Swimming Personal Injuries

Know Your Risk. Know Your Rights

Swimming is one of the primary ways to beat the summer heat. In fact, fly over the Phoenix metropolitan area and it seems every other house has its own private pool. It’s cool. It’s refreshing. It’s fun. And what better way is there to spend quality time with friends and family? On the flip side, listen to the nightly news during summer and they’ll tally the running total of drowning incidents. In 1980, the epidemic inspired Dave Munsey of Fox 10 News to start his water safety program “Watch Your Kids Around Water.” The sad reality is about ten people die from drowning every day, of these two are children aged 14 or younger. Additionally, more than 50% of nonfatal drowning victims require further care. Many suffer permanent brain damage and long-term disabilities. The costs of care for these individuals can easily reach into the hundreds of thousands. As humans, we don’t always like to dwell on the thought of tragedy. Yet, it does happen. Earlier this year, several Gilbert families’ lives changed in an instant. The tragic backyard pool accident led to the untimely death of a child, a severe injury for another, and emotional and financial turmoil for all involved.

When you go swimming, you should understand your risks.

Injuries and drowning can easily happen around a pool whether the cause is horsing around, running on a slippery surface, diving into shallow water, or swimming while intoxicated. Any time you’re choosing to participate in an activity, including swimming in your neighbor’s pool, you’re accepting the risks.

Then who is responsible for a swimming personal injury?

The fact is the owner of the swimming pool shoulders the largest responsibility for providing a safe environment for both those actively using the pool and for those who may be around it when it is not in use. The homeowner must be proactive in maximizing preventative measures.

What are methods of prevention?

Below are some basic actions a pool owner can take based on the Drowning Prevention Coalition of Arizona’s, “BLOCK, WATCH, And LEARN.”

Block

Most often, accidental drowning occurs when the pool is not actively being used. Make sure the swimming pool is secure when not in use. Check city fence requirements and choose to add additional safety features as necessary. Gates should be self-closing and latches should be higher than a child could reach.

• Pool alarms and nets are alternative forms of blocking.
• Make sure toys are cleared from the pool when not in use, so children are not tempted to reach after them.
• Never prop open gates or leave objects, such as chairs, nearby that a child could climb and reach the latch. Many children have drowned in pools that were fenced.

Watch

The key word in Munsey’s aforementioned slogan is “watch.” There is no better defense against drowning and injury than supervision. Supervision is non-negotiable when both children and adults are using the pool. Appoint a key person to oversee the pool and switch off duty regularly.

Learn

Enroll children in swim lessons early. Even infants can learn flotation techniques that could save their life. Have household members take a CPR class and understand how to use rescue equipment.

It’s important to protect your rights.

Even if a “Swim at Your Own Risk” sign is posted, if you’re injured in a pool accident you have rights. If you or your loved one suffers a pool-related accident, working with Silkman Law Firm Injury & Accident Lawyer can ensure their rights are protected and they receive the care and compensation they deserve. Retain the expertise of Silkman Law Firm Injury & Accident Lawyer. Contact or call at 602-535-5899 for a free case evaluation.

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Four Tips to Help Your Bus Accident Case

If you or a loved one has been involved in a city or school bus accident, seek legal counsel immediately. Bus accidents are complicated with insurance companies, bus companies, governmental agencies, and other drivers or pedestrians often involved. It’s important to understand your rights and have an experienced bus accident attorney represent you so that you get the compensation you deserve.

