnancy or childbirth.
While some birth injuries happen merely because of the statistical inevitability of nature, many other birth injuries occur because of the negligent actions of doctors, nurses, obstetricians, and other medical personnel, who have been given the incredible responsibility of safely delivering babies. Sadly, just a minor error by a physician can result in a lifetime of medical treatment, care, and special accommodations for a child who has suffered an injury.
Erb’s Palsy is one of the most serious medical conditions that can arise from a birth injury and is characterized by a significant decline of strength and range of movement in the child’s arm and shoulder. This injury can translate into mounting medical and treatment bills that can quickly overwhelm a parent or guardian. If you find yourself in this situation and struggling with these issues, and are suspicious that medical malpractice may have occurred in the injury to your child, you may potentially qualify for compensation for your financial losses and medical expenses, ranging from past bills to future or impending costs for medical care. Our Erb’s palsy medical malpractice attorneys have compiled this brief article to highlight specific kinds of birth injury that can lead to life-long health issues for a child.
For the past twenty years, our birth injury attorneys have learned the legal complexities of birth injury lawsuits. We can help you understand the intricate issues involving birth injuries and the litigation needed to solve them. Often in trying to decipher if the birth injury was a tragic natural occurrence or caused by someone’s negligence, parents have no medical or legal experience to turn to when an injury occurs. We can help make that determination and then work diligently to make sure your case is resolved to your satisfaction and that you receive the compensation you deserve.
Brachial Plexus Injuries
The brachial plexus is the bundle of nerves that connects the spine to the upper extremities, such as the shoulders, arms, and hands. Any excessive physical exertion or unusually difficult labor and delivery can injure both mother and child in different ways. Brachial plexus injuries can happen in exceptionally large babies, unusually small birth canals, awkward positioning of the baby in the womb, or abnormal activity in the uterus or womb. It is a fairly normal occurrence, afflicting nearly 20 percent of all childbirths. Dystocia is any excessive physical exertion or unusually difficult labor and delivery. It can injure both mother and child in different ways. Attending obstetricians and their medical staff have been trained to take reasonable care in delivering the baby without causing injury or harm because brachial plexus injuries frequently take place during childbirth.
In most cases, the medical staff bypasses vaginal delivery and performs an emergency caesarian section (c-section) or a high-forceps procedure. This can result in serious birth injuries to the brachial plexus nerve cluster that joins the hand, arm, and shoulder to the spine. In newborn babies, these nerves are clustered together in the shoulder before completely spreading throughout the entire arm in the adult arm and shoulder. The damage to these nerves can be significant, even to the point where the nerves become severed and lead to life-long debilities because of the way they’re bunched together. Sometimes surgery can be done to correct the damaged nerves.
Many doctors try to avert liability by telling the families of babies who suffered birth injuries, the harm that took place was unpreventable or was simply normal, under the circumstances. Some birth injuries happen just because of the statistical inevitability of nature, but others occur because of the negligent care from physicians, nurses, and other medical professionals, who were given the incredible responsibility of delivering the baby safely. Many of these injuries are diagnosed incorrectly; many times a doctor will recognize the obvious signs, yet simply hope the injury or symptoms will go away. In some cases, the nerve damage does go away.
Erb’s palsy usually happens when the baby’s shoulder getting stuck in the birth canal, which is a condition known as shoulder dystocia. If a weary or inexperienced doctor pushes or pulls too forcefully in attempting to dislodge the baby, shoulder dystocia can cause the shoulder to dislocate, which damages the brachial plexus nerve cluster. If an infant’s shoulder becomes immovable, the delivery process becomes quite risky, because of the extreme pressure put on the baby’s head, neck, and umbilical cord. If action is not taken immediately to readjust the shoulder, the baby could suffer severe brain injury because of the lack of oxygen to the brain. This lack of oxygen is called hypoxia. If too great a pressure is applied, the brachial plexus nerves can become stretched, bruised torn, or even severed. On many occasions, in these severe situations, medical malpractice occurs because of the aggressive or negligent behavior of health care professionals.
