Oklahoma City Personal Injury Lawyer

How to Handle Dog Aggression

Jeremy Thurman — Wed, 21 Mar 2012 10:57:52 GMT

No one wants to admit they have an aggressive dog, but the fact is, many dogs do show signs of aggression, even when they're loved and well cared for. An aggressive dog isn't necessarily a bad dog, and it doesn't mean there's no hope, either. The Oklahoma dog bite lawyers at McIntyre Law see too many instances where dog bite injuries have occurred because an aggressive dog was not treated properly. The key is to know what's causing the aggression, and to take steps to change the behavior. A dog can show aggression in many ways: growling, baring teeth, snarling, and even biting. Your first reaction may be to punish the dog for this behavior, but it's important to understand that aggression doesn't necessarily indicate a "mean" dog.

A dog may exhibit signs of aggression for many reasons—illness, injury, mistreatment, or mistrust, to name just a few. If your dog begins behaving aggressively, take him to a veterinarian first to rule out any illness or injuries that may not be apparent to you.

Aside from illness or injury, a dog may also exhibit aggression to show dominance, fear, maternal protection, sibling rivalry, territoriality, possessiveness (as when protecting food or toys), or even jealousy. Do you have more than one dog? Does one dog become aggressive when you show the other one attention? If so, your dog isn't bad or mean—he just needs some training. But knowing why your dog is being aggressive is vital to knowing how to deal with the aggression.

You may want to seek professional advice. An aggression problem won't go away by itself. You can consult an animal behavior specialist, or a professional dog trainer. Ask your veterinarian for recommendations.

You can also find a multitude of books, magazines, Web sites, TV shows, and online videos that offer dog training advice if you feel you can tackle the problem on your own. Until the issue is resolved, make an effort to avoid situations that prompt your dog's aggressive behavior:

If your dog is possessive of toys or treats or certain areas or is territorial of certain locations, prevent access.
Spay or neuter your dog if they have not been already. Intact dogs are more likely to exhibit aggressive behavior.
If your dog is exhibiting signs of aggression, especially towards other dogs, don't allow your dog to be around other dogs. This is especially true of taking your dog to a dog park. Your dog may get nervous and feel the need to defend himself.

Above all, do not punish your dog for aggressive behavior, and never hit him. Punishment will just make the problem worse. Punishing or hitting a fearful, territorial, possessive, or protective dog will elicit additional defensive aggression. Getting treatment for your dog is a much better solution for anyone who will be around your dog, and for your dog's well-being. Not to mention, it will help you avoid the costs of a dog bit lawsuit.

Originally posted at InjuryBoard by Jeremy Thurman

Three Girls Hit Outside Del City High School

Jeremy Thurman — Wed, 14 Mar 2012 12:46:33 GMT

Koco.com has just reported that three girls were hit by a car in front of Del City High School, according to fire department officials. Del City High School is located at 1900 S. Sunnylane Rd. The fire department has stated that parents of the students are at the scene with two of the injured students where they are being treated. The accident occurred during the student’s lunch break.

Currently, fire department officials are asking drivers to avoid Sunnylane Rd. between Southeast 15^th St. and Southwest 29^th St as southbound traffic is completely shut down and northbound traffic has been reduced to one lane. Precautionary measures are being taken and luckily, none of the injuries appear to be life threatening.

The speed limit in most school zones in Oklahoma is 25 mph. Because of the increased traffic at schools when students are coming and going, motorists really need to drive with extreme caution in these areas. In response to the increased risks for accidents during these school times, the Oklahoma Highway Safety Office (OHSO) has issued tips for motorists driving during peak school times.

Slow down and obey all traffic laws. Be aware of whether you are in a school zone.
If a school bus is stopped with red flashers on, drivers in both directions must stop before reaching the bus and must remain stopped until the lights are turned off.
Watch out for children walking or biclying in streets or gathering near bus stops.
When backing out of a driveway or leaving a garage, be aware of children in the area.

Originally posted at InjuryBoard by Jeremy Thurman

Rural Road Dangers

Jeremy Thurman — Wed, 14 Mar 2012 11:11:02 GMT

According to 2010 DUI statistics, a drunk driving crash in Oklahoma is roughly twice as likely to occur in a rural area because of poor or absent lighting. Forty percent of the alcohol-related fatalities in Oklahoma in 2010 occurred in rural areas with either poor lighting, or no lighting at all. Rural roads in poor condition and with a lack of lighting pose great risks to drivers.

