Tag Archives: nh attorneys

StarSpangledSM

NH Injury Lawyers Praise Organizations That Make a Difference

NH Injury Lawyers: We’re Proud to Join the Nation’s Soldiers for Justice

There are a lot of extraordinary people and organizations dedicated to protecting the safety and legal rights of Americans. Of course our brave clients who decide to stand up for their rights are the first line of defense in holding corporations and powerful special interests accountable. Then there are those legislators and public servants throughout the nation who hold strong for consumer rights and protections. This month the NH injury lawyers at the Law Office of Manning & Zimmerman, PLLC highlight several national organizations that have stood unfailingly for civil rights and safety for all of us regardless of party or politics.

The 2017 Justice Served Awards honor each of these groups for their commitment to a safer, more just America. Check them out!

 

NH injury lawyers

Located at New York Law School, the Center for Justice & Democracy is the only national consumer organization in the country exclusively dedicated to protecting the civil justice system. It investigates and exposes attacks on judges, juries, injured consumers, and attorneys by powerful corporations and special interests. The Center also raises public awareness and support for the civil justice system and combats the dangerous campaign behind the so-called “tort reform” movement. The Center believes that “America’s civil justice system is one of the only places left in America where individual citizens can successfully challenge powerful industries and institutions and hold them accountable.”

NH injury lawyers

Founded in 1971 and based in Washington, DC, Public Citizen “serves as the people’s voice in the nation’s capital.” The organization champions citizens’ interests before Congress, the executive branch agencies, and the courts. Through its five policy groups – Congress Watch, the Energy Program, Global Trade Watch, the Health Research Group, and the Litigation Group – Public Citizen fights to make sure government works for the American people and not corporate power.

NH injury lawyers

Consumers Union is the policy and action division of Consumer Reports magazine. It works with its activists and alongside subscriber input to pass consumer protection laws in the states and in Congress. It holds dangerous and unsafe corporations accountable and celebrates those who put their consumers first. Consumers Union has helped pass consumer protection laws for healthcare, financial services, the food and agriculture industry, clean energy, the auto industry, and more.

 

NH injury lawyers

The Consumer Federation of America is an association of non-profit consumer organizations established in 1968 to advance the consumer interest through research, advocacy, and education. Nearly 300 diverse state and national advocacy groups participate in the federation and govern it through their representatives on the organization’s Board of Directors.

 

NH injury lawyers

Workplace Fairness is a non-profit organization working to preserve and promote employee rights. It believes that fair treatment of workers is sound public policy and good business practice. Workplace Fairness also supports and creates comprehensive, unbiased information about workers’ rights in order to empower employees everywhere. With this information, Workplace Fairness educates workers and organizations and advocates for fairness through awareness and public policy.

 

NH injury lawyers

Founded by Paul Steiger, former managing editor of the Wall Street JournalProPublica is an independent non-profit newsroom that produces investigative journalism in the public interest. These investigations shine a light on exploitation and work to create positive change. ProPublica is a non-partisan organization that works to adhere to strict standards of journalistic impartiality. It does not ally with any politicians or advocacy groups in order to provide an unbiased look at businesses, government, unions, education systems, healthcare organizations, and the media.

 

NH injury lawyers

The Leapfrog Group is a national non-profit organization focused on improving the quality and safety of American health care. Its Leapfrog Hospital Survey program collects and transparently reports hospital performance, empowering purchasers to find the highest-value care and giving consumers the lifesaving information they need to make informed decisions. The Leapfrog Hospital Safety Grade, Leapfrog’s other main initiative, assigns letter grades to hospitals based on their record of patient safety, helping consumers protect themselves and their families from errors, injuries, accidents, and infections.

 

NH injury lawyers

Safe Kids Worldwide is a global organization dedicated to protecting kids from unintentional injuries, the number one cause of death to children in the United States. Safe Kids does this through research reports, education, and awareness programs and safety focused public policy. Since 1988, the work of Safe Kids has helped reduce the U.S. childhood death rate from unintentional injury by 60 percent.

