Assault and battery are frequently grouped together, but they are a combination of two different crimes. Assault involves the threat of physical violence; battery involves an actual act of violence.

Assault

The charge of assault refers to an attempt to commit physical violence against another person. In most cases, assault is treated as a misdemeanor instead of a felony, unless the incident involves a law enforcement officer or a deadly weapon. It is considered a “aggravated assault” if a deadly weapon is involved. Aggravated assault is a felony.

For most states in the U.S., assault is defined as:

• An attempt to cause or purposely, knowingly, or recklessly cause bodily injury to another; or,
• Negligently causing bodily injury to another with a deadly weapon.

Battery

Battery defines an injury or other physical contact with a person that could cause bodily harm. Like assault, battery is most often considered to be a misdemeanor. However, there is a charge of “aggravated battery” that relates to incidents of battery in which the victim is left with permanent disfigurement or disability.

In order to prove battery, the following elements must be proven. There must be:

• An unlawful application of force to the person of another;
• Resulting in either bodily injury or an offensive touching.

Contact a Minnesota Assault and Battery Attorney

If you or someone you know has been the victim of assault and / or battery, contact the Minnesota assault and battery attorneys of TSR Injury Law today to secure the representation you need and deserve.

Mercury Poisoning

In today’s world full of chemicals, toxicity, and pollution, people face a whole host of hazards. The air they breathe, the water they drink, and the food they eat all may be contaminated with dangerous materials. Moreover, the products they use, like computer and light bulbs, are made with products and from chemicals that can be harmful to people’s health.

One such chemical is mercury. People can come into contact with mercury through a number of channels. One such channel is the consumption of salmon. There have been a number of cases where people who have eaten salmon have ingested mercury as well. Another source of mercury is the production of things like coal, gold, and cement. Also, things like batteries and light bulbs contain mercury.

The effects of coming into contact with mercury can be very serious. Milder symptoms include burning, itching, or pain sensations. Skin discoloration and swelling occur, as do peeling of nails and skin. More severe symptoms include excessive sweating, high blood pressure, and loss of hair. Among the worst symptoms are kidney malfunction, insomnia, and loss of memory. When severe enough, mercury poisoning can also lead to death.

People who get poisoning with mercury need to be treated immediately. As with all medical problems, the longer people wait to address them the worse they will get. Moreover, mercury poisoning can lead to severe financial and emotional stress.

Speak with a Minnesota Mercury Poisoning Attorney

If you have been poisoned by mercury, contact a Minnesota mercury poisoning lawyer of TSR Injury Law by calling 612-362-0000 or submit our consultation form.

Boating Accidents

Boating is one of the most popular recreational activities in the United States, but it can also be one of the most dangerous. Boating accidents can be particularly problematic due to the distance from help, since most boating accidents occur out in the open water away from the shore.

710 boating fatalities were reported in 2006, 697 were reported in 2005 and 676 were reported in 2004. Of the 710 deaths in 2006, 584 of these were not wearing personal flotation devices.

Of these boating fatalities, drowning is the main cause of death. Other causes of death include:

• Trauma
• Cardiac arrest
• Hypothermia
• Carbon monoxide poisoning

Boating accidents typically occur in open motorboats, but may also occur in personal watercrafts, cabin motorboats, canoes, kayaks, and pontoon boats. The most common types of accidents are:

• Collision with a vessel
• Collision with a fixed object
• Water skiing accident
• Falling overboard
• Capsizing

There can be many different causes of boating accidents, but the most common factors that lead to boating accidents are:

• Operator inattention
• Careless/reckless operation
• Excessive speed
• Passenger/skier behavior
• No proper lookout
• Operator inexperience
• Alcohol use
• Hazardous waters
• Machinery system failure
• Equipment system failure

If you have been injured in a boating accident, contact the Minnesota boat accident attorneys of TSR Injury Law by calling them at 612-362-0000 or submit our contact form.

Carbon Monoxide Poisoning

Carbon monoxide is a toxic, colorless, tasteless, odorless gas that is difficult to detect and is produced when a carbon-based fuel burns. Such fuels include propane, charcoal, and gasoline. Carbon monoxide is frequently produced by engines, generators, cooking ranges, water heaters, and other devices that burn carbon-based fuels.

Symptoms and Sources of Carbon Monoxide Poisoning

Carbon monoxide poisoning occurs once the gas has been inhaled. Through inhalation, carbon monoxide enters the bloodstream and blocks oxygen from the body. Mild poisoning can produce flu-like symptoms such as headaches, fever, and dizziness. Longer exposure can cause substantial toxicity to the heart and central nervous system, and may even cause death.

Furnaces, vehicle exhaust, and heaters are the most commonly recognized sources of carbon monoxide, but there are several other inconspicuous sources of carbon monoxide:

• Generators and propulsion engines on boats
• Portable camping stoves
• Concrete cutting saws
• Trowels
• Faulty scuba equipment
• Pressure washers and other gasoline-powered tools
• Forklifts and other propane-fueled equipment

Property Owner Responsibility

If a building is not properly ventilated, or if the production of carbon monoxide is not properly regulated, you could be inadvertently exposed to carbon monoxide poisoning. Since carbon monoxide is so difficult to detect, property owners must take proper measures to ensure protection against carbon monoxide poisoning.

Contact Us

If you or a family member have experienced carbon monoxide poisoning, contact the Minnesota premises liability lawyers of TSR Injury Law today by calling 612-362-0000 to schedule a consultation or submit our contact form.

Camping Safety Tips

Camping can be a fun and adventurous recreational activity if one prepares for the dangers and obstacles that the great outdoors may present. According to a National Park Service ranger, the number one cause of injury and death in the wilderness is unpreparedness. By bringing along the proper safety equipment and by being prepared to fight the elements, camping can be an enjoyable experience for everyone involved.

Don’t forget the:

• Sunscreen
• Compass
• First aid kit
• Insect repellent
• Burn ointment
• Calamine lotion
• Antihistamines
• Inclement weather

Be sure to check the almanac or the weather forecast before planning a camping trip. Getting stuck in a severe storm can be very dangerous. Even if you do plan ahead, storms may hit at any time. If you are caught in a thunderstorm or other serious storm, try to find your way back to your vehicle or find an open clearing away from trees.

Animal confrontation

Always be on the lookout for wild animals in their natural habitat, including bears, elk, moose, deer and snakes. Do not, under any circumstances, approach or try to feed a wild animal. Keep all of your food properly stored away at your campsite so as to not attract animals. If you do come across a wild animal, stay calm and slowly move away from it.

Campfire safety

Be sure to clear the area of all debris and avoid building fires in areas with overhanging branches or near tents and other flammable items. Be sure to have a bucket of water, shovel and a fire extinguisher nearby and in case you need to put out the fire. Never leave the fire unattended and never use flammable fluids to start a fire. When you are done, be sure to completely extinguish the fire.

Contact Us

If you or a loved one has been injured by another party’s negligence while on a camping trip, it is important to know what your legal options are. To speak with an experienced Minnesota personal injury attorney, contact the offices of TSR Injury Law at 612-362-0000 or submit our contact form.

As the average life span continues to increase, more and more adults are met with the challenge of caring for elderly parents. Many people simply do not have the time or resources to provide the constant care and supervision that some elders require. Nursing homes should provide a safe and effective solution to this problem.

Unfortunately, the trust that residents and their families have placed in nursing homes is all too often betrayed. If you have an elderly relative living in a care facility, keep your eyes open for the possible warning signs of neglect or abuse.