In light of this disheartening information, it is encouraging that TRIP, a national non-profit transportation research group in Washington, D.C., has studied the issues regarding rural roads, and has put forth recommendations to fix the problems.

Rural America is considered to be the places with populations of 5,000 or greater outside of urban areas. In all, approximately 50 million people live in rural America, which is about 17% of the nation’s population. Rural America is home to a great deal of economic growth and productivity, especially in the agricultural and energy fields.

But safety on the roads throughout rural America presents concerns. The traffic fatalities on these roads occur at a rate three times higher than all other roads. Moreover, the traffic fatalities on rural roads are disproportionate compared to the amount of traffic that they carry. A report published by TRIP shows that Oklahoma’s rural roads are among the deadliest and deficient in the county.

In 2009, there were 444 non-interstate traffic deaths in Oklahoma out of 738 total traffic deaths. Thus, over half of the traffic deaths in Oklahoma occurred on non-interstate roads, with the majority being in rural areas. This statistic ranks Oklahoma 15th in terms of non-interstate traffic deaths in 2009, with Texas having the most with 1,490 out of 3,071 total.

Some of the factors that most likely contribute to the high fatality rates are the significant deficiencies present on rural roads. In Oklahoma, 30% of the rural roads were considered in poor condition in 2008, which was the third highest rating in the nation behind Vermont at 36% and Idaho at 31%. Rhode Island was also listed at 30%. Also, 23% of the rural roads in Oklahoma were rated as structurally deficient in 2010, also third highest in the nation, behind Pennsylvania at 28% and Rhode Island at 26%. Iowa was also listed at 23%.

To address these disturbing statistics and dangers, rural roads must be better maintained. At a minimum, they need better lighting. Until that can be accomplished, drivers should use extra care when driving on rural roads, especially at night.

Originally posted at InjuryBoard by Jeremy Thurman

Pfizer Recalls Birth Control Pills Because of Packaging Errors

Jeremy Thurman — Mon, 05 Mar 2012 15:16:18 GMT

Birth control is supposed to be a safe and effective way for women to plan their families and prevent pregnancies until they are ready for them. But various birth control products are coming under a great deal of scrutiny lately, making some women question whether they are safe enough to take.

On January 31, 2012, Pfizer Inc. announced that it was recalling one million packets of birth control pills because of packaging errors. The company stated that because of this error, women taking Lo/Ovral-28 or generic norgestrel/ethinyl estradiol pills could have received an inadequate dose of the drug, increasing the risk of unintended pregnancies. These pills were manufactured and packaged by Pfizer, and sold under the Akrimax Pharmaceuticals brand.

Medical experts have advised that women who have taken these pills should first take a pregnancy test if they have any symptoms of pregnancy. Then they should switch to a non-hormonal form of contraception if they are not pregnant, notify their health care provider of what happened, and return the defective product to the pharmacy.

The recall announcement by Pfizer comes a month after an advisory committee to the Food and Drug Administration stated that the labels on Yaz and Yasmin need to be strengthed to warn about possible blood clots as Yaz side effects. The two most serious side effects associated with Yaz and Yasmin are deep vein thrombosis (DVT) and pulmonary embolism (PE). DVT occurs when a clot forms in a vein deep in the body, such as the lower leg or thigh. If the clot reaches the lungs, PE may occur, which is when a clot blocks an artery in the lung, leading to oxygen deprivation, organ damage, brain damage, or even death.

Many women have experienced these symptoms, and so far, more than 10,000 lawsuits have been filed against Bayer, the maker of Yaz and Yasmin, alleging harm caused by taking the pills. For example, Lynsey Lee, a McIntyre Law client who is 19 years old, took Yaz when she was 16 to relieve severe menstrual cramping. She has been diagnosed with PE, and must take blood thinners daily. These side effects have destroyed her life, and she had to give up a full scholarship to Vanderbilt University to as she is too weak to handle a rigorous college curriculum.

Women should not have to worry whether birth control is safe or not. Unfortunately, the recent problems associated with certain birth control products have shown that some of them are unsafe. These products may not be worth taking as the benefits of them may be outweighed by the risks.