 

Injured? Contact the NH Personal Injury Lawyers at Manning & Zimmerman

If you or a loved one have been injured through no fault of your own, it is essential that you have competent NH injury lawyers representing you from the onset of your case through litigation.  Big insurance companies have lawyers looking out for their interests and you should too. The experienced NH injury lawyers at the Law Office of Manning & Zimmerman, PLLC are ready to represent you immediately.  Call (603) 624-7200 today for an initial consultation.

To subscribe to our newsletter, click here. We are also on Facebook and you can follow us on Twitter.

Experienced • Knowledgeable • Committed to Justice

new hampshire personal injury

Krista, a New Hampshire personal injury client

Anna was amazing. She took over my case when the original lawyer had parted from the firm. She was fully knowledgeable of my case and really worked hard for me. She always made sure I was aware of what was going on and even made sure I was feeling okay before she settled my case. I had a case going for a while and the firm even sent me birthday cards on my birthday. I had to have surgery and they sent me a get well card. This is a law firm and a lawyer who truly cares about you and not just about the money. I was so nervous about even going through this but she made the process personal and simple to where I felt comfortable and trust worthy of my case. I would hands down recommend her and the law firm to anyone who needs a lawyer and law firm that will fight for you and make you feel like you are the only case they have.

Contact New Hampshire Personal Injury Attorneys for a Free Consultation

If you or a loved one have been injured through no fault of your own, it is essential that you have competent legal representation from the onset of your case through litigation. Big insurance companies have lawyers looking out for their interests and you should too! Attorneys Maureen Manning and Anna Zimmerman have a combined total of more than 50 years representing injury victims and would be glad to speak with you about you case.

For a free consultation, contact the experienced New Hampshire personal injury attorneys at the Law Office of Manning & Zimmerman at (603) 239-2489, complete a request for a consultation on our website, or send us an email.

To subscribe to our newsletter, click here. We are also on Facebook and you can follow us on Twitter.

Experienced, Knowledgeable & Personally Committed to Justice

nh va injury attorneys

Manchester VA Injury Attorneys on Caring for Our Veterans

Details Emerge About Conditions at Manchester VA Hospital

In a July 15, 2017 investigative report by the Spotlight team at the Boston Globe,  details emerged about dysfunction and sub-standard care at the Manchester VA Medical Center. According to the Globe article, “Inside the unassuming red-brick walls of the Manchester medical center is ground zero for an extraordinary rebellion led by doctors who say they have almost no say in how the hospital is run, lack tools to do their jobs, and witness chronic shortcomings in patient care. They say the four top administrators, only one of them a doctor, seem more concerned with performance ratings than in properly treating the roughly 25,000 veterans who go to Manchester for outpatient care and day surgery each year.”

manchester va injury attorneys

Removal of Manchester VA Hospital Administrators

Articles such as these remind us of the duty we owe to our veterans, those who have worn the uniform of the United States service branches and have defended our freedoms. The Secretary of Veterans Affairs was forced to retire in 2014 due to widespread allegations of sub-standard care. According to an article in CNN, left behind following the Secretary’s resignation was “the daunting task of repairing a broken health care system that has left thousands of veterans at risk as they wait for medical care.”

Fortunately some medical providers at the Manchester VA spoke up about conditions at the hospital and contacted members of New Hampshire’s congressional delegation to express their concern. Three years after the CNN article that led to the Secretary of Veterans Affair’s resignation,  the head administrators at New Hampshire’s veterans hospital have been removed in what is being described as a “shake-up” to improve conditions at the health care facility.

The Manchester VA injury attorneys at Manning & Zimmerman Law hope the publication of the Globe article will spur necessary changes to improve the medical care veterans receive at the Manchester VA hospital, but only time will tell. It is imperative that this broken system be repaired for the sake of those who have served in our nation’s military. Our veterans must receive the quality care they deserve and to which they are entitled.

Contact Manchester VA Injury Attorneys for a Free Consultation

If you or a loved one have received sub-standard medical care at a veterans hospital, it is essential that you have competent legal representation from the onset of your case through litigation. You should make sure to hire an attorney who is familiar with the Federal Tort Claims Act (FTCA) as these cases have different procedures and timing requirements than typical medical malpractice claims. Moreover, in FTCA cases attorneys’ fees are limited to 20% or 25% (depending on when the case resolves), so no attorney should be requesting a greater fee from you. At Manning & Zimmerman we have been handling FTCA claims for years, including claims against the VA system.

