Dram Shop Liability

What Is Dram Shop Liability and What Does It Cover?

Dram shop liability refers to an individual’s right to press charges against a bar, restaurant or other alcohol-selling facility that gave alcohol to an obviously intoxicated person, resulting in an accident or injury of some kind.

Only some states observe dram shop liability, and there is much debate over the issue. Opponents state that dram shop liability removes or reduces the importance of personal responsibility when drinking. Supporters, however, argue that it broadens the spectrum of responsibility. By making it possible to press charges against alcohol vendors, these supporters hope that the vendors will more seriously consider how much alcohol they sell to their customers.

Dram Shop Laws

Laws regarding dram shop liability vary widely from state to state, and there are at least ten states in the US that currently have no dram shop liability laws of any kind. Alternately, some states, such as New Jersey, do not only threaten commercial establishments with liability, but social hosts as well with their social host liability law. This law holds an individual responsible for the actions of an intoxicated guest if they (the host) provided the alcohol.

Giving alcohol to someone under the age of 21 is a crime in all 50 states, but in some states, commercial establishments that give alcohol to a minor are not only liable for any injuries the minor causes to a third party, but for injuries they sustain themselves, as well.

With such widely varying laws regarding dram shop liability, it is important to contact a legal professional if you think you might have a dram shop claim. Contact the Minneapolis dram shop lawyers at Terry & Slane, PLLC today at 612-362-0000 for more information.

Highway Driving Safety Tips

In 2005, there were an estimated 6,420,000 automobile accidents in the United States alone, accounting for 2.9 million injuries and 42,636 fatalities. While it is impossible to assume that all automobile accidents can be eliminated, many of the aforementioned accidents, injuries, and fatalities could have been prevented if the driver(s) involved had practiced safe highway driving.

Here are some tips you can keep in mind when driving on highways to protect yourself and other motorists:

• Avoid lingering near large commercial vehicles. Large trucks have a great view out their front and side windows, but have notoriously nasty blind spots. If you are passing a large truck on the highway, do so in a quick (but always safe) manner. A good rule of thumb is to look for the driver in his side mirrors. If you can see the driver’s face, then the driver can see you. If not, make sure you do not spend too much time alongside the truck, as the driver might not see you when changing lanes.
• Larger cars and trucks do not have the same braking speed as smaller cars, so avoid quickly pulling in front of them on the highway—they may not have enough time to slow down before hitting you.
• Be aware of how weather conditions may affect your visibility. Driving at increased highway speeds will decrease your visibility due to rain or spray from other vehicles. Be sure your windshield wipers are working properly before driving, and use them when necessary.
• Signal in advance, and pay attention to the signals on other cars. Many people wait until the last minute to change lanes for an exit or entrance, and the speed with which they change lanes can result in accidents. Make sure that you give yourself adequate time for lane changes, that you always signal before doing so, and that you are aware of the needs of other drivers.

By paying attention to these tips, and by driving in a friendly and courteous manner, you can reduce your chances of being in a highway automobile accident.

If you or someone you know has been injured in an automobile accident, contact the Minneapolis car accident lawyers of Terry, Slane & Ruohonen, PLLC today at 612-362-0000 to discuss your legal options.

Jaywalking

When people find themselves in a hurry to get somewhere, or when they are simply impatient and unwilling to wait for their proper turn at an intersection, many individuals will choose to cross a street wherever they please, ignoring posted safety signs and traffic lights.

Most people are familiar with this act, known as jaywalking. In most places in North America, jaywalking is technically described as a pedestrian crossing a roadway outside of the prescribed crosswalks or other areas designated for pedestrian crossing.

The Legality of Jaywalking

However, it is important to distinguish that jaywalking only refers to this act when doing so is illegal. If a certain location has no laws regarding where pedestrians can cross a street, then doing so outside of provided crosswalks is not technically jaywalking. Nevertheless, nearly all urban areas in the United States have laws regarding appropriate intersection crossing locations for pedestrians. Punishments for breaking this law range from a verbal warning, to a required court appearance, to a $750 fine.