Erb’s Palsy most often arises from the condition of shoulder dystocia as mentioned above. Erb’s Palsy causes the muscles in the arm to lack adequate stimulation by the brain, which leaves the arm immobile or very weak, depending on the severity of the brachial plexus nerve injury.
Erb’s Palsy should be detected soon after birth by the attending physician and staff because the symptoms are immediately obvious—babies can’t grip with the affected hand, lack voluntary movement in the affected arm, and hold their arm tightly pinned against their body, cocked at a 90-degree angle. Occasionally, less severe brachial plexus nerve injuries can be treated and corrected with proper treatment or specialized surgery by the attending physician. Erb’s Palsy, however, creates lifelong disabilities that require extensive treatment and therapy, including specialized adaptive technologies and accommodations. However, proper delivery techniques can prevent injuries to the brachial plexus nerves.
Call Our Erb’s Palsy Lawyer
The attorneys at our Law Office have been helping families recover from birthing process injuries for over twenty years. We understand how to navigate the rough waters of medical malpractice law, unlike many attorneys who simply avoid these types of cases because they are too complicated and challenging to win. We will devote the time required to build a solid case to make sure those responsible for your baby’s shoulder dystocia, brachial nerve trauma, or Erb’s Palsy are made accountable. We’ve won millions of dollars in settlements from every major insurance carrier in the U.S. The insurance company adjusters and defense lawyers are familiar with our successful track record. As a result, our clients frequently receive fair settlement offers without having to go to trial. Our attorneys can ensure you get the best results possible so that your child receives the best treatment possible and compensation for the mental and physical trauma they have suffered in this ordeal. If your child has been injured in childbirth because of a medical professional’s negligence, call the birthing injury attorneys at our Law Office (toll-free) for a free consultation. We can answer your specific questions and help you make an informed decision.
Daycare Abuse Attorney
Has Your Child Been Injured or Abused by a Daycare Professional?
When allegations of child abuse are levied, those are charges that should never be ignored or taken lightly. Pursuing legal action against either a person or entity that is guilty of child abuse at a daycare facility can be an extremely complex ordeal that is fraught with emotional trauma.
Should a parent or legal guardian have a reason to suspect that his or her child may have been the subject of either sexual abuse, emotional abuse, neglect, or physical abuse while in the care of a daycare facility, the resulting anger, and frustration experienced by both parents and members of the family can be incredible. If the negligent behavior of an employee of a daycare facility, or a caregiver at another type of facility, the worker and the worker’s employer may both be held responsible for their actions (or, in some cases, inactions) by means of a personal injury lawsuit. This article, provided to you by the daycare abuse attorneys with our Law Office, will provide detailed information on the signs associated with child abuse, the legal aspects that are often a part of child daycare abuse cases, and what you should do if you have a suspicion that your son or daughter is experiencing daycare child abuse. While we obviously hope that neither children, parents nor guardians ever have to go through the trauma associated with any form of child abuse, we are nevertheless prepared to spring into action to assist in achieving justice against those who would stoop so low as to abuse a child. This article is not meant to be a substitute for a legal consultation, however. Please call our Law Office (toll-free) for a free and confidential consultation regarding the specific details of your case.
Child Abuse Statistics in the United States
These alarming statistics serve as a reminder of the depressingly too common occurrence of child abuse, not only in Texas but also throughout the United States of America.
According to the Administration for Children & Families Of the 3,534,000 million (rounded) children who were the subject of an investigation or alternative response in the fiscal year 2018, 678,000 (rounded) children were determined to be victims of maltreatment, up from 674,000 (rounded) victims in 2017. In total, 60.8 percent of victims were neglected, 10.7 percent were physically abused and 7.0 percent were sexually abused. More than 15 percent were victims of two or more maltreatment types.