Originally posted at InjuryBoard by Jeremy Thurman

Motorcycle Safety More Important Than Ever

Jeremy Thurman — Mon, 27 Feb 2012 18:07:15 GMT

Motorcycles are a popular mode of transportation in the United States, with more than four million motorcycles registered. Low initial costs, pleasurable use, and good fuel efficiency all contribute to the popularity of motorcycles. But motorcycle safety issues abound since riding a motorcycle is more dangerous than riding in a car as motorcycles do not provide much protection in the event of a crash.

The Oklahoma motorcycle accident attorneys at McIntyre Law see far too many accidents involving motorcycles. Nationwide, motorcycle accident fatalities are on the rise. According to the National Transportation Safety Board (NTSB), motorcycle accident fatalities increased in 2010 to 4,502, up from 4,469 in 2009. Along with motorcycle accident fatalities, medium and heavy truck and bus fatalities also increased from 2009 to 2010. Medium and heavy truck fatalities increased from 499 to 529 while bus fatalities increased from 26 to 44.

While motorcycle, medium and heavy truck, and bus fatalities increased from 2009 to 2010, overall transportation fatalities have decreased. From 2009 to 2010, overall accident fatalities in passenger cars, vans, and light trucks decreased from 33,883 to 32,885. This data is encouraging, but the roads should still be much safer.

Motorcycle riding is much more dangerous than riding in a car because of the lack of protection from a crash that a motorcycle provides. A car has more weight and bulk, door beams, a roof, cushioning, and airbags that provide protection during a crash. Cars also have windshield washers and wipers to help with visibility. Cars are also more stable with four wheels instead of just two.

In an effort to increase motorcycle safety, two companies—Dainese and Alpinestars—have developed wearable air bags for motorcycle riders. They look like regular jackets, but can inflate within seconds to provide motorcycle riders protection in a crash. In one of the models, a tether has to be connected to the motorcycle, while the other model uses internal sensors to detect impact.

Both of these models cost thousands of dollars and are not yet available in the United States. But once more testing is done on these jackets and they become more widely available, the cost will go down. Although these wearable airbags are still being developed, they could dramatically reduce the number injuries and deaths from motorcycle accidents.

Originally posted at InjuryBoard by Jeremy Thurman

Denver TV Anchor Viciously Attacked by Rescued Dog

Jeremy Thurman — Mon, 20 Feb 2012 15:04:34 GMT

After being rescued from an icy lake a day earlier, an 85-pound Argentine mastiff attacked a Denver news anchor the next day on live TV. The dog, named Gladiator Maximus, or Max, fell into a frigid Lakewood, Colorado lake Tuesday after chasing a coyote. The dog’s owner did not have the mastiff on a leash and the dog spent about 20 minutes in the water before firefighters arrived to help.

On Wednesday, a live TV news segment was held with the purpose of reuniting the firefighter who rescued the dog, the dog’s owner, and the dog itself. But the reception turned frightening when the mastiff bit the news anchor on the face after she tried to pet the dog. The dog’s owner was subsequently cited for failure to have his dog on a leash, allowing a dog to bite, and failure to have a vaccinated dog. The anchor is reported to be doing well after reconstructive surgery on her lip.

According to the Colorado dog bite statute, someone who has been bitten by a dog is entitled to bring a civil lawsuit to recover economic damages only if they have suffered “serious bodily injury.” The Colorado statues define “serious bodily injury” as an injury that:

"…involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.”

“Bodily injury” means:

"…any physical injury that results in severe bruising, muscle tears, or skin lacerations requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery.”

The Denver anchor’s injuries most likely fit within the definition of “bodily injury,” but it is uncertain whether they fit into the Colorado statutes definition of “serious bodily injury,” the threshold requirement to bring a civil lawsuit in Colorado. It all hinges on whether her facial injuries will result in “serious permanent disfigurement.”

Oklahoma's dog bite statute is much less restrictive then Colorado’s. Just like Colorado’s law, the owner of the attacking dog is held strictly liable for the injuries, meaning that no form of negligence needs to be pleaded. But Oklahoma’s statute is more favorable to dog bite victims then Colorado’s because there is no restriction on how serious the injury needs to be. There are no restrictions like “serious bodily injury” found in the Oklahoma statute.