The Dangers of Jaywalking

Jaywalking laws were established to protect both pedestrians and motorists on the roadway. Accidents that occur between automobiles and pedestrians are typically very serious, and yet are almost always avoidable.

The danger of jaywalking is that it puts a pedestrian into a location on the road where drivers are not anticipating them. When a driver approaches a crosswalk at an intersection, they will typically check for people walking past, as it is an expected place to encounter people on foot. However, driving down the middle of a road or highway, drivers will oftentimes not notice a pedestrian until it is too late, as they were not anticipating the presence of anyone on foot at that location.

Collisions between pedestrians and automobiles can be devastating and costly. If you or someone you know has been involved in a pedestrian-automobile collision, contact the Minneapolis car accident lawyers of Terry, Slane & Ruohonen, P.L.L.C. today at 612-362-0000 to discuss your legal rights and options.

What is a Traumatic Brain Injury?

Traumatic Brain Injury (or TBI) occurs when an individual suffers a physical injury to their head or brain. The severity of TBI can range from very mild to very severe, depending on the severity of the accident causing the injury. Traumatic Brain Injury is a major cause of death and disability worldwide, and one of the leading causes of death in individuals under the age of 45.

What Can Cause a Traumatic Brain Injury?

TBI can be caused by a range of factors—really, any type of injury that puts your brain at risk. Frequent causes of traumatic brain injuries include:

• Violence
• Transportation accidents
• Construction accidents
• Sports
• Slips and falls
• Motor vehicle accidents
• Blunt force trauma
• Blast injuries (from explosions)

What Are the Symptoms of TBI?

Depending on the source and severity of your injury, its symptoms can be quite varied. The symptoms also correlate to the section of the brain that was injured.

With cases of mild TBI, it is possible that individual may lose consciousness for a few minutes. Other symptoms of mild TBI can include:

• Headache
• Dizziness
• Vomiting
• Nausea
• Difficulty walking or balancing

In cases of moderate or severe traumatic brain injury, these symptoms may remain the same, only with stronger effects. Additional symptoms that may appear include:

• Anisocoria (one pupil bigger than the other)
• Headaches that get worse over time
• Seizures
• Difficulty waking up
• Slurred speech
• Poor coordination

If pressure inside the brain becomes too high, it is also possible that an individual could suffer from brain herniation and brain death.

Brain injuries are not only dangerous, but can incur high medical costs. If you or someone you know has been injured and has suffered a traumatic brain injury, contact the Minneapolis brain injury lawyers at Terry, Slane & Ruohonen, P.L.L.C. by calling 612-362-0000 to ensure you get the representation you deserve.

Understanding Assault

Assault is defined as a crime of violence against another person, and in the United States, can also be understood as “the threat of violence caused by an immediate show of force”. Assault is often misunderstood or confused with battery, which is a charge that specifically describes unwanted physical harm or contact.

Defining Assault

Assault can generally be understood as an attempt to commit a battery, which is defined as an act of physical violence against another person. Typically, the charge of assault is treated as a misdemeanor and not a felony. To prove assault, common law requires four elements to be present:

• The apparent and present ability to carry out the assault
• An unlawful attempt to assault another person
• A violent injury
• The person who committed the assault did so upon another person

An individual can be charged with simple assault even if he or she did not intend to physically injure another person. Assault can also be used to describe unwanted physical contact that a victim finds inappropriate or considers to be a breach of his or her personal space.

Aggravated Assault

While simple assault is usually classified as a misdemeanor, there are assault charges that are far more serious in nature and classified as felonies, such as aggravated assault.

Aggravated assault, in most jurisdictions, is judged as displaying one or more of the following attributes:

• An attempt to seriously injure another individual
• Causing injury purposely, knowingly, or recklessly in an instance that shows indifference to human life
• Assault that involves the use of a deadly weapon

Charges for aggravated assault are far more serious than those for simple assault cases. The average sentence for an individual charged with aggravated assault in the US ranges between 30 and 90 years of jail time.