Signs of Physical Abuse or Neglect

• Unexplained bruises, marks, or injuries
• Unnecessary physical restraint
• Signs of being overly medicated
• Rapid weight loss
• Unsanitary living conditions

Signs of Verbal or Emotional Abuse

• Fear of the nursing home staff
• Emotional withdrawal
• Refusal to see visitors
• Traumatized behavior, such as rocking, sucking on fingers, or biting
• Agitated or angry behavior

What to Do if You Suspect Abuse

If you have any reason to think that a loved one is being abused by his or her caretakers, you need to contact the authorities right away. You may want to try local police or the National Center on Elder Abuse. A Minnesota elder abuse lawyer can explain other options that are open to you depending on the circumstances of your case.

Filing a personal injury suit against your loved one’s abusers can also help you gain compensation for medical expenses as well as your loved one’s pain and suffering.

A Minnesota Nursing Home Abuse Attorney Can Help

To speak with an experienced Minnesota nursing home abuse attorney, contact TSR Injury Law at 612-362-0000 or submit our contact form.

Spinal cord damage can be the result of a medical condition such as spina bifida or Friedrich’s Ataxia, but it is often the result of a serious injury. The most common causes of spinal damage include:

• Traffic accidents
• Diving accidents
• Gunshot wounds
• Assault

All too often people suffer painful and life-changing injuries through no fault of their own. A person who suffers a spinal cord injury may be facing years of physical challenges, medical bills, and emotional stress.

Consequences of Spinal Cord Damage

The spinal cord is a thick bundle of nerves that runs from the base of the brain to just below the waist. It acts as the center of communication for the nervous system, carrying information between the brain and the rest of the body. Because of the important role it plays, damage to the spinal cord is a very serious medical issue.

The long-term medical consequences depend partly on the severity of the injury. An injury can be complete, meaning a complete loss of sensation or function, or it can be incomplete, meaning a partial loss of sensation, function, or both.

The location of the injury also has an effect on the long-term consequences for the patient. Areas of the body below the injury are the ones that will be affected. For example, a severe injury at the top of the neck can result in quadriplegia, or loss of the use of all four limbs. Injuries located closer to the ribcage can damage functioning in the hands and arms, while injuries closer to the waist affect leg functioning.

Seeking Justice

It is not fair for a person injured by someone else’s negligence to suffer the physical, financial, and emotional losses associated with spinal cord injury. Filing a suit against the responsible party is one way for victims to gain compensation for medical expenses and lost wages. It is also a way to see justice done against the parties who hurt them.

Contact a Minnesota Spinal Injury Lawyer

To speak with an experienced Minnesota spinal injury lawyer, contact TSR Injury Law at 612-362-0000 or submit our free consultation form.

Dog bites are the most common form of animal attacks in the U.S., and therefore receive the most attention from the media and health professionals. This does not make attacks from other kinds of animals any less serious, however. In fact, cat bites or scratches can be far more dangerous than many people realize.

Cat Bites and Infection

Unlike dog bites, which can create immediately obvious injuries such as severe lacerations, cat bites are usually small and may not even bleed. They do carry the risk factor of infection.

It is the design of cats’ teeth that makes the risk of infection so high. They are thin and sharp, so cat bites often create puncture wounds. This allows the bacteria in a cat’s mouth to be pushed deeply into the skin, sometimes through several layers of tissue. The very small punctures created by these wounds also make them more difficult to clean thoroughly.

Cats are most likely to bite people’s hands than other parts of the body, which also contributes to the risk of medical complications. Hands have many tendons, veins, and joints that are close to the skin, making them vulnerable to injury. A cat bite that is located near a joint is at an especially high risk for inflammation or bone infection.

What to Do After a Cat Attack

While cat scratches can become infected, they are far less likely to do so than bites. For a minor scratch, cleaning and bandaging the bite will probably be enough. In contrast to this, around 80% of cat bites become infected. If you have been bitten by a cat, it is important to seek medical attention right away.

Speak with a Minnesota Personal Injury Lawyer

If you or a loved one has been attacked by a cat that was not properly trained or supervised by its owner, you may have grounds for a personal injury suit. To speak with a Minnesota personal injury lawyer, contact TSR Injury Law at 612-362-0000 or submit our contact form.

Pharmaceutical Errors

Millions of Americans rely on correctly prescribed medications every day to treat both temporary and long-term medical conditions. In most cases, people unwittingly consume the medication they have been given by pharmacists, and experience no adverse reactions.

However, millions of people every year suffer injuries and reactions to improper medication and pharmaceutical errors. Studies have shown that in the United States, 1.3 million people suffer from injuries caused by pharmaceutical errors. Additionally, pharmaceutical errors result in 100,000 deaths every year, and 3% of all hospital admissions.

The Dangers of Pharmaceutical Errors

When a patient is given the incorrect medication or the correct medication but in an incorrect dosage, there are a number of very serious and dangerous complications that can arise.

Most importantly, a person who is given the incorrect medication / dosage fails to receive treatment as intended by his or her doctor for their underlying medical condition. In cases where an individual is suffering from a time-sensitive illness that needs specific and direct treatment, there is a good chance that the individual will get progressively worse as they continue to take the wrong medication / dosage.

Additionally, any time a person takes medication that was not prescribed by his or her doctor, there is a good chance that he or she will suffer from unintended side effects or allergic reactions. In cases like this, an existing medical condition may get even worse with the addition of unintended medication.

Contact a Minnesota Pharmaceutical Error Attorney

If you or someone you know has been the victim of a pharmaceutical error, contact the Minnesota pharmaceutical error attorneys of TSR Injury Law today at 612-362-0000 to discuss your legal rights and options or submit our contact form.

Surgical Malpractice

Surgeons have to go through years of medical school and specialized training to ensure that they have the requisite skills to perform their work safely and effectively. When performing surgery, it is critical that surgeons devote their full attention and care to the task at hand, as there are numerous accidents that can occur with a lack of concentration.

While many surgeons consistently devote themselves fully to their task, there are shocking numbers of surgical malpractice lawsuits that arise every year in the United States when surgeons fail to do the jobs they have been entrusted with. In fact, studies have found that there are approximately 225,000 deaths every year in the United States due to negligence by medical professionals, and a high percentage of these deaths are the result of surgical errors and negligence.

Types of Surgical Errors

With the wide variety of surgical procedures performed on a daily basis, there are a number of different errors and accidents that can occur during the surgical process, leading to serious injury, disability, and even death.

Some of the most common surgical errors include:

• Wrong site surgery
• Incorrect procedures
• Mishandling of surgical instruments
• Foreign objects left inside a body cavity
• Surgery on the wrong individual
• Improper suturing
• Post-surgical errors / complications

The only way surgeons can avoid these types of errors is to devote themselves 100% to their work and focus completely and intently on each and every patient they work with.

Contact a Minnesota Medical Malpractice Attorney

If you are one of the thousands of Americans who has been the victim of surgical malpractice, contact the Minnesota surgical malpractice attorneys of TSR Injury Law today at 612-362-0000 to discuss your situation with an experienced and qualified legal professional. If you prefer, you may submit our free consultation form.

Safety Systems in Elevators

Hollywood has a tendency to highly inflate the dangers of elevators, where cables seem to snap on a daily basis and the only salvation for poor elevator passengers is someone with superhuman strength and reflexes.

In reality, however, elevator accidents are certainly a rarity, although they do happen. Studies show that each year approximately 30 people are killed in elevator and escalator accidents and 17,000 people report injuries. Luckily, there are a number of reliable and effective safety features that help prevent accidents and injuries in the event of an elevator malfunction.

The first safety measure employed in elevators is the elevator cable itself. The cable in elevators is made of several lengths of steel tightly wound around one another. Just one cable is strong enough to support the weight of the entire elevator, but in the event that something should happen to one of them, there are an additional four to eight cables ready to carry the elevator car’s weight.

