According to recent news reports from Patchogue New York one person has suffered non-life-threatening injuries after the boat they were riding in crashed into a bulkhead at Sandspit County Park on Monday June 20 sometime after midnight. The boats operator 45-year-old Joseph Leon of Sayville and a male passenger in the boat were both transported to Brookhaven Memorial for treatment of their injuries. Leon has since been charged with boating while intoxicated.
Commentary
While definitely not as common as drunk driving accident drunk boating accidents can cause similar drastic results that can cause both drivers passengers and those nearby to suffer injury or even death. Similar to how a suspected drunk driver can be held civilly and criminally liable for their actions while behind the wheel of a car so too can an alleged drunk boat driver be held accountable for their actions. Furthermore dram shop laws in most states in the country also work to hold negligent bars and restaurants accountable should they have over-served alcohol to a patron such that the patron exceeds a .08 BAC level and subsequently causes harm to themselves or others whether such harm comes as a result of a car wreck a boat crash or a physical altercation. However establishing that such a chain of events may have occurred leading up to such a wreck often requires the thorough work of an independent investigation.
Texas Drunken Accident Attorney Michael Grossman
According to recent news reports from Mansfield Texas two preschool-age children have suffered undisclosed injuries after reportedly being struck by the same stray bullet from a .22-caliber rifle on Saturday June 18. The children are each 6-years-old and are siblings. The accident happened in the 8400 block of Retta Mansfield Road. Their parents took them to a local fire station around 5 p.m. and they were subsequently taken to a hospital in Dallas via helicopter. An investigation is being conducted in order to determine if the shooting was a crime or an accident. The children did not fire the gun according to a Tarrant County sheriffs spokesman.
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Commentary
This incident is unfortunately similar in many respects to a case we are currently litigating whereby a 14-year-old boy suffered catastrophic injuries after being struck by a stray bullet that was fired from a neighboring property. Naturally these cases are quite reliant upon gathering and preserving vital evidence specifically the forensic evidence necessary to show the bullets origin.
From a legal perspective a negligence claim may be brought against the person who fired the weapon or potentially the owner of the weapon (for example if a minor child fired the weapon when they took it from their parents closet). What may be less obvious is that a claim can be filed against the owner of the property from where the weapon was fired. In the above-referenced case that is the strategy our firm employed. Certainly a negligence claim would seek to ensure that the children receive fair and adequate compensation for their medical bills which are likely to be astronomically high but if it is determined that this was not a simply fluke and was in fact the result of gross negligence exemplary damages may be awarded to the children as well.
Naturally for liability to be established against a property owner the property owner must have had some control over the firing of the weapon. I suspect that the police will uncover the origin of the bullet through their in-depth forensic analysis but such an investigation is likely insufficient to establish liability against all parties.
I like discussing these types of situations on my blog because they are complex and interesting from a legal perspective. However I try to maintain a neutral stance on this blog and do not directly encourage anyone to seek out legal advice; I merely discuss the possibilities that may exist. But in this situation I would strongly encourage the family of these injured children to consult their family attorney simply because this is a perfect example of a situation where an investigation conducted by the police will only get you so far and good legal work will pick up where that investigation may leave off. Learn more about premises liability aka homeowner liability.
Dallas Personal Injury Attorney Michael Grossman
According to recent news reports from Rockville Centre New York one pedestrian has suffered critical injuries after being struck by a suspected drunk driver on Sunrise Highway near North Centre Avenue on Wednesday June 15 around midnight. 23-year-old John Tobin of Freeport was driving a 1998 Ford Explorer east on Sunrise when he struck a 25-year-old male pedestrian from Lakeview that was walking across the highway. The Ford rolled over and came to rest on its roof. The injured pedestrian was transported to South Nassau Communities Hospital with internal injuries and two fractured legs. Tobin did no suffer injury. He has since been charged with two counts of DWI and vehicular assault.
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Commentary
When a suspected drunk driving accident occurs that results in harm to a person a number of parties may bear civil liability for such an accident. For instance an alleged drunk driver can be held civilly liable for their suspected reckless behavior in addition to facing any criminal charges that may also be brought against them. Additionally a negligent alcohol-serving establishment can be held civilly liable in most states due to dram shop laws that work to ensure that patrons are not over-served alcohol such that the become intoxicated. If a bar or restaurant over-serves a person and that person subsequently causes harm to themselves or others the bar or restaurant may bear liability for being a factor in such an accident. However such issues often cannot be properly assessed without the work of an in-depth independent investigation.