For a free consultation, contact the Manchester VA injury attorneys at the Law Office of Manning & Zimmerman at (603) 239-2489, complete a request for a consultation on our website, or send us an email.

To subscribe to our newsletter, click here. We are also on Facebook and you can follow us on Twitter.

Experienced, Knowledgeable & Personally Committed to Justice

playground injuries

Playground Injuries Attorneys: Be Safe and Have Fun

Tips to Keep Kids Safe on Playgrounds

playground injuries

According to the Centers for Disease Control (CDC), at least 200,000 children age 14 or younger are treated in emergency rooms each year for playground injuries. More than 10 percent of these are traumatic brain injuries (TBIs), and the rate of TBIs is rising.

Because public playgrounds are numerous and easily accessible, most kids spend their time on these rather than private playgrounds. Thus, the largest percentage of playground injuries take place on public facilities. In fact, it is estimated that seventy-five percent of playground injuries take place on public playgrounds. Monkey bars and climbing equipment are responsible for the highest number of injuries.

But despite the risks, we know kids love playgrounds and benefit from the exercise and social interaction. The good news: Adults can play a key role in keeping kids safe on their favorite playgrounds with these tips and resources:

Keep Your Kids Safe With These Tips

Pedestrian
Here are four top risks that cause playground injuries. Click for full size.
  • Areas underneath the equipment, known as fall surfaces, should be made of soft material such as wood chips, mulch, sand or rubber.
  • Inspect equipment for any piece (especially metal) that may be hot from the sun.
  • Watch for hazards or protrusions like bolts, hooks, stumps or rocks that could trip or cut children.
  • Look for neglected maintenance, such as rusty or broken equipment.
  • Make sure kids wear safe clothing. No loose scarves or hoodies with drawstrings, as these can become a strangulation hazard if entangled with equipment. Shoes should be comfortable for play and protect feet, like sneakers. Tie long hair back as well.
  • Make sure there are strong and sturdy guardrails to prevent falls.
  • Your children should be using age-appropriate equipment. Read all playground signs for warnings and instructions.
  • Most importantly, the best way to prevent injuries is parental supervision. Talk to your kids about appropriate playground behavior before you visit the playground and watch them while you’re there.

More Resources for Safe Playgrounds

To ensure your local playground is safe, the National Recreation and Parks Association has a network of Certified Playground Safety Inspectors (CPSI). The CPSI certification program provides comprehensive and up-to-date training on playground safety issues, including hazard identification, equipment specifications, surfacing requirements and risk management methods. To find your local CPSI, click here.

A thorough playground safety checklist and ranking tool, created by the National Program for Playground Safety, can be found here. If you see safety hazards or poorly maintained equipment, reach out to the owner as soon as possible. In most cases, this will be a school or park district.

Keeping our kids safe while out on the playground is an issue we can all get behind, and one that benefits the community as a whole. So let’s all get out there and have some fun!

Contact NH Playground Injuries Attorneys

If your child has been negligently injured on a playground, it is essential that you have competent legal representation from the onset of your case through litigation.  Big insurance companies have lawyers looking out for their interests and you should too! The New Hampshire playground injuries attorneys at the Law Office of Manning & Zimmerman, PLLC offer free initial consultations for NH injury victims. Call us at (603) 239-2489, complete a request for a consultation on our website, or send us an email.

To subscribe to our newsletter, click here. We are also on Facebook and you can follow us on Twitter.

Experienced, Knowledgeable & Personally Committed to Justice

Do I Still Have a Personal Injury Claim If I Am at Fault Too?

The most common questions we receive in a personal injury claim are “How do I prove my case?” and “What is my case worth?” Which party is at fault determines what financial recovery you have a right to in any personal injury case. New Hampshire follows a comparative fault system. That is, the amount of liability of all parties involved in a case and the amount of the plaintiff’s financial recovery is determined by the degree of fault of each party.