In the event of a terrible event that takes out all of an elevator’s cables, a catastrophic accident is still not likely to occur, as most elevators have an automatic braking system installed. As such, should all of an elevator’s cables snap, an automatic braking system will grab the rail and bring the elevator to a halt once the elevator car starts moving too quickly.

While elevator accidents are rare, they do occur, and it is important that the victims of elevator accidents get the compensation they deserve for their injuries.

Speak with a Minnesota Elevator Accident Attorney

If you have been the victim of an elevator accident, contact the Minnesota Premises Liability Attorneys of TSR Injury Law today at 612-362-0000 to get the representation you need and deserve. If you prefer, you may submit our contact form.

Medical Malpractice: Failure to Diagnose

When a person comes down with an illness or other medical condition that he or she does cannot explain, the individual usually relies on a doctor or other medical professional to examine or diagnose the problem. In many cases, a doctor will be able to either accurately evaluate the condition, or will refer the patient to another medical professional / specialist who can successfully diagnose the problem.

Unfortunately, there are numerous incidents every year where a medical professional fails to diagnose a patient, but also fails to refer the patient to another medical professional / specialist who could diagnose the problem. In cases like this, the patient is left to suffer the effects of their medical condition due to the doctor’s failure to diagnose the problem.

The Dangers of Failure to Diagnose

A doctor who has failed to diagnose a patient could be found guilty of “failure to diagnose”, a common charge in medical malpractice lawsuits. In fact, approximately 40% of all medical malpractice cases are “failure to diagnose” lawsuits.

This type of medical malpractice is extremely dangerous and damaging to the patient because it forces a person suffering from a medical condition to continually worsen without treatment.

This is especially serious for individuals suffering form a condition that is time sensitive in nature. A person suffering from a time-sensitive illness will continue to deteriorate as they go undiagnosed, and there is a considerable risk that by the time the condition is finally diagnosed it may have progressed to the point that it is no longer treatable.

Contact a Minnesota Medical Malpractice Attorney

If you or someone you know has suffered from a doctor’s failure to diagnose a medical condition, contact the Minnesota medical malpractice lawyer of TSR Injury Law today at 612-362-0000 to secure the legal representation that you deserve or submit our contact form.

What is Dram Shop Liability?

It is a well known fact that an intoxicated person who causes harm to another individual can be sued and held responsible for that individual’s injuries. However, many states in the U.S. also have “dram shop liability” laws that hold bars, restaurants, etc. legally responsible for providing alcohol to either a minor or a visibly intoxicated person if this person then brings harm to someone else or to him / herself.

Dram Shop for Minors

All 50 states in the U.S. currently have laws that state that it is illegal for any establishment to sell alcohol to a minor. However, a number of states also have dram shop liability laws that state that any establishment that provides alcohol to a minor is not only legally responsible for that act in itself, but can also be held responsible if the minor injures him / herself or someone else.

So, if any 18 year old living in one of these states was provided with alcohol from a bar and subsequently crashed their car on the drive home, they could sue the bar that provided the alcohol and claim damages for the accident.

Dram Shop for Adults

Not only do dram shop liability laws apply to the underage, but many states have laws that govern the distribution of alcohol to the “habitually drunk” or the “visibly drunk”. Under these laws, if a bar provides additional alcohol to someone who is either habitually drunk or very clearly drunk to any reasonable person, the bar can be held legally responsible for any accidents caused by these individuals when they leave the bar.

Contact a Minnesota Personal Injury Lawyer

If you or someone you know has been involved in an alcohol-related accident, contact the Minnesota Drunk Driving Lawyers of TSR Injury Law today at 612-362-0000 to discuss your specific situation with a legal professional or submit our contact form.

Highway Driving Safety Tips

With the number of automobiles on America’s highways every day and the speed at which these vehicles are traveling, it is no surprise that serious and damaging accidents occur on a daily basis. Many drivers unfortunately fail to look out for some common highway dangers and in doing so, put themselves and the people around them in danger.

By familiarizing yourself with some of the most common causes of highways accidents, you can hopefully train yourself to drive in a defensive manner and avoid serious highway accidents.

Safety Tips

If you are driving in the far right lane, you will need to be especially defensive in your driving and know that cars are likely to be cutting in front of you and behind you often in order to either exit or enter the freeway. If this is likely to make you nervous, it may be a smart decision to move to another lane.

Be a courteous driver. If someone needs to change lanes, don’t speed up and make them stay where they are, as this is likely to result in road rage and erratic driving. Let people change lanes when then need to, and make sure to leave enough room in front of you and behind you for people to change lanes safely.

Be aware of larger and smaller vehicles. If you are driving in a small vehicle, you will want to be especially defensive around cars and trucks that are larger than you, as your vehicle is likely to be lost in their blind spots. If your vehicle is larger than most, be extra cautious before changing lanes, as a smaller vehicle may have become lost in your blind spots.

Obey all posted speed limits and traffic signs. Posted material is provided for the benefit of everyone on the road, and you are far less likely to be in an accident if you follow all signs and speed limits.

Contact a Minnesota Automobile Accident Attorney

If you or someone you know has been involved in a highway accident, contact the Minnesota automobile accident attorneys of TSR Injury Law today at 612-362-0000 to schedule a consultation or submit our contact form.

Burn Injury Prevention

Thousands of people every year in the United States are treated for serious and potentially life-threatening burn injuries. In fact, burn injuries are one of the leading causes of preventable death in the United States.

However, there are a number of easy safety tips that individuals and families can employ to remain burn free.

Kitchen Safety

Any and all hot items, including food, baking equipment, or kitchen appliances, should be kept as far back on the counter as possible. This way, they are less likely to fall off the edge of the counter and spill. When hot items are left near the edge of the counter, it is also easier for a person to accidentally bump into them or touch them in some manner, resulting in a burn.

If you are carrying a hot object in the kitchen, like a pan or a pot, try to carry it over a counter top as much as possible. This way, should the contents spill out or if the hot pan itself falls, it will land on a counter top and not on you or someone else nearby.

Bathroom Safety

Make sure that any and all electrical appliances (hair dryers, curling irons, straightening irons) are not only turned off when you leave the room, but unplugged as well. By unplugging an item, you can be 100% sure that the item is off and will cool down.

Additionally, when filling up a bathtub or taking a shower, begin by running the cold water and gradually adding hot water bit by bit until the water has reached the temperature you desire. This will help you prevent burns that result from testing water that is too hot.

Contact a Minnesota Burn Injury Attorney

If you or someone you know has suffered from a burn injury, contact the Minnesota burn injury lawyers of TSR Injury Law today at 612-362-0000 to discuss your situation with a legal professional or submit our contact form.

Understanding Jaywalking

Nearly all individuals have found themselves in a hurry to get somewhere on foot and have run across a street in a location that was not specifically designated for pedestrian crossing. While in many cases this act brings no risks or dangers with it, especially if the street is free from vehicles or other pedestrians, this act, known as “jaywalking”, can be a punishable offense and can often result in serious accidents and injuries due to a pedestrian-automobile collision.

In the United States, jaywalking is described as any incident where a pedestrian crosses a road outside of areas that are specifically designated for pedestrian crossing.

The Law

It is important to note that not every erratic street crossing can be considered jaywalking. Jaywalking is a term only applied to situations where an individual crosses a street outside of a legally designated area. While most cities have specific places where pedestrians are expected to cross the street, some cities do not have a specified area. In these cases, a person is free to cross a street wherever they want and the act is not considered jaywalking.

For individuals who do commit jaywalking, punishments can vary. A person can walk away with nothing more than a verbal warning or they could face a fine up to $750.

