It's finally here! Halloween! Like us, perhaps you are going trick-or-treating today. Here are our final tips (of the three-part series) Halloween Safety Tips, Part Three - Trick-or-Treating:
It's finally here! The weekend before Halloween. Like us, perhaps you are going to events this weekend and will be trick-or-treating on Monday. Here are our Halloween Safety Tips, Part Two - Driving:
Just this year tragedy struck Kansas City, Kansas. A young boy lost his life while on an amusement park ride. Kansas State Representative Scott Schwab's son, Caleb, was the victim in this accident. It was said this was caused by the weight limit restrictions of the ride, at Schlitterbahn Park in Kansas City. Sadly, this was not an isolated amusement park incident. Two kids fell from a ride in July.
Kansas does not have an inspection or enforcement agency overseeing amusement parks. For that reason, this park purposely chose Kansas to build the "worlds' tallest water slide". The amusement parks pay for an annual inspection, from National Association of Amusement Safety Officials (NAARSO). A condition of this licenses is that the park operator simply document injuries that require hospitalization or incidents that interfere with the operation of the ride. That's it. Document. The Associated Press reported that the lack of oversight, by Kansas regulatory agencies that oversee other businesses, is due to budgetary restrictions.
The lack of state run inspection or enforcement agencies does not release amusement park owners/operators from liability for the injury or death of a patron. You are owed a duty of care while at the park. If those responsible for the park fail to meet that duty, they then may owe you compensation for your injury or the death of your loved one.
While this park is closed for the time being, it may reopen. Not only that, many of the parks in Kansas will continue to have events and active rides as the holiday season approaches. If you, or a loved one are injured while at an amusement park call Attorney T. Morton @ 913.602.7288 today for a no-cost, hassle-free consultation about your potential case.
Did you know there are rules surrounding what is considered appropriate to wear into court? There are. Seriously. There are also unspoken expectations about what you wear to a deposition. If you never have been to court, or a deposition, you may be uncertain what you should wear. Think of a deposition as a business casual work event, and a court appearance as a formal interview for a business job. Here are some attire suggestions (see also the pictures above):
A special thank you to our Instagram friends Trench @ Trench and Angela @ thriftypineapple for allowing us to use their photos for this blog! You can follow them at the above links. You can also follow us on Instagram @ attorneytmorton1.
According to safercar.gov, "Rollovers are complex crash incidents and are particularly violent in nature. Rollovers, more so than other types of crashes, reflect the interaction of the driver, road, vehicle, and environmental factors. So while vehicle type does play a significant role, other factors such as driver behavior and road and environmental conditions can also cause a vehicle to roll over." Here are 10 quick tips for avoiding being in a rollover accident:
An estimated 35,000+ people died, across the United States, in traffic related deaths, last year. Kansas had almost an eight percent increase in accidents in 2015. Some intersections present a greater statistical danger for accidents. According to the most recently published data, here are Kansas City's most dangerous intersections:
Car accidents at these intersections were caused by a number of things, most often it is the negligence of another driver (ex. speeding, texting while driving, etc..). Crashes, in Kansas City, were also caused by:
Statistics show that you are more likely to be in a car accident in your lifetime than in another kind of accident. Like most accidents, the injuries can range from minor to major. Some possible injuries include:
What are the damages you may be entitled to compensation for?
You may be entitled to damages, for your accident, even when it occurs in identified dangerous intersection zones. The possible damages include, among others:
Bike season is quickly coming to a close but, it's not over just yet. Here are some reminders for keeping your kids safe, when biking:
Unlike in a criminal case, where homicide or manslaughter are narrow and defined, wrongful death is broad. Wrongful death is when the negligence or recklessness of another (person or business) causes loss of life. Medical malpractice, motor vehicle accidents, workplace accidents and product defects are the most common causes of wrongful death. Kansas limits the time to file a claim, for wrongful death, to two years (no matter the cause).
Recklessness vs. Negligence
Who can bring a wrongful death lawsuit?
Kansas allows the "heirs at law" of the deceased to seek compensation for the damages sustained because of the wrongful death. Possible claimants include:
What damages am I entitled to?
Wrongful death damages can include, but are not limited to:
Pecuniary damages is not limited to financial contributions. Loss of the decedent’s services, care, guidance, attention, advice, and protection are listed along with loss of earnings and funeral expenses in the pecuniary category. These damages are referred to as Wentling damages.
What are the two types of claims in a wrongful death action?
When your loved one's death is caused by the negligence or recklessness of another, there is causes for two separate claims:
You may wonder what a loss of consortium is, and what it has to do with a personal injury claim. According to the law, loss of consortium is when, due to personal injury, you and/or your spouse can no longer engage in activities that would be expected in the relationship. In sum, your relationship has been damaged/eliminated because of the injuries incurred. In a wrongful death claim, even when you did not endure physical injury, as the living spouse you may seek loss of consortium damages.
Married parties are at an advantage in loss of consortium claims. Generally, the law views marriage as an explicit contract between the two parties to share life, and the associate duties. The injury would then act as an interference with the agreement between the spouses. Although there are similar relationships between non-married parties, the case law usually does not support damages for alternative relationships; however, you may be the exception to the precedent.
This is a claim for compensatory damages, and is typically valued less than other damage claims. The court will consider the seriousness and premanency of the injury and, its impact on the relationship. Further, the impact on children (particularly young children) is considered, when their parent becomes disabled or passes away, because of an accident. Specific instances of loss of consortium include:
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