Oklahoma City Personal Injury Lawyer - Miscellaneous

Infant Near Drowning - Remember Water Safety Does Not Stop With Summer

Jeremy Thurman — Wed, 18 Nov 2009 11:39:06 GMT

I recently came across an article regarding the near drowning death of a Nine-Month-Old Child in Tulsa Oklahoma.

Apparently a mother had a 19-month old showering with the 9-month old outside the tub. She was in another room doing chores when she went to check on the children. According to the article

When she went in to check on the children, the child taking the shower, that's when she found the nine month old infant outside of the tub in a puddle of water and it was lifeless and breathless at that point.

This story reiterates an important safety tips for parents of all children. One to two inches of water can be hazardous to a child. Just because summer ends and pools close doesn’t mean our children are safe for the seasons to come. The US Consumer Products Safety Commission reports that at least 459 children younger than 5 drowned at home from 1996 through 1999 and since 1984 over 275 children have drown in buckets. A child can drown as quick as it takes to answer a phone. Kids are curious around water and the splashing is inviting but can quickly become deadly. Children under the age of 1 most often drown in bathtubs, buckets, and toilets. Children aged 1 to 4 often drown in swimming pools, hot tubs, and spas. Children aged 5 to 14 most often drown in swimming pools, lakes, and rivers.

The American Academy of Pediatrics (AAP) and The Centers for Disease Control and Prevention (CDC) offer safety tips for protecting your children around water such as emptying buckets, pans, and bathtubs of water, keeping door closed to bathroom unless with child, locking toilets, and having safety knobs.

If you do find a child who is lifeless stay calm and remember your 123’s & ABC’s of CPR. Knowing and practicing CPR can change a deadly situation into a life saving one.

Originally posted at InjuryBoard by Jeremy Thurman

1 Year-Old Drowns in Neighbors Swimming Pool

Jeremy Thurman — Tue, 01 Sep 2009 16:02:37 GMT

Newsok.com is reporting that a 1 year-old Oklahoma City boy has drowned in a neighbor’s above ground pool. Our prayers are with the family during this awful time.

This should reinforce to all pool owners to make sure that your pool in inaccessible to kids.

Originally posted at InjuryBoard by Jeremy Thurman

Railroad Crossings - The Risks are High

Jeremy Thurman — Tue, 01 Sep 2009 15:59:49 GMT

It’s easy to miss train tracks. When you are driving, you have a thousand things to look at: your rearview mirrors, the car in your blind spot, the upcoming traffic light, and, admittedly, for most of us, the radio station. It’s understandable that, with your attention so divided, you might miss two thin strips of steel crossing the road.

Perhaps the danger of railroad tracks lies in their innocuousness. It is estimated that every 90 minutes a passenger vehicle collides with a train in the United States alone, and all too often newspapers feature stories about deceased drivers who either did not notice an oncoming train or thought they could beat it. Freight can travel up to 60 miles per hour. Here’s a good rule of thumb for railroad crossings: if you can see the train, then it is too late to cross. Period.

Often, though, the problem is not that a driver tries to race the train – it’s that he (or she) does not even realize it is approaching. To avoid this problem, the USA Federal Railroad Administration and highway authorities in each state mark crossing with a variety of warnings. The most frequently used crossings feature flashing lights, ringing bells, and gates. In most instances, train conductors must sound their horn as they approach; these crossings, as most of us have learned while driving home from work, are difficult to miss. Less heavily used crossings have only the flashings lights. For the least-traveled crossings, the only warning is a white sign in the shape of an ‘x’ with the words ‘railroad crossing’ written on it. Especially on dark, empty highways, these signals are easy to overlook. Check out this site for examples of these signs.

Train crashes are almost always deadly, but they are easy to avoid. First, listen for the bells and horns that signify an oncoming train. Second, do not try and race a train across the railroad tracks; no matter how long the train may be, the saved time doesn’t justify the risk. Third, and most importantly, be attentive. Keep an eye out for train tracks, and you should be fine.