The number of child fatalities due to child abuse and neglect increased in the fiscal year 2018. The number and rate of victims have fluctuated during the past five years. A national estimate of 1,770 children died from abuse and neglect in the fiscal year 2018 compared to an estimated 1,710 children who died in the fiscal year 2017.
A study conducted showed that about 3 percent of child abuse cases in the U.S. were incidents related to either daycare, foster care, or institutional care. That percentage has remained steady for the past decade.
Child abuse allegations concerning daycare facilities are often intensely publicized, even though they do not account for the majority of child abuse reports. As such, the attendant publicity should not lead parents or guardians to assume that there is evidence of abuse being common in daycare settings, and should not lead them to believe that daycare facilities are inherently unsafe environments for children. But even one incident of daycare child abuse is one too many. The next portion of this article provides information on the signs a parent or guardian can look for in trying to make a determination whether or not their child is the victim of daycare child abuse.
Signs of Possible Daycare Child Abuse
A parent or guardian will oftentimes notice if a child suddenly starts to act in a different manner than normal, or is experiencing significant shifts in mood, withdrawal symptoms, or aggressive behavior. But most children have a hard time expressing their feelings or comprehending why they are all of sudden acting in a certain manner. Also, children may attempt to hide what they’re experiencing because they do not want to “tell” on an adult. Following is a list of some of the red flags and symptoms of child abuse that could help you determine whether or not your child may be suffering from such abuse.
Signs of potential physical abuse include:
Burns, bruises, swollen areas, or cuts that are not explained
Swings in mood
Exhibiting an unusually strong aversion to going to daycare
Withdrawing from normal, everyday activities
A child complaining of pain or some sort of injury without being able to explain why it occurred
Signs of possible emotional abuse include:
Delays in normal development
Disorders concerning speech
Severe allergies, ulcers, or asthma
A child displaying either manic-depressive behavior or passive-aggressive behavior
Biting, rocking, thumb-sucking, or other habitual disorders
Signs of potential neglect include:
A child exhibiting a dirty appearance, or whose diapers are dirty after leaving daycare
A daycare facility that is understaffed
A child being unusually hungry or thirsty after leaving daycare
The daycare facility discourages visitors who are unannounced
Signs of potential sexual abuse include:
A child who fears contact
A child who abnormally craves contact
A child engaging in inappropriate sexual play
A child exhibiting an unusual level of interest in the sexual parts of the body or in issues of a sexual nature
Yeast or urinary tract infections
Bruising or bleeding in the region of the genitals
An inability of the child to properly stand or sit
Torn or dirty underclothes
What to do Next if Your Child May be Suffering from Daycare Child Abuse
Should you have a reason to suspect that your son or daughter may be experiencing child abuse while under the care of a daycare facility, you have a number of steps you can take to identify whether or not that abuse is actually taking place. The first thing you should do is discuss the child’s behavior with your spouse or partner. Both of you are more apt to notice and manners of behavior that are out of the ordinary, since you are the ones closest to the child. You might also think about talking to the parents of other children at the daycare facility to see if they have any suspicions regarding potential child abuse as well. There are some cases where the problem is not child abuse at all, but the actions of another child that are causing the injuries and/or abnormal behavior. But there are other times where, in fact, these abnormalities and injuries are the direct results of child abuse. It is important to be tactful when engaging in these kinds of conversations, but it can be vital to talk with a fellow parent to see if they’ve noticed his or her child displaying the same kind of troubling characteristics after attending daycare that your child is displaying.
There is only so much that parents can do to ensure the safety of their children, but one of the things they can do to head off any potentially damaging problems is to listen to their children regarding their daycare experiences. Ask your children on a daily basis about their experience at daycare and keep track of the responses. That way you can consistently make an accurate determination of the child’s emotional well-being.