1. One Bus Accident, Many Causes. Immediately following a bus accident, it may seem a lot like a car accident with people exchanging information and calling insurance companies. While that is good to do, it’s important to understand this is bigger than a car accident. Often there are multiple causes, vehicles, pedestrians, or bus passengers all in the same accident. You have the right to compensation for injuries and damages whether you were a driver of a vehicle hit by a bus, a pedestrian, a bus rider, or the bus driver. It takes an experienced bus accident lawyer to sort through all of the witness accounts, police reports, and accident reports, to understand the complete picture of what happened.
2. Time is of the essence. School bus or city bus accidents are often managed by governmental agencies. When this is the case, you need to follow statutory rules when it comes to filing a claim. Most require notification of claim prior to filing while others have special paperwork and deadlines. Hiring Silkman Law Firm Injury & Accident Lawyer as your bus accident lawyer can be the difference between making a claim or losing out on compensation.
3. Responsible Party for Your Bus Accident – When you get in a city or school bus accident, the case is complex due to a complicated chain of responsibility. The bus operator (driver) needs to show they were acting responsibly and not drunk or on illegal drugs or on their phone at the time of the accident. The owner of the bus (company, school, or city) has a responsibility to keep the buses in good working order. Everyone involved in the accident is responsible for a portion of what happened. When you hire Silkman Law Firm Injury & Accident Lawyer, you know you’re hiring a team that can sort out the details of your bus accident and get you properly compensated.
4. Insurance – In addition to dealing with the owner of the bus, governmental agencies, other drivers, passengers, and pedestrians, there are insurance companies. Bus companies and governmental agencies have big insurance companies with adjustors swarming practically at the point of impact. They will want you to agree to a fast and low monetary settlement. Before you settle or sign waivers, contact us immediately!

If you’ve been involved in a bus accident, contact Silkman Law Firm Injury & Accident Lawyer or call 602-535-5899 for a free case evaluation.

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Did you know that Arizona is one of the top places for summer boating accidents? This is due in part to Arizona being among the top boat owning states per capita in the nation. Seems strange in the desert but it is true. Arizonans love heading out of the heat of the Phoenix area to relax at Lake Pleasant, Lake Havasu or Lake Powell. Before heading to the lakes for boating fun, consider these tips for preventing a summer boating accident. If you’re involved in a boating accident, call Silkman Law Firm Injury & Accident Lawyer to resolve your case.

Summer Boating Safety

The key to preventing a boating accident is to stay alert. Be aware of your passengers, other boaters, and weather conditions along with these to prevent an accident:

Avoid drinking alcohol while operating a boat.

Boating is often viewed as a way to relax after a long week. Along with that sometimes comes drinking a few (or more) alcoholic beverages. Arizona law is the same for drinking and driving a boat while under the influence as it is for driving a car — .08 blood alcohol level – and the penalties are the same. During March through September Arizona waterways are patrolled by the Arizona Game and Fish Department. You may see other agencies patrolling especially at the borders of California and Nevada. Summer boating may include being stopped at OUI checkpoints (Operating under the Influence). Similar to DUI checkpoints for cars, OUI checkpoints are designed to keep boaters safe.

Require everyone in the boat to wear a lifejacket.

All too often we hear someone lost their life in a summer boating accident due to drowning. This could have been prevented if all boaters wore lifejackets.

Register your Watercraft

Motorized boats are required to be registered before they can be legally launched in the water. If it’s your first registration for a boat in Arizona, you must have a certificate of number (ownership document), an AZ number, and a set of decals. Register your boat through the Arizona Game and Fish Department. Failing to do so could result in a fine.

What to do if you’re in a Summer Boating Accident

No matter how careful you are on your boat, there will inevitably be other boaters who are not as careful. You can do your best to prevent a summer boating accident but they happen. If you’re involved in an accident, treat it as you would a car accident:

• Take pictures at the scene of the accident.
• Call the police.
• Fill out police reports.
• Seek medical attention.
• Call a boating accident attorney.

It may seem like you’re not injured but over the course of the next few days, you may find that you are suffering injuries. That’s why it’s important to get check by a medical professional after the boating accident. You can never be too careful. A boating accident attorney can sort through the evidence, witness accounts, and police reports to determine you level of responsibility and compensation. Contact us or call Silkman Law Firm Injury & Accident Lawyer today at 602-535-5899 for a free case review of your boating accident.

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You’re grocery shopping and slip and fall in an area with a posted wet floor sign. You ask yourself, “Is my slip and fall a real case?” It might be even though you walked where there was a sign clearly posted and here’s why: In Arizona, we have what is known as comparative negligence. That means the law recognizes you and the property owner have the same responsibility for preventing an accident. You pay attention to where you’re walking and the owner is responsible for keeping the walkway clear. When someone slip and falls, it may initially look like an avoidable accident but that’s not always the case. Rather than guessing if you have a case, we recommend contacting with the Silkman Law Firm Injury & Accident Lawyer to evaluate all the facts and outline your options.