Originally posted at InjuryBoard by Jeremy Thurman

Vicious Dog Attack Injures Noble Child

Jeremy Thurman — Fri, 21 Aug 2009 15:14:14 GMT

According to newsok.com a 12 year-old boy was attacked Thursday evening by 5 dogs. The article states that

Ronnie Kessler had 20 to 30 lacerations from the attack, including a deeper forearm wound that required four staples…

-and-

The boy was riding his bike close to home near 156th Avenue and Post Oak Road when five dogs chased him and pulled him to the ground. A neighbor saw the incident and fired a bb gun toward the dogs to scare them away. Officials state that the dogs belonged to one person.

As I’ve blogged before, Oklahoma dog bite law provides strict liability in dog bite incidents. There is no excuse for dog owner to let 5 dogs run wild who in turn harm a child. I’m grateful the young boy is safe and back home recovering.

Originally posted at InjuryBoard by Jeremy Thurman

Oklahoma -Three Die in I-35 Single Car Accident

Jeremy Thurman — Sat, 15 Aug 2009 22:44:58 GMT

Newsok.com is reporting that three Iowa citizens are dead and four other people were taken to area hospitals as a result of a roll over crash on I-35 in Noble County. The story reports that

Five of the seven people in the SUV, including the driver's two sons, were thrown from the vehicle.

While our prayers are with the families of those in this accident, this accident illustrates the fact that seatbelts can save lives. I’m still astonished that people fail to wear seatbelts. As an Oklahoma personal injury lawyer I see far too many accidents like this where people are thrown from a vehicle because they weren’t wearing a seatbelt. Currently, our laws do not allow seat belt usage to be presented to the jury but that is about to change November 1, 2009.

Nonetheless, it’s a hard lesson to learn the importance of seatbelt usage via someone’s death. So buckle up Oklahoma.

Originally posted at InjuryBoard by Jeremy Thurman

Woman Mauled by Hunting Dogs - Suffers Nearly Fatal Injuries

Jeremy Thurman — Tue, 04 Aug 2009 07:50:00 GMT

I’m originally from Southeast Oklahoma where deer hunting is a way of life. Although not legal in Oklahoma, I recall often hearing people “running dogs” during deer season. “Running dogs” is essentially where you use dogs trained to scent deer and use them to drive deer out of wooded areas. Dogs can also be used in various areas to hunt pigs, raccoons, ducks among other animals. They are also used to retrieve and find wounded animals.

I’ve represented Oklahoma dog bite clients for years. I’ve seen severe scarring to the face and body. I’ve seen the elderly as well as children bit. I’ve seen people’s faces scarred forever. Dog proponents, many times justifiable so, point to poor environmental factors as the cause of these bites. I frankly can’t speak to environmental factors but I can speak to the horrific injuries that can be caused by dogs.

You may be wondering what in the world does my hunting colloquy has to do with Oklahoma dog bite cases. Technically nothing as I know of no example of Oklahoma dogs used for hunting mauling a human. Nonetheless, a story out of New Zealand shows that there is such a danger. According to Yahoo.com a New Zealand jogger suffered serious injuries from multiple dog bite wounds. Apparently eight dogs used for hunting pigs attacked her as she jogged. According to Yahoo.com

The woman suffered scores of bites to her scalp, arms and legs before the dogs ran off. Rescue services flew the woman to Waikato Hospital by helicopter where she had nine hours of surgery overnight Monday, emergency specialist Dr. John Bonning said. "She was the most seriously injured person that been injured by dog bites I have ever seen. She had injuries all over her body — to her arms, her neck, her back, her legs and it sounds like an absolutely horrific attack," he said.

While this is a sad and tragic and we wish a speedy recovery for Ms. Christensen, her ordeal can be a teaching lesson. According to the article

The woman, Margit Christensen, 36, told him she curled into fetal position to protect herself during the 15-minute attack — a move that saved her life, he told National Radio.

