St. Cloud Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

There Are Far Too Many Bullies In School

Mike Bryant — Fri, 27 Nov 2009 09:48:00 GMT

I've written before about the school assault bill that got passed on the last day of the legislative session, but was later vetoed. It was the anti-bullying bill. It's intent was to add sexual orientation and physical appearance to the sorts of bullying not allowed in schools.

With the veto the Governor did say that he would direct Department of Education Alice Seagren to review the existing anti-bullying policy and to contact school districts to ensure they are meeting the requirements of the current law, which was implemented in 2005.

The Minneapolis Tribune recently had a real life story that is heartbreaking. Their 12 year old son:

an honor student who faced merciless teasing on the school bus, came home on the afternoon of Feb. 8, 2006, went into the family's barn and hanged himself.

Numbers from the National Coalition of Anti-Violence Programs suggest that something needs to change. In Minnesota, there were 73 cases of hate crimes committed in 2008, a 48 percent increase. There was a 185 percent increase in the number of incidents involving violence, and a 20 percent increase in the number of incidents involving more than one assailant.

The Children's Exposure to Violence: A Comprehensive National Survey, was published by the Office of Juvenile Justice and Delinquency Prevention with support from the Centers for Disease Control and Prevention found that:

More than 60% of youngsters had either direct or indirect exposure to violence within the past year
Nearly half the children surveyed were assaulted at least once in the past year, and more than one in 10 were injured as a result.
Nearly one-quarter of the children were the victim of a robbery, vandalism, or theft.
About 10% were victims of maltreatment (including physical and emotional abuse, neglect or a family abduction), and one in 16 were victimized sexually.

There is a debate as to if these increased numbers are due to better reporting, but the numbers are so big, it is imperative that this issue be revisited this next session.

Originally posted at InjuryBoard by Mike Bryant

For A Safe Halloween

Mike Bryant — Thu, 29 Oct 2009 08:28:00 GMT

It only a couple of days away. the boys have changed costume plans a dozen times. It's a Saturday night, before fall back, so it should be full of fun. But, it is never a time to forget safety.

Some great tips from the Center For Disease Control and Prevention :

Going trick-or-treating?

	Swords, knives, and similar costume accessories should be short, soft, and flexible.
	Avoid trick-or-treating alone. Walk in groups or with a trusted adult.
	Fasten reflective tape to costumes and bags to help drivers see you.
	Examine all treats for choking hazards and tampering before eating them. Limit the amount of treats you eat.

	Hold a flashlight while trick-or-treating to help you see and others see you.
	Always test make-up in a small area first. Remove it before bedtime to prevent skin and eye irritation.
	Look both ways before crossing the street. Use established crosswalks wherever possible.
	Lower your risk for serious eye injury by not wearing decorative contact lenses.
	Only walk on sidewalks or on the far edge of the road facing traffic to stay safe.
	Wear well-fitting masks, costumes, and shoes to avoid blocked vision, trips, and falls.
	Eat only factory-wrapped treats. Avoid eating homemade treats unless you know the cook well.
	Enter homes only if you're with a trusted adult. Otherwise, stay outside.
	Never walk near lit candles or luminaries. Be sure to wear flame-resistant costumes.

Originally posted at InjuryBoard by Mike Bryant

A Fun And Safe Halloween

Mike Bryant — Wed, 21 Oct 2009 16:56:00 GMT

Halloween is just around the corner. Hopefully, it will be full of heavy candy bags and happy treaters. But, as with all activities it is important that safety always be kept in mind. It is imperative that everyone keep even a greater vigilant eye out.

There are some great safety tips Halloween On line

For Kids

Help your child pick out or make a costume that will be safe. Make it fire proof, the eye holes should be large enough for good peripheral vision.

If you set jack-o-lanterns on your porch with candles in them, make sure that they are far enough out of the way so that kids costumes won't accidentally be set on fire.

Make sure that if your child is carrying a prop, such as a scythe, butcher knife or a pitchfork, that the tips are smooth and flexible enough to not cause injury if fallen on.

Kids always want to help with the pumpkin carving. Small children shouldn't be allowed to use a sharp knife to cut the top or the face. There are many kits available that come with tiny saws that work better then knives and are safer, although you can be cut by them as well. It's best to let the kids clean out the pumpkin and draw a face on it, which you can carve for them.

Treating your kids to a spooky Halloween dinner will make them less likely to eat the candy they collect before you have a chance to check it for them.

Teaching your kids basic everyday safety such as not getting into cars or talking to strangers, watching both ways before crossing streets and crossing when the lights tell you to, will help make them safer when they are out Trick or Treating.