Abuse or neglect is often not physical in nature, but rather emotional, and as a result can be much tougher to ascertain because there are no obvious physical signs. But this form of abuse is just as dangerous as physical abuse because it can result in emotional scars that lead to delays in development. Should your child not want to talk about his or her time at a daycare facility, or become abnormally depressed or aggressive while talking about it, there could be a good reason for a parent or guardian to become significantly concerned.
If, for whatever reason, you feel your child may be a victim of daycare child abuse, immediately call either your local police or the Texas Department of Family and Protective Services (DFPS). If the suspected case of daycare child abuse needs to be addressed immediately, call the DFPS hotline as soon as possible toll-free at 1-800-252-5400. They have someone available to talk to you at any time of the night or day, any day of the week. Should there not be a need for an immediate response, worried parents can use the Texas Statewide Abuse, Neglect, and Exploitation Reporting System website (https://www.txabusehotline.org/) to submit a suspected daycare abuse report. That report will be replied to within a period of 24 hours.
Finally, you may want to consider the pursuit of legal action against the liable parties that have caused harm to your child through a personal injury lawsuit. The daycare abuse attorneys at our Law Office can help guide you and your family through this extremely trying period of time. Once child abuse allegations are leveled toward either a person or place of business a detailed investigation is launched by the State of Texas in order to determine the legitimacy of said claim. Your rights, and the rights of your child, will be defended every step along the way by an experienced attorney. Our daycare child abuse attorneys will deal with all of the necessary paperwork and any other parts of the process in connection with litigation so you and your family can remain focused on caring for your child and helping him or her heal from this incredibly traumatic experience.
Liability Concerning Incidents of Daycare Abuse
No matter what kind of torment their child may be going through, whether it is a result of either child sexual abuse, child emotional abuse, child physical abuse, or neglect, there is one question that parents or guardians immediately ask – “Who’s fault is this?” In the arena of litigation, this question is referred to as the question of liability. Either one person or entity, or multiple persons or entities can be regarded as liable in such a case. Texas law subscribes to the notion of “respondeat superior.” Basically, this means that when a judge or jury finds an employee guilty of negligent behavior that results in either the injury or death of another person, the employer of that worker will be held as well as a vicariously liable defendant. In the case of daycare child abuse, the daycare worker would be a defendant in a daycare child abuse personal injury action, and the company that owns the daycare facility would also be a defendant.
There are many instances where daycare child abuse does not take place as a result of the actions of either a daycare worker or teacher at the facility. Oftentimes, these occurrences are the result of the actions of a secondary daycare worker such as a janitor or bus driver. These individuals may only have a moderate amount of contact with the children. There have also been times when relatives of daycare workers were responsible for daycare child abuse. No matter who may be the ultimate cause of the abuse, the daycare facility is still responsible for the safety of all the children in attendance, and at all times. If more than one party is held liable for a daycare child abuse incident, multiple civil suits can be filed against each party. A detailed, thorough investigation is often necessary so that all of those responsible can be identified and held accountable for their actions so that you and your family can get complete justice for the harm done to your child.
Negligence Claims Involving Daycare Abuse
Personal injury claims involving negligence that results in the abuse of a child are handled much differently than other forms of claims in Texas. In the instance, of, say, an injury accident case, a very specific type of negligence must be applied. But in order to ensure justice in the case of a personal injury claim involving harm to a child, there are a variety of negligence claims that may be used. A negligent hiring claim, for example, can be filed against a liable daycare facility if those in charge failed to make a reasonable effort to perform appropriate background checks on potential employees. If someone with a history of questionable character works near children, as subsequently is the cause of a child suffering some kind of harm, then the employer will be held liable for the injury due to its negligence in the hiring process. There is another legal avenue, called negligent entrustment or negligent supervision, that can be pursued in a case involving daycare child abuse. If an adult acting in a supervisory capacity does not properly ensure a child’s safety, that worker could be held liable for any injury that child may suffer. A general negligence claim could also be filed against either a negligent daycare worker or a secondary worker. Should any of these negligence claims be validated, it is likely that parents or guardians will not only receive fair restitution, they will also likely see those responsible for the child’s injury brought to justice.
