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Month: December 2021

Surprising Ways Holiday Gifts Can Hurt You

Written by Brandon Herrera on December 21, 2021. Posted in Deffective Product. No Comments on Surprising Ways Holiday Gifts Can Hurt You

‘Tis the season for gift-giving. People spend time carefully choosing the perfect gift for their family and friends, excited to see their faces when they open them. Sometimes those well-intentioned gifts cause serious injuries to loved ones. No one wants to spend their holiday in the emergency room, but that is exactly what can happen under the right circumstances. Here are some of the ways holiday gifts can hurt you and how to avoid a disaster.

You’ll Shoot Your Eye Out!

Anyone who has ever seen the 1980s holiday classic A Christmas Story knows exactly what those iconic words mean. While it was amusing to watch a fictional Ralphie find out the hard way that his coveted Christmas gift was an accident waiting to happen, such happenstances are not so funny when they happen in real life.

If you buy a loved one a Red Ryder BB gun or any other type of air-powered gun like Ralphie had in that movie, make sure they understand the dangers associated with their gift. Air weapons have evolved since the 1980s, making their penetration power like that of conventional handguns. They can cause serious injuries and should never be given to anyone too irresponsible to handle them safely.

The American Academy of Pediatrics (AAP) said 71 percent of air gun injuries were unintentional and caused an average 3-day hospital stay for injured parties. Of those, at least 66 percent caused permanent injuries. Some of the most common ways air guns and other pellet guns can injure users include:

Eye injuries can cause permanent partial vision loss or blindness. They most frequently happen when air guns backfire and hit the user in the eye. ‘
Skin lacerations and punctures are another common injury with these types of guns. Pellets and BBs can travel at speeds exceeding 200 mph and become embedded in the skin.
Bacterial Infections in areas of the body hit by BBs and pellets, especially when the skin is lacerated.

Removing secure packaging

A surprising number of people injure themselves each year not with the gifts they receive, but with their packaging. Dubbed “wrap rage” by industry experts, it happens when someone has difficulty removing poorly-packaged or overly secure product packaging. To cut down on waste and make products harder to tamper with on the shelves, many manufacturers have optimized their product packaging designs.

It is not the packaging itself that causes the injuries. Rather, it is what people do out of desperation trying to get them open. One of the most popular solutions is to grab boxcutters, a knife, scissors, or another sharp tool to pry the product free. What often ends up happening is an injury that requires a trip to the emergency room for stitches. If you are unlucky enough to sever tendons or ligaments with that sharp object, you might need surgery to repair the damage.

Frustration-free packaging can help prevent these kinds of injuries. If you bought or received a gift that sent you into a fit of wrap rage this holiday season, consider reaching out to the product manufacturer with feedback about your frustrations. If they care about customer satisfaction, they may work with a product packaging engineer to improve the unpackaging experience.

Toys with small parts can pose a choking hazard for little ones.

Choking on toys

Choking on toys has been a risk for as long as children’s toys have existed. Extra vigilance at the holidays is necessary since children receive numerous gifts from well-meaning family and friends who may not realize they have purchased something dangerous. Parents and other adults who buy gifts for little ones should follow product age recommendations to help reduce the risk. Some other guidelines to keep in mind to help keep children safe from choking this holiday season:

Check all toys for loose parts or components that can easily break off and end up in a child’s mouth.
Read warning labels and pay particular attention to any instructions about choking hazards and how to avoid them.
Keep toys that can be a choking hazard away from younger siblings. This can include games with coins, marbles, and small balls.

Don’t be afraid to say no to holiday gifts that can hurt you

Never be afraid to say no to a gift request if you know it will pose a danger to the recipient. The same holds true for gifts you or your family members receive from others. If you do get injured by a faulty product, you have recourse. Reach out to us to learn how we can help.

The Grinch Who Sued on Christmas

Written by Brandon Herrera on December 16, 2021. Posted in Personal Injury Case. No Comments on The Grinch Who Sued on Christmas

There is nothing quite like getting sued on Christmas to make your holidays cheery. Worse yet, ending up in a jail cell can really ruin your festive mood. From slips and falls and food poisoning to drunken driving vehicle accidents, the list of reasons you might get slapped with a personal injury lawsuit is longer than Santa’s naughty or nice list. The period between Christmas and New Year’s can be especially dangerous, with more vehicle accidents occurring because of the increased traffic on the roadways. Here are some of the most common reasons people get injured during the holidays and the steps you can take to reduce the risk.