One of the techniques you should use if attacked by a dog is to get in the fetal position. While your in the fetal position stay still and protect your face, chest, and throat, I will post more in the near future on how to survive a dog attack.

Originally posted at InjuryBoard by Jeremy Thurman

The Duty of a Father

Noble McIntyre — Mon, 27 Jul 2009 12:00:08 GMT

I just finished reading the graphic and horrifying story of the young eight year old Phoenix girl lured to a small shed by four boys aged 14, 13, 10 and 9 and then brutally raped by all four who took turns holding her down. It is difficult to describe the roller coaster of emotions I experienced while reading the story. I am the father of three beautiful young daughters that are more important to me then my own life. Were a similar event to happen to one of my girls, there is no limit to what I would desire to do exact justice. Go watch the movie Taken and you will get some drift of what my mental state would be. Vigilante justice may be condemned by the law, but despite the fact that I am a lawyer, it would not be the laws of man that would stay my hand. It is only because I ultimately answer to God that I would “try” to stand by as the legal system ran its course. However, even with that limitation, I am simply unable to make any promises. The truth is I would probably just obtain my revenge and seek forgiveness later.

Why would a law abiding Christian trial lawyer speak of retribution through violence you ask? I’ll tell you why. Daddies defend their daughters – at all costs - it’s just the way it is supposed to be. In fact I once asked my oldest daughter if she knew what my job was. She responded “Daddy, you are a lawyer”. I told her being a lawyer was my profession but not my job, that my real job was to protect her and her sisters, even at the risk of my own safety. I gave her a very visual example so that she would understand the depths of my duty to her and her sisters. I asked her to picture a big, mean, snarling, vicious dog coming toward her with fangs bared intent on biting and attacking her. I asked her if that would scare her and of course she responded that she would be very afraid. I let her know that I would be terrified too, but that even though my instinct would be to run away from the dog, if that vicious dog, filled with brutality and strength, was headed toward her, I would instead run at the dog and would position myself between her and the dog so that she could escape to safety. That is what Daddies do. Even at the risk of great personal danger, a father has the duty to defend his children. There is no risk to great and no excuses that allow for any other course of action. A father should never fail to protect his children – never. There are no allowances and no circumstances that permit such a failure.

Unfortunately the father of this poor little Phoenix girl has not assumed his mantle of responsibility. Instead, he has chosen to abandon his child. He is a failure of the highest magnitude. That evil exists and that little girls are preyed upon – even by other children – does not surprise me. But that a father, at the most vulnerable and terrifying moment of his young daughter’s life, will abandoned her instead of taking her in his arms and wiping away her tears with reassurance of his love, well that shocks me. That this father, if that is what he can be called, has turned his poor little baby over to the state telling a case worker “take her… I don’t want her” and then blaming her for being raped and for bringing shame to the family, that shocks me.

His young daughter physically and brutally raped by 4 predators last week and instead of wrapping arms of comfort around her and assuring her that it would be all right, he chose instead to mentally rape her. He stole from her trust, comfort, love and security. He should have stood as her protector but was unwilling or unable because he is a worthless and poor excuse of a man, without honor and lacking any redeeming qualities. I do not care that he is Liberian and do not care that his culture permits the brutalization of the weak and defenseless so long as they are female. A coward is a coward by any name in any region.

It would seem the four young predators chose their victim well. She was too young to fight back and had a coward for a father. I am saddened for this little girl. I am hopeful she recovers and am even more hopeful that someday she meets a real man with true honor and that he will protect her where others have failed.

Originally posted at InjuryBoard by Noble McIntyre

Pit Bull Attack Harms Two Oklahoma Men

Jeremy Thurman — Sun, 26 Jul 2009 23:56:01 GMT

I’ve blogged extensively over the last month regarding dog bite incidents, Oklahoma law regarding dog bites and discussed the dangers of more aggressive breeds as well as the correlation that environmental factors may play into a dog’s propensity to attack a person. I’ve further been repeatedly attacked by “pit bull” owners who seemingly disregard the dangers of these dogs. Whether environmental, genetic and/or both, a sad incident in Midwest City Oklahoma occurred today where a 52 year-old handicapped man was severely mauled by two pit bulls while another man suffered injuries at the hands of these dogs.