Daycare Child Abuse and Vicarious Liability
As mentioned previously above, a daycare worker’s employer can be held vicariously liable when one of their employees is accused of suspected child abuse at a daycare facility. But there are many cases when it is surprisingly difficult to ascertain the owner of a daycare or other childcare facility’s true identity. Some daycare centers are privately owned; however, others are owned by corporations or other business entities. Those entities may take steps to conceal their ownership of such a facility, and thus attempt to escape liability if allegations of abuse are levied against their company. If a corporation owns a daycare center, it will probably have an extensive amount of money at its disposal to craft a very formidable defense. They will hire a stellar defense team, formed with the sole purpose of defending their client’s interests. The defense will not be concerned at all with the injury your child has suffered, and the trauma you and your family have experienced. Make sure you are as well-armed as the defense by calling on the legal expertise of the daycare abuse attorneys at our Law Office.
You can just about guarantee that, whether the daycare facility is independently owned or part of a huge corporation, it will have insurance coverage of some kind. It is just as likely that the insurance company will play a large role in any litigation that may result from a daycare child abuse injury. These insurance providers have extensive experience in dealing with such cases, and, whenever they can, they will attempt to reduce or flat-out deny claims against their policies in order to protect their assets. It does not matter in the least how badly a child and his or her family need compensation for injuries the child has suffered. When faced with this level of opposition, a plaintiff in a daycare child abuse case simply must call on the assistance and expertise of a trial-tested lawyer – one who is intimately familiar with the strategies insurance companies use in order to guard their profits. The attorneys with our Law Office have successfully fought every major United States insurance company, proudly developing a reputation as a law firm that works solely in its clients’ best interests. Because of that reputation we have carefully cultivated over the last 20 years, many insurance companies and defense attorneys choose to offer sizeable out-of-court settlements rather than risk a much greater amount of money by tangling with us in a courtroom. But if your case has to go to trial, we will be well positioned to defend the rights of both you and your child.
Why You Should Initiate Legal Action in a Daycare Child Abuse Personal Injury Case
Parents or guardians of a child who suffers daycare abuse should pursue litigation in the form of a personal injury lawsuit for two reasons. Number One, the purpose of a civil lawsuit is to hold responsible parties accountable for the negligence that led to the abuse of a helpless child, and to deliver justice. By undertaking legal action, the liable parties can be identified in a public forum as committing one of the most heinous acts possible, and this behavior can be eliminated so that no other child or family will ever again have to experience the pain and trauma of abuse from those parties. Many times, the need of parents to see justice served is the main motivating factor for pursuing legal action against the person or entity responsible for their child’s suffering.
In addition, another goal of a personal injury lawsuit is to ensure that affected children and family members are fairly compensated for the damages they have incurred in such a case. There are many ways in which financial losses can occur. Many times, damages include any past or future medical expenses that may arise from the injury that go toward treating the child’s pain and suffering, mental or emotional distress, and improving his or her overall health. Other costs could be incurred due to impairment or disfigurement. Judges or juries can decide to award punitive damages to plaintiffs in a daycare child abuse case should they deem the occurrence of the abuse severe enough; such an award would possibly cripple the offending facility financially to such an extent that it may have to cease operations.
Again, however, while the pursuit of compensation is many times not the prime motivation for legal action, it remains a necessary component of any personal injury litigation. That compensation can help guarantee a family will not have to struggle financially along with the struggle they are already experiencing in trying to help their child get through an incredibly difficult time emotionally. Such an experience can, unfortunately, last a long time and require years and years of either physical or emotional therapy.
How our Law Office can Help
Should your child and family suffer the devastating effects of daycare child abuse, do not hesitate to get your child immediate medical attention and then contact the proper law enforcement and child protection agencies. After you do so, begin to consider any legal options you might want to pursue and call the daycare abuse attorneys with our Law Office toll-free for a free and confidential consultation.