For Adults

Know the route your kids will be taking if you aren't going with them.

The best bet is to make sure that an adult is going with them. If you can't take them, see if another parent or a teen aged sibling can go along.

Know what other activities a child may be attending, such as parties, school or mall functions.

Make sure you set a time that they should be home by. Make sure they know how important it is for them to be home on time.

Explain to children the difference between tricks and vandalism. Throwing eggs at a house may seem like fun but they need to know the other side of the coin as well, clean up and damages can ruin Halloween. If they are caught vandalizing, make them clean up the mess they've made.

Explain to your kids that animal cruelty is not acceptable. Kids may know this on their own but peer pressure can be a bad thing. Make sure that they know that harming animals is not only morally wrong but punishable by law and will not be tolerated.

Originally posted at InjuryBoard by Mike Bryant

Pumpkins Are Fun: But You Still Need To Think Safety

Mike Bryant — Wed, 21 Oct 2009 09:03:00 GMT

Halloween is coming soon. To get ready for it , we were out in the yard filling pumpkin bags with leaves and spreading them out on the roof of the garage. It won't be long before we are, like many of you carving real pumpkins. My partner Joe Crumley's family, have made an art form out of the pumpkins they have carved with their kids over the years.

For each of us we still need to keep an eye out for safety.

- Keep knives away from children

- when using candles:

Don't leave them unattended.
Be thorough in your leaf removal efforts, so there'll be less around to catch fire.
Don't leave them on your deck, patio or porch during trick or treat, as kids' costumes may be flammable.

- Think about using glow sticks from party supply stores instead.

- Rotting pumpkins can make slipping hazards. So make sure the porch is safe for visitors.

- While your at it: remove hoses and other tripping hazards that treat seekers could miss in the dark

It's a great time. I remember driving from Northern Minnesota during a trial to be with my oldest son for his first night out. So have fun and be safe.

Originally posted at InjuryBoard by Mike Bryant

Duck Hunting Safety

Mike Bryant — Fri, 02 Oct 2009 23:50:09 GMT

Duck Hunting season is just around the corner. Often there is the combination of hunting and boating. It's a great time to think about hunter safety. The Minnesota Department of Natural Resources reminds every hunter that the first thought should always be about safety. Twelve hunters have drowned in boating accidents.

While planning a waterfowl hunt, don't forget to check to be sure the boat is in good working condition, with enough gas for the trip and equipped with the proper personal flotation devices and other safety gear.
Make sure everyone on board has a properly fitted, Coast Guard approved, life vest or float coat.
Camouflage styles are available and some allow the wearer to shoot without removing the life vest.
Never stand in an unsecured boat to shoot.
Be aware of dogs, and other partners while in a boat.
Be extra careful with your gun. Similar to a blind, a boat is close quarters.
Put your unloaded shotgun in a secured case.

Minnesota law requires a readily accessible U.S. Coast Guard approved life jacket for every person on duck boats. Camouflage colored life jackets are available for hunters.

“The lack of flotation devices is still one of the most common law violations among waterfowl hunters and the most common cause of duck hunter deaths,” said Tim Smalley, DNR boating safety specialist. “It’s been that way ever since 1988, when life jackets were first required on duck boats.”

For boats 16-feet and longer, there must be one U.S. Coast Guard approved flotation seat cushion on board, to throw to someone in distress. Seat cushions are no longer approved as primary flotation devices. Everyone on the boat needs a wearable personal flotation device of the proper size and type.

The DNR discourages hunters from wearing hip boots or waders in the boat due to safety concerns. Hunters have drowned while trying to take their waders off after they have fallen into the water or their boat has capsized.

For all hunters, the Injuryboard members have provided gun safety and hunting tips in the past. For each hunt, it's important that the supervising adult be vigilant concerning each young hunter, that every hunter be watch out for them self, for everyone to use their gun properly, and be safe.

Originally posted at InjuryBoard by Mike Bryant

U S Chamber Back With Another Abuse Of Kids

Mike Bryant — Fri, 11 Sep 2009 09:26:00 GMT

The U S Chamber has produced another attempt at their anti lawsuit ads. This time they go with a very nice lady who tells the story about a group of kids who apparently lost their place to play basketball at a place called Basketball Town. All because of a lawsuit that they claimed to have gone on forever, included hours of phone calls, and was successful despite their ADA compliance. There really isn't enough substance to the ad to really even guess what really happened, but as she says at the end; "This has got to stop"

Were they over charged by the defense attorneys? Did they really comply with the ADA or was it just the fire code? Why in the world did the judge have them on the phones for all that time? Why didn't they take the free elevator that they were offered? Why is the U S Chamber again really on these emotional abuse of children ads that really seem to have no substance? Other stories about this case add that maybe they really had an issue with their landlord, because basketball town actually sued the property management.

