Santa Claus Sideswiped My Car! Accidents With Delivery Vehicles

It’s not easy delivering toys to children worldwide in a single night. So maybe Santa’s sleigh rolled a stop sign trying to save some time, and caught your car right on the rear fender. Did he stay long enough to give his insurance information? And since Santa was driving a delivery vehicle for work, how does that affect your injury claim?

Here’s what you need to know if Kris Kringle crumpled your bumper:

Frozen First Steps

An accident with Santa, or any other delivery vehicle, is much like any other car accident. And your first steps after an accident are always crucial:

• Stay on the Scene: You’re probably in a rush yourself, but leaving the scene of an accident can be a crime.
• Inquire About Injuries: Check on the reindeer and Santa himself — make sure everyone is OK and call for medical attention if needed.
• Exchange Information: Make sure you get Santa’s insurance info and other relevant details like license and sleigh plate number, and provide your own.
• Gather Data: Get as much information about the accident as possible, including eyewitness statements from elves or anyone else who saw the accident, and document the scene with photos and notes.
• Make Contact: Santa may tell you he can take care of the damage and that there’s no need to get insurance companies involved, but not reporting the accident could revoke your insurance and, if the accident is serious, you should also contact the police so they can file a report.

Deep Delivery Pockets

Being hit by a delivery vehicle can offer different legal remedies if you’re injured. Not only is Santa’s insurance on the hook, employers can be held liable for their employees’ negligent acts. So, if one of the elves was behind the reins or Rudolph was making a delivery run, Santa and Santa Industries could be at fault. Even if the sleigh wasn’t on a delivery run, if it was being used “in the course of employment,” the company or employer can be sued along with the driver.

Stay safe on the roads out there this holiday season. And if Santa runs into your Chevy instead of sliding down your chimney, don’t hesitate to contact an experienced car accident attorney.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• What Kinds of Damages May I Claim for Car Accident Injuries? (FindLaw)
• FedEx Truck Crashes Into Bus in Calif.; 10 Killed (FindLaw’s Injured)
• 5 Car Accident Myths (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/12/santa-claus-sideswiped-my-car-accidents-with-delivery-vehicles.html

Can I Sue for Snowball Injuries or Property Damage?

via Tumblr hobbsr04.tumblr.com/post/135676425327 You’re dreaming of a white Christmas and everything that entails, like sledding, skating, and snowballs. But what if someone breaks a window, or worse, a skull, in a snowball fight? Rest assured, you can sue if you are injured due to someone’s negligence. Also, you can be sued for any damage you cause to a person or property with a snowball or otherwise. The elements of negligence are always the same, regardless of how injury occurs. So before the eggnog flows and you traipse out into the snow, let’s look at negligence in a nutshell. Negligence Explained To succeed in a negligence suit, a plaintiff must prove that the defendant owed them a duty of care, breached that duty, and caused a harm for which there are compensable damages. In the context of a snowball fight, you assume some risk of injury, so it may be challenging to prove a suit. Still, you can do it. A friend can be negligent. Say, your friend packs a rock in a snowball and hits you in the head, causing brain damage. You thought you’d be tossing soft puffs that disintegrate in a shower of flakes, not lobbing deadly projectiles. In that case, you can certainly make a negligence claim and expect to be awarded compensation for expenses associated with your injuries. Similarly, if you hit a person or property, you can be liable for injury. A plaintiff who can show duty, breach, causation, and harm will succeed in a negligence claim, whether or not they have agreed to join the fun. A Snowball’s Chance in Hell Snowball lawsuits have been filed before but make sure you can back a claim if you do sue. In 2010, a snowball fight after a Seattle Seahawks game became the subject of a suit. The plaintiff claimed emotional distress about the flakey fracas. But there was footage showing everyone having a good time. Speak to a Lawyer If you are injured in the snow this winter, see a doctor and speak to a lawyer. You may have a negligence claim. Let a lawyer assess your case; many attorneys do not charge for an initial consultation. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Negligence Background (FindLaw) Defenses to Negligence Claims (FindLaw) from Injured blogs.findlaw.com/injured/2015/12/can-i-sue-for-a-snowbal... via Blogger hobbsr04.blogspot.com/2015/12/can-i-sue-for-snowball-inju...

via Flickr http://www.flickr.com/photos/87814799@N02/23897746335

Can I Sue for Snowball Injuries or Property Damage?

You’re dreaming of a white Christmas and everything that entails, like sledding, skating, and snowballs. But what if someone breaks a window, or worse, a skull, in a snowball fight?

Rest assured, you can sue if you are injured due to someone’s negligence. Also, you can be sued for any damage you cause to a person or property with a snowball or otherwise. The elements of negligence are always the same, regardless of how injury occurs. So before the eggnog flows and you traipse out into the snow, let’s look at negligence in a nutshell.

Negligence Explained

To succeed in a negligence suit, a plaintiff must prove that the defendant owed them a duty of care, breached that duty, and caused a harm for which there are compensable damages. In the context of a snowball fight, you assume some risk of injury, so it may be challenging to prove a suit. Still, you can do it.