Dangers of Jaywalking

When people cross the street in unexpected locations, they put themselves at serious risk for injury. Cars and other vehicles are used to checking the road for pedestrians in designated areas, such as crosswalks, but may not be aware of their presence in other locations, and as such, may not react in time to avoid hitting them.

Contact a Minnesota Automobile Accident Attorney

If you or someone you know has been involved in an automobile-pedestrian accident, contact the Minnesota automobile accident attorneys of TSR Injury Law today at 612-362-0000 to schedule a consultation or submit our contact form.

Pool Area Safety

Having a swimming pool in your backyard can provide a great place to relax, entertain guests, and get a great workout. Entertaining friends and relatives during the hot summer months can be especially enjoyable. However, there are a number of dangers associated with pools and pool areas that you need to be familiar with, whether or not you own a pool.

If you are a pool owner, you need to understand that you are responsible for the safety of everyone on your property, and dangers in the pool area could result in injuries that you are liable for. By familiarizing yourself with some of the most common pool and pool area dangers, you can hopefully keep yourself, your family, and your guests safe from pool-related injuries.

Slips and Falls

The most common accidents around pools are slip and fall accidents. As people splash and play in a pool, the ground around the pool naturally becomes wet. If this water is left unattended, a person walking or running by could slip and fall in the pooling water, especially if the material surrounding the pool is slick.

To prevent slips and falls, make sure you have some towels or a mop near the pool area at all times so that pooling water can be quickly absorbed.

Unsafe Behavior

Unsafe and reckless behavior in and around pools also contributes to many pool-related injuries every year. It is critical that when children are playing in or near a pool there is an adult present to monitor their behavior and activities. When children begin getting too wild or reckless, they are likely to have accidents that could result in dangerous slips and / or falls or even drowning.

By having an adult present at all times, the likelihood of a dangerous accident occurring is dramatically reduced.

Contact a Minnesota Premises Liability Attorney

If you or someone you know has been injured in a pool-related accident, contact the Minnesota premises liability attorneys of TSR Injury Law today at 612-362-0000 to discuss your situation with a legal professional or submit our contact form.

Preventing Winter Slip and Fall Accidents

Winter is a beautiful and exciting time of year for individuals living in colder climates. People have the chance to go sledding, ice skating, make snowmen, and engage in a number of other winter activities that can take place only at this time of year.

Unfortunately, there are also a number of accidents and injuries that are specific to this time of year, especially for individuals who are unfamiliar with, or unaccustomed to, winter climates. The most common types of accidents that occur at this time of year are slips or falls on wet, slippery ice and snow.

Fortunately, there are a number of easy safety tips that you can familiarize yourself with to substantially reduce your chances of being injured in a winter slip and fall accident.

Safety Tips

• When walking on ice or snow, never carry anything in your hands. Also, keep your hands by your side and out of your pockets at all times. This will enable you to brace yourself with your hands if you do happen to fall, and reduce the likelihood of injuring your face or head.
• Wear appropriate shoes. For walking on snow and ice, you will want to wear shoes that have good traction on the bottom to grip the ice or snow, and good ankle support to prevent sprains if you should slip.
• Walk slowly and carefully. The faster you walk on slippery ground, the more likely it is that you will fall.
• Test areas in front of you before walking on them. If you are unsure if the area ahead of you is slippery or not, extend one foot in front of you and test the surface before placing your full weight on it. This will significantly reduce your chances of slipping and falling.

Contact a Minnesota Premises Liability Attorney

If you or someone you know has been injured by slipping and falling on someone else’s property, contact the Minnesota premises liability lawyer of TSR Injury Law today by calling 612-362-0000 to speak with a legal professional or submit our contact form.

Medical Malpractice: Failure to Diagnose

When people come down with an illness or other medical condition that they cannot explain, they usually rely on a doctor or other medical professional to examine or diagnose the problem. In many cases, a doctor will be able to evaluate the cause of the condition, or will refer the patient to another medical professional or specialist who can successfully diagnose the problem.

Unfortunately, there are numerous incidents every year where a medical professional fails to diagnose a patient, but also fails to refer the patient to another medical professional or specialist who could diagnose the problem. In cases like this, the patient is left to suffer the effects of their medical condition due to the doctor’s failure to diagnose his or her problem.

The Dangers of Failure to Diagnose

A doctor who has failed to diagnose a patient could be found guilty of “failure to diagnose”, a common charge in medical malpractice lawsuits. In fact, approximately 40% of all medical malpractice cases are “failure to diagnose” lawsuits.

This particular example of medical malpractice is extremely dangerous and damaging to the patient because it forces a person suffering from a medical condition to continue to deteriorate without treatment.

This is especially serious for individuals suffering form a condition that is time sensitive in nature. A person suffering from a time-sensitive illness will continue to worsen as they go undiagnosed, and there is a considerable risk that by the time the condition is finally diagnosed it may have progressed to the point that it is no longer treatable.

Contact a Minnesota Medical Malpractice Attorney

If you or someone you know has suffered from a doctor’s failure to diagnose a medical condition, contact the Minnesota medical malpractice lawyer of TSR Injury Law today at 612-362-0000 to secure the legal representation that you deserve or submit our contact form.

Airbag Safety Tips

Airbags are important safety features in any motor vehicle, and are responsible for preventing countless injuries and saving thousands of lives every year in automobile accidents. However, they are extremely powerful devices that are capable of inflicting injuries of their own if automobile drivers and passengers are unfamiliar with their power and workings.

Airbags deploy at incredible speeds with terrific force. Individuals who are positioned too close to the airbag when it deploys can be suffer injuries such as:

• Burns
• Breaking of the nose, fingers, hands, or arms
• Hearing loss
• Head / brain injuries
• Skin abrasions

Additionally, there are a few cases each year of airbag fatalities—the highest occurring in 1997 with 53 reported deaths. However, injuries and fatalities can be prevented with a few simple steps on the part of an automobile passenger/driver.

Safety Tips

An easy trick for people to remember is the “25 Rule.” Drivers are encouraged to position themselves approximately 25 inches away from the center of the steering wheel to prevent injury if the airbag contained in the steering column should deploy. Similarly, passengers should sit at least 25 inches away from the airbag panel on a car’s dashboard.

In cars that have side airbags, passengers should not lean against the panel containing the airbag, and should keep their hand and arms on their laps. Finally, children under the age of 13 should never sit in the front of a car, but should be seated in the backseat of the car where they will avoid airbag injuries.

Contact a Minnesota Product Liability Attorney

If you or someone you know has been injured by a faulty or malfunctioning airbag, contact the Minnesota car accident attorneys of TSR Injury Law today at 612-362-0000 or submit our free consultation form.

Accidents Involving Under/Uninsured Motorists

Imagine that you have been in a serious car accident that has resulted in extensive damage to your automobile and serious personal injuries. The cause of the accident was the fault of the other driver. When you talk to the driver to exchange insurance information in order to receive compensation for the accident, the other driver tells you they do not have insurance, or has insufficient insurance to cover the costs of this accident.

In a situation like this, many individuals’ first response would be to panic and assume that they will have to cover the total cost of the accident themselves. However, in many cases this is a faulty assumption. Many drivers may have an “uninsured/underinsured motorist clause” included in their personal automobile insurance policy that can help them pay for their damages.

Uninsured/Underinsured Motorist Coverage

To receive uninsured/underinsured motorist coverage, an individual will pay a certain monthly fee as part of their regular insurance premium. In some states, this coverage is required by all policy holders. By paying for this coverage, an individual will be compensated for an accident with an uninsured/underinsured motorist by their own insurance company up to a certain dollar amount pre-determined by the insurance policy.