Texas Drunk Driver Accident Lawyer Michael Grossman
According to recent news reports from Los Angeles California 11 people have suffered injury one of whom was critically hurt after a group of bicyclists was struck by a suspected drunk driver on Thursday June 16 around 2 a.m. The injury accident happened on Jefferson Boulevard at Rodeo Drive as a group of riders believed to be part of the Midnight Ridazz was reportedly stopped in the bike lane waiting for other members to join them. Thats when 27-year-old Chrsitina Dahabs vehicle jumped the curb and struck the group of 15-20 bicyclists. The injured victims were taken to local hospitals; one adult male was critically injured. Dahab has since been arrested on suspicion of driving under the influence (DUI). The struck riders were also reported to have been in a much larger group of approximately 100 bicyclists.
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Commentary
Depending on the specifics of this unfortunate accident a number of parties may bear liability for such a wreck. While a suspected drunk driver can be held civilly liable for their own actions in addition to facing any criminal charges that may also be brought as a result of such an accident many states also have dram shop laws that hold negligent bars and restaurants accountable for their own actions should the over-service of alcohol have occurred prior to an injury accident. However such issues often cannot be properly assessed prior to a thorough third party investigation being conducted that can look into such issues.
Texas Drunk Driving Accident Attorney Michael Grossman
General Motors Co. has recalled 50500 North American Cadillac SRX luxury crossover vehicles due to a possible airbag issue in which the right rear passenger side roof-rail airbag wont deploy if a person is not seated in the front passenger seat. No reports of injuries or accidents have been received by GM due to this issue. The SRX owners manual states otherwise i.e. that the airbag will deploy regardless of whether or not a person is in the front passenger seat. Software reprogramming will fix the issue and those with affected models are encouraged to visit their local dealer in order to have the problem fixed.
Commentary
While its fortunate that no injuries or accidents have occurred as a result of this software issue its unfortunate that such an issue could exist in the first place. As mentioned previously on this blog in relation to car recalls (which seem to occur more often with every passing month) its important to pay attention to such recalls when they affect your vehicle. If left unattended to problematic issues with your vehicle may result in accidents with serious detrimental consequences to you or your family. You may even consider setting up a Google news alert with your specific model car as a keyword so that you can stay apprised of any issues that may be affecting your vehicle.
Texas Product Liability Attorney Michael Grossman
According to recent news reports from East Burke Vermont 38-year-old Doloros Valentine of Kirby has suffered undisclosed injuries after being struck by a suspected drunk driver on Wednesday June 15 shortly after midnight. 22-year-old Keenan Chenail of East Burke was driving a Subaru Legacy and went through a stop sign at the intersection of Darling Hill Road and Burke Hollow Road striking a car driven by Valentine. She was transported to St. Johnsbury Hospital. Chenail was cited for suspicion of DUI.
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Commentary
When a suspected drunk driver causes harm to befall another person a number of parties may be held civilly liable for such an injury accident depending on the specific circumstances that may have led up to the auto accident. For instance while an alleged drunk driver can be held civilly liable for their suspected reckless driving a negligent bar or restaurant may also be held liable for the same injury accident if they were negligent in regards to the service of alcohol to a person that then causes harm to themselves or others. However establishing that such a chain of events occurred often takes the work of a third party investigation that works to identify all liable parties that may have played a role in leading up to this untimely accident.
Texas Drunk Driving Accident Lawyer Michael Grossman
According to recent news reports from Nampa Idaho 19-year-old Shaylyn Chavez of Nampa has been charged with aggravated DUI and two counts of felony injury to a child after an accident occurred in which two children in her car were reported to have suffered severe head injuries. The auto accident happened on Tuesday June 14 around 8:30 p.m. as Chavez was driving a Honda Civic on Birch Lane and 11th Ave. N. and ran a stop sign resulting in her striking a GMC Envoy that was turning left off of westbound Birch Lane. Chavez and two 3-year-old girls one of whom was her daughter and one of whom was a niece were taken to St. Alphonsus Regional Medical Center. The children were subsequently transferred to St. Lukes Regional Medical Center. Chavez has since been released from the hospital and is now in the Ada County jail.
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Commentary
When serious to severe accidents occur that may involve the reckless use of alcohol a number of issues may be investigated in order to properly determine the party or parties that may bear fault for such an unfortunate accident. For instance an alcohol-selling establishment may bear liability for furnishing alcohol to a person under 21. A bar or restaurant may bear liability for over-serving a person such that they become intoxicated and then cause harm to themselves or others. Additionally a suspected drunk driver can also bear civil liability for their actions in addition to any criminal charges they may also be facing. In such instances an independent investigation may be conducted to look into any issues that may have played a detrimental role in leading up to this injury auto accident.