However, in both Colorado and Oklahoma, a dog bite victim is not allowed to recover damages if they have provoked the dog. Here, the TV Anchor was petting the dog and got close to its face. Certainly the dog was stressed after what it had been through he day earlier. If it is determined that the anchor provoked the dog, then any potential lawsuit will be barred.

Originally posted at InjuryBoard by Jeremy Thurman

Motorcycle Helmet Safety - Current Scientific Advances

Jeremy Thurman — Fri, 27 Jan 2012 11:59:00 GMT

The NFL has been in the news quite a bit recently over a number of lawsuits brought by retired players claiming the NFL didn’t do enough to protect them from head injuries while playing. Some of the cases even extend to the helmet manufacturers, with one of the issues being whether players were given the safest, most effective helmets available. Football helmets have definitely come a long way since the days of strapping on what today would be considered a flimsy leather or plastic cap.

And moving outside just the context of football, we see the same sort of advances in helmet design and effectiveness for other activities as well. Take motorcycling. It wasn’t all that long ago that motorcycle helmets were made of padded leather and weren’t actually all that effective at protecting bikers from serious head injury. Today’s motorcycle helmets, by comparison, are technologically impressive—an extremely effective. NHTSA has estimated that helmets are 37% effective in preventing fatal injuries to riders and 41% effective for passengers. In 2008 alone, helmet use saved the lives of 1,829 motorcyclists.

So what is it about motorcycle helmets that make them so effective? What sort of advances are we talking about?

First, according to the Snell Foundation, helmets work like a brake or a shock absorber. Brain injuries happen because in an accident the brain absorbs a large amount of energy. If the helmet can reduce that amount of energy, then a brain injury is less likely. There are two ways a helmet does this: (1) with a hard, outer shell that “disperses” the energy. In other words, it takes all the energy of the impact and spreads it over a larger surface area so your brain doesn’t have to absorb it all; and (2) with foam lining that will crush and break during a crash, absorbing energy so your brain doesn’t have to.

The big advances in helmet technology have meant that both of those parts—the hard lining and the foam inserts—are better at doing their jobs. Motorcycle helmets today aren’t leather or cheap plastic. They are made of complex materials like polycarbonate, a fiber-reinforced material that is stronger than steel by weight, Kevlar or fiberglass. Significant research and testing has gone into striking the right balance between the strength of this shell and its ability to compress when necessary.

Meanwhile, the inside impact-absorbing liner, is generally made of polystyrene or Styrofoam, effectively cushioning and absorbing shock during a crash. Here again, technology has been developed to provide just enough padding to help the head come to a smooth stop instead of suddenly being jolted against a hard surface. Now, aside from getting the padding “just right” there’s even a helmet out there now that claims to provide a sort of immediate medical attention—by using technology that kicks into cool the brain and prevent brain swelling in the seconds right after crash.

Other advances such as improved chin straps, more precise helmet sizing, and increased range of visibility also mean that today’s helmets are more effective—and constantly improving—for individual riders. And building comfortable helmets is not to be ignored. Providing appropriate ventilation, built-in communication devices, making them lightweight and padded on the inside all means that riders are more likely to put the helmet on in the first place. And that, after all, is the most important part: no matter how advanced a helmet is it doesn’t do much good if it’s sitting in the garage at home when a crash happens.

Regardless of whether you’re an occasional or avid motorcycle rider, make sure that you get a helmet that works for you and that you put it to use.

Originally posted at InjuryBoard by Jeremy Thurman

Crash Safety of Small Cars

Jeremy Thurman — Thu, 26 Jan 2012 11:58:59 GMT

On the market for a new car? Tempted to trade in for a smaller model to save on gas? In this time of high gas prices and lots of media attention on making the move towards environmentally-friendly cars, small cars can seem pretty attractive. Or maybe it’s a question of style—the look of a VW Bug or a Mini Cooper—appeals to you. Yet sometimes it seems that marketing focused on environmental concerns and lifestyle has overtaken a more central concern when purchasing a car: safety.