For a person to receive compensation from his or her own insurance company, the affected individual will usually need to take the driver responsible for the action to court. Once a court determines that this person was at fault for the accident, the court will determine exactly how much the guilty driver is able to pay. Whatever the difference is between total accident damages and the amount that the guilty driver can cover will be the amount provided by a person’s own insurance company.

Accidents involving uninsured or underinsured drivers can be extremely complicated, and so it is important to contact a legal professional immediately if you have been in one of these accidents.

A Minnesota Uninsured Motorist Lawyer Can Help

Contact the Minnesota uninsured motorist lawyers of TSR Injury Law today at 612-362-0000 to schedule an appointment with an experienced, qualified legal professional. If you prefer, you may submit our free consultation form.

The Facts about Drunk Driving

Legislation punishing intoxicated drivers was first passed in the 1980s, and since that time, the number of alcohol-related accidents and alcohol-related fatalities has steadily fallen. Unfortunately, although the rates are much lower than they once were, individuals continue to get behind the wheel of automobiles every day after consuming impairing-levels of alcohol, resulting in serious accidents and injuries.

Drunk Driving Statistics

In 2006 alone, there were 13,470 automobile accident fatalities that involved an alcohol-impaired driver, which can be defined as a driver with a Blood Alcohol Content (BAC) of 0.08 or higher. These fatalities accounted for 32% of the total traffic fatalities that year.

Additionally, of the 13,470 alcohol-related fatalities in 2006, 306 of these fatalities were children 14-years-old or younger. These staggering statistics average out to one alcohol-related driving fatality every 39 minutes in the United States.

Drunk Driving Legislation

In order to reduce the number of alcohol-related accidents and fatalities, a number of different pieces of legislation have been passed in order to hopefully discourage drunk driving, and punish those individuals who recklessly endanger their own lives and the lives of others.

The most well known laws regarding drunk driving are DWI (driving while intoxicated / impaired), DUI (driving under the influence), or OWI (operating while intoxicated / impaired). Officers assign these charges based on the behavior and impressions of a driver, resulting from:

• Erratic or reckless driving
• Slurred speech
• Incoherency
• Inability to pass a roadside sobriety test

In more recent years, however, newer pieces of legislation have been passed, resulting in stricter laws regarding drunk driving. Most notably, the legal BAC limit was lowered in all 50 states from 0.10 to 0.08.

A Minnesota Drunk Driving Accident Attorney Can Help

If you or someone you know has been injured by a drunk driver, contact the Minnesota drunk driving accident attorneys of TSR Injury Law today at 612-362-0000 or submit our contact form.

Common Causes of Pedestrian/Automobile Accidents

Especially in large, congested cities, automobiles and pedestrians are expected to share the road. There are, unfortunately, few cases where this is carried out without accident or injury. Accidents between automobiles and pedestrians are relatively common, and the injuries that result from these accidents are almost always serious.

However, by familiarizing yourself with some of the common causes of pedestrian/automobile accidents, you will hopefully be able to avoid being a part of one of these serious accidents, as either an automobile driver or as a pedestrian.

Driver-Caused Accidents

Listed below are some of the most frequent causes of automobile – pedestrian accidents where the driver is at fault.

• Failure to observe posted signs. When a driver is in a hurry, or is simply not paying attention, they may fail to notice posted safety signs that could prevent accidents with pedestrians, such as signs instructing drivers to yield to pedestrians in the crosswalk.
• Running a red light. Many drivers will speed through an intersection in an attempt to beat a red light, but end up driving through the red light at dangerous speeds. In these situations, if pedestrians have already begun to legally cross the road, serious accidents are likely to occur.
• Failure to check a blind spot. Especially in larger automobiles, pedestrians can become lost in a driver’s blind spot. Drivers should always be careful to look for pedestrians before parking or turning.

Pedestrian-Caused Accidents

Here are some of the most frequent causes of accidents when pedestrians are at fault.

• Children darting into the road. Many times, accidents occur when children chase after an animal or a toy into the middle of a street. In these cases, it is not only the child who can be injured, but any adult who chases after them, as well.
• Jaywalking. When pedestrians cross the road at improper times or in improper places, drivers may not always be prepared for their presence and as such, may not have time to stop before an accident ensues.

Speak with a Minnesota Car Accident Attorney

If you or someone you know has been injured in an automobile/pedestrian accident, contact the Minnesota car accident attorneys of TSR Injury Law today at 612-362-0000 to discuss your legal rights and options or submit our contact form.

What is BWI?

Most individuals are familiar with the laws regulating alcohol consumption and the operation of cars and other automobiles. However, few people are aware that similar laws exist governing alcohol consumption and boat operation.

Many individuals associate alcohol consumption and boating as a natural part of a fun weekend out on a lake. However, drinking and operating a boat is an extremely dangerous combination and can result in serious punishments.

Dangers of BWI

BWI, or boating while intoxicated (also known as BUI-boating under the influence), greatly increases the likelihood of being in a serious and potentially deadly accident. A 2002 study revealed that 39% of all boating fatalities were alcohol-related, and that this statistic has been rising over the years.

Additionally, a person who is operating a boat while under the influence of alcohol is 10 times more likely to be killed in a boating accident than if he or she were operating the boat sober.

In order to maintain safety for themselves and for everyone else on the water, individuals should never consume alcohol while operating a boat.

Penalties for BWI

Not only is boating while intoxicated extremely dangerous, but it is also a punishable offense. Individuals found guilty of boating while intoxicated can be sentenced with a number of penalties including:

• A felony conviction
• Serious fines
• Jail time
• Revocation of an automobile driver’s license

Exact penalties differ based on jurisdiction and the specifics of the situation. However, no matter what the situation is, boating while intoxicated carries with it stiff penalties.

Contact a Minnesota Boating Accident Attorney

If you or someone you know has been injured in an alcohol-related boating accident, contact the Minnesota boating accident attorneys of TSR Injury Law today by calling 612-362-0000 to schedule a consultation or submit our contact form.

Medical negligence occurs when a medical service provider fails to adequately provide the service that she or he is supposed to provide. For example, when a knee surgeon operates on the wrong knee, she has committed medical negligence. When any type of surgeon forgets to remove a surgery tool from within a patient’s body, he has committed medical negligence.

Medical negligence is a serious problem in the United States. For example, a Harvard University study found that in a certain year medical negligence resulted in 80,000 deaths and 234,000 injuries. A recent Institute of Medicine study found that on average 44,000 to 98,000 patients die in hospitals every year due to medical negligence. Moreover, medical negligence claims have remained relatively stable with slight decreases from 90,000 to around 85,000 every year from 1995 to 2000.

Such high numbers should not be very surprising considering the stressful hours that doctors work. Some work through the night, while others work 24-48 hours straight. Moreover, residents are made to work even more than regular doctors. Add the fact that some doctors may be working on multiple patients at once in a hectic environment, and the chances of medical negligence skyrocket.

But doctors are paid high fees to ensure that they perform their work correctly the first time because, as the numbers indicate, their actions make the difference between life and death.

Call a Minnesota Personal Injury Lawyer

If you feel that you have suffered due to medical negligence, contact the Minnesota personal injury lawyers of TSR Injury Law by calling 612-362-0000 or submit our free consultation form.

Hit and run accidents are serious crimes. A hit and run accident is when a driver of an automobile hits a pedestrian, bicyclist, or another car, among other things, and does not stop to help or take responsibility. All states have hit and run laws that protect people or people’s property hit by drivers.

Drivers may hit and run for a number of reasons.

• They may not know that they hit someone or something.
• They may panic and flee.
• They may just not care.
• They do not have auto insurance.
• They do not have a drivers license.