Determination of Fault

Comparative fault law seeks to determine which party is, more or less, at fault for your injuries. During settlement negotiations or in a lawsuit, it is not unusual for the defendant(s) to allege that the plaintiff is partly or completely at fault for any injuries they may have suffered.

personal injury claim

Calculating Damages

Say you are walking through a grocery store talking on your cell phone and you slip and fall on a wet floor because it was not properly cleaned. In this situation, a possible outcome could be some liability by the store because of their failure to clean up the wet floor or to properly warn that it was unsafe. However, if it can be proven that you were not paying attention because you were talking on your cell phone when you fell, the percentage of the store’s liability could be reduced.

In this case, if the store was found to be 80% at fault and you were found to be 20% at fault, any financial settlement or award would be reduced by 20%. Therefore, if a jury awards you $100,000, the amount would be reduced by $20,000. However, if you were found to be more than 50% at fault, the law does not allow for you to recover for your injuries.

Preserving Evidence of Liability in Your Personal Injury Claim

There are many things you can do to preserve the evidence in your case. This is true whether you are in settlement negotiations, a jury trial, or arbitration.

Photograph the accident scene

If you are able, take as many photographs as possible of the crash scene from different angles. In a NH car accident case, take pictures of where the vehicles came to rest and the damages to all the vehicles involved in the crash. Also photograph property damages, skid marks, and grooves in the road or dirt. If you fell in a supermarket from liquid on the floor, take a picture of the area, especially if there were no warning signs in place. If you were injured from a defective product, take a picture of the product and the product packaging.

Obtain police or incident reports

If you reported the accident to the police or business owner, a report should have been generated. Obtain a copy of that report. The police report should include a description of the crash, identification of the parties involved, and any witnesses. It should also include witness statements, a diagram of the crash if necessary, whether any party was transported to a medical facility, and the police officer’s investigative findings. An incident report from the business owner should include your description of the accident. Be sure to include any complaints of injuries, along with the incident date, time and location. Some incident reports may also include an employee’s own investigation, such as confirming whether liquid was present.

Obtain any video-recordings or photographs

Witnesses may have photographed or video-recorded the accident or incident. Traffic cameras or security cameras may have also recorded the accident. Seek a copy of the video recording or photographs or have an attorney demand preservation of that evidence. This must be done as soon as possible since witnesses may delete any evidence they may have. Video recordings may be erased from traffic or security cameras that are usually set in a loop, so after a specified amount of time, the recording would be recorded over by more current data.

Obtain witness information

If possible, ask for the full name, address and telephone number of all witnesses.

Contact a New Hampshire Injury Attorney to Discuss Your Personal Injury Claim

If you were partly at fault for an accident that caused your injuries, speak to the experienced New Hampshire personal injury attorneys at the Law Office of Manning & Zimmerman, PLLC to discuss your personal injury claim.  It is essential that you have competent legal representation from the onset of your case through litigation.  Big insurance companies have lawyers looking out for their interests and you should too. Call (603) 239-2489 today for a free initial consultation.

To subscribe to our newsletter, click here. We are also on Facebook and you can follow us on Twitter.

Experienced, Knowledgeable & Personally Committed to Justice

 

new hampshire personal injury attorneys

New Hampshire Personal Injury Attorneys Selected a “Best Law Firm”

The New Hampshire personal injury attorneys at the Law Office of Manning & Zimmerman, PLLC new hampshire personal injury attorneys are honored to have been selected a “Best Law Firm” by U.S. News & World Report for 2017. Rankings for this recognition “are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.”

Experienced New Hampshire Personal Injury Attorneys

Attorneys Maureen Raiche Manning and Anna Goulet Zimmerman have a combined 50 years of experience representing those who have been injured through no fault of their own. They are joined in the practice of law by associate attorney Michaila Oliveira who handles divorce and family law cases at the firm.

There are no up-front costs for our services. All personal injury cases are handled on a contingency basis, meaning that we are only paid for our services if we successfully recover damages from the responsible party. For a free consultation, call (603) 239-2315, email us at info@manningzimmermanlaw.com, or use the “contact us” form or chat feature on our website.

To subscribe to our newsletter, click here. We are also on Facebook and you can follow us on Twitter.

