Catered Liquor Ordinance

Published On: June 10th, 2009

Catered Liquor Crackdown

alcoholic-drinks Catered Liquor Ordinance
East Bethel has hopped on the wagon with Princeton and other small cities requiring caterers to have a permit to serve alcohol at private events. The new ordinance takes effect Friday, June 12th. They hope that it will keep a tighter rein on alcohol sales from illegitimate caterers at events.

“When there’s liquor involved, it behooves us to make sure our public safety people know,” said East Bethel City Administrator Doug Sell. “It’s also important for the city to know that the individuals serving alcohol are properly insured. Hopefully there’s not an issue but you would hope that they’re properly insured.”

“What they’re concerned about is that people will come in and put a bowl of Fritos out there and chip dip and use that as the excuse to sell food as a foot in the door to sell booze,” said East Bethel City Attorney Jerry Randall. “Cities want to make sure they are legitimate food service operators, not just a pretext to sell booze.”

Caterers are normally licensed by the state and hold liquor licenses in their home municipalities. In the past they have been able to sell liquor in another city without being subject to the same local liquor ordinances that apply to established bars and liquor stores. Now caterers will be required to pay a nominal fee and submit an application and show proof of:

  • valid, state-issued caterer’s permit
  • primary liquor license
  • current insurance policy
  • contract with a local customer

Violations could result in misdemeanor charges being filed.

Minnesota Drunk Driving Accident Attorney

If you have been injured in a drunk driving accident, called one of our Minnesota Drunk Driving Accident Attorneys at 612-362-0000 or submit a free consultation form. Our partners are skilled, aggressive litigators with years of experience in personal injury law. We support the mission of MADD Minnesota and received the 2008 MADD Choice Award.
MADD-logo Catered Liquor Ordinance

Golden Valley Therapist Surrenders License in Minnesota

Published On: June 9th, 2009

Judith Henderson, a Golden Valley psychologist, has given up her license to practice after being accused of taking a patient shopping, traveling, dining, and theater excursions then billing the activities as therapy.

The Minnesota Board of Psychology says the 68-year-old charged more than $300,000 in fees to the patient over 10 years. Henderson does not admit or deny the allegations, but agreed to give up her license.

Ms. Henderson violated her professional relationship with the patient, the board stated, by extravagant socializing and then billing it as therapy. She allowed, and possibly encouraged, an inappropriate dependence by the patient.

Medical malpractice and abuse can take many forms. This abuse is unconscionable. It is taking advantage of a trusting, emotionally compromised person. The Medical Malpractice Attorneys of TSR Injury Law are skilled, aggressive litigators with years of experience in personal injury law. Our partners are consistently named Super Lawyers. We will help you evaluate your case and fight for justice. Call 612-362-0000 or submit our free consultation form.

Semi-Truck Accident Mankato

Published On: June 7th, 2009

Another deadly weekend in Minnesota. 16 people have died since the start of Memorial Day weekend.

  • A 28-year-old man from Mapleton, Chad Bergemann, was killed Thursday afternoon. The car he was traveling in was hit by a semi-truck near Mankato. The car was traveling north on Hwy 22, turned left at an intersection, was broadsided by a semi-truck. Neither driver was injured.

If you have been in a car / truck accident or lost a loved one in a semi-truck accident, call Minnesota Truck Accident Attorneys at TSR Injury Law. You need legal representation with the insurance companies. They are a business out to make a profit. Our semi-truck accident attorneys are skilled, aggressive litigators and wrongful death lawyers who will fight for a fair settlement. Call 612-362-0000 or submit our free consultation form.

Motorcycle Accident Anoka

Published On: June 7th, 2009

Deadly car accidents and motorcycle accidents are on the rise in Minnesota. 16 people have died since the start of Memorial Day weekend.

  • A 49-year-old Princeton man was killed when his motorcycle collided with a vehicle in Anoka County. The 20-year-old woman turned directly in front of him. This happened near Nowthen.

If you have lost a loved one in a motorcycle accident, call Minnesota Motorcycle Accident Attorneys at TSR Injury Law. You need professional representation with the insurance companies. Their first concern is their profit, not your well-being. Our motorcycle crash attorneys are skilled, aggressive personal injury and wrongful death attorneys who will fight for compensation for you. Call 612-362-0000 or submit our free consultation form.

Walk Like MADD Recap

Published On: June 5th, 2009

The Walk Like MADD 5K Event was a Huge Success.

  • The walkers enjoyed all of the activities and FOOD.
  • The event attracted almost 700 participants, including Steve Terry, Chuck Slane, and Rich Ruohonen.
  • In addition we EXCEEDED the walk goal of $80,000 which will help many friends and families of drunk driving crashes.
  • Since the start of the event 3 years ago, we have doubled in numbers each year.

tsr-injury-law-madd-mn-sponsor Walk Like MADD Recap
tsr-injury-law-madd-mn-sponsor-3 Walk Like MADD Recap

Motorcyclist Hits Guardrail – Dead at the Scene

Published On: June 5th, 2009

Fatal Motorcycle Crash on I-394 & Hwy 100

A motorcyclist died Friday about noon, in Golden Valley. He crashed his motorcycle into a guardrail on an off-ramp and flipped over the wall. The Minnesota State Patrol said that speed was a factor in this fatality.

The State Patrol said that because of the speed he was going he hit the wall and went flying, while the motorcycle continued down the ramp. The crash is under investigation; the motorcyclist has not been identified.

Contact Minnesota Motorcycle Accident Attorney

motorcycle-crash-victim-4 Motorcyclist Hits Guardrail - Dead at the Scene Motorcycle accidents are so devastating. You need someone to help you navigate the system and negotiate the best contract with the insurance company. The Motorcycle Accident Attorneys of TSR Injury Law are skilled, aggressive litigators with years of experience in Personal Injury Law. Call 612-362-0000 for a free consultation or submit our contact form.

Car Accident: Rollover Near Monticello June 5

Published On: June 5th, 2009

Car-Accident-Zane-Ave.-N.-9-25-03-001 Car Accident: Rollover Near Monticello June 5A Buick Regal was eastbound on Interstate Highway 94, near Monticello, when it rolled over and ended up in the left lane. The driver got out of the car and then the Buick was hit from behind by a Honda Civic.

The driver of the Civic was not injured, but at least one of the persons in the Buick was killed. It has not been reported whether the driver, the passenger, or both were killed.

Minnesota Car Accident Attorney: Rollovers

If you have been injured in a car accident, call a Minnesota Car Accident Lawyer of TSR Injury Law. Our attorneys have years of experience in personal injury law and are skilled, aggressive litigators. Call 612-362-0000 or submit our free consultation form.

Drunk Driver Crashes in Savage June 4

Published On: June 5th, 2009

How would you like to be sitting in a bar and end up with an SUV on your lap? That is what happened at McHugh’s Grille and Bar in Savage, Minnesota, Scott Co at 5:40 pm, Thursday evening.

The driver crashed through the front entrance of the bar. One employee had minor injuries.
The police said the driver of the SUV was drunk. He was arrested and booked into the county jail. Charges are expected to be filed Friday.