Hit and run accidents are so prevalent that a website called Deadly Roads estimates that in the year of 2008 through the middle of October, almost 1,200 people were killed in hit and run accidents. More statistics on hit and run accidents reveal that, nationally, 10% of all accidents are hit and run accidents.

Catching the driver in a hit and run accident is often difficult. A witness needs to be able to identify the driver. Obtaining the license place of the vehicle is not enough. Unless the driver can be found the victim in a hit and run accident will have to pay all of the medical expenses.

A Minnesota Personal Injury Lawyer Can Help

If you have been injured in a hit and run accident, contact the Minnesota personal injury and hit and run lawyers of TSR Injury Law by calling 612-362-0000 or submit our free consultation form.

Motorcycles are a great way to feel connected to the act of driving and to the surrounding landscape. While motorcycles are a great source of fun and a convenient mode of transportation, there are a number of dangers associated with motorcycle riding that can result in serious traffic accidents and injuries.

As such, it is important for both motorcycle riders and the drivers of other vehicles on the road to be aware of some of the dangers associated with motorcycles to prevent accidents from occurring.

Motorcyclists should invest in quality materials to keep themselves safe. Primarily, this means a sturdy and well-fitting helmet, as well as a thick leather jacket. This jacket will not only look good, but will keep the rider’s arms and torso safe in the event of an accident.

Both motorcyclists and other drivers alike should drive in a courteous manner and be willing to share the road. When drivers get aggressive on the road, accidents are more likely to occur. All drivers should be willing to let other drivers pass them and change lanes when necessary, regardless of the vehicle they are driving.

Motorcyclists should wear bright clothing to increase visibility. Sometimes, the size of motorcycles makes it difficult for motorcyclists to be seen by drivers of larger automobiles. Bright colors will help increase visibility on the road.

Dangerous driving practices like tailgating and weaving should be avoided at all times.

A Minnesota Motorcycle Accident Lawyer Can Help

Injuries resulting from motorcycle accidents can be severe, and it is important to get legal representation to ensure adequate compensation. If you have been involved in a motorcycle accident, contact the Minnesota motorcycle accident lawyers of TSR Injury Law today at 612-362-0000 or submit our free consultation form.

Our Minnesota Motorcycle Accident Injury Attorneys represent victims of personal injury and motorcycle accidents throughout the state of Minnesota, including: Afton, Anoka, Apple Valley, Arden Hills, Blaine, Bloomington, Brooklyn Center, Brooklyn Park, Burnsville, Cambridge, Champlin, Cokato, Columbia Heights, Coon Rapids, Cottage Grove, Crystal, Delano, Eagan, Eden Prairie, Edina, Falcon Heights, Forest Lake, Fridley, Golden Valley, Hopkins, Hugo, Inver Grove Heights, Isanti, Lake Elmo, Lakeville, Lindstrom, Lino Lakes, Little Canada, Maple Grove, Mahtomedi, Maplewood, Mendota Heights, Minneapolis, Minnetonka, Mounds View, New Brighton, New Hope, North St. Paul, Oakdale, Plymouth, Princeton, Richfield, Robbinsdale, Roseville, St. Anthony, St. Louis Park, St. Paul, Savage, Shakopee, Shoreview, South St. Paul, Spring Lake Park, Vadnais Heights, West St. Paul, White Bear Lake, Woodbury, Zimmerman

Product liability is an area of U.S. law under which manufacturers, distributors, suppliers, and retailers can be held responsible and financially accountable for any faulty or defective products they release to the public. This area of the law covers individuals who may be injured by these defective products so that they will not have to pay for their injuries out of their own pockets.

Claims Associated with Product Liability

There are a number of different claims associated with product liability. The most well known are claims of negligence and strict liability.

Each of these claims has different requirements that must be met in order to prove guilt on the part of the manufacturer, seller, distributor, or retailer. Usually, a products liability claim is based on one of the following:

• A design defect
• A manufacturing defect
• A failure to warn consumers (of some danger)

Interestingly, claims (especially based on a failure to warn) can succeed even if the consumer uses the product incorrectly as long as the incorrect usage could have been foreseen by the manufacturer or other party.

Product Liability: Strict Liability vs. Negligence

Most product liability cases are not based on issues of negligence, but rather, on something known as strict liability. To understand the difference between these two, let’s first examine the qualities of negligence.

In order to prove negligence, one must show that:

• There was some duty owed by the manufacturer (or other party)
• There was a breach of this duty
• An injury occurred
• The injury was directly caused by the breach mentioned above

Thus, a manufacturer or other party who failed to perform their job appropriately will be held responsible for any defective products that resulted from the oversight.

However, as mentioned above, most product liability claims are not based on negligence but on strict liability. What this means is that the manufacturer (or other party) is held responsible for defective or faulty products even if they did not act in a negligent manner. This way, a consumer can recover damages for an injury even if unable to prove that there was a preventable error in the manufacturing process.

Contact a Minnesota Product Liability Lawyer

If you have been injured by a defective or faulty product, contact the Minnesota product liability lawyers of TSR Injury Law today at 612-362-0000 to discuss your legal rights and options or submit our contact form.

Playgrounds are fun and exciting areas for children to play, interact with other kids, and exercise their imaginations. However, unsafe playground equipment or facilities can turn a fun afternoon at the park into a dangerous injury very quickly.

As such, it is critical that you carefully examine your neighborhood playground to make sure that it is a safe place for your children and their friends. There are a number of elements you will want to consider when determining the safety of a local playground.

What material serves as the “floor” of the playground?

• Children should never play on a playground that is paved with cement, as this increases the likelihood of broken bones and head injuries should a fall occur. You will want to make sure that there is some sort of “cushioning” material provided, like shredded rubber or sand, that will give your child a safe landing place should they happen to fall from the playground structures.

How far apart are the various playground elements?

• You will not want to let your children play on a playground where the various pieces of equipment are located too closely to one another. The reasoning for this is that if a child should happen to fall or be thrown from one of the pieces of equipment, they will not injure or endanger any other children accidentally if they are located a safe distance away from the other kids.

Are there any dangers present on the structures themselves?

• To help prevent cuts, you will want to carefully monitor and inspect the playground equipment for any unsafe elements, such as:
  • exposed nails / screws
  • sharp edges
  • splinters

Contact a Minnesota Child Injury Lawyer

If your child has been injured because of unsafe or poorly maintained playground equipment, contact the Minnesota child injuries lawyers of TSR Injury Law today by calling 612-362-0000 or submit our free consultation form.

Even for individuals who pride themselves on being good drivers, highway driving can be dangerous. A number of different factors contribute to this, including:

• High traffic volume on most roadways
• The speed of highway traffic
• Frequent construction along major highways
• The size disparity between vehicles traveling on highways

With all of these dangers present, it is important that all individuals make themselves aware of the different dangers facing them when driving on highways and do what they can to keep accidents from occurring.

Accidents frequently occur between large commercial vehicles and smaller automobiles, simply due to the fact that these large trucks have extensive blind spots, or “no-zones”, where smaller vehicles disappear from the driver’s visibility.

No-Zone Locations
To prevent accidents with large trucks, drivers of smaller cars should familiarize themselves with the no-zone areas of these trucks and understand how to safely share the roadways with these larger vehicles.

• Front No-Zone—since most large commercial trucks have elevated cabs, there is a no-zone area located at the front of the truck. Smaller cars and vehicles can disappear from the truck driver’s line of sight if they are driving too close to the front of the truck. To ensure safety, drivers should make sure that they always remain far enough in front of a large truck to be seen by the truck driver.
• Side No-Zones—side no-zones are the most insidious of a truck’s blind spots. The sides of trucks are so long that there is no way for a truck driver to see the entire side of the truck, even with the aid of side mirrors. A good rule of thumb to ensure safety is “if you cannot see the face of the truck driver in his or her side mirror, the driver cannot see you”.
• Rear No-Zone—since most large trucks do not have rear-view mirrors, it is difficult for truck drivers to notice vehicles driving immediately behind them. As such, it is important for other drivers to remain far enough behind trucks that the truck driver can see the other car in their side mirror.