The fact is that smaller cars are generally less safe than larger cars. When you eliminate pickup trucks from the equation, data from the Insurance Institute for Highway Safety shows that overall, the fatality rate for small cars is the highest of any car class. There are a couple of explanations for this difference. First, is the obvious one: small cars are small. They weigh less than other cars on the road and there is less space to absorb an impact. This means that when a small car collides with a bigger, heavier object the small car isn’t going to fare as well. Until everyone on the road is driving Smart Cars, this safety limitation of small cars will continue to exist.

The other explanation is that small cars often don’t come equipped with the same safety features as larger cars. And here it is important to remember that not all small cars are created equally. And if you’re really set on having that fuel-efficient, compact vehicle, you need to do your homework to find out how safe that specific model is.

Both the National Highway Traffic Safety Administration and IIHS have brochures to help car buyers know what to look for and to understand safety ratings. One tip is to look further than just the star-rating. Comparing a 5-star small car to a 5-star sedan is like comparing apples to oranges—because when cars are tested, they are compared to other cars of the same size. So, what do you need to be looking for? The small car that has the most safety features—such as stability control and side-impact airbags.

Sometimes in the excitement of buying a car, it’s easy to get caught up in the aesthetic features or the fuel efficiency or the model’s long-term dependability or even just the purchase price itself. But while weighing all of these concerns, don’t lose sight of the fact that safety deserves to be a priority. None of those other considerations are going to matter when a collision happens.

Originally posted at InjuryBoard by Jeremy Thurman

SSRI Usage During Pregnancy Linked to Increase Risk for Neonatal Pulmonary Hypertension

Jeremy Thurman — Mon, 16 Jan 2012 10:34:43 GMT

WebMD just released a report stating

"Pregnant women who use certain popular antidepressants may have a twofold increased risk for delivering babies with a rare but serious lung disorder, a new study finds."

The release notes that researchers

"analyzed national registry data from 1.6 million births in five Nordic countries in an effort to determine if using selective serotonin reuptake inhibitor (SSRI) antidepressants during pregnancy raises the risk for neonatal pulmonary hypertension, a life-threatening condition in newborns that normally occurs in one to two births in 1,000."

The Mayo clinic notes that SSRIs (selective serotonin reuptake inhibitors) are commonly prescribed antidepressants for treatment of moderate to severe depression. SSRIs ease depression by affecting chemical messengers (neurotransmitters) used to communicate between brain cells. Popular SSRI medications include Paxil, Lexapro, Zoloft, Celexa and Prozac.

McIntyre Law has been a leader in SSRI birth defect litigation for many years. We will continue to investigate whether neonatal pulmonary hypertension has a casual relationship with SSRI use during pregnancy and if so, avail our current and future clients to their full rights under law.

Originally posted at InjuryBoard by Jeremy Thurman

Double Tractor-Trailer Accident Kills 1 on Interstate 35

Jeremy Thurman — Fri, 06 Jan 2012 16:55:27 GMT

According to NewsOk a tractor-trailer rig driver was killed this afternoon when he collided with another tractor-trailer on Interstate 35 at NE 122^nd Street in Oklahoma City. According to the Oklahoma Highway patrol, the driver died when a rig traveling southbound on I-35 lost control and crossed over the cable median, hitting his tractor which was traveling northbound. The driver who lost control has been transferred to a nearby hospital where he is reportedly in good condition.

Currently, the northbound lanes of Interstate 35 at NE 122^nd Street have been shut down as officers are investigating the accident. In the meantime, traffic is being diverted to Hefner Road.

In this case, it is unclear why the driver lost control of his rig. According to truck accident statistics compiled by McIntyre Law, 87.2% of trucking accidents involve driver error. This is a considerably high number compared to 10.1% attributed to vehicle malfunction and 2.3% attributed to environmental factors.

A prominent example of driver error in trucking accidents is driver fatigue. Drivers often report that falling asleep at the wheel was a critical reason why they were involved in a crash. Minor fatigue, inattention, or pressure from work are other reasons truckers have given for crashing.

We will follow this story to see if the investigating officers determine the cause of the crash. The experienced Oklahoma Truck Accident Attorneys at McIntyre Law have handled many cases involving trucking accidents where victims have been extremely hurt or killed. If you or a loved one has been involved in a trucking accident, please contact us to help you seek the compensation that you deserve.

Our thoughts and prayers go out to the family of the deceased.

Originally posted at InjuryBoard by Jeremy Thurman