Slips, trips, and falls

Broken bones, back and spinal cord injuries, and head trauma are among the nasty injuries that can happen when someone slips, trips, or falls on your property. Icy or snow-covered walkways on your premises is a disaster waiting to happen. They are among the most common reasons people get hurt in others’ property. Even when the weather outside is frightful, if you have guests coming to your home for the holidays, clearing the walk and exterior stairs and keeping them salted must be a priority. Walkways and exterior stairs are not the only areas in your home that can cause your guests to trip and fall. Loose carpeting, uneven flooring, and clutter in common areas can all wreak havoc on unsuspecting guests. Make repairs and declutter your home before inviting people over.

Food poisoning

Enjoying a holiday feast with family and friends is a top priority for many during the holidays. Whether you are cooking or having your meal catered, preventing food poisoning must be in the forefront of your mind. Following these tips from the U.S. Centers for Disease Control and Prevention (CDC) can help prevent food poisoning and other foodborne illness.

Cook food thoroughly. Meat, seafood, and eggs carry germs that cause food poisoning when not cooked to a safe internal temperature. Use a food thermometer to check before serving these foods.
Keep foods separated. Meat, seafood, and eggs must be kept separate from all other foods. Raw meat juices never should leak onto other foods, so it is important to keep them in sealed containers. Store eggs in their original carton in the refrigerator to prevent cross-contamination.
Maintain proper temperature. Once food is prepared, keep hot foods hot and cold foods cold. Avoid the danger zone – between 40- and 140-degrees Fahrenheit – when serving food. Refrigerate or freeze any perishable food items within two hours of preparation. Make sure your refrigerator temperature is set at or below 40 degrees F and the freezer is at 0 degrees F or below.
Wash your hands. When working with food – especially raw meat and eggs – you must wash your hands to avoid cross contaminating other food items or surfaces in your home.

Choosing to serve alcohol to your guests can backfire if they cause a DUI traffic crash that causes serious injuries or fatalities.

Serve alcohol responsibly

Winter driving brings many hazards with it. Jackknifed tractor trailers, poor visibility, and slippery roads can all lead to vehicle accidents. Fatal drunken driving crashes always are a persistent holiday threat. According to statistics from the National Highway Traffic Safety Administration (NHTSA), Christmas is no exception. The NHTSA recorded 667 fatal holiday crashes on average each year in a report analyzing DUI crashes between 2010 and 2018. DUI-related accidents accounted for 8 percent of total fatalities during the holidays.

While holiday hosts do not bear responsibility for other people’s poor choices, they can be held liable for serving alcohol at a gathering to a guest who later causes a DUI fatality or crash resulting in serious injuries. If you choose to provide alcoholic beverages to your guests, be prepared to take car keys and call a taxi or Uber, or have the person stay over until they sober up.

Maintain control of your pets

We love our furry family members but must be mindful that not everyone we invite into our homes will share our opinion. Liability claims from dog bites and other dog-related injuries alone cost homeowners insurers $854 million in 2020. Even the most well-mannered pet can become anxious and aggressive under the right circumstances. Noise and confusion combined with strangers in their home can be enough to push some pets over the edge. Homeowners must take appropriate steps to ensure their guests do not end up injured by their pets. If negligent of this duty, you can find yourself on the receiving end of a personal injury lawsuit. Sometimes claimants sue for more than your homeowner’s insurance policy will agree to pay, which can leave you on the hook for the balance.

Have a quiet area set up for your pets so they can retreat from the noise and confusion that accompanies most holiday celebrations. Make sure they have food, water, and a comfortable bed in their calm space so they can relax. Tossing a few favorite toys in the area with them can entertain and soothe them. If your pet is especially anxious being separated from you, place an item of your clothing in the room with them. Check on your pet and reassure them from time to time as well.

Avoid getting sued on Christmas

Sometimes the holidays result in a fa-la-la-la-lawsuit. Getting sued on Christmas can happen when you do not take proper precautions before inviting guests onto your property. Even when you take every measure you can think of accidents still sometimes happen. If you have been injured during a holiday celebration due to someone else’s carelessness, you have a right to seek fair compensation for your injuries. The personal injury experts at Cameron & Russell can help. Give us a call at 505-218-7844 or contact us online to schedule your free case evaluation.