Contact a Minnesota Personal Injury Lawyer

If you or someone you know has been involved in a no-zone truck accident, contact the Minnesota no-zone accident lawyers of TSR Injury Law today at 612-362-0000 to discuss your legal rights and options or submit our contact form.

Nothing is more important to a parent than the safety of their child. When deciding to enroll your child in a daycare facility, you will want to ensure that the facility itself is clean, safe, and kid-friendly, and that the facility also boasts a friendly, helpful, and well-qualified staff.

When looking for a daycare facility for your child, there are a number of factors you will want to keep in mind to ensure that your child is being left in safe and competent hands:

• Visit every facility you are considering in person. It is not enough to take someone’s recommendation on a daycare facility. While recommendations can give you a great place to start looking, you will want to visit each facility yourself for inspection.
• Notice the facility itself—does it appear clean? Is the area sufficiently child-proofed (eg. covers on electrical outlets)? Is the play area cluttered with toys, or does it look like the staff has kept the area sufficiently clean?
• Check outside—if there is an outdoor play area, you will also want to inspect this part of the facility for cleanliness and safety.
• Talk to the staff members and try to find out a little bit about them. Are they full time or part time staff? Do they have any formal child-care training? How long have they been working on the job / how much child-care experience do they have? Are they satisfied with the facility and with their work?
• Discuss what health qualifications the facility requires from its clientele. Are medical / immunization records required for all children?
• Contact other parents who use that daycare facility. Discuss with them the strengths and weaknesses of that facility and if they would recommend it or not.

Contact a Minnesota Child Injury Lawyer

If your child has been injured because of an unsafe or poorly supervised daycare facility, contact the Minnesota child injury lawyers of TSR Injury Law today at 612-362-0000 to get the compensation you deserve. If you prefer, you may submit our contact form.

TBI stands for traumatic brain injury, and is one of the leading causes of death and disability worldwide, especially for individuals under the age of 45. As its name suggests, a traumatic brain injury is a type of injury that results from an accident that directly affects an individual’s head and brain function.

The severity of a traumatic brain injury can differ based on the severity of the accident or “head snap” that caused it. Some individuals will experience TBI symptoms for less than a day before they return to perfect health. However, TBI can be fatal for many other individuals.

Causes of Traumatic Brain Injury

There are many different types of accidents that can cause traumatic brain injuries. Some of the most common causes include:

• Slips and falls
• Traffic accidents
• Blunt force trauma
• Physical assault
• Motor vehicle accident

Additionally, traumatic brain injury is the leading cause of death in war zones, as blasts from explosions frequently result in TBIs.

Studies also show that approximately one half of all accidents resulting in traumatic brain injuries are alcohol-related. As such, individuals should be wary of their actions when consuming alcohol in order to prevent a potentially serious and debilitating accident.

Recognizing TBI

There are a number of signs and symptoms associated with traumatic brain injury. Some of the most common include:

• Anisocoria (one pupil larger than the other)
• Seizures
• Slurred speech
• A persistent or worsening headache
• Numbness in extremities
• Poor coordination or loss of coordination

If you or someone you know has suffered from a traumatic brain injury, it is important to contact a legal professional as soon as possible to ensure that your rights are upheld.

Contact a Minnesota Traumatic Brain Injury Lawyer

Contact the Minnesota head injury lawyers of Terry, Slane & Ruohonen, P.L.L.C. today at 612-362-0000 to learn more about your legal rights. If you prefer you may submit our contact form.

Proving Negligence

Negligence refers to an area of law that accounts for the conduct of an individual and allows for others to receive compensation if the aforementioned individual’s conduct resulted in an injury.

Specifically, the conduct in question refers the failure of an individual to do or carry out what a “reasonable person” would do in a similar situation to prevent harm or injury to another individual, with respects to a product of service offered.

For example, if a product manufacturer fails to inspect the items being produced for possible safety concerns, they could be guilty of negligence if a consumer were injured with one of these products.

Elements of Negligence

In order to prove negligence in a case, all of the following elements must be proven:

• Duty of Care
• Breach of Duty
• Factual Causation

Duty of Care

Duty of care refers to the responsibility that the defendant had to know about any potential hazards or dangers associated with their product or service.

Breach of Duty

Breach of duty refers to the failure of the defendant to repair any potential hazard or danger (mentioned above), the failure to appropriately warn consumers about any possible dangers, or failure to refrain from dangerous actions that could create hazards with the defendant’s product or service.

Proximate Cause

Proximate cause is the proof that the defendant’s actions, or failure to act, directly led to and was the proximate cause of injuries suffered by the plaintiff.

Negligence is a very confusing area of U.S. law, and can be difficult to prove in many cases. It is important to have an experienced legal professional help you get the compensation you deserve if you have been a victim of the negligent action of another individual.

Turn to a Minnesota Personal Injury Lawyer

Contact the Minnesota personal injury lawyers of TSR Injury Law today at 612-362-0000 to schedule a consultation or submit our contact form.

Lead poisoning occurs when there are increased levels of lead in the blood. Lead poisoning is not a very common occurrence, but when you are infected, it can cause irreversible brain damage and can even be deadly. There is no known threshold for lead levels in the blood, so it is important to be aware of your surroundings and know what has the ability to harm you.

Am I at risk?

Lead poisoning can be contracted in many different ways. It is most common in children, but can also be contracted by adults. The most frequent instances of lead poisoning are in lead mine workers, as they are exposed to inhalation of high levels of lead. Ingestion of chips or dust from the deterioration of lead-based paints is very common in older homes.

Lead can also be found in the water you drink. Any plumbing fixtures or pipes that contain lead can contaminate the water that passes through them. There have also been a number of cases involving lead poisoning caused from faulty water fountains. Lead can also be found in foreign-made toys, cosmetics, and dishes.

Signs and symptoms

The most severe levels of lead poisoning can cause neurological damage, including seizures and reduced cognitive abilities. Additional symptoms:

• Nausea
• headaches
• diarrhea
• abdominal pain
• a metal taste in the mouth
• kidney problems
• anemia
• reproductive problems

Speak with a Minnesota Lead Poisoning Attorney

If you or a loved one has suffered lead poisoning, contact a Minnesota lead poisoning lawyer of TSR Injury Law by calling 612-362-0000 or submit our contact form.

By Richard A. Ruohonen

The following article was published in the Minnesota Association for Justice magazine, and Rich has rewritten the article for publication in the Indiana Trial Lawyers Association magazine. Click on the link at the bottom to read the full article.

Convincing a jury your client experienced a traumatic brain injury can be very challenging. You first must overcome an unrealistic perception that even extreme trauma results in little long-term damage. Movies, wrestling and sports in society all perpetuate myths of invincibility. Athletes, for example, often further perpetuate these myths playing through concussions and fans rarely see any off-the-field symptoms. Although proving the reality of traumatic brain injury is often difficult, proving these injuries are generally easier than proving other nonvisible injuries, such as soft tissue neck and back injuries. Unlike experts in other areas, the neuropsychological experts in traumatic brain injury universally agree on certain fundamental principles and will generally readily admit very helpful points in cross examination. Minnesota’s statutes are also beneficial in helping you prove your client’s injuries.

Effective cross examination of the defense neuropsychologist can be accomplished by directly debunking the myths associated with traumatic brain injury. This article provides you with ammunition for effective cross examination of the neuropsychologist followed by a list of specific questions which can be asked of the neuropsychologist to debunk each myth.