According to the News Channel 4 out of Oklahoma City

a 52-year-old man with a pre-existing physical disability that limited his mobility was taken to Midwest Regional Medical Center with "severe leg injuries." A 27-year-old man was treated at the scene for bites on his legs

The article goes on to say that one dog was killed by a shotgun blast from a police officer while the other fled into a house through a dog door.

A Midwest City police spokesman stated that

We will be seizing the dog that's alive and citing the owners for harboring a vicious animal and allowing the animals to run at large

Whether you believe in “dangerous propensity” or believe solely in environmental factors of aggressive behavior, this is a sad situation and those harboring these animals must be brought to justice. Can you imagine the medical bills this 52 year-old man is incurring as a result of this incident? There is no excuse and the law of Oklahoma requires that the owners of these dangerous animals that were allowed to “run at large” pay both the medical bills and pain and suffering of these men.

Originally posted at InjuryBoard by Jeremy Thurman

Cell Phones - Making Our Roads More Dangerous

Jeremy Thurman — Wed, 22 Jul 2009 11:16:00 GMT

An article on the website of Boston.com has a sad but educational lesson regarding the risks of cell phone use while behind the wheel. I posted a blog yesterday entitled “Distracted Driving - Alarming Statistics On Cellphone Use While Driving” The blog discussed newly released information about the inherent risk of driving while talking on a cell phone. In a continued discussion, the Boston.com article mentioned above has a telling story about a 16 year-old Oklahoma boy whose mistake of driving while talking cost a woman her life.

According to the story, 16 year-old Christopher Hill was so engrossed in a phone call that he ran a red light at 45 miles an hour. This distraction and subsequent running of a red light caused him to crash into Linda Doyle’s sport utility vehicle. Sadly this single moment of distraction cost this lady her life.

The story also references a 2003 Harvard University study that estimated cell phone distractions caused 2,600 traffic deaths every year and 330,000 accidents that result in moderate or severe injuries.

Oklahoma is a traffic corridor. Two of the major interstates for that allow automobiles and trucks alike to travel from coast to coast criss-cross Oklahoma. Yet Oklahomans have largely ignored study after study linking the hazards of cellphone use while driving. Instead, we increasingly are using our phones and other electronics to make sure we don’t miss a beat in this technological age. Simply, this propensity is making Oklahoma roads more dangerous.

We actively handle several car wreck cases a year. Some are very serious and have resulted in the death of a loved one. Others are not as serious but are still very painful. Are communications with our spouse, our friend or anyone so urgent that we cannot take the time to put the cell phone down? Or better yet, if it is urgent is it very hard to pull off the road and take the call there? Think about the effects your discussion on probably nothing serious might have on an innocent family navigating our roadways. Do you want to kill a family?

Originally posted at InjuryBoard by Jeremy Thurman

Dog Drags Newborn from Family Home

Jeremy Thurman — Tue, 21 Jul 2009 13:50:55 GMT

MSN is reporting that a newborn has been hospitalized in critical condition after being attacked by his family’s dog. The articles states that an infant had been placed in his crib for a nap. A little later his parents looked outside and saw a mixed breed Native American Indian dog holding the baby in his mouth. According to the article

The baby's father, rushed outside and chased the dog into a wooded area behind the home near Nicholasville, just south of Lexington. It took the father about 10 minutes to recover his son about 200 yards behind the home.

Our prayers go out to this infant and his family. This story should serve as a grim remainder to prepare your family pet for the arrival of a newborn. The website Childbirth Solutions, Inc. has a good discussion on how you can prepare your family pet for the arrival of a newborn.

Originally posted at InjuryBoard by Jeremy Thurman