A friend can be negligent. Say, your friend packs a rock in a snowball and hits you in the head, causing brain damage. You thought you’d be tossing soft puffs that disintegrate in a shower of flakes, not lobbing deadly projectiles. In that case, you can certainly make a negligence claim and expect to be awarded compensation for expenses associated with your injuries.

Similarly, if you hit a person or property, you can be liable for injury. A plaintiff who can show duty, breach, causation, and harm will succeed in a negligence claim, whether or not they have agreed to join the fun.

A Snowball’s Chance in Hell

Snowball lawsuits have been filed before but make sure you can back a claim if you do sue. In 2010, a snowball fight after a Seattle Seahawks game became the subject of a suit. The plaintiff claimed emotional distress about the flakey fracas. But there was footage showing everyone having a good time.

Speak to a Lawyer

If you are injured in the snow this winter, see a doctor and speak to a lawyer. You may have a negligence claim. Let a lawyer assess your case; many attorneys do not charge for an initial consultation.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Negligence Background (FindLaw)
• Defenses to Negligence Claims (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/12/can-i-sue-for-a-snowball-injury.html

Holiday Inuries and Decorating Disasters

via Tumblr hobbsr04.tumblr.com/post/135467325912 That beautiful star for the top of the tree has ruined Christmas! Well, to be truthful it was more the rickety ladder you used to get to the top of the tree, the one that caused you to topple over and fall. If you find yourself in the hospital emergency room from a holiday decorating injury, you will not be alone. The United States Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risks of injury or death associated with consumer products, and it has some pretty surprising data on holiday decorating injuries. Last Year’s Data According to the CPSC, during November and December 2014, there were 12 estimated fatalities and 145,000 injuries treated in hospital emergency rooms all related to holiday decorating. That amounts to an average of 240 injuries per day during the season of cheer and giving. The consumer protection organization warns that falls, lacerations, back strains, and ingestion of foreign objects were the top reasons for injuries. Here is how the CPSC suggests you can avoid decorating disasters. Avoid Decorating Disasters Use caution on ladders. The CPSC says that 36 percent of holiday decorating injuries are the result of falls. Half of those are falls from ladders. Check live Christmas trees for freshness. Keep them away from heat sources. Make sure to keep trees well watered. Purchase fire resistant artificial trees. Not as fun, but safe. Place lighted candles away from trees. Also be extremely wary of candles around wreaths, curtains and furniture. Examine new and old Christmas light sets for damage. Discard sets with cracked or broken sockets, frayed or exposed wires, and loose connections. Buy lights that show markings of a safety testing laboratory. Fires sparked by holiday lights caused ten deaths last year. Keep small decorations away from children. Tiny decorations make huge choking hazards. Be extremely conscious when hanging ornaments on the tree or placing decorations around the house. Also avoid trimmings that look like food or candy. Be mindful of sharp, weighted, or breakable decorations. Lacerations were the top-reported decorating-related injuries last year. Consult With Counsel If you do end up injured this holiday season, first see a doctor, and then, speak to a lawyer. Sometimes injuries occur due to product defects or because a product is inherently dangerous. Consulting with counsel costs is often free for the first meeting and you may find you have a claim. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) First Steps in a Personal Injury Claim (FindLaw) Meeting With an Attorney (FindLaw) from Injured blogs.findlaw.com/injured/2015/12/holiday-injuries-and-de... via Blogger hobbsr04.blogspot.com/2015/12/holiday-inuries-and-decorat...

via Flickr http://www.flickr.com/photos/87814799@N02/23726506942

Holiday Inuries and Decorating Disasters

That beautiful star for the top of the tree has ruined Christmas! Well, to be truthful it was more the rickety ladder you used to get to the top of the tree, the one that caused you to topple over and fall.

If you find yourself in the hospital emergency room from a holiday decorating injury, you will not be alone. The United States Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risks of injury or death associated with consumer products, and it has some pretty surprising data on holiday decorating injuries.

Last Year’s Data

According to the CPSC, during November and December 2014, there were 12 estimated fatalities and 145,000 injuries treated in hospital emergency rooms all related to holiday decorating. That amounts to an average of 240 injuries per day during the season of cheer and giving.

The consumer protection organization warns that falls, lacerations, back strains, and ingestion of foreign objects were the top reasons for injuries. Here is how the CPSC suggests you can avoid decorating disasters.

Avoid Decorating Disasters

1. Use caution on ladders. The CPSC says that 36 percent of holiday decorating injuries are the result of falls. Half of those are falls from ladders.
2. Check live Christmas trees for freshness. Keep them away from heat sources. Make sure to keep trees well watered.
3. Purchase fire resistant artificial trees. Not as fun, but safe.
   