Contact MN Drunk Driving Accident Attorney

If you have been injured by a drunk driver, call a Minnesota Drunk Driving Accident Attorney from TSR Injury Law. Our lawyers are skilled, ethical litigators who will defend you aggressively. They have years of experience in personal injury cases and have recovered millions in damages. Call 612-362-0000 or submit a free consultation form.

Garbage Truck Accident

Published On: June 4th, 2009

A commercial waste management truck rolled over Harris Nyumah, a 5-year-old who came from Liberia 3 years ago, and killed him instantly. The garbage truck accident occurred at about 11 a.m., on Thursday morning, near the intersection of 51st Ave. N and Ewing Ave. N.
Harris had been playing outside. He darted after his ball as it rolled into the street. The garbage truck was backing up and the driver could not see the boy.

The boy died at the scene and his body was taken to the Hennepin County Medical Examiner’s office. The garbage truck accident is still under investigation. The driver of the garbage truck is cooperating fully with the investigation and is said to be devastated. “At this point, I don’t anticipate any charges, but things could always change,” Commander Mike Reynolds said.

Minnesota Garbage Truck Accident Attorneys are compassionate, aggressive personal injury lawyers with years of experience. Our attorneys are consistently named Super Lawyers and Top Lawyers by their peers. Call for a free consultation, 612-362-0000 or submit our contact form.

Minnesota Fatal Car Crash

Published On: June 2nd, 2009

MN Car Crash Leaves 1 Dead, 3 in Serious Condition

car-crash-2 Minnesota Fatal Car CrashA 2004 Pontiac Aztek and a 1995 Pontiac Grand Prix were involved in a head-on collision Tuesday about 3 p.m.. The highway had to be closed for several hours. The state patrol said that the car heading north on Hwy 169 crossed into the southbound lanes, causing the car accident.

Eyewitnesses said at least one person was trapped inside one of the vehicles and had to be extracted. Two females and one male were taken to HCMC with serious injuries. A fourth person was pronounced dead at the scene.

In 2005, head-on car crashes accounted for only 2% of the accidents but 10% of the fatalities. The impact of a head-on car crash between two vehicles, each traveling at 50 m.p.h., is equivalent to hitting a stationary car at 100 m.p.h.

Minnesota Car Crash Attorneys are compassionate, skilled personal injury lawyers with years of experience in car crashes, including head-on collisions, truck and motorcycle accidents, and brain and spinal injuries. Our partners are Super Lawyers, Top Lawyers, and Chuck Slane has recently been named one of the Top 40 Personal Injury Lawyers in the state of Minnesota. Call 612-362-0000 or submit our free consultation form.

Minnesota Motorcycle Accident Insurance Coverage

Published On: June 1st, 2009

Uninsured / Underinsured Motorist Insurance Loophole

Got Coverage? Maybe not.

The Minnesota No-Fault Automobile Insurance Act requires all insurance companies to provide the following uninsured / underinsured coverage for motor vehicles:

  • basic economic losses
  • medical expenses
  • minimum levels of uninsured / underinsured coverage

There is a major loophole in the Minnesota No-Fault Automobile Insurance Act. They do not specify that motorcycles are a “motor vehicle”. That precludes them from the provisions of the act and it allows insurance companies to write policies that protect their own interests at the expense of the policyholder.

This loophole was recently exposed in the Johnson v. Farmers decision.

  • The plaintiff incurred at least $134,000 in damages.
  • The defendant was totally at fault and carried only $30,000 in liability coverage.
  • The plaintiff settled for $34,000 and then filed with his own insurance for the difference of $100,000 maximum allowed on his UIM policy.
  • Unknown to the plaintiff, his policy contained a “limits-less-paid” reducing clause allowing the insurer to deduct the amount of the settlement.
  • That translates into $66,000 from the plaintiff’s insurance company, leaving the plaintiff footing the bill for the additional $34,000.

Many attorneys say the decision goes against settled law stating that ambiguities should be resolved against insurers. Steve Terry, founding partner of TSR Injury Law and motorcycle enthusiast, was quoted in the June 1st, Minnesota Lawyer reflecting on the decision,

“If the statute is ambiguous and the contract with the underinsured carrier is ambiguous, it should be held against the insurance carrier. The court did just the opposite . . . they gave the insurance company the benefit of the doubt and [ruled against] the person who was hurt.” He then added, “In most contexts you hold doubts against the one who wrote the policy. [The Court of Appeals] seems to be getting more and more conservative and becoming more and more insurance-company friendly. If a case could go either way, if there is ambiguity, it’s being resolved in favor of the for-profit insurance company and against injured consumers.”

This is a disturbing situation because no one reads their insurance policy completely. It leaves the door open for abuse. Any motorcycle policy can now say anything as there is no regulation whatsoever.

Contact Minnesota Motorcycle Accident Attorneys

The Minnesota Motorcycle Accident Lawyers, of TSR Injury Law, are expert Personal Injury Lawyers and skilled litigators. They will represent you aggressively in your motorcycle accident case. Call 612-362-0000 or submit our free consultation form.

Minnesota Boating Accident Lawyer – Boat Crash – Boat Accident Mississippi River

Published On: May 25th, 2009

Boating Accident: Boat Flipped on the Mississippi River, 11 Hospitalized

May 24th: A 45′ boat, going 50-60 mph, flipped and ejected all 13 passengers — including 2 children. The accident took place on the Mississippi River near Red Wing, Minnesota. 11 of the passengers were taken to the hospital. The extent of their injuries is still unknown. On the initial report, it is stated there is no suspicion of alcohol use at this time.

Minnesota boating accident lawyers of TSR Injury Law can represent you in a variety of boating accident personal injury claims, including:

Boating Safety Tips from Minnesota Boating Accident Lawyer

  • wear a life jacket
  • know how to operate your boat
  • inspect engine prior to each use
  • do not consume alcohol when you are on the water
  • do not use excessive speed
  • be aware of signs of carbon monoxide poisoning

MADD-logo Minnesota Boating Accident Lawyer - Boat Crash - Boat Accident Mississippi RiverIf someone you loved has has been injured in a boating accident, due to another’s negligence, you need to contact a legal professional as quickly as possible to begin building a strong case against the individuals responsible. Contact the Minnesota Boating Accident Lawyers of TSR Injury Law today at 612-362-0000 to schedule a consultation or submit our contact form.

Minnesota Dog Bite Lawyer – Pit Bull Bite – Animal Attack

Published On: May 25th, 2009

Pit Bull Dog Bite Attack

dogbite Minnesota Dog Bite Lawyer - Pit Bull Bite - Animal AttackOn Friday, May 22nd, the 2-year-old son of a Pittsburgh Steelers’ linebacker was attacked and bitten on the thigh by the family’s pit bull. He was hospitalized and will probably remain in the hospital until Tuesday. A full recover is expected. The boy was rescued by his mother and one of her friends. Both the mother and the friend sustained injuries. The friend’s injury required stitches.

