Archive for September, 2010

Tennessee Swimming Pool Accidents

Thursday, September 23rd, 2010

Children and adults alike associate summer with staying cool and having fun in swimming pools, but unfortunately, thousands of people suffer injuries in swimming pool accidents each year. Many of these accidents result in serious injuries including spinal chord injuries, traumatic brain injuries and even death. At Nahon, Sahrovich & Trotz, we have the expertise and experience to help you ensure that you or your loved one is compensated properly if he or she is injured in a Tennessee swimming pool accident. NST Law attorneys have been nationally recognized by Super Lawyers, which rates the top 5% of lawyers in the country.

There are many types of swimming pool accidents that lead to catastrophic injuries including those resulting from poorly maintained drains which lead to drowning or poorly designed or constructed pools leading to diving related injuries causing traumatic brain injury or spinal chord injuries. Children are the most common victims of swimming pool accidents with an estimated 350 children drowning each year and another 2600 being treated in near drowning accidents.

A common cause of drowning accidents is poorly designed, manufactured or maintained pool drains. Defective swimming pool drains can cause serious injuries to small children by trapping small children underwater. These defective pool drain accidents have caused children to be seriously injured or killed due to clothing or parts of their bodies being entrapped by the drain. In a correctly functioning pool or spa, the pool pump draws water from the pool through the drain causing suction to be created. When the suction of the pool drain is obstructed, the force of the suction can increase as the pump draws water past the cause of the obstruction. The increased force of the suction can trap a small child or person under water, which often leads to brain damage or drowning from lack of oxygen. There are even instances of children being disemboweled by defective or poorly maintained pool drains.

If the swimming pool accident is the result of faulty products such as a defective pool drain, a heater that explodes or a pump that causes electrocution, the injured party may have a product liability case. A product liability case may be brought against the manufacturer of the faulty product, a component manufacturer or parties involved in marketing the product. Other types of swimming pool accidents that may lead to products liability claims may involve defective life saving equipment, waterslides or flotation devices just to name a few.

Serious swimming pool injuries may also be caused by diving accidents that typically result from poorly designed or constructed swimming pools. The pool may be designed so that the diving board is placed in an area of the pool that is not deep enough. The pool may also appear to be deeper than it is and the depth of the pool may not be sufficiently marked. Diving injuries can result in very serious injuries to the head and neck, which may result in brain injuries, quadriplegia or even drowning.

Another common cause of swimming pool accidents is inadequate maintenance or carelessness. The legal term for such carelessness is negligence and generally describes a failure to exercise the care a reasonably prudent person would exercise under similar circumstances. Swimming pool accidents can occur because a landowner or possessor, which includes tenants as well as property management companies, does not keep the property or equipment in a reasonably safe condition. Young children are the most common victims of such pool accidents so a pool owner or operator has an obligation to take reasonable steps to make the premises safe. Precautions that may be involved to make a swimming pool safe may include the following:

• A fence surrounding the pool

• A gate latch that is beyond the reach of small children

• A pool cover to prevent children from falling in when the pool is not used

• Alarms that sense movement

Many pool accidents are a result of poor maintenance of the premises or equipment. Areas that are not properly maintained around the pool can lead to slip and fall accidents. Other types of maintenance issues that can lead to injuries include damaged life-saving equipment, a loose pool ladder or a broken fence or pool cover. If you or someone you love has been injured or died in a swimming pool accident, the attorneys of NST Law can help guide you through the legal process. The Tennessee premises liability attorneys of NST Law have been representing those injured through the negligence of others for years. Nahon, Saharovich & Trotz is the largest plaintiff’s law firm in Tennessee that helps injured people recover compensation due to someone else’s negligence.

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Dram Shop Liability for Irresponsible Sale of Alcohol Causing Tennessee Auto Accident

Wednesday, September 1st, 2010

Drunk driving claims the lives of almost 12,000 innocent drivers and passengers per year. This amounts to over 30% of all motor vehicle fatalities. This is hardly surprising given that over 26,000 people are arrested for driving under the influence of alcohol in Tennessee each year. Alcohol related accidents typically lead to more serious injuries, which may include traumatic brain injury, paralysis and death. While most would routinely acknowledge the fault of a drunk driver for such serious injuries, many never consider that someone provides the alcohol that eventually contributes to a serious auto accident. Tennessee’s Dram Shop Law is designed to punish those who irresponsibly serve alcohol to those who are obviously intoxicated or under the age of 21. At Nahon, Saharovich & Trotz, we have been representing those seriously injured or killed by drunk drivers throughout the State of Tennessee for over 20 years.

The Tennessee Dram Shop Law is a response to the reality that one in every three accident fatalities involves a drunk driver. The Tennessee Dram Shop law imposes liability on clubs, bars and restaurants if they serve alcohol to someone who is clearly intoxicated or under 21 and that person then causes an accident. Drunken driving car accidents in Tennessee are a serious problem. In a typical year, drunk driving causes 37 percent of traffic fatalities and results in approximately 386 deaths throughout Tennessee. The Dram Shop Law is designed to prevent the tragic consequences of preventable alcohol related accidents by discouraging those who serve alcohol from contributing to Tennessee drunk driving accidents.

Tennessee’s Dram Shop Law imposes liability on a vendor of alcohol if the vendor sales or serves alcohol to someone who they know is underage or to a patron who is obviously intoxicated. The law provides for liability for injury to passengers, passengers or drivers in other vehicles, and even pedestrians. The question of whether a patron was clearly intoxicated is a fact-based inquiry that may require extensive investigation and interviewing of witnesses at the scene. At NST Law, we have been handling alcohol related auto accident cases for over 20 years and know that it is important to gather plenty of evidence to establish that the business knew that the drunk driver was clearly intoxicated. We sometimes will use expert testimony to testify regarding the signs of intoxication that would typically have been apparent based on the amount and type of alcohol consumed.

Tennessee’s Dram Shop Law is designed to protect innocent motorists from drunk drivers. It can be a valuable tool where the drunk driver does not have sufficient insurance to cover the injuries and damages suffered by the victim of a drunk driving accident. Given the serious injuries that frequently result from drunk driving accidents, a drunk driving victim may face enormous financial costs in terms of medical and rehabilitative expenses not to mention compensation for pain and suffering. The Tennessee car accident attorneys of Nahon, Saharovich & Trotz will carefully investigate so that any action is pursued against all potential responsible parties. Strict time limits apply under the statute of limitations which governs when an action for injuries from a drunk driving accident must be initiated so it is important that you seek immediate legal advise. At NST Law, we have been handling serious motor vehicle accident cases throughout the State of Tennessee for over 20 years. NST Law attorneys have been nationally recognized by Super Lawyers, which rates the top 5% of lawyers in the country. Nahon, Saharovich & Trotz is the largest plaintiff’s law firm in Tennessee that helps injured people recover compensation due to someone else’s negligence.

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