4. Place lighted candles away from trees. Also be extremely wary of candles around wreaths, curtains and furniture.
5. Examine new and old Christmas light sets for damage. Discard sets with cracked or broken sockets, frayed or exposed wires, and loose connections.
6. Buy lights that show markings of a safety testing laboratory. Fires sparked by holiday lights caused ten deaths last year.
7. Keep small decorations away from children. Tiny decorations make huge choking hazards. Be extremely conscious when hanging ornaments on the tree or placing decorations around the house. Also avoid trimmings that look like food or candy.
8. Be mindful of sharp, weighted, or breakable decorations. Lacerations were the top-reported decorating-related injuries last year.

Consult With Counsel

If you do end up injured this holiday season, first see a doctor, and then, speak to a lawyer. Sometimes injuries occur due to product defects or because a product is inherently dangerous. Consulting with counsel costs is often free for the first meeting and you may find you have a claim.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• First Steps in a Personal Injury Claim (FindLaw)
• Meeting With an Attorney (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/12/holiday-injuries-and-decorating-disasters.html

'Tis the Season for Slip and Falls -- Who's Liable?

via Tumblr hobbsr04.tumblr.com/post/135411384197 Who’s liable for your injury after a slip and fall accident? That depends on a number of factors, most importantly where you fell, whether it’s public property, a business, or a residence. Premises liability law makes home and business owners responsible for injuries that occur on their property. If you fall in a store or some area the business manages, like the parking lot, then the store may be liable for your injury if it was caused through its negligence. Similarly, if you are a guest in someone’s home and you get hurt as a result of a failure on the owner’s part, the homeowner may be liable. Proving Your Claim To win a slip and fall case, you must show that there was a dangerous condition that was known or should have been known to the property owner or holder. The failure to address the dangerous condition caused you harm and it was foreseeable that someone could get hurt from it. In other words, there must be a negligent party. If you just slip and fall for no apparent reason and you happen to be visiting a friend with a mansion and deep pockets, don’t bother filing a lawsuit. Accidents do happen and there is not always someone to blame when things go awry. Who to Name in a Suit Who you will name in your suit depends on the details of your slip and fall. If you were hurt at the mall, there may be multiple parties to target — mall management, the cleaning company that management hires, maybe a store, or security company, and perhaps even other entities. Similarly, if you fall in the mall’s snow-covered outdoor parking lot, then you may also name a company responsible for snow clearing there. When you fall in a residential property, the proper party to name is usually the property owner. But if you get hurt in a rental and the tenant was responsible for repair, that person may be a more appropriate target for a lawsuit. People also fall on municipal property, in subway stations, on sidewalks and in parks. It can be a difficult world to navigate, and sometimes there is someone to blame for it — maybe even the city or state. Consult With Counsel If you have fallen and are hurt, or were otherwise injured, speak to a lawyer. Consulting with an injury lawyer costs nothing and you can learn whether you have a claim. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Shopping Injuries Overview (FindLaw) Slip and Fall FAQ (FindLaw) from Injured blogs.findlaw.com/injured/2015/12/tis-the-season-for-slip... via Blogger hobbsr04.blogspot.com/2015/12/tis-season-for-slip-and-fal...

via Flickr http://www.flickr.com/photos/87814799@N02/23522166660

'Tis the Season for Slip and Falls -- Who's Liable?

Who’s liable for your injury after a slip and fall accident? That depends on a number of factors, most importantly where you fell, whether it’s public property, a business, or a residence.

Premises liability law makes home and business owners responsible for injuries that occur on their property. If you fall in a store or some area the business manages, like the parking lot, then the store may be liable for your injury if it was caused through its negligence. Similarly, if you are a guest in someone’s home and you get hurt as a result of a failure on the owner’s part, the homeowner may be liable.

Proving Your Claim

To win a slip and fall case, you must show that there was a dangerous condition that was known or should have been known to the property owner or holder. The failure to address the dangerous condition caused you harm and it was foreseeable that someone could get hurt from it.

In other words, there must be a negligent party. If you just slip and fall for no apparent reason and you happen to be visiting a friend with a mansion and deep pockets, don’t bother filing a lawsuit. Accidents do happen and there is not always someone to blame when things go awry.

Who to Name in a Suit

Who you will name in your suit depends on the details of your slip and fall. If you were hurt at the mall, there may be multiple parties to target — mall management, the cleaning company that management hires, maybe a store, or security company, and perhaps even other entities. Similarly, if you fall in the mall’s snow-covered outdoor parking lot, then you may also name a company responsible for snow clearing there.

When you fall in a residential property, the proper party to name is usually the property owner. But if you get hurt in a rental and the tenant was responsible for repair, that person may be a more appropriate target for a lawsuit.

People also fall on municipal property, in subway stations, on sidewalks and in parks. It can be a difficult world to navigate, and sometimes there is someone to blame for it — maybe even the city or state.

Consult With Counsel

If you have fallen and are hurt, or were otherwise injured, speak to a lawyer. Consulting with an injury lawyer costs nothing and you can learn whether you have a claim.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Shopping Injuries Overview (FindLaw)
• Slip and Fall FAQ (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/12/tis-the-season-for-slip-and-falls----who-s-liable.html