Texas Drunk Driving Accident Attorney Michael Grossman
According to recent news reports from Caldwell Idaho 19-year-old Enrique Sanchez of Nampa has been hospitalized after being ejected from a vehicle that crashed into a telephone pole around 11 p.m. on Sunday June 12 on Meadow Avenue. Sanchez was a passenger in a car being driven by 19-year-old Alonzo Renteria of Caldwell when Renteria lost control and crashed. Renteria attempted to flee the scene but was prevented from doing so by a witness. He was then taken to Canyon County jail. Sanchez was taken to St. Alphonsus Regional Medical Center. Alcohol is suspected of having played a role in the accident.
Commentary
In the event that alcohol may have played a role in this unfortunate accident a third party investigation may be pursued that can work to ensure that all liable parties are discovered so that they can be held accountable for their actions. For instance a suspected drunk driver can be held civilly liable for their actions in addition to facing possible criminal charges. Furthermore should a suspected drunk driver have been over-served alcohol at a bar or restaurant prior to an injury auto accident most states dram shop laws will work to hold such a negligent alcohol-serving establishment partially liable for such an accident. However it often takes the work of an independent investigation in order to ascertain whether or not such a series of events may have led up to this untimely crash.
Texas Drunken Driving Wreck Lawyer Michael Grossman
According to recent news reports from Salt Lake City Utah 32-year-old Boyd Petrie has been charged with DUI in connection to an accident that resulted in serious injury to Lindy Jones and Raju Butts. Jones and Butts were two of three people walking their bikes in the bike lane close to 50 S. 600 West St. when they were struck by Petries Jeep on March 20. Jones suffered a broken back broken pelvis a lacerated spleen and bleeding from his brain. Butts was last reported to have been on life support after having a portion of his skull removed to prevent swelling in his brain. Petries BAC level was reported to have been .16. He has been charged with two counts of DUI failure to stay in one lane and driving on a suspended license.
Commentary
When severe injuries occur as a result of a suspected drunk driving accident a third party investigation can be pursued in order to ensure that all liable parties are identified so that they can be held accountable for their actions. For instance most states have dram shop laws that work to hold negligent bars or restaurants partially accountable for injury accidents or fatal accidents that occur as a result of their over-service of alcohol. For instance if a person is provided too much alcohol at an alcohol-serving establishment such that they become intoxicated and that person leaves the bar or restaurant and subsequently causes harm to themselves or others the bar can bear partial liability for the consequences of their actions. Additionally a suspected drunk driver can bear civil liability for their own reckless behavior even if they may have been charged with criminal behavior.
Texas Drunk Driver Crash Attorney Michael Grossman
According to recent news reports from Albany Oregon four people have suffered injury after a two-car accident that occurred around 8:20 a.m. on Sunday June 5. 29-year-old Alimpiada Kalugin of Homer AK was driving a black 2003 Nissan Maxima north on Seven Mile Lane and reportedly failed to stop at a stop sign at an intersection with Highway 34. As the Nissan went through the intersection it was struck by a 2003 Pontiac Grand Prix headed west on 34 driving by 34-year-old Kippy Ann Hudson of Lebanon. The Nissan then spun and hit a tree on its passenger side. 28-year-old Timofae Jack Martisheff of Seaside was a passenger in the Nissan and had to be extricated from the wreckage by emergency personnel. He was taken by air to Corvallis Good Samaritan Regional Medical Center then transported to Legacy Emanuel Medical Center. He was last listed in critical condition. Kalugin was taken to Samaritan Albany General Hospital and was last reported in good condition. Hudson was taken to Corvallis and was last reported in fair condition. Her passenger 35-year-old Bryan E. Hudson also of Lebanon was taken to Samaritan and has since been released from the hospital. Authorities are investigating alcohol as having been a possible contributing factor to the wreck.
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Commentary
Following an injury auto accident in which alcohol may have been a factor a third party investigation may be pursued that can work to look into issues related to liability. For instance if a negligent bar or restaurant over-serves alcohol to a person and that person then causes a wreck that results in harm to themselves or others dram shop laws in most states will work to hold such an alcohol-serving establishment partially liable for the consequences of the wreck since their negligent behavior is construed as a proximate cause to the wreck. As such both a negligent alcohol-serving establishment and a possible drunk driver can both be held civilly liable for the same accident. However establishing that such a series of events may have occurred often requires the work of a thorough third party investigation in order to ensure that all liable parties are correctly identified.
Texas Personal Injury Attorney Michael Grossman
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