The Minnesota dog bite statute is one of the most liberal. It is designed to protect the innocent from dog bites.

Minn. Stat. Ann. sec. 347.22: Damages, owner liable.

  • If a dog, without provocation, attacks or injures any person who is acting peaceably in any place where the person may lawfully be, the owner of the dog is liable in damages to the person so attacked or injured to the full amount of the injury sustained. The term “owner” includes any person harboring or keeping a dog but the owner shall be primarily liable. The term “dog” includes both male and female of the canine species.

In essence, if you were not trespassing or provoking the dog, the owner is liable for all medical expenses, loss wages, and pain and suffering.

Minnesota Dog Bite Attorneys at TSR Injury Law are skilled litigators and will work aggressively to protect your rights and recover fair compensation for your dog bite injury. We are currently working on a similar case in Minnesota. Call 612-362-0000 or submit our free consultation form.

Related topics: Minnesota Dog Bite Attorney.
Minnesota Personal Injury Lawyer.
Minnesota Personal Injury Attorneys for Child Injuries.

Minnesota Personal Injury Lawyers: Why File a Lawsuit?

Published On: May 25th, 2009

Recovering from an injury can be costly in every sense of the word. Treatment for physical and sometimes psychological damage is usually expensive. A serious personal injury can cause you to miss work or even to lose your job. In addition, the emotional drain of all this stress and adversity can take a real toll on your quality of life. TSR Injury Law hopes the following ideas help you determine whether to call a Minnesota Personal Injury Lawyer. In order to file a personal injury lawsuit:

  • you must have a legitimate problem
  • you should assess the situation and if it cannot be satisfactorily resolved any other way, it is a good idea to pursue a lawsuit
  • if someone’s negligence or error is costing you in hospital expenses and lost wages
  • if the insurance company is giving you the run around

If you feel you have grounds for a lawsuit, do not wait too long to contact a personal injury lawyer because details can be forgotten, evidence can be lost or compromised, and the statute of limitations may run out.

You will need an experienced and dedicated Minnesota personal injury lawyer to review your case, offer advice, and argue for your rights in court. The laws surrounding legal responsibility and personal injury can be very complex. It takes a skilled Minnesota personal injury lawyerto navigate the legal language and argue persuasively in court.

Contact Minnesota Personal Injury Lawyers, Attorneys

The Minnesota personal injury attorneys at TSR Injury Law have years of experience standing up for victims and their rights. You can fight. We can help. Call our office at 612-362-0000 today or submit our contact form for a free case review.

Topics of Interest:

Minnesota Car Accidents
Minnesota Traumatic Brain Injury.
Minnesota Spinal Injury.

Deadly Motorcycle Accident

Published On: May 24th, 2009

Late Saturday night, May 23, a speeding motorcycle ran into the back of a Nissan Altima; killing both people on the motorcycle. The driver of the Nissan did not sustain visible injury.

The vehicles were going west on Hwy 55, when the Kawasaki crashed into the car. The attending officer said the motorcycle was traveling at a “high rate of speed”. The motorcycle /car accident closed the Mendota Bridge for 4 hours.

This has been a deadly weekend for Minnesota motorists. We have had 7 crashes, with 10 fatalities. It is disheartening for police officers.

If you have been injured in a motorcycle accident or car accident, you need legal representation to receive fair treatment and the compensation you deserve. Call an experienced motorcycle / car accident attorney at TSR Injury Law, 612-362-0000 or submit our free consultation form.

Read about our motorcycle accident representation.
Read about our car accident representation.

In the News: Deadly Car Accidents Memorial Weekend.

7 Crashes, 11 Dead on Memorial Weekend

Published On: May 24th, 2009

Deadly Car Accidents Memorial Weekend

This is the deadliest weekend on record in years. The state has an average crash fatality of 2-3 per weekend. There have been 11 killed this weekend and it is only half over. Officers are lamenting the lack of responsibility and the needless loss of life.

The most lives were lost in the 2-vehicle car accident in Olmsted County. A minivan was broadsided and spun around by a Silverado, leaving 4 dead. The cause of the accident is alcohol-related according to police. There was another drunk driving fatality involving an underage driver. The victim in that accident was only 17 years old. In total 4 of the 7 crashes involved alcohol.

Our hearts go out to the grieving families. TSR Injury Law is a proud supporter of MADD Minnesota and received the 2008 MADD Choice Award. TSR Injury Law represents those whose lives have been changed forever by the drunk driving negligence of others. Call 612-362-0000 or submit our free consultation form.

MADD-logo 7 Crashes, 11 Dead on Memorial WeekendRead more about car accident representation.

In the News: Deadly Motorcycle Accident Memorial Weekend.

Chaska Passed Social Host Ordinance

Published On: May 22nd, 2009

MADD-logo Chaska Passed Social Host OrdinanceLast fall Chaska became the first city in Minnesota to pass a social host ordinance. It was passed unanimously. The ordinance makes it illegal to knowingly permit consumption of alcohol on the premises by underage persons. This is a clear message to parents that they are responsible for what happens in their home. Violators will be charged with a misdemeanor.

TSR Injury Law is a proud sponsor of the MADD mission and is the recipient of the 2008 MADD Choice Award. Steve Terry, founding partner, was the guest speaker at the Minnesota Statewide Recognition Ceremony. We are passionate about this issue and want to help you if you have been the victim of a drunk driving accident. Call 612-362-0000 or submit our free consultation form.

We have years of experience with a proven record of results. Read about Annie’s case.

Pedestrian Accident – Hit and Run

Published On: May 22nd, 2009

According to the Star Tribune, near dawn on Friday, May 22nd, a motorist hit a pedestrian on Rice Street and dragged him a short distance. The driver then left the scene. The 32-year-old man was taken to Regions Hospital. He was in critical condition. They are reviewing video from the area to assist with identifying the hit and run vehicle.

TSR Injury Law has experience in pedestrian accident cases and recently settled one for $600,000. Our attorneys are skilled and compassionate and have been consistently named Super Lawyers. If you have been injured in a pedestrian accident, call TSR Injury Law, at 612-362-0000, or submit our consultation form.

Truck Accident Hits Bicyclist May 20th

Published On: May 22nd, 2009

On May 20th, at 7:40 am, life came to a stand still for Dennis Dumm, 31, as his bicycle was hit by a semi-tractor truck pulling a dump truck box. Dennis commuted to work in Minneapolis every day, wearing a helmet, using the bike lane, and carefully obeying the laws.

The semi-truck driver was on a one-way street, making a wide left turn; as he crossed the bike lane he struck and killed the cyclist. The driver will not be given a citation in the accident.

This is a reminder that accidents happen to law-abiding, hard-working, ordinary people. It is vital at a time like this to seek professional help by contacting a personal injury lawyer. A truck accident attorney will provide legal representation and help you receive a fair settlement from your insurance company. TSR Injury Law handles truck accidents and bicycle accidents with skill and compassion. Call 612-362-0000 or submit our free consultation form.