Tis the Season for Slip and Falls

Written by Brandon Herrera on December 6, 2021. Posted in Uncategorized. No Comments on Tis the Season for Slip and Falls

Ho, ho, ho and a merry slipmas to you! Slips and falls can be a hazard any time of the year. Extra diligence is required during the month of December in Albuquerque, with declining temperatures that can dip near the freezing mark during the overnights and early mornings. Wet surfaces that already were slippery become even more dangerous in colder temperatures. Streets, sidewalks, and exterior stairways can become covered in ice or snow, making even the shortest trip a potential disaster for pedestrians.

Why do so many people slip and fall in the winter?

Cold, ice, and snow are the trifecta of wintry slip-and-falls. Unintentional falling is the leading cause of nonfatal injury in the U.S. among all age groups except those aged 10-24, according to the U.S. Center for Disease Control and Prevention’s National Center for Health Statistics.

The cold weather does not just make surfaces more slippery than usual. It encourages people to move more quickly to get in out of the cold weather. Walking briskly (or even breaking into a light jog) is not the best approach to winter weather in Albuquerque. Moving faster might get you nothing but flat on your back on a sidewalk or the bottom of the stairs during the winter months.

Lastly, people do not always dress appropriately for the slicker surfaces. Wearing dress shoes for the office can be a big mistake on snowy or colder days when wet surfaces might freeze.

Bone fractures are a common slip-and-fall injury in the wintertime.

What types of injuries can happen from winter slips and falls?

Slips and falls are dangerous no matter the time of year they occur. Injuries can range between mild and severe, with some requiring an immediate trip to the nearest emergency room for treatment. Here are some of the most common types of injuries that can happen from wintertime slips and falls.

Concussions
Hitting your head is always a risk anytime you fall. Concussions – a type of brain injury caused by a bump, blow, or jolt to the head – are among the most serious injuries you can get from a slip and fall accident. Some of the warning signs you have suffered a head injury that caused a concussion include balance issues, confusion, dizziness, double or blurry vision, forgetfulness, headache or head pressure, and sensitivity to light and sound.
Fractures
A partial or complete break in the bone is called a fracture. Wrists and ankles are common victims of wintertime slips and falls. Some of the common signs of a bone fracture include bruising, pain around the affected area, and swelling. Other tell-tale warnings being unable to move the injured area or put weight on it.
Sprains and strains
When a part of a ligament is torn or stretched, it causes a sprain. Twisting your ankle while walking too quickly on an icy surface can cause a sprain. Strains happen when muscles near the band of tissue that attaches the muscle to the bone becomes injured. Some signs of a strain or sprain include bruising, limited movement in the affected area, pain, and swelling.

Fatal slip and falls can happen under the right circumstances. Slipping on an icy sidewalk and falling into moving traffic or hitting your head can increase your chances of dying from a wintertime slip or fall.

Tips to prevent wintertime slips and falls for property owners

Property owners are liable for any injuries that occur on their premises. This includes slips and falls on icy or snowy sidewalks, stairs, and other surfaces. One of the most important steps property owners can take is to have a snow and ice removal plan in place for sidewalks, stairways, parking areas, and around any other public exterior spaces.

Other steps property owners can take:

Check gutters and downspouts to ensure they do not empty onto walkways or parking areas. Puddles can easily freeze in the right temperatures, creating a slipping hazard.
Maintain adequate lighting in exterior areas to help visitors more easily identify problem spots. Commercial LED lighting is the best bet for providing ample illumination without running up your electric bill.
Quickly clean up exterior spills. Just like dripping water from downspouts and gutters can create an icy mess, so can other liquid spills that are left unattended.

Slip avoidance tips for individuals

The onus to stay slip-and-fall free during the winter months is not only on property owners. You have a duty to ensure you are doing everything you can to protect yourself while out and about. Here are some things you can do to stay steady on your feet out there.

Avoid obvious slippery surfaces, including ice and snow-covered sidewalks and stairways.
Beware of changes in walking surfaces and proceed with caution during inclement weather.
Clean your shoes upon entering a building because caked snow can create slippery, wet floors for you and others.
Use handrails on stairways and walkways when provided.
Wear appropriate, slip-resistant footwear (boots with ridged or textured soles work best).
Walk slowly and as flat-footed as possible.

Seeking compensation for slip and fall injuries

New Mexico leads the nation in deaths and unintentional injuries suffered during slip and fall accidents. The Law Offices of Cameron & Russell help victims pursue fair compensation for slip-and-fall injuries that happen during the winter months or any time of the year. Schedule a free consultation with our skilled team of personal injury lawyers by calling 505-218-7844 or contacting us online.