New Hampshire motor vehicle accident attorneys

Initial Medical Treatment Following a New Hampshire Motor Vehicle Accident

According to New Hampshire motor vehicle accident statistics compiled by the National Safety Council and the National Highway Transportation Safety Administration, despite the fact that there are an increasing number of safety features in automobiles, the number of car and truck crashes causing serious injuries continue to rise.

Following a New Hampshire motor vehicle accident, you will most likely be asked by paramedics and first responders at the scene how you are feeling and if you wish to be taken to the hospital.

Although you may not be feeling severe pain following a crash, it is still a good idea to be examined by the emergency medical technicians (EMTs) and consider immediately going to an emergency room (ER) or urgent care facility. Particularly with soft tissue neck, back, and shoulder injuries, the onset of pain and symptoms may not occur until days or even weeks following an accident.

This article will explore some treatment options you should consider following a New Hampshire motor vehicle accident and the way insurance companies will likely view these treatment decisions.

Emergency Room Care and Treatment

Immediately following a crash, it is important that you seek medical treatment at a hospital or urgent care center if you are injured – and that you not drive yourself. You are typically better off traveling in an ambulance or having a friend or family member come to the accident scene and take you to the hospital.

If an insurance company learns that you did not seek treatment immediately following a New Hampshire motor vehicle accident, it will negatively affect the way they value your personal injury case. The same is true if you drive yourself to an ER for treatment. Rightly or wrongly, insurance adjusters believe that if you did not seek immediate treatment following a crash, or if you were “well enough” to drive yourself to a hospital, then you must not have been injured all that badly.

Your best bet is to seek ER treatment immediately following a crash if you feel you have been injured, even if you don’t feel intense pain or don’t believe that you have been injured seriously. Unless you have emergency medical training, it is better to be safe than sorry.

Emergency Room Doctors and Other Personnel

Ordinarily, EMTs and ER personnel will ask where you feel pain upon examination. Be sure to answer their questions completely and be thorough in describing your complaints and symptoms. ER physicians and nurses typically dictate a report which is then reduced to writing. These ER reports, along with all imaging studies (such as x-rays and MRI’s taken) and medical treatment reports , are forwarded to the defendant’s insurance company for consideration. Be as thorough and specific as possible when describing the nature and extent of your symptoms to EMTs, ER personnel, and physicians.

Prior to leaving the ER, the doctor will provide you with discharge instructions for treating your medical condition (such as taking medication on an as-needed basis or doing home exercises). The ER doctor may also recommend that you follow up with your primary care doctor – or with a specialist or physical therapist – as soon as possible. When a physician makes those kinds of recommendations, it is essential that you follow through. Failing to do so can have negative ramifications on your personal injury case (at least in the eyes of an insurance company adjuster) and can severely affect your recovery. You should fully comply with any discharge instructions provided by an ER physician prior to your discharge.

Getting Home from the Emergency Room

If you have been injured and it is not safe for you to be driving, it is important that you avoid driving yourself home from the ER following your examination and treatment. Again, from an insurance adjuster’s perspective, driving home from an initial ER visit (or to/from any medical or physical therapy appointment following an accident) raises questions as to the seriousness of the injuries you’re claiming to have sustained. Following a car crash, if you have been injured and need to rely on others for transportation to and from medical appointments, then you should do so. It is important to limit your activities and give your body (and mind) time to rest and get better.

You may want to keep a journal of your activities in the days following your crash. At a deposition or trial, you may be asked what you were able to do and not do as a result of your injuries. Whether you were home due to your injuries, as opposed to being able to get right back into your regular routine, will be important information.

Conclusion

Initial medical treatment following a New Hampshire motor vehicle accident can be stressful and painful. The best thing you can do is surround yourself with a support system of dependable family and friends you can rely on for transportation to/from medical appointments, and for necessary daily care, as you begin the injury recovery process. The last things you want to worry about during this initial treatment period are legal filings and deadlines. That’s where the experienced personal injury attorneys at the Law Office of Manning & Zimmerman, PLLC will be of assistance to you.