MADD’s Walk Like MADD

Published On: May 22nd, 2009

Walk_MADD_Logo MADDs Walk Like MADD
Walk Like MADD is a fun-draising event to increase awareness for MADD’s programs and services as they strive to keep our children and communities safe.

Who Can Participate in the Walk Like MADD Event?

Everyone is encouraged to bring:

  • a friend
  • a family member
  • a co-worker
  • your children
  • your dog

Event Activities

The theme for this year’s walk is “Hollywood”. They will celebrate and honor all of the “stars” in our lives. There are many events planned, such as:

  • safety fair
  • fashion show with garments made out of seatbelts
  • go-carts
  • roll-over simulator
  • double Dutch
  • kid’s scavenger hunt
  • massages

Attorneys Steve Terry, Chuck Slane, and Rich Ruohonen, of TSR Injury Law, will be present and participating in the Walk Like MADD activities. Come and meet your favorite lawyer — see for yourself their compassion and concern for the victims of drunk drivers. If a drunk driving tragedy has struck your family, talk to one of them about a free consultation or call 612-362-0000.

MADD Minnesota Sponsor

Difference Between Assault & Battery

Published On: May 7th, 2009

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.

Rich Ruohonen represents child sexually assaulted at casino daycare.

Published On: May 5th, 2009

In January 2008, a three-year-old boy left by his mother at the Kids Quest daycare center located in Grand Casino Mille Lacs was found severely beaten by an employee after a shift change. Further examination by a doctor revealed evidence of sexual assault.

A surveillance video showed a 9-year-old boy beating the toddler, before dragging him into an opaque play pipe, where the sexual assault allegedly took place. Rich Ruohonen took on the case, representing the devastated mother and child and fighting to expose the negligence of Kids Quest and its employees.

Steve Terry speaks at the MADD Minnesota Statewide Recognition Ceremony

Published On: May 1st, 2009

steve-terry Steve Terry speaks at the MADD Minnesota Statewide Recognition CeremonyTSR Injury Law was the proud sponsor of recent MADD Minnesota Statewide Recognition Ceremony on March 25, 2009. As an event sponsor, Steve Terry was asked to speak at this wonderful awards ceremony which recognizes individuals and police departments committed to the MADD’s Mission. MADD’s mission is to the stop drunk driving, support the victims of this violent crime, and to prevent underage drinking. TSR Injury Law supports the mission of MADD and has been a financial supporter of MADD for many years.MADD-logo Steve Terry speaks at the MADD Minnesota Statewide Recognition Ceremony

9-Year-Old Boy Allegedly Sexually Assaulted A Toddler In Kids Quest Daycare Center

Published On: April 30th, 2009

(DIGITAL JOURNAL) Police were summoned to the Kids Quest Daycare facility at the Mille Lacs Grand Casino in Minnesota. A 3-year-old boy was found battered & bruised in a play area within the center. The suspect in question is a 9-year-old boy. Sexual assault also occurred.

The Kids Quest Daycare facility is reacting with horror to the report that a 3-year-old little boy left in their care was somehow attacked and sexually assaulted – right under the noses of the persons left in charge.

The child was discovered in a play area and showed visible signs of a physical attack.

“He had bruises on his arm that showed that he was either pulled or held down. He had finger marks on his neck and by his face, like fingernail marks and bruising,” said the victim’s attorney Richard Ruhonen.

The victims attorney went on to indicate

“It’s unconscionable that this could happen. If anybody is standing within a few feet of the playground, within 30 feet, they should be able to hear a kid being assaulted,”

The 3 year old was taken to a doctor following the incident, and upon examination it was revealed that not only had he been physically assaulted, he had also been sexually assaulted.

The suspect is a 9 year old boy, also left at the Kids Quest facility.

Surveillance video is being reviewed, and it has been reported that the tape contains visual evidence of the attack.

“A 9-year-old child was the perpetrator,” said Mille Lacs Band Of Ojibwe Solicitor General Rjay Brunkow.

New Horizon, which apparently runs the daycare center issued a statement that indicated they were “aggressively and proactively investigating it right now”.

This story just makes me sick to my stomach. First of all, what kind of a day care center, as the attorney stated, would not hear a 3 year old’s cries for help as he was being physically and sexually attacked by another child?

And what is even more horrifying: What 9-year-old would do such a thing? This is one very sick child that obviously has either been abused himself or is seriously mentally deranged. How would a 9 year old even have knowledge of sexual activity or know how to sexually abuse another child?

Horrid, just horrid.

Child-on-child sex assault alleged at casino

Published On: April 30th, 2009

(STAR TRIBUNE) Authorities are investigating the possible sexual assault last week of a 3-year-old boy by an older child inside a child-care facility at Grand Casino Mille Lacs near Onamia, Minn.

The Kids Quest center, which is not owned by the tribe and leases space at the casino, cares for children of casino customers on a drop-in, hourly basis. It was closed temporarily Tuesday while authorities for the Mille Lacs Band of Ojibwe, which owns the casino, reviews whether it has been complying with tribal regulations. The Mille Lacs center, as well as the child-care center at the band’s Grand Casino Hinckley, could remain closed 14 days, or until Feb. 12, said Tadd Johnson, special counsel in the band’s government affairs department.

In the Jan. 23 incident, the victim’s parent was paged after a worker at the facility saw the toddler had been physically assaulted, said Rjay Brunkow, attorney for the Mille Lacs band. The next day, the boy’s parent noticed more bruising and took the boy to the doctor, who “concluded that a sexual assault may have happened,” Brunkow said.

Mille Lacs tribal police are in the early stages of the investigation, Brunkow said, but have identified a “suspect or a person of interest” — a boy between 8 and 10 years old.

“We do not believe a worker or an employee was involved,” he added.

Richard Ruohonen, a Minneapolis attorney representing the alleged victim’s family, asserted that no one at the care center called police to report the incident. He said they told the mother they didn’t know what had happened.

Ruohonen said the alleged victim’s mother and grandmother were paged two or three hours after they’d dropped him off at the center, and found him with bruises and scratches on his face and head, along with a dried-up bloody nose. They did not know when the assault occurred.

The doctor who examined the 3-year-old called police the next day, Ruohonen said.

The boy had been at the center on other occasions before the incident, but he and the alleged assailant didn’t know each other, Ruohonen said.

Kids Quest is run by New Horizon, a Plymouth-based chain of child-care centers at businesses and other locations that includes the Kinderberry Hill centers. Kids Quest is the nation’s largest system of hourly child-care centers, including centers in 22 casinos in 11 states, caring for children 6 months to 12 years of age. There are four in Minnesota.

In an e-mail Wednesday, Kids Quest spokeswoman Beth LaBreche wrote that Kids Quest is “aggressively and proactively” investigating the incident.

The state of Minnesota does not license or have any jurisdiction over tribal casino child-care centers, said a Department of Human Service spokesman. But the centers operate under regulations similar to the state’s, Johnson said. Brunkow said the incident may have happened inside a crawling tube that is part of the playground equipment in the facility, which would have concealed it from workers.