Let's say the lawsuit was completely made up. Maybe they could have asked for a dismissal when they were on the phone with the judge. Let's say the suit had merit, maybe they should have taken responsibility instead of using it as an example of the victim mentality.

When it comes down to it, the U S Chamber continues to just distort whatever happened, to again broadly call for the shutting of courthouse doors on ordinary Americans. Frivolous arguments with at best anecdotal guessable facts to take away constitutional rights. Hopefully, more and more people are seeing this for what it is.

Originally posted at InjuryBoard by Mike Bryant

Eleven Year Old Girl Bitten By Pit Bull

Mike Bryant — Wed, 05 Aug 2009 01:35:37 GMT

This am, a St Cloud little girl was bitten by a pit bull. Her family was apparently holding the dog for a friend. She was taken to the hospital due to multiple puncture wounds and torn flesh. It is hoped that she got needed medical care and heals quickly.

Here at the Injuryboard, a number of members have written about not only these type of bites, but also the injuries particular to pit bulls. According to the Centers for Disease Control and Prevention, every year 4.5 million Americans are bitten by dogs. In Minnesota we have a solid dog bite law that imposes strict liability on the owner of the dog, unless the dog was provoked.

Good advice to avoid getting bit is:

♦Never approach an unfamiliar dog.

♦If you are approached by an unfamiliar dog, remain motionless until the dog leaves the area. Do not scream or run from dog.

♦If a dog should attack, throw something at it; a purse, jacket, backpack or anything that can come between you and it.

♦If you are a dog owner, have your dog spayed or neutered, take your dog to obedience classes and avoid chaining your dog.

If you are bitten:

♦Children should tell an adult right away.

♦Wash the wound with soap and water and consult a doctor. Serious bites can cause permanent scarring, so ask for a plastic surgeon certified by the American Board of Plastic Surgery.

♦Report animal bites to Animal Care and Control. Be prepared to provide as much information about the animal as possible.

If you or a family member is bitten or injured by a dog, get the name of the owner. See a doctor. If you need help, get the advice of attorneys who are knowledgeable in handling these cases. Early investigation, needed photographs, and proper evaluation can be the difference between an appropriate recovery and inadequate justice.

Originally posted at InjuryBoard by Mike Bryant

Furniture Needs To Be Child Safety Proofed

Mike Bryant — Tue, 04 Aug 2009 09:06:00 GMT

From time to time, we get called concerning children who have been injured by falling furniture. A case recently that made it to the Minnesota Court of Appeals which found that parents were responsible for protecting their children when they were with their children at the time of an injury from a falling bookcase at a neighbors house. There may be more said about that case in the future, but for now parents need to always be vigilant.

The Minneapolis Tribune provided a number of great tips to prevent injuries:

• Put TVs on stands that are low to the ground. Consider attaching them to the wall with safety straps or even Velcro.

• Avoid putting tempting items, such as toys, on top of furniture. Kids might try to climb up to retrieve them.

• When buying new furniture, select pieces with wide legs or solid bases.

• Install drawer stops that prevent drawers from pulling all the way out and falling on little toes.

• Put heavy items on shelves lower to the ground to prevent tipping.

Each parent or adult who has children around should review this list and make sure each child is safe.

Originally posted at InjuryBoard by Mike Bryant

One At A Time Is Best For Trampolines

Mike Bryant — Mon, 03 Aug 2009 09:29:00 GMT

Recent research from Scotland suggests that one is the best number for a trampoline. The study found that 3/4 of all trampoline injuries come from multiple people being on a trampoline together. They also found that the weight of each person played a role. With smaller jumpers being under heavier stress and susceptible to great risks.

Injuryboard member Jeremy Thurman has been providing some great information about trampoline injuries. Hopefully, this study will also provide people with better ways to protect each jumper. Seems like a great way to still have fun, but also to protect everyone.

These cases can be complicated. Often, there are coverage issues which require the right attorney with the right knowledge and experience. It's a lot easier to be safe.

Originally posted at InjuryBoard by Mike Bryant

Don't Get Bitten

Mike Bryant — Fri, 05 Jun 2009 09:53:00 GMT

According to the Centers for Disease Control and Prevention, every year 4.5 million Americans are bitten by dogs. In Minnesota we have a solid dog bite law that imposes strict liability on the owner of the dog, unless the dog was provoked.

Good advice to avoid getting bit is:

If you are bitten:

Originally posted at InjuryBoard by Mike Bryant