St. Louis Injury Lawyer Blog

St. Louis Injury Lawyer Ryan Cox and the entire staff at our law offices wish each of you a safe and enjoyable Fourth of July and urge you to leave the fireworks to the professionals.

The majority of fireworks injuries in St. Louis occur over the Fourth of July holiday. Whether a victim is injured during a private fireworks display on someone's property, or during a public firework's show, a Missouri premise liability attorney should be consulted to protect the rights of anyone who has been injured in a fireworks accident.

Fireworks pose the threat of serious injuries. In 2006, 11 people were killed and more than 9,200 were treated in emergency rooms for fireworks-related injuries, according to the Centers for Disease Control and Prevention.

Channel 3 reports that Missouri Fire Marshal Randy Cole is asking the public to enjoy a professional fireworks show as the safest option.

"Too often during the July 4th holiday, someone playing with fireworks winds up getting hurt, hurting a bystander or starting a fire," said Cole. "The misuse of fireworks in backyards and neighborhood streets is dangerous for everyone involved. Even sparklers--which some people mistakenly think are harmless--can lead to serious burns."

At least four people have been seriously injured by fireworks in the Jefferson City area during the last week. In the first case, a man suffered hand injuries when consumer fireworks exploded. In the second case, a woman suffered life-threatening injuries in a fireworks explosion at her home. Two other people were also injured in that incident.

The National Fire Protection Association reports that fireworks caused an estimated 22,500 fires in 2008, including 1,400 structure fires and 500 vehicle fires.

Children are the frequent victims of fireworks accidents. More than one-third of fireworks injuries involve children under the age of 15 and nearly half injure young people under the age of 20. The most frequent injuries involve the hands, eyes, head, face and ears. More than half of all injuries involve burns, although contusions, laceration, blunt-force trauma and foreign objects in the eyes are also commonly reported.

Firecrackers cause the greatest number of injuries, followed by sparklers and rockets.

Common causes of fireworks injuries include high-grade fireworks sold to consumers, being too close to fireworks, operator error, lack of coordination, child curiosity and experimentation with homemade devices.

Continue reading "St. Louis fireworks injuries a danger during Fourth of July celebrations" »

A 68-year-old Chaffee man was killed in a Missouri ATV accident Wednesday night, the South Missourian reported.

ATV accidents are responsible for an alarming number of accidents. Anyone injured in an ATV accident should contact a St. Louis injury lawyer to discuss their rights. In this case, the Missouri State Highway Patrol reported the man was riding in a private field two miles southeast of Chafee when the vehicle overturned, landing on him. He was pronounced dead at the scene by the Scott County Coroner.

A Missouri premise liability claim can arise when a rider is injured on someone else's property. In general, a property owner's insurance coverage can be held responsible for medical bills and other expenses incurred by a victim who is injured on business or private property.

In other cases, a defective vehicle can lead to a claim against the manufacturer. Additionally, federal law requires sales agents to provide safety training and failure to do so can result in a claim against an ATV seller or distributor.

A total of 68 people died in Missouri ATV accidents between 2006 and 2008, according to ATVSafety.gov, the government's website. Missouri ranks 15th for the state with the most number of fatal ATV accidents over the last 25 years; a total of 282 people have been killed in accidents in Missouri.

Nationwide, More than 800 people a year are killed and 135,000 are injured in All-Terrain Vehicle accidents.

The following safety tips are provided by the U.S. Consumer Product Safety Commission. Other ATV safety information is available at ATV Safety:

-Seek appropriate safety training

-Wear a helmet

-Ride age-appropriate equipment

-Don't ride double

-Don't ride on pavement

-Don't ride under the influence

Missouri ATV Laws are available here.

Continue reading "ATV accidents can lead to St. Louis premise liability claim" »

The end of the school year is an excellent time to talk to your children about pool and water safety.

St. Louis swimming pool accidents occur almost exclusively between Memorial Day and Labor Day. Tragically, small children are the most frequent victims. In response, the Consumer Products Safety Commission has launched a nationwide Pool Safety Campaign, aimed at increasing safety and awareness through the hot summer months.

As FOX2 reported, public swimming pools in the St. Louis area have opened early in response to the unseasonably warm weather and the American Academy of Pediatrics has revised its recommendation that parents wait until a child is 4-years-old before taking swimming lessons; parents should consider enrolling children as young as 1-year-old in a pediatric swimming program.

While most pool drownings occur in hot-weather states like Florida and Arizona, there is evidence that children in northern states are at increased risk because of their relative inexperience around swimming pools. Pool owners have an obligation to maintain safe conditions and ensure the safety of guests. Swimming pool accidents -- whether in a residential pool or a commercial swimming pool at a hotel or apartment complex -- frequently lead to a Missouri premise liability claim against the property owner.

Near-drownings are especially complex cases that should always be handled by an experienced Missouri child injury lawyer; issues impacting motor skills, coordination and cognitive function may result and are not always readily apparent in small children.