Authorities hope to have a report with more answers by Friday.

“We’re going to continue to investigate very aggressively. I’ve instructed our police chief that this is top priority,” Brunkow said. “We need a quick resolution of this case and an accurate resolution.”

It is unknown what type of repercussions the older child could face.

“With kids these ages … that’s not an age where they’re old enough to even have formed criminal intent,” Brunkow said, adding it may be “more of a family services matter.”

Staff writer Courtney Blanchard contributed to this report. plouwagie@startribune.com • 612-673-7102 mcaul@startribune.com • 612-673-7646

Victim’s attorney believes tape is crucial to child’s recovery

Published On: April 30th, 2009

(Mille Lacs) The mother of a 3-year-old who was allegedly physically and sexually assaulted in January at the Kids Quest child care center located at Grand Casino Mille Lacs said her child is haunted by the experience and is seeking help.

Help, could come sooner, she and the child’s therapists believe, if they had a better understanding of what happened to the toddler nearly one year ago – understanding they could gain by viewing the casino surveillance tape being held as evidence by the Band’s Solicitor General, Rjay Brunkow.

The victim’s attorney, Rich Ruohonen, said he was stunned that the tape has not been turned over when he requested it from Brunkow several times since July.

“In every jurisdiction in the state of Minnesota you have the right as a victim of a crime to get a copy of video tapes and other evidence that the police have obtained,” Ruohonen said. “Apparently with the exception of tribal land.”

The video tape was placed into evidence with the Mille Lacs Band tribal police who had investigated the incident. Brunkow now has the tape in a different secure location, he said.

Ruohonen said security reports written after the tape was reviewed say a 9-year-old boy kicked the toddler in the face, threw him to the floor, held him down, then carried him to the top of the gym into a tunnel.

The mother of the toddler victim said she was mortified when she picked her son up after dinner at the casino. “He was beaten head to toe,” she said. He had bruising on his cheeks and neck, a ruptured blood vessel in his eye and a scratch on the side of his eye.

Follow up care at a hospital revealed the child had been sexually assaulted.

Brunkow said he has viewed the tape. “It shows a little rough housing. The sexual assault allegedly took place in a tunnel. It is not a see through tunnel,” Brunkow said. “Nothing on that tape actually shows sexual assault.”

Ruohonen said there are no plans to name the Band in any lawsuit at this time. He is currently pursuing a civil case against Kids Quest/New Horizons. New Horizons is the parent company of Kids Quest, which operated drop-off day care centers at Grand Casino Mille Lacs and Hinckley. Their vendor license has since been revoked at both casinos.

Ruohonen said he sent a letter to Brunkow in February requesting the surveillance tape and other evidence. Brunkow told him he could have it. By July, the tape had not been turned over to Ruohonen. On July 3, Ruohonen said Brunkow told him it was in the mail.

But Ruohonen did not receive it. Ruohonen said Brunkow later told him he could have the tape if he agreed in writing to release the Band of any liability in the case prior to viewing the tape.

“It would be irresponsible of me as an attorney in representing my clients, to sign anything of that matter before viewing the tape,” Ruohonen said.

Brunkow denied agreeing to turn the tape over to Ruohonen without signing a statement.

Mille Lacs Band statutes state tribal court has the authority to review and determine the benefit of any evidence involving juvenile cases, according to Brunkow.

“He (Ruohonen) should have taken the time to learn tribal law and file a motion in tribal court to try to gain the tape as evidence through the court,” Brunkow said. “But he chose to remain ignorant.”

Brunkow maintains he will turn the tape over to Ruohonen if he agrees in writing not to use the tape as evidence in any law suit naming the Band as a defendant.

Ruohonen said he will explore his options.

“The sad part – the frustrating part – is that tape can possibly help this child in his therapy,” Ruohonen said. “It can help his mother and his doctors better understand what happened to the child so they can move forward. Not having that tape is detrimental to his care and treatment.”

by Vivian Clark
Messenger Staff Writer

Police: Boy, 3, Assaulted At Casino Child Care

Published On: April 30th, 2009

KidsQuestChildCareCenter Police: Boy, 3, Assaulted At Casino Child Care(WCCO) Tribal Police at Grand Casino Mille Lacs are investigating the assault and rape of a 3-year-old at the Kids Quest Child Care Center located in the casino. They think the person responsible is a 9-year-old boy.

A promotional video calls Kids Quest a safe, secure and fun place, saying “parents trust us, kids love us.”

However, investigators say Kids Quest was anything but safe for a 3-year-old boy last week.

“It’s unconscionable that this could happen. If anybody is standing within a few feet of the playground, within 30 feet, they should be able to hear a kid being assaulted,” said the victim’s attorney Richard Ruhonen.

The child was apparently in a play area when workers found him.

“He had bruises on his arm that showed that he was either pulled or held down. He had finger marks on his neck and by his face, like fingernail marks and bruising,” said Ruhonen.

The next day a doctor discovered more had happened to the 3-year-old.

“There was definitely some indication that he had been sexually assaulted,” said Ruhonen.

Grand Casino Mille Lacs leases the Kids Quest space to New Horizon.

“We’re very upset over the entire situation. We are actively and aggressively investigating,” said Mille Lacs Band Of Ojibwe Solicitor General Rjay Brunkow.

Surveillance tape apparently may show the child suspected of assaulting the little boy.

“A 9-year-old child was the perpetrator,” said Brunkow.

In a written statement, New Horizon said the company is aware of the allegations and is “aggressively and proactively investigating it right now.”

Kids Quest also said it’s “working closely with tribal law enforcement to gather the details we need to properly address the situation.”

The casino is also working with Kids Quest to make changes so this never happens again.

No State License At Child Care Where Boy Assaulted

Published On: April 30th, 2009

(WCCO) After the beating and sexual assault of a 3-year-old boy in the Kids Quest child care center at Grand Casino Mille Lacs, it was discovered that casino centers like this one are not licensed by the state.

Investigators think a 9-year-old boy was responsible for the attack that happened at Kids Quest, a child care center that is run by New Horizon.

“Obviously there wasn’t adequate supervision or this never would have happened,” said the victim’s attorney Richard Ruohonen.

The 3-year-old’s mother said the boy received cuts and bruises during the attack at Kids Quest.

“There should have been police called and there should have been medical personnel there and unfortunately that didn’t happen,” said Ruohonen.

“I can’t speak for Kids Quest. You’d have to inquire of them why they did not contact authorities,” said Mille Lacs Band Of Ojibwe Solicitor General Rjay Brunkow.

WCCO-TV did contact New Horizon, who leases the Kids Quest space from the casino, and they refused to say.

The victim’s attorney said the toddler told his mother that the assault happened inside a pink ball in the play area.

“Our client was told they only check the tubes, the enclosed areas, once an hour,” said Ruohonen. “And to only check them once an hour, if that’s true, and that’s what she was told, is frankly ridiculous.”

Child care center on any tribal land are not licensed by Minnesota’s Human Services Department. The Native American government of each band determines requirements and regulations for day care centers.

“We do have the ability to insist that changes are made or Kids Quest will no longer be associated with the band,” said Brunkow.

As of 8 a.m. Wednesday, Kids Quest’s vendor license was temporarily suspended and the doors closed pending a hearing on Friday. Meantime, the wounded child and his mother are trying to cope with the trauma.

“He’s scared, he’s sleeping at night with his mom. He reaches out for her every night to see if she is there?” said Ruohonen. “She’s angry at the fact it was allowed to happen. The fact that there was no one there watching out for her son.”

The family only came forward to share their tragedy to prevent other children from suffering the same fate. They’re just sorry something as terrible as this had to happen before changes were made at the casino.

Kids Quest at Grand Casino Hinkley is also temporarily shut down. The other child care centers operated by New Horizon at Jackpot Junction and Treasure Island remain open.

Child Accused Of Assault On Boy At Casino

Published On: April 30th, 2009

BruisesFromAttackAtCasino Child Accused Of Assault On Boy At Casino(WCCO) A Minnesota Indian tribe shut down the child-care centers at its two casinos after a report that a 3-year-old boy may have been sexually assaulted by an older child.

The attack happened Jan. 23 in a crawling tube inside a play area at Grand Casino Mille Lacs, a casino in the central Minnesota town of Onamia run by the Mille Lacs Band of Ojibwe. The suspected assailant is a boy between 8 and 10 years old, tribal attorney Tadd Johnson said.

Richard Ruohonen, an attorney for the victim’s family, said details of the assault weren’t clear. He said the younger child was “physically and sexually assaulted,” with bruises and scratches on his face, arm and back.

“It’s unconscionable that something like this could happen when you drop your kid off at a day care center,” Ruohonen said.

The incident was being investigated by tribal police. Sgt. Justin Churchill said the police report would remain confidential at least until the investigation was finished. Neither police nor tribal officials would give the boy’s exact age.

Jan Kolb, the prosecutor in adjacent Mille Lacs County, said she hadn’t reviewed the case for possible charges nor seen any police reports. She said criminal charges against the older boy won’t be possible under state law if he’s younger than 10.

The tribe temporarily closed the Kids Quest center at the casino, as well as another at the tribe’s other casino in nearby Hinckley. Johnson said they would remain closed at least until the investigation ends.

“Obviously, the band is extremely concerned about this situation,” Johnson said. “We’re doing everything we can to get a quick and accurate resolution to the case.”

Child-care centers are common in casinos. The Kids Quest centers at both of the Mille Lacs casinos are operated by New Horizon Academy, a Twin Cities company that leases space from casinos in 11 states as well as operating freestanding day-care centers.

A Kids Quest center at Treasure Island, a southeastern Minnesota casino run by the Prairie Island Indian Community, listed an hourly rate of $6 to care for children ages 6 weeks to 12 years.

New Horizon officials declined to answer questions about the incident Thursday or provide basic details about their business. In a written statement, the company said employees had failed to follow its “comprehensive” procedures to keep children safe.

“We deeply regret the actions of these employees,” said the statement from spokeswoman Beth LaBreche. “Since 1992, Kids Quest has provided nearly 28 million hours of care to more than nine million children. This is the first incident of its kind to occur.”

Johnson, the band attorney, said a worker noticed bruising on the boy’s body and had his parent paged in the casino. The next day, the parent noticed more bruising and took the boy to a doctor, who concluded that a sexual assault may have happened.

Johnson said tribal investigators identified the suspected assailant from surveillance video, but the tube obscured footage of the actual assault.

Ruohonen said the child is not a member of the Mille Lacs Band. He called it “unbelievable” that such an assault wasn’t stopped. The 3-year-old surely cried out, Ruohonen said.

“The family’s main concern right now is to make sure this doesn’t happen to another kid,” he said.

Both Johnson and Kolb, the county attorney, said that if the alleged assailant isn’t charged, a tribal or county social services agency could intervene to investigate his family situation.

Mom Talks About Alleged Abuse At Casino Day Care

Published On: April 30th, 2009

(WCCO) The mother of a toddler that was allegedly physically and sexually assaulted by a 9-year-old child is speaking out.

It’s been nearly a year since the alleged incident happened at Grand Casino Mille Lacs.

It apparently took place here in the Kids Quest child care center owned by New Horizons.

A pending lawsuit is stalled because of a dispute over a key piece of evidence.

“When they brought him I was mortified. He was beaten head to toe,” said the victim’s mother, who wants to remain anonymous to protect her son’s identity.

She recalls the shock she felt after seeing her 3-year-old son that she left for about an hour and a half at Kids Quest while she had a birthday dinner to go to.

“He had bruising on his cheeks, on his neck. He had a ruptured blood vessel in his eye, a scratch along his eye,” she said. All of that happened allegedly at the hands of an older boy.

“Sick to my stomach that a 9-year-old could beat my son to that degree,” said the victim’s mom.

The day after the apparent abuse the doctor had more distressing news.

“He had assaulted him sexually. And so they immediately did tests, called Mille Lacs Police,” said the victim’s mom.

The physical abuse was captured on surveillance tape.

“It shows what looks to be an older child maybe rough housing a little bit too hard with a younger child,” said Rjay Brunkow, the Mille Lacs Band Solicitor General.

Security reports written after reviewing the tape said the 9-year-old boy kicked the toddler in the face, threw him to floor, held him there then carried him to the top of the gym into the tunnel.

“It’s not a see through tunnel,” said Brunkow.

That’s where the alleged sexual assault took place.

“In every jurisdiction in the state on Minnesota — if you aren’t on tribal land — you have the right as a victim of a crime to get a copy of a video tape that the police have obtained,” said Rich Ruohonen, the victim’s attorney.

However the Mille Lacs Band will only turn over the tape to the boy’s attorney if they “write the band a letter saying if the band were named as a defendant in the lawsuit, that the video tape would not be used against the band,” said Brunkow.

“It would be irresponsible of me as a lawyer, in representing my clients, to agree to that without at least seeing it,” said Ruohonen.

Meantime a distraught mother copes with a traumatized child

“Since this, he’s a completely different boy. He lashes out at myself, my mother, but my daughter is the main focus of his aggression,” said the victim’s mom. “I just wish they’d give us the tape to understand what my son went through.”

The boy’s attorney could plead his case before a tribal judge. That judge would then decide if he could have the tape.

The attorney said he’ll do that as a last resort. The casino day care where this happened is now closed.

Red Lake shootings case settles for $1.5 million

Published On: April 30th, 2009

In 2005, 16-year-old Jeff Weise shot and killed 7 people at Red Lake High School before taking his own life. In addition to reaching a $1 million settlement with the school district, the twenty-one plaintiffs, representing survivors and the families of victims, also filed suit against MacNeil Environmental of Burnsville, the firm hired to evaluate and improve security measures on campus prior to the shootings.

Rich Ruohonen represented Steven Cobenais, the most severely injured student, in the suit, which was recently settled for $1.5 million.

Local Story

How do I choose the right attorney?

Published On: April 30th, 2009

When choosing an attorney, you want to make sure that the person you choose has the qualifications and experience necessary to provide you with quality representation in the area of law that your case deals with. An attorney who has never dealt in the legal area involved in your case will likely not be able to provide you with the representation you need to win your case.

To speak with a legal professional about your personal injury case, contact TSR Injury Law at 612-362-0000.

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What is product liability?

Published On: April 30th, 2009

Product liability holds the manufacturer, distributor, or merchant of a product legally liable for injuries or damages resulting from the use of that product. This liability mainly involves defective products that have caused personal injury. Retailers and manufacturers are responsible for distributing safe, quality products.

If you have been injured by a defective product, you may be able to receive compensation for your injuries. To discuss your legal rights and options, contact TSR Injury Law today at 612-362-0000.

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What is premises liability?

Published On: April 30th, 2009

Premises liability refers to a tort liability of land owners or building owners to people who suffer injuries on the premises that they own. In other words, premises liability holds the owner or manager of the property responsible for your injuries sustained on their property. It is the owner’s responsibility to properly maintain their property so that it is a safe environment.

If you have been injured because of the negligent actions of a property owner, you may be in a position to receive compensation for your injuries. To discuss your legal rights and options, contact TSR Injury Law today at 612-362-0000 or submit our free consultation form.

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Can I collect punitive damages for my accident?

Published On: April 30th, 2009

Collecting punitive damages can be very difficult and does not often take place. However, the law does allow accident victims to collect punitive damages in cases where the guilty party acted in a manner that showed a blatant disregard for the lives and safety of others. Most accidents where victims receive punitive damages are drunk driving accidents.

However, even if a situation legally warrants the collecting of punitive damages, they are rarely covered by insurance policies. Nevertheless, with the right legal representation you may be able to collect punitive damages for your accident.

For more information on collecting punitive damages, contact TSR Injury Law today at 612-362-0000 or submit our free consultation form.

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What if the person at fault for my car accident has no insurance?

Published On: April 30th, 2009

If you have been involved in an accident with a person who claims to be uninsured or underinsured, there is no need to panic. The Minnesota personal injury lawyers of TSR Injury Law are here to investigate a number of different ways that you can still receive compensation for your accident. We will help you determine the best course of action.

The first step is to validate the at-fault individual’s claim. If he or she truly is uninsured or underinsured, the we will examine if you are in a position to file a claim against either the car you were driving at the time of the accident or against your own insurance policy.

For more information on getting the compensation you deserve for an accident, contact TSR Injury Law today at 612-362-0000 or submit our free consultation form.

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What does negligence mean?

Published On: April 30th, 2009

Negligence is a term that is used to describe instances where someone behaves irresponsibly or recklessly in a certain situation. When a person fails to act in a situation where action is necessary, or when someone acts carelessly at their job, that person may be guilty of negligence. Under the law, a person or company that acts negligently may be liable for any damages caused.

If you have been injured because of the negligent actions of another person, you may be in a position to receive compensation for your injuries. To discuss your legal rights and options, contact TSR Injury Law today at 612-362-0000 or submit our free consultation form.

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Will I have to go to court?

Published On: April 30th, 2009

Most cases do not actually go to court — at least not for a lengthy trial. The vast majority of cases are settled outside of court before a lawsuit is even filed. Even if a trial is imminent, many lawyers will force mediation or arbitration before a jury is ever selected.

If you would like more information about hiring a lawyer or filing a lawsuit, contact a Minnesota personal injury attorney at 612-362-0000 or submit our free consultation form.

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Why should I file a personal injury lawsuit?

Published On: April 30th, 2009

It is a personal decision whether to file a lawsuit or not. Some people who have grounds for a personal injury lawsuit may choose not to file one. It is always a good idea to check with a personal injury lawyer before ruling out the possibility of filing a claim, though. We can help you value your case and give you an idea of how expensive your medical procedures may be. A lawsuit may also be a deterrent to further negligent behavior. For more information call TSR Injury Law at 612-362-0000 or submit our free consultation form.

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How long do personal injury lawsuits last?

Published On: April 30th, 2009

The duration of a personal injury lawsuit depends on many factors, including:

  • The complexity of the case.
  • The availability of evidence.
  • The number of witnesses called to testify.
  • Whether the decision is appealed.

For more information call 612-362-0000 or submit our free consultation form.

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Can I change attorneys during a case?

Published On: April 30th, 2009

If you would like to change attorneys, first you will need to notify your current attorney that you no longer wish to use his or her services. Once you have notified him or her, you are free to speak to other lawyers about securing their legal counsel.

For more information on choosing a personal injury lawyer, contact TSR Injury Law today at 612-362-0000 or submit our contact form.

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Can I afford a Minnesota personal injury attorney?

Published On: April 30th, 2009

At TSR Injury Law, we understand that money can be tight in the wake of a serious injury. That is why we charge our clients a flat percentage fee based on the compensation they win. If you lose your case, you will not pay us anything — no fee, no charge for our expenses. (Many personal injury law firms go ahead and charge for the expenses incurred on a case that is not won.) For more information, contact us at 612-362-0000 or submit our free consultation form.

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How do you determine fault in a personal injury lawsuit?

Published On: April 30th, 2009

Depending on the type of suit you file, your case will be decided by a jury or a single judge. In either situation, your lawyer will be arguing against the other party’s lawyer. The judge or jury will make a decision based on many different variables, including your behavior, the other party’s behavior, and how avoidable the accident was. To discuss who is at fault in your particular case, contact a TSR Injury Law personal injury attorney at 612-362-0000. If you prefer, you may submit our free consultation form.

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What is my personal injury, car accident, or medical malpractice case worth?

Published On: April 30th, 2009

There are many different variables that can affect the kind of compensation you will receive if you file and win a personal injury lawsuit. The judge or jury will decide who was at fault, how serious the injuries you sustained were, and what kind of compensation would be fair. For information on your specific case, you will need to consult a knowledgeable Minnesota personal injury lawyer. Contact TSR Injury Law today at 612-362-0000 or submit our free consultation form.

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Minnesota Mercury Poisoning Lawyer

Published On: April 30th, 2009

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.

Minnesota Boat Accident Attorney

Published On: April 30th, 2009

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.

Minnesota Premises Liability Lawyer

Published On: April 30th, 2009

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.

Minnesota Camping Safety Attorneys

Published On: April 30th, 2009

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.

The Warning Signs of Nursing Home Abuse

Published On: April 30th, 2009

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.

Minnesota Bicycle Injury Lawyers

Published On: April 30th, 2009

bicyclist-2 Minnesota Bicycle Injury LawyersMore and more people across the country are beginning to use bicycles as their preferred mode of transportation. There are many advantages to doing so, from saving on gas to getting much needed exercise. Unfortunately, this hobby also comes with risks. To increase your safety on the road, please consider the following tips.

Minnesota Bicycle Accident Prevention: Sharing the Road with Drivers

  • When riding your bicycle, keep your eyes open. Many drivers are not used to sharing the road with bicyclists, which means they will not be looking out for you. You may want to avoid bicycling in crowded areas until you have learned how to look around and behind you while maintaining your balance.
  • Do not pass cars on the right. Drivers may turn right without noticing you are there.
  • Obey all traffic laws. They are not just for cars; they apply to all types of vehicle.
  • Do not ride against traffic. Drivers do not expect this and may not see you in time.

Minnesota Bicycle Safety Tips

  • Always wear a helmet when riding your bicycle. This will greatly reduce your chances of suffering a disabling or even fatal bicycle injury if you are in an accident.
  • Do not wear headphones while riding a bicycle. You need to be alert to your surroundings.
  • Use safety equipment for night bicycling. This includes a white light for the front of your bicycle that is visible for at least 500 feet and a reflector light that is visible for at least 300 feet. Some riders also choose to wear reflective vests to maximize their visibility.

Contact a Minnesota Bicycle Accident Injury Lawyer

Even if you follow every safety tip, you can still be injured by a negligent driver. If this has happened to you or a loved one, contact the Minnesota Bicycle Accident Injury Lawyers of TSR Injury Law, at 612-362-0000, to discuss your legal options or submit our contact form.

Spinal Cord Injuries

Published On: April 30th, 2009

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:

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.

Minnesota Cat Bite Lawyer, Attorney

Published On: April 30th, 2009

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.

Minnesota Pharmaceutical Error Attorney

Published On: April 30th, 2009

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.

Minnesota Surgical Malpractice Lawyer

Published On: April 30th, 2009

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.

Minnesota Dog Bite Lawyer

Published On: April 30th, 2009

dog-bite-9 Minnesota Dog Bite LawyerHow to Handle Aggressive Dogs

While dogs are generally thought of as “man’s best friend”, dependable and loyal, it is important to remember that they are animals that live by instinct.

Many dogs have aggressive tendencies that can be a threat to both their owners and other dogs. However, by understanding the causes and signs of aggression in dogs, you can hopefully learn how to control your pet and keep yourself and your family free from attack or injury.

Dominance Aggression

As with many animals, dogs have a natural instinct to be assertive and to dominant. So, that makes it very important to put your dog through obedience training early on (ideally, while it is still a puppy) to reinforce to your dog that you are the dominant creature in that relationship.

Fear Aggression

Many dogs respond aggressively when they feel threatened or afraid. A barking, growling dog may actually be displaying fear aggression.

Territorial Aggression

Dogs instinctively protect what they think is “theirs,” which can include their territory, puppies, or food.

So, don’t get between a dog and something it considers to be its property or territory. If you must, be sure to do so with caution and to do so slowly in order to prevent injury.

Contact a Minnesota Dog Bite Attorney

If you or someone you know has been injured by an aggressive dog, contact the Minnesota dog bite attorneys of TSR Injury Law today at 612-362-0000 to discuss your situation with a legal professional.

Minnesota Personal Injury Lawyers: Elevators

Published On: April 30th, 2009

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.

Minnesota Medical Malpractice Lawyer

Published On: April 30th, 2009

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.

Minnesota Dram Shop Liability Lawyer

Published On: April 30th, 2009

What is Dram Shop Liability?
MADD-logo Minnesota Dram Shop Liability Lawyer
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.

Minnesota Personal Injury Lawyers: Highway Driving Tips

Published On: April 30th, 2009

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.

Minnesota Burn Injury Lawyer

Published On: April 30th, 2009

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.

Minnesota Automobile Accident Lawyer

Published On: April 30th, 2009

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.

Minnesota Premises Liability Lawyers

Published On: April 30th, 2009

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.

Minnesota Premises Liability Lawyer

Published On: April 30th, 2009

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.

Minnesota Medical Malpractice Lawyer

Published On: April 30th, 2009

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.

Minnesota Car Accident Law Firm

Published On: April 30th, 2009

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.

Minnesota Car Accident Attorney

Published On: April 30th, 2009

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.

Minnesota Drunk Driving Accident Attorney

Published On: April 30th, 2009

The Facts about Drunk Driving
MADD-logo Minnesota Drunk Driving Accident Attorney
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.

Minnesota Car Accident Lawyer

Published On: April 30th, 2009

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.

Minnesota Boating Accident Attorney

Published On: April 30th, 2009

What is BWI?
MADD-logo Minnesota Boating Accident Attorney
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

Published On: April 30th, 2009

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

Published On: April 30th, 2009

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.

Safety Tips for Motorcycles

Published On: April 30th, 2009

motorcycle-crash-1 Safety Tips for MotorcyclesMotorcycles 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

Understanding Product Liability

Published On: April 30th, 2009

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.

Playground Injuries

Published On: April 30th, 2009

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.

Avoiding No-Zone Accidents with Trucks

Published On: April 30th, 2009

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.

Choosing a Safe Daycare Facility

Published On: April 30th, 2009

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.

What is TBI?

Published On: April 30th, 2009

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.

Minnesota Personal Injury Lawyers: Proving Negligence

Published On: April 30th, 2009

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.

Minnesota Dog Bite Lawyer

Published On: April 30th, 2009

dog-bite-8 Minnesota Dog Bite LawyerWhile dogs are usually considered to be man’s best friend, it is important to remember that they are animals with animal instincts that can be difficult to understand. Dog attacks and dog bites can be extremely dangerous and damaging.

It is important to act safely around dogs, especially dogs that you do not know, in order to avoid attacks and injuries. By adhering to the following pieces of advice, you can hopefully protect yourself and your family from injuries:

Never approach a dog that you do not know. If an unknown dog approaches you, stand still and extend your hand for the dog to smell so that it can familiarize itself with you.

  • Avoid making quick and sudden movements around dogs, as they may mistake it as a sign of aggression.
  • Never disrupt a dog when it is eating or sleeping. Dogs interrupted in these activities are likely to become defensive and act aggressively.
  • Do not attempt to separate a puppy from its mother.
  • Do not play too aggressively with dogs, as this will only encourage overly active and aggressive behavior.
  • If you are walking with a dog, stay a safe distance away from other dogs. When dogs fight one another, their owners or handlers can often suffer injuries when they attempt to separate the fighting animals.

Contact a Minnesota Personal Injury Lawyer

It is important to act safely around animals at all times. If you or a loved one has been the victim of an animal attack, contact a Minnesota dog bite lawyer of TSR Injury Law at 612-362-0000 to discuss your legal rights and options.

Minnesota Lead Poisoning Lawyer

Published On: April 30th, 2009

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.

Debunking The Top 10 Myths Of Traumatic Brain Injury

Published On: April 30th, 2009

By Richard A. Ruohonen

rich-ruohonen-2 Debunking The Top 10 Myths Of Traumatic Brain InjuryThe 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)

Negligent Dentistry

Published On: April 30th, 2009

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 & Escalators

Published On: April 30th, 2009

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

Published On: April 30th, 2009

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

Published On: April 30th, 2009

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.

Elevator Accidents

Published On: April 30th, 2009

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.

Intentional Torts

Published On: April 30th, 2009

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.



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