Sometimes your slip and fall case isn’t as clear cut as your fault or the property owner’s fault.

Take the example of an injury that occurs on a public pool slide. Your child runs up the ladder for the slide, slips, falls, and suffers injuries. It might look like he or she was injured because they were running and it was just an accident. When an experienced slip and fall attorney at Silkman Law Firm Injury & Accident Lawyer reviews the case, it is found that one of the ladder’s steps was loose. This kind of information helps us to prepare your case and make sure that all the facts are aligned in a way that focuses on the core merits of your claim.

Who is negligent in this case?

Just as with all slip and fall cases, it is the responsibility of the property owner to make sure their property is safe. It is also the responsibility of the person who fell to watch where they are walking and avoid a fall. A full case review would need to occur to determine the exact portion of negligence for the owner and the child who fell. The law doesn’t exist for property owners to be on high alert for any and all hazards on their property. The law exists to make sure property owners make reasonable repairs to hazards they know, or should know about. There’s a difference between a slip and fall on spilled water at a restaurant or tripping over tiles the owner has known were broken for a long period of time. If the owner of the pool slide knew the step was broken and didn’t repair it, they will likely be found more negligent than if they had inspected the slide recently and found it to be in good repair. The same holds true for the grocery store; if the wet floor sign wasn’t posted, the store would be found more negligent according to Arizona law. No matter how you slice it, determining whether you have a valid case isn’t something you should have to do alone. Let the experts at Silkman Law Firm Injury & Accident Lawyer review your situation with you. If you have a case, we’ll help you pursue it. If you’ve suffered injuries from a slip and fall and aren’t sure if you have a case, contact Silkman Law Firm Injury & Accident Lawyer or call 602-535-5899 for a free case evaluation.

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Have you recently been bitten by a dog or other pet? It is a stressful time filled with questions. Who is responsible, how you will pay your bills, and what are your legal options? Fortunately we have some important information to help you understand your dog bite case and steps you should take.

Compensation for Arizona dog bite cases can include:

• Medical expenses
• Pain and suffering
• Loss of wages from missing days of work
• Counseling, therapy, or surgery
• Other costs of care

Working with an experienced dog bite attorney should be easy and get you the compensation you deserve.

What are your rights when it comes to Arizona dog bite law?

While some states allow “one free bite,” Arizona dog bite law is a strict liability meaning you can file a lawsuit regardless of whether the dog has ever bitten anyone or acted like it would. As the victim of an animal bite, you do not need to prove the owner was negligent in restraining the dog or preventing the attack. If the animal was under the care of someone other than the owner, that caretaker can be held responsible. Under strict liability, there are few instances when an owner or caretaker could escape liability for an animal bite.

What to do after a Dog Bite

When you meet with the Silkman Law Firm Injury & Accident Lawyer, you will work with an experienced attorney (not a paralegal like at some law firms) who will ask you for information about the incident including medical attention you received, and will advise you on the best course of action. Immediately after the dog bite incident:

• Call the police.
• Obtain information about the dog and owner including home address, location of the attack if different than home address, and witness contact information.
• Seek medical attention immediately especially if it is unclear whether the dog has been vaccinated for rabies.
• Notify your insurance company.
• Take pictures of your injuries.
• Refrain from talking to anyone including the dog owner, owner’s insurance company and lawyer, before calling the Silkman Law Firm Injury & Accident Lawyer. Any contact could negative impact the outcome of your case.
• Once you’ve contacted the Silkman Law Firm Injury & Accident Lawyer, we’ll take the steps needed to investigate your claim and pull together evidence. It’s our job to protect your rights and make sure you get the result you deserve!

Commitment to Our Clients

Working with an experienced dog bite attorney means having peace of mind that you are being taken care by the best firm. At Silkman Law Firm Injury & Accident Lawyer we understand how to handle claims resulting from animal bites, Arizona dog bite law, and the importance of getting your case resolved. If you or someone you love has suffered a dog bite, contact the Silkman Law Firm Injury & Accident Lawyer or call us at 602-535-5899 for a FREE case review.