Contact the New Hampshire Motor Vehicle Accident Lawyers at Manning & Zimmerman

If you have been injured through no fault of your own, contact the New Hampshire motor vehicle accident lawyers at the Law Office of Manning & Zimmerman, PLLC. There are no up-front costs for our services. All personal injury and workers’ compensation cases are handled on a contingency basis, meaning that we are only paid for our services if we successfully recover damages from the responsible party. For a free consultation, call (603) 624-7200, email us at info@manningzimmermanlaw.com, or contact us by using the “contact us” form or chat feature on our website.

nh injury attorneys

NH Injury Attorneys: Holiday Fire Facts

NH injury attorneys offer holiday season fire information

 

Holiday fire facts

According to the National Safety Council, fires started by Christmas trees and holiday lights damage more than 400 homes and cause more than 20 deaths each season. While fire danger may be more prevalent during the holidays, there are steps you can take to reduce the risk to you, your family, and your home.

Lighting solutions
According to the Red Cross, more candles start fires over the holidays than at any other time of year. Lit candles near trees, holiday decorations, and window curtains pose a major fire hazard. It’s easy for pets or children to knock a tree over or for an unstable tree to tip over on its own. If you have lit candles near your tree, invest in a good stand and make sure to extinguish all candles throughout your home before going to bed. A safer choice would be to use an electric substitute such as LED lights instead of live candles.

Artificial trees
Flame retardant artificial Christmas trees are the most effective fire resistant trees and are an excellent alternative to live Christmas trees. They look real and require little maintenance, while a live tree can dry out and become combustible. If you or your family have a live tree, one with supple, flexible needles is desirable. Also, the NH injury attorneys at the Law Office of Manning & Zimmerman urge you to keep the tree watered while it is on display.

Kitchen stove-tops
The second most likely place for fires to start over the holidays is the kitchen stove-top. According to the Red Cross, potholders, hand towels, wooden bowls, paper plates, paper bags, food boxes, and even nearby curtains have started on fire in the past. Removing combustible items from the stove-top eliminates the possibility of fire. Fires start in microwave ovens when metal objects are placed inside by mistake, even during defrosting. Check any food destined for the microwave for metal ties or skewers.

Inspect electrical cords
The National Safety Council and the Red Cross suggest that people inspect the Christmas lights, or other electrical decorations that go up around the house, for wear and tear. Repair frayed electrical wires, and if a repair is impossible, consider throwing the decoration away or displaying it without plugging it in. The adults in the household should take responsibility for extinguishing candles and turning off Christmas lights before going to bed.

Check smoke alarms
More importantly, smoke alarms are an effective weapon to fight holiday fires. With working smoke alarms, the chances of surviving a fire are greatly enhanced. With the increased incidence of home fires during this time of year, it is a good idea check smoke alarms and replace dead batteries. It is recommended to test smoke alarms once a month as a routine. Give yourself a holiday gift of a working smoke alarm.

Contact Experienced NH Injury Attorneys
If you or a loved one have been injured through no fault of your own, contact the New Hampshire injury attorneys at the Law Office of Manning and Zimmerman, PLLC. There are no up-front costs for our services. All personal injury and workers’ compensation cases are handled on a contingency basis, meaning that we are only paid for our services if we successfully recover damages from the responsible party. For a free consultation, call (603) 624-7200 or email us at info@manningzimmermanlaw.com.

Content courtesy of Homestructions

nh attorneys

NH Attorneys: What is “Discovery”?

NH Attorneys: “Discovery” in Injury Claims

You may have heard NH attorneys throw around the word “discovery” or tell you that your case is in the discovery stage. What exactly does this fancy word mean? Discovery is the process by which your attorney and the opposing counsel’s attorney (the “parties”) gather information and evidence about the case to help prepare for trial. Inevitably, the opposing counsel will find out certain facts about your case that you may not have wanted them to know, but the bright side is that your NH attorneys at Manning & Zimmerman will also collect material that will help your case. How is this done? Basically, there are five tools attorneys use to gather this material: interrogatories, requests for disclosure, requests for admissions, requests for production, and depositions.

Interrogatories

Interrogatories are written questions between both parties. These are questions that are tailored to the facts of the individual case. These request tend to be broader than other discovery requests, such as where did the accident occur, what injