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Who is Liable for a School Field Trip Injury?

The Relentless Pursuit of Justice

This coming Spring semester, your child’s school may be preparing a field trip to the local zoo or museum. These trips are educational, fun, and offer a break for students who may be a bit frustrated sitting in class. These trips away from school can also increase the risk of injury for your child. There have been cases of children being bitten at the petting zoo or falling off park rides. Parents can and have filed lawsuits against the responsible parties as well, seeking compensation to cover the cost of their child’s injury. How did the parents, however, prove who was liable for their child’s injury?

Both schools and businesses can be held responsible for a child’s injury during a school trip. Businesses open to the public can be held liable for injuries that occur on their property. Businesses are required to be cautious and minimize the risk of injury for anyone on their property. This can include:

  • Maintaining and repairing equipment. If your child is injured on a defective or malfunctioning ride, the establishment could be sued for this negligence.
  • Installing warning signs.
  • Installing safety devices like guardrails.

Parents may also sue the school for the child’s injuries. School personnel are required to supervise their students and ensure that everyone is safe and accounted for. If your child is injured due to neglect on the part of the teacher, parents could potentially file a lawsuit against the school. However, keep in mind that if your child goes on a school field trip, the school may require you to sign a waiver and release of liability. These waivers are not always legally binding, however, so they may not be as detrimental to your case as you might initially believe.

If you need assistance filing a personal injury claim for your child’s injuries sustained on a field trip, contact the personal injury lawyers at Goldwater Law Firm. Our attorneys have years of experience handling personal injury cases involving adults and children. Schedule a consultation today.

There has been a rise in lawsuits against pharmaceutical companies and manufacturers for defective drugs. Usually in these lawsuits, patients who took the defective medication suffered injuries and are seeking compensation for damages. Manufacturers of these medications are required to test their products before letting the public access them. Testing criteria is set by the Food and Drug Administration, or FDA, but this does not mean that the manufacturer’s liability is affected if a medication is proven to be defective. Here is how liability could be proven if you’ve been injured by a defective drug.

The FDA has approved the use of prescription opioids, but opioid manufacturers are still being sued for negligence, defects, and injuries caused by opioids. However, the lines of liability can get a bit murky when it comes to tracking down and proving who was responsible for providing the defective drug. From the doctor who prescribed the pill to the pharmacist who filled the prescription, either party could be liable for your injury. In most defective drug lawsuits, the injured party will have to prove that the manufacturer, doctor, or other accused party owned them a duty of care. The injured party must further prove that the accused party breached their duty of care, this breach resulted in injury, and the injured party suffered damages as a result. It can be tough figuring out who exactly was negligent for what, so it is recommended to contact an experienced lawyer who can help you organize your evidence.

Keep in mind the manufacturers have a duty to warn their consumers of general side effects their drug may cause in a patient. However, it is possible for a manufacturer to be unaware of an undiscovered symptom their medication could cause. Even if this is the case, manufacturers are responsible for knowing all there is to know about their drug and further, for keeping their client’s knowledge up-to-date as more information regarding the use of their medication comes up. There are also medications that can be considered unavoidably unsafe. This means that no matter how carefully made these medications are, they still have potential to cause severe side effects. If these drugs are prepared correctly and have the correct warning labels on them, the manufacturer could have a winning defense against a defective drug lawsuit.

Were you injured due to unexpected side effects from a prescription medication? Contact an experienced attorney today. The personal injury lawyers at Goldwater Law Firm can give you appropriate legal counsel and do their best to get you the justice you deserve.

In October of last year, a man suffered a brain hemorrhage that his wife claims was caused by excessive energy drink consumption. The doctors, the woman claims, blamed the energy drinks after running a toxicology and drug report. The injured patient had to go through extensive surgery, losing part of his skull and a great deal of every day skill sets due to swelling in the brain. It has been documented that energy drinks can cause heart palpitations and are particularly dangerous to mix with alcohol. However, this injury is far more severe. Can energy drinks really cause brain hemorrhages?

According to the National Institute of Health (NIH), the large amount of caffeine found in energy drinks can cause anxiety, sleep disruption, and digestive problems. They can also cause blood pressure, blood flow, and hearth rhythm issues. In the case of the man who suffered a brain hemorrhage, it is theorized that due to over-consumption of energy drinks, the victim’s blood pressure may have risen. This could have increased the risk of and caused the hemorrhage. In the drinks the man consumed, doctors noted an additional ingredient similar to amphetamines and others known to stimulate the sympathetic nervous system.

The victim survived his injuries and continues his long journey towards recovery. However, some folks are not so lucky. Energy drinks have been blamed for several deaths, including a teenage boy who was reported to have drunk too much caffeine too quickly, causing his heart to go into cardiac arrest. Further, 5 Hour Energy came under fire for 13 death cases linked to their energy drink. It’s not just the ingredients in the can but also how much is being consumed in one sitting. Keep this in mind before you drink that second Red Bull.

When it comes to injuries caused by energy drinks, many people don’t know where to turn for help. The lawyers at Goldwater Law Firm have the knowledge and experience you need to help file your personal injury case. Contact us today.

A few attorneys charge their clients based on a number of hours they work on an issue for their client. Others charge a fixed amount for dealing with certain kinds of difficulties. Many personal injury attorneys are compensated a fraction of the money a person finally acquires as a part of a settlement or trial. This is termed a contingency fee.

The manner this normally performs is the attorney consents to take the claim and his or her best to obtain an acceptable settlement. If a settlement cannot be attained, then the attorney will bring the case to trial and request a jury to determine what the client ought to be compensated. At the start of the case, the client concurs that the attorney’s compensation will arise from the money he or she obtains for the client; a chosen fraction of the amount amassed. When money is acquired for the client, the attorney then seizes that fraction of the money amassed.

Also, the client and attorney normally concur at the start of the claim that the attorney will compensate all the litigation connected expenses of the case until money is amassed for the client. The compensation of those litigation expenses, besides the contingency fee, arises from the money amassed for the client. These litigation expenses might consist of filing expenses at the courthouse, expenses for investigators, expert witnesses, and the fee for acquiring medical records. These expenses are unconnected and distinct than lawyers’ expenses. Expenses are to compensate the attorney for his or her time, expertise, and endeavor. They compensate operating cost the lawyer must reimburse up front to proceed a personal injury claim to a settlement or trial.

It ultimately is concurred at the start of a case that if the attorney does not prevail in acquiring any money for the client, then the client will not be indebted any costs at all to the attorney as well. Costs in a personal injury claim nearly always rely on the attorney being triumphant in acquiring money for the client. On the other hand, the client might still have to pay back the attorney for fees connected to the personal injury claim.

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If you don’t see the category for your type of case, please call us at 1.800.205.3311 to discuss your legal matter
and whether we can help you.


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