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Sometimes it can seem intimidating working with an attorney to handle your claim for your slip and fall case. It doesn’t have to be. We’ve prepared an outline of things you can expect when working with us. Our goal is to give you the information you need so that we can review your case quickly and deliver the best possible result. When you call us, you can rest assured that you’re calling an experienced team that will listen to your case and outline the best plan of attack for pursuing your claim.

1. Expectation Setting. The initial call or appointment is a free case review to gather information and establish if there is a case for your fall injury. You will talk to an experienced personal injury attorney, not a secretary or a paralegal, and we will spend time gathering the details of your case. After we review these details, we will let you know if you have a case and what the next steps are.

2. Understand fees and expenses. Every case is unique. When we work through your case, we will make sure you understand the potential costs that may be associated with pursuing your claim so that you can make an informed decision. Outside of attorneys’ fees, typical costs can include fees for obtaining medical records, police reports, court filing fees, and fees for expert opinions. These fees are rarely, if ever, out of pocket, but we will still make sure you understand them.

3. Details of the Incident. Location, date, and time of the incident as well as your account of what happened are crucial to understanding your case. We recommend writing your account shortly after the incident, or even taking photos or video if you are able. The longer you go without recording the incident, the fuzzier the events can get. We also work with witnesses to gain a clear understanding of the events.

4. Witness Contact Information. It is important to have witness contact information so we can get their account of the incident.

The sooner you call a personal injury lawyer regarding your slip & fall injury with information about the incident, the sooner we can help you get the outcome you deserve. If you or someone you know has experienced a slip and fall, contact Silkman Law Firm Injury & Accident Lawyer or call us at 602-535-5899 for a free case evaluation.

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“I’ve fallen and I can’t get up.” This early 1980’s catchphrase left many laughing at the poor lady lying on the floor. When you slip and fall, it is no laughing matter. Fall injuries hurt. Your body hurts. Your time is impaired. You incur financial losses due to medical bills and time off work. Slip and fall injury situations are typically far from being clear-cut. It’s especially hard if your injury happens at a public venue or at an event. Maybe you even think you’re partially to blame. There is nothing worse than being injured and feeling as if there’s nothing you can do. However, in many situations you do have recourse, especially if you are able to act quickly in preserving the evidence for your case. The question is “Who is responsible?” The answer may not always be simple. Arizona is a pure comparative negligence state. A pure comparative negligence system compensates an injury victim based on the level of fault determined for each party. Through this system, a victim may be able to recover damages even if they were partially to blame for the accident. In Arizona, if an injury case is taken to court, a judge or jury will assign a percentage of guilt to each involved party then award damages for the injured party based on their responsibility. Even if the case is settled outside of court, an insurance adjuster may reduce your compensation if you’re partly at fault. For example, your neighbor owns a house with a backyard pool. The pool has a slide and the neighbor invites your family over to swim. Both your child and the neighbor’s climb up the pool’s slide. Suddenly, the slide breaks underneath them and your child suffers severe injuries. You pursue compensation for your child’s medical bills, pain and suffering. Your neighbor pushes blame to the slide’s manufacturer, as the slide should not have broken. But the manufacturer points out that the slide includes a warning label that states a specific weight limit and for only one person to use the slide at a time. Eventually, your neighbor’s fault is calculated at 60%, the manufacturer’s fault is determined to be 20%, and your fault is set for the additional 20% due to being a willing participant at the home and not heeding the label warnings. If your total compensation for the accident was $25,000, by the pure comparative negligence rule you’d potentially have $20,000 in damages awarded to you, the total minus the $5,000 that represents your percentage of fault.

Any negligence claim looks at the actions of all involved parties.

Did the owner of the premises act reasonably? Did the owner or an employee know previously of the dangerous situation and do nothing about it? Should they have known about it? Did the claimant take reasonable effort to anticipate the danger? Were there any obvious warnings? Was the claimant distracted or acting in a careless manner that may have made the fall more likely? The factors of each situation can determine the outcome of an injury claim. If you’ve been injured, don’t try to determine fault yourself. You need to contact Silkman Law Firm Injury & Accident Lawyer or call at 602-535-5899 for a free case evaluation.