Debunking The Top 10 Myths Of Traumatic Brain Injury (PDF)

Dentists the world over are reviled for the pain they cause a person. In addition, it seems like an awful lot of money to spend on such a small part of the body. Unfortunately for anyone who has ever had a tooth pulled or a cavity filled, the standard amount of pain following a procedure does not qualify as negligence. It is possible for a dentist to be sued for dental malpractice in the event that the dentist does something careless or causes something terrible to happen to a patient.

Any negligent or poor quality dental care that is performed by a dentist or other dental professional, like an oral surgeon, can be called dental malpractice. According to a 2006 report, one out of every seven medical malpractice cases is related to dental care or a dental profession. Dentists, in general, maintain a very high level of care and so when something goes wrong, it is somewhat surprising.

A dentist can commit malpractice in many of the same ways as any other healthcare professional. Some common examples include:

• Failure to detect an oral disease or malformation properly
• Improper use of dental or surgical implements
• Installation of defective or inferior dental products
• Injuries to the oral cavity or the surrounding bones and tissues
• Death from dental procedures or anesthetics

Like any doctor, a dentist is a professional that works long hours and puts in years of schooling. Despite all of the schooling, dentists still make mistakes.

Contact a Minnesota Dental Malpractice Lawyer

If you have been injured by a dentist’s negligent actions, contact Minnesota dental malpractice lawyers of TSR Injury Law at 612-362-0000 or submit our free consultation form.

Crocs have become such a huge shoe fad that they are identifiable by name. They have achieved a level of prevalence that allows for there to be two distinct groups, consisting of people who either love or hate crocs. There seems to be no middle ground.

The plastic shoes have become exceptionally popular for children. Crocs, which are made of plastic and don’t require any laces, are an ideal solution for parents who might not have time to stop and tie a child’s shoe every five minutes. They are also very easy to clean.

Unfortunately, these shoes which are so much fun for kids to wear because of all of the colors available, have come under serious scrutiny due to escalator accidents involving the shoes. These accidents almost always involve a child wearing their colorful crocs.

What happens in escalator accidents is that a child will be standing on the outside of the step. The shoe, which is made of plastic, will rub against the side of the escalator. This friction generates heat which then melts the plastic just enough that it can be drawn into the gap between the step and the side of the escalator.

Once the shoe has been drawn into the side of the escalator, it is all too easy for it to get caught in the mechanism driving the stairs. This continues to occur until a child’s foot is cut or maimed.

Contact a Minnesota Products Liability Lawyer

If you or your child has been injured on an escalator wearing Crocs, contact the Minnesota products liability lawyers of TSR Injury Law at 612-362-0000 or submit our contact form.

Strict liability is the legal doctrine that allows an individual to be found liable for the injuries of another regardless of whether an action was taken or not. It is most frequently used in situations where a person is in control of something inherently dangerous or risky.

One of the most common examples of an application of strict liability involves the owner of a wild animal park. The owner has taken every precaution known to mankind in an effort to prevent anyone from being injured by any of the animals in the park. Unfortunately, one day, a bear gets out of its enclosure and ends up maiming someone. Despite the efforts taken by the park owner, he is still liable for the injuries to the guest because he chose to own a wild animal park.

A similar situation involves demolition. Regardless of the number of safety precautions taken when blasting or demolishing a building, if a person is injured by a piece of debris, the contractor or individual doing the demolition is liable for the injuries as demolition is seen as something that is inherently dangerous.

In the instance of the animal park, strict liability is beneficial to the plaintiff because it is much easier to prove his or her case. There does not need to be a finding of negligence or an intentional tort because the accident was something that fell under the inherently dangerous area.

Contact a Minnesota Personal Injury Lawyer

If you have been injured by someone’s negligence or intent, contact the Minnesota personal injury lawyers of TSR Injury Law at 612-362-0000 to discuss your case and to determine your legal options. If you prefer, you may submit our contact form.

Vicarious liability is a form of secondary liability by which an employer or other superior can be held liable for the actions of another. In vicarious liability, an employer is held liable for injuries that an employee causes if the employee was acting within the scope of their employment.

Secondary liability means that a person is held liable not for their own actions but for the actions of someone else to whom they are related enough to be held liable. Beyond employers, other situations of vicarious liability include parents and children.

In the situation of a parent and child, the parent is held liable for the actions of the child because the parent is supposed to have enough control over the child to prevent the child from injuring others. Also, because the child is a minor, the parent is responsible for all aspects of the child.

The employer/employee relationship can be different. In many cases, the employee does something to cause injury that is not within the scope of his or her employment. If the employee, while acting outside of the scope of their employment, injures someone, the employer is not liable for the injuries. In many vicarious liability cases, whether the employee was following a direction or company policy can be the difference between victory for the plaintiff or defeat.

Contact a Minnesota Personal Injury Lawyer

If you have been injured by an person’s actions either through negligence or intent, contact the Minnesota personal injury lawyers of TSR Injury Law at 612-362-0000 to discuss your case or submit our contact form.

People rely on elevators and escalators whenever they do not want to take the stairs. In some buildings, taking the elevator is really the only option to get to an office or apartment. Elevators, however, do have a history of injuring people. Fortunately for the millions that take elevators on a daily basis, the most commonly injured people are the individuals who are repairing the elevator.

Common causes of injury to passengers include:

• Not opening level with the floor
• Getting stuck
• Sudden increases or decreases in speed
• Missing the floor of a building
• Falling or plummeting down the elevator shaft

Of the above causes of injuries, all are fairly rare. Other elevator accidents can be caused by:

• Poorly positioned elevator floors causing people to trip on an uneven surface
• Elevator doors opening onto an open shaft
• Being trapped in a closing door
• Accessible elevator shafts

These injuries are also uncommon. Despite the rarity of elevator injuries, on a yearly basis, there are 30 fatalities caused by an elevator in some way. In addition to the 30 fatalities, more than 10,000 people are injured on an annual basis.

In an effort to protect individuals, most states and cities have enacted regulations that cover the construction, operation, and maintenance of elevators. However, it is not uncommon for buildings not to comply with the various regulations.

Contact a Minnesota Premises Liability Lawyer

If you have been injured in an elevator or while working on an elevator, contact the Minnesota premises liability lawyers of TSR Injury Law at 612-362-0000 or submit our contact form.

The world of tort law is, for the most part, divided into two broad categories of faults. The first category, negligence, is much less straightforward than the other category, intentional torts. For a tort to be an intentional tort, it must have “intent” as one of its elements.

Intentional torts are actions that allow a person who has been injured by the conduct of another to recover for damages from the tort. Common examples of intentional torts include intentional infliction of emotional distress, battery, assault, and false imprisonment. While potentially drastically different, each of these torts has the element that the defendant must have intended to do something.

There are three levels of intent that a defendant can exhibit.

• Level one intent is where the defendant purposefully did something. For example, if the defendant thinks to himself that he is going to hit the plaintiff, he purposefully intended to hit the plaintiff.
• Level two intent occurs when the defendant is reasonably certain that a certain event will happen if he does something. For example, if a person throws a ball into a crowd of people, he can be reasonably certain that the ball will strike someone.
• Level three intent is also called transferred intent. In transferred intent, the intent to do something is transferred between torts and people. If the person intended to threaten Person A by winding up as though to throw a ball and then Person B is scared by the potential for imminent harm, the intent to scare Person A will transfer to Person B.

Contact a Minnesota Personal Injury Lawyer

If you have been the victim of someone’s intentional or negligent actions, contact the Minnesota personal injury lawyers of TSR Injury Law at 612-362-0000 or submit our contact form.