-Each year, an average of 385 pool and spa-related drownings kill children younger than 15 -- in 4 of every 5 cases, the victim is child under the age of 5.

-Meanwhile, about 4,200 children are treated in emergency rooms each year for injuries sustained in a near-drowning accident; half of those cases involve children ages 1 to 3.

"It is important to keep in mind that these numbers represent family tragedies. Preventing child drownings year round is a priority for the CPSC," Chairman Inez Tenenbaum said. "The Pool Safely campaign will start a national conversation with parents and children, pool owners and operators and industry professionals about the simple safety steps they can take to protect themselves and their families in and around pools and spas. These incidents are preventable, so our mission is to change the way families think and act about pool and spa safety."

The American Academy of Pediatrics offers the following swimming safety tips:

-Never leave a child alone near a swimming pool.

-Touch supervision should be practiced with children younger than 5, meaning an adult is no more than an arm's length away at all times.

-A fence or other barrier must be constructed around a swimming pool.

-Keep rescue equipment and a telephone near the pool.

-Floaties and other swimming aids should not be used as a substitute for approved life vests.

-Toys should be removed from a pool area when not in use so that young children will not be tempted to approach a swimming pool unsupervised.

-Functioning gates should secure a swimming pool at all times.

-Appropriate safety covers should be used and should be removed prior to swimming; children can become entrapped in a pool cover.

-Don't rely on swimming lessons; just because a child can swim does not mean that he or she is safe in the water.

You can read more about St. Louis County swimming pool regulations.

Continue reading "St. Louis swimming pool accidents a summer danger" »

I recently resolved a St. Charles County dog mauling case for $500,000.00, which I believe is the highest recovery ever recovered for a dog bite case in the county.

On October 17, 2009, my client and his grandson were enjoying his backyard when a pit bull mix named "Rufus" owned by a rear facing neighbor suddenly and without warning began barking ferociously. Soon after barking, Rufus charged the fence separating the two properties and attempted to get into my client's yard through a hole the dog had dug under the fence line. Fearful that the dog would make it under the fence, he began to place bricks inside the hole to act as a barrier.

While my client was placing several bricks in the hole, Rufus put his head under the fence, grabbed him by the hand, pulled him to the ground, and dragged him underneath the fence before gouging into his arm. The dog did not release its grip until it was struck in the head by a rock from a neighbor.

Upon arriving at the dog owner's house, St. Charles County Animal Control found Rufus acting extremely aggressive towards other officers on the scene. As soon as an Animal Control officer placed a control rod around the dog it became even more violent, and attempted to bite the rod. Despite the dog's violent behavior, the dog's owner stated that he had never had a problem with the dog biting, attacking, or acting viciously. After spending several days in quarantine, the dog was put down.

Research I conducted along with the St. Peters Police Department and St. Charles County Animal Control revealed that at the time of the attack, the dog's owner had been in violation of at least four City of St. Peters ordinances, including sections 205.020 (failure to provide adequate food, shelter, and protection), 205.120 (dog loose on owner's property without sufficient restraint), 205.130 (habitual barking/nuisance), and 205.300 (biting). Other neighbors had repeatedly complained about the dog barking before the attack, but no neighbors had ever been attacked or bitten.

As a result of the attack, my client was taken to the emergency room at St. John's Hospital with tissue injuries to his right forearm, wrist, and hand. He had a large de-gloving injury to his forearm which included a full thickness loss of skin and subcutaneous tissues from the dorsal and volar sections with exposure of muscles, tendons, nerves, and blood vessels. He also sustained deep lacerations and an open fracture of his right palm and fifth finger. These injuries included cuts to the radial and ulnar nerves, multiple extensor tendons and extensor muscles. My client underwent several surgeries and had local wound care which included twice daily dressing changes and whirlpool treatment in addition to narcotics and IV antibiotics from an infectious disease specialist.

While my client had a large amount of damages from the mauling, the challenging part of the case involved proving liability. In Missouri, generally you cannot recover damages from the owner of a dog that causes physical harm unless you can show the owner possessed knowledge prior to the incident at issue of the dog's vicious or dangerous propensities, which is often very difficult to prove without independent witnesses. In my client's case, the owner denied such knowledge and no one could be found to testify to any prior aggressive behavior.

With such a strict liability claim not an option, I then looked to the Animal Control ordinances of the city of St. Peters to determine if any would apply to my client's situation. This is where I found that at least four city ordinances had been violated. In Missouri, such violations constitute per se negligence if the injured is a member of the class of persons said ordinance was intended to protect and the injuries are the type that the ordinance was designed to prevent. Since my client met these requirements, liability was established.

Aside from strict liability claims and negligence per se, there are other ways of establishing liability that I have used in other cases. If you have been attacked or bitten by a dog, I am more than willing to discuss these claims with you. Please remember that every case depends on the facts and no prior outcome is a guarantee of future success. This is why you need a lawyer to evaluate your claim.