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You’re walking across the street and you’re hit by a car. It’s a terrible accident and it happens more than it should. It is estimated that more than 1,500 pedestrian accidents happen each year in Arizona resulting in 1,300 injuries and more than 100 fatalities. You have rights even if you were walking against the light. If you or a loved one have been involved in a pedestrian accident in Phoenix, the team at Silkman Law Firm Injury & Accident Lawyer can help.

Arizona Law Regarding Crosswalks

Your rights and subsequent compensation are dependent on who was at fault. While there may be clear fault, there are also cases where a percentage of fault is assessed to both the pedestrian and driver. More than 800 pedestrian accidents in Arizona occur when the pedestrian is crossing a road. When there is a crosswalk, the pedestrian is allowed to cross on the traffic signal. While they should still look for traffic, it is the pedestrian who has the right of way. When there is no traffic signal, pedestrians are expected to look for traffic and cross inside a crosswalk when it is clear. Often drivers claim they had the right of way but the reality is the pedestrian often does and the driver is just distracted. They didn’t see the person crossing the road or saw them when it was too late. In this type of case, it is negligence on the part of the driver and the pedestrian is often awarded full compensation.

What if negligence isn’t clear cut?

There are cases when a pedestrian has walked against the light. This doesn’t mean they don’t have rights. In Arizona, courts use comparative negligence to determine how much the pedestrian and driver were each at fault. A percentage of fault is assigned to each. If the driver is responsible for damages, the amount will be reduced by the amount the pedestrian was also negligent. This happens most often when a pedestrian darts into traffic and the driver has no safe way of stopping or changing course. Whether negligence is clear cut or not, a pedestrian accident lawyer can help you get the compensation you deserve including medical expenses and lost wages. If you or someone you know has been the victim of a pedestrian accident, contact Silkman Law Firm Injury & Accident Lawyer or call us at 602-535-5899 for a free case evalu

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Out of Philadelphia, PA a slip and fall case against a contractor responsible for doing work on the floors at the school where she worked.

On Aug. 9, 2012, Mangano was preparing for her students’ return from summer vacation when an employee of Wargo Floors asked her to unlock a classroom door so he could continue placing new flooring through the door’s threshold, according to a civil filing in Philadelphia’s Court of Common Pleas. Happy to help, Mangano left her office and walked down the hallway. The Wargo employee did not tell her about the transparent and slippery coating of adhesive that had been applied to the floor minutes before. Suddenly, her feet flew out from under her and she landed hard on her back.

Ms. Mangango suffered extensive injuries which persisted long after the accident, preventing her from returning to work and resulting in ongoing pain. A settlement like this addresses the fact that Ms. Mangango, who still had many years of work ahead of her, will not be unable to work for a living again. One of the reasons we pursue cases like this so vigorously is that the consequences of injuries like this may last a lifetime. In addition to diminishing her ability to work, she requires help caring for herself which means her husband has to do it or outside help must be provided. And there is the emotional distress that comes with this kind of injury – the sense of helplessness, angry, and frustration. Cases like this are exactly why Silkman Law Firm Injury & Accident Lawyer pursues slip and fall injuries vigorously. Because the long-term consequences can be devastating and we feel our clients deserve justice. Read the full article here.

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It’s always tragic when anyone is injured by a dog bite but something makes it seem worse when it’s a child. On February 17, 2015 two Glendale children were attacked by a neighbors pit bull that escaped the house and went after the kids. Thanks to a neighbor’s quick thinking, 911 was called and they were able to get immediate medical attention without any life threatening injuries. Some dogs demonstrate a pattern of unstable behavior and for others, it’s a devastating surprise when they attack. At Silkman Law Firm Injury & Accident Lawyer, we see countless cases like this one. That’s why we tell people it’s important to make sure your pets are secured to keep them and your neighbors safe. The last thing someone wants to do is deal with the consequences of letting someone else get hurt and the legal repercussions that can come with it.

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