We will carefully listen to all the details surrounding your case, and answer and questions you may have concerning possible legal action. If you choose to pursue litigation, we will help you start the process, and then we will launch a detailed investigation in order to properly assess the next steps to take in the matter.
The attorneys at our Law Office stand ready to assist both you and your family through what is an incredibly trying time. We will work tirelessly to ensure that those responsible for causing this turbulence in your lives will be brought to justice and held fully responsible for their negligence.
Daycare Worker Negligence
Daycare Abuse Liability and Negligence Discussed by Texas Attorney
When it comes to winning daycare abuse personal injury lawsuits, our Law Firm has one of the best records in the state of Texas. Our Law Office is a team of knowledgeable and experienced litigators with more than twenty (20) years of courtroom victories.
We have fought for the legal rights of daycare abuse victims. And our ongoing advocacy for the rights of the young is relentless. Read this article to get a better understanding of the rights of your children as it pertains to Daycare Abuse and your possible legal recourse. Call our Texas daycare abuse lawyers today.
In any corner of America, the daycare industry is big business. The industry’s momentum is due partly to the women’s lib movement because women wanted to have their careers, their husbands, their big houses with the picket fence, and their children too. Another reason for momentum in the daycare industry is the increase in the cost of living. At one time the husband or man of the house was not just the primary breadwinner. He was the only breadwinner and the woman was a housewife. That was before it took two incomes to do what one income used to do.
When Can An Individual or Individuals Be Held Negligently Liable for Abuse At A Daycare Facility?
In daycare abuse cases the legal guardian or parent of the injured child has a legal right to proceed on behalf of the child who has been injured. But what they might not expect is that the burden is on the parents or guardians of the victim to show negligence or abuse took place before a lawsuit against the daycare providers can be filed.
Supervisors who are allegedly negligent get the most complaints. This is the type of complaint that might be filed against any daycare employee who is directly involved with the children or even remotely involved at the daycare such as a van driver, a custodian, the chef, or even a subcontractor that delivers to the establishment. Negligent Supervision claims normally are filed when the adult in charge who is responsible for the overall security of the children does not deliver on that obligation.
For some people who are unfamiliar with the law, a misunderstood theory called Negligent Entrustment trips them up. Negligent Entrustment is important to any personal injury case because it means the difference between a lawyer and client getting a favorable judgment with no financial recovery or the lawyer and client getting a favorable judgment and an acceptable financial recovery for the client. Imagine a daycare worker turning her back on toddlers riding tricycles just a few feet away from the see-saw when her cellphone rings. The daycare worker turns her attention to her private conversation and away from the children who are playing dangerously close to the see-saw. Children naturally can sense when there is no adult paying attention. That’s usually when they make their move. As the two older children play on the see-saw the other young toddlers peddle close enough under the see-saw and it struck slightly on the head by a child on the see-saw. Although it could have been worse, the toddler on the trike falls off and onto the ground and starts to scream and cry. And just like dominoes, the cries of one child cause the other children to chime in. In this scenario, the daycare employee was within earshot, but she might as well have been on the other side of the playground because she wasn’t paying attention and a child was hurt in the process.
After checking her employee file it turned out that the negligent employee has been written up several times before for using her cellphone when she should have been giving her undivided attention to her job, which is watching the children. In this case, the worker and the daycare facility can be held liable and be co-defendants in a personal injury lawsuit. That’s because the daycare facility knew about this worker’s less than stellar behavior and failed to make sure the worker didn’t continue her violations. So court documents might charge workers with claims of inexperience, incompetence, or behavior that is unfit for the duties entrusted to them.
Our Texas daycare abuse Law Firm has the highest moral and ethical standards. So throwing everything against the wall to see what sticks is not how we operate at our Law Office. We will conduct a thorough investigation and gather evidence to support our claims. Still, any attorney worth his weight knows that the owner of the daycare is a better defendant than the daycare worker because owners have access to enough money to pay any damages awarded. Daycare workers earn only a few dollars more than minimum wage.