Contact a Minneapolis Assault and Battery Lawyer

If you or someone you know has been the victim of assault and / or battery, contact the Minneapolis assault and battery attorneys of Terry & Slane, P.L.L.C. today at 612-362-0000 to secure the representation you need.

Medical Malpractice

Medical malpractice is a form of negligence which entails an act or an omission by a health care provider which deviates from accepted medical standards. This deviation results in injuring the patient.

When this happens, the patient, or a party acting on behalf of the patient, can become a plaintiff in a civil lawsuit. The health care provider at fault then becomes the defendant. While this is generally the physician, the term “health care provider” can refer to anyone from nurses, therapists, dentists, or anesthesiologists. Also, health care providers who followed negligent orders are not protected from liability. Any negligence by any health care provider is dangerous and should be addressed.

There are four requirements that must be fulfilled to prove medical malpractice. These four requirements are as follows:

• A duty was owed: This means that the health care provider undertook treatment of the patient.
• That duty was breached: The health care provider was negligent in action and deviated from medical standards.
• The breach caused injury: The injury was directly caused by the negligence of the health care provider.
• There were damages: These may be monetary or emotional. Without damages, a case cannot be brought against the health care provider, whether negligent or not.

Medical malpractice can lead to serious injury which must be accounted for.

Contact a Minneapolis Medical Malpractice Attorney

If you or someone you know has been a victim of medical negligence, contact the Minneapolis medical malpractice lawyers of Terry, Slane & Ruohonen at 612-362-0000.

Doctors hold one of the most important occupations in our society: diagnosing, treating, and preventing illness and disease in our population. In many cases, doctors act responsibly and are able to do their job effectively and appropriately.

Unfortunately, this is not the case for all doctors in our medical system. Many doctors fail to adequately perform their jobs and patients who are sick and in desperate need of medical care are the ones who must suffer. One way this frequently happens is when a doctor fails to diagnose a patient in a timely manner.

Dangers of Failure to Diagnose

Individuals suffering from various medical conditions are in desperate need of fast and effective medical treatment. In many instances, doctors who face medical challenges that are above their heads do not refer people to specialists or other doctors, and continue to try to diagnose the problem themselves with no avail.

Again, it is the patient who suffers from this type of negligent behavior. This practice becomes especially dangerous when the illness / disease an individual is suffering from is time-sensitive in nature.

The most notable example of this is perhaps, cancer. If a doctor fails to diagnose cancer in a patient in a timely manner, or fails to refer the patient to a specialist, the cancer will continue to spread and worsen in the patient. This could potentially reach a point where the cancer is no longer treatable, or is not treatable without invasive measures.

Doctors must be held to the highest levels of accountability because of the importance of their work. When doctors fail to act responsibly, it is imperative that they be held accountable for their actions to prevent similar events from happening in the future.

Turn to a Minneapolis Medical Malpractice Attorney

If you or someone you know has failed to be diagnosed by a doctor, contact the Minneapolis medical malpractice attorneys of Terry, Slane & Ruohonen, P.L.L.C. today at 612-362-0000 to discuss your case with an experienced legal professional.

Lead based paint is a serious danger, especially in older homes and buildings. It takes a very small incidence of lead in your blood to cause lead poisoning and adverse medical effects. Lead based paint can easily be protected against, yet it still exists in many places. This, unfortunately, can lead to terrible and unnecessary dangers.

The easiest way to counteract lead based paint is to paint over it. This seals the paint and keeps it from being dangerous. Because newer paints are less likely to chip and deteriorate into dust, they keep the lead from the previous coat of paint at bay.

If lead based paint is not protected against, it can chip and deteriorate into dust. This is how the paint becomes dangerous. Lead based paint has a sweet taste to it that makes some younger children more likely to eat the paint chips. This puts a great deal of lead into their bloodstream and can cause both physical and mental growth defects.

If lead based paint is allowed to deteriorate into dust, it can easily become airborne. This makes it very easy for you and your family to inhale the lead. Once there is lead in your bloodstream, even in small amounts, different levels of lead poisoning will begin to show.