And when it comes to daycare owners, they are more likely to drop the ball on follow-through in the hiring process. It’s called Negligent Hiring. As with any growing business, it takes a number of people in different capacities to come together and create a well-oiled machine. So in the haste to fill vacancies owners don’t do their due diligence when it comes to background checks and the like. Just because someone knows his or her craft doesn’t mean are a right fit for your company, especially if children are your main clientele. If they come in contact with the children at any time they should be checked against any pedophile registries, for any criminal backgrounds and they should have to take a drug test to get hired and be subject to periodic drug testing during their employment. If not, the results might be tragic. In the past, daycare owners have realized that employees had criminal backgrounds that include mental illness, child molestation, and rape.
Texas law makes a parent or guardian eligible to file lawsuits on behalf of a minor child, regardless of if the injured child suffered emotional, physical, or sexual abuse or neglect. There are some common theories of negligence that our daycare abuse attorneys look for in every case. If the lawyer and investigators can confirm and prove any of these cases of liability against the daycare owner or workers, then a personal injury lawsuit can be filed. Not only is this legal claim brought on behalf of the wounded youth, but bring a legal claim such as this will send a message to every daycare provider who is sure to hear about the lawsuit and take note. It sends a message that there are consequences to abusive and neglectful behavior against a child in your care.
Choosing a Daycare & Steps to Keep Your Child Safe
Although it’s up to the individual to choose the best caregiver for their child, the Consumer Protection Board says there is a recommended process. Daycare abuse is a fact of life and sometimes the effects can be long-lasting and life-changing. So choose a daycare facility that is:
licensed by the state of Texas,
that will permit surprise visits by parents or legal guardians of the children at the daycare; then
take the liberty of showing up for one of those surprise visits and do a walkthrough of the daycare facility before you sign up your child to attend;
Know where the bathrooms are to make sure they are not too far away from the main area where children will be. Ask questions about who monitors the children, who takes them to the restroom, and who will be in contact with them. According to reports, more than fifty (50%) percent of all daycare sex abuse claims are said to happen in the bathroom. And a large percentage of sex abuse happens during nap time. So be sure to ask if nap time is monitored and if so by whom. And definitely take note of daycare rules for conducting background checks and drug screenings on employees, including what kind of criminal offenses are acceptable for potential employees.
Find out who will be spending time with the youths in addition to the screened staff, and for how long. In a perfect world, we wouldn’t have to screen employees and our children always would be safe. But it’s not perfect. Research shows that sexual abuse in addition to physical abuse and exploitation occurs because a trusted member of the child’s caregiving team is somehow involved. It might be the van driver, or the custodian, or even a relative. In thirty-six (36%) percent of all abuse cases investigated, children become the victims of sexual molestation at the hands of a family member who is the relative of a staff. And those relatives turn out to be the husband or the son of a daycare worker or owner most of the time. So beware and be certain that your child has limited to no contact with these kinds of people. Ask about how many employees are employed by the daycare facility and how many of them will be near your child. Ask about the discipline policies and how they might address bullying at that age.
Inquire how many employees work at the daycare facility and how many of those employees will be in close contact with your child. Statistics on daycare abuse show that the abuse is usually at the hands of persons not directly involved in the supervision of the child. Insist that your child’s interaction and contact with all other service personnel at the daycare is limited. Statistics on a nationwide study of daycare abuse state that while in daycare facilities, it was the family members of daycare staffers that had easy access to the innocent children. And once you have done your due diligence to make sure your child’s environment is a safe place, engage your child in conversations about his or her daily activities when they return home. Regularly question your child about their day and activities while at the daycare. Listen to their answers and take note of their body language. If there is something that doesn’t feel right or sound right, trust your instincts.
If you suspect that your child is the victim of daycare abuse, contact our Texas daycare abuse Law Firm to discuss your case through a free initial legal consultation.