Lead based paint is very dangerous, but easily counteracted if you know that it is there. Nobody should ever have to deal with lead poisoning from paint.

Call a Minneapolis Personal Injury Lawyer

If you or someone you know has suffered from lead poisoning, whether from paint or another source, contact the Minneapolis personal injury lawyers of Terry, Slane & Ruohonen at 612-362-0000.

Pools can provide an excellent source for enjoyment, relaxation, and exercise, especially during the hot summer months. Nevertheless, it is important for everyone to be aware of certain risks surrounding pools in order to ensure that their family and friends remain safe. By educating yourself on the possible dangers associated with pools, you can help your family enjoy the summer free of injury and harm.

Slips & Falls

One of the most common causes of accidents in and around pool areas are due to easily preventable slips and falls that can result in broken bones, traumatic brain injury, or even death.

The first step to preventing slips and falls around a pool is to ensure that the tile or brick surrounding the pool does not have large amounts of standing water. The more water there is pooling on the ground, the more likely it is that someone will slip and fall, especially since most people walk around pool areas in their bare feet.

Keep a broom, mop, or set of towels handy to soak up any excess water that gathers around a pool area to keep individuals safe from slipping and falling.

Safe Behavior

It is important to ensure that everyone around a pool is behaving in a safe and responsible manner. For children, this will usually mean avoiding running or roughhousing in the pool area. When children are running or getting overly excited, they are not aware of the dangers that a pool area can bring and are more likely to slip and fall.

Adults should refrain from drinking excess alcohol in the vicinity of a pool, as it will diminish their ability to act safely and avoid accidents. Pools can be relaxing and enjoyable places if you ensure that everyone around them is behaving in a proper manner and that the area around the pool itself is safe and hazard-free.

Contact a Minneapolis Slip and Fall Injury Lawyer

If you or someone you know has slipped and / or fallen near a pool, contact the Minneapolis pool injury lawyers at Terry, Slane & Ruohonen, P.L.L.C. today by calling 612-362-0000 to schedule a consultation.

Each year in the United States over 200,000 children are treated in Emergency Rooms for injuries they sustained while playing at a playground. While some of these injuries could be prevented with proper adult supervision, many of them are because of the safety of the playground itself. Before you let your child play on a playground, you should make sure that it is a safe and secure spot.

Adult Supervision

The first and foremost way to prevent your child from being injured on a playground is to properly monitor them at all times. Even if playground equipment is completely safe, children can still be injured by using the equipment in an improper manner or by playing with other children in a way that is unsafe. As such, it is imperative that you monitor your child’s actions whenever they are playing on a playground.

• Playground Surface Design
• Playground Slide
• Playground Swing
• Playground Merry-Go-Round

The Playground Surface

When children are running around and playing together, it is inevitable that slips and falls will occur, which is why it is very important that the surface of a playground is made of a soft , forgiving material. Playgrounds with cement or concrete surfaces are very dangerous, and they provide no cushion in the event of a fall. Sand, safety-tested rubber, or mulch are much safer for children.

Also, the surface should be clear of any rocks, broken glass, or other debris that could be harmful if stepped on or fallen upon.

Playground Equipment

You should check all playground equipment before allowing your children to play on it. For structures made of wood, you should check to see that there are no jagged edges that could produce splinters and that and any all nails are hammered in all the way so that children cannot puncture themselves on them.

There should also be guard rails for elevated structures and sufficient spacing between swings. All items that contain moving parts (such as see-saws or merry-go-rounds) should be kept a safe distance away from other playground structures.

Finally, you should make sure that your child is playing on structures that are appropriate for their age. Not all playground equipment is designed for all children, and you should exercise caution when deciding which structures are right and safe for your child.

Playground Equipment

If your child has been injured due to dangerous or faulty playground equipment, contact the Minneapolis playground injury lawyers of Terry, Slane & Ruohonen, PLLC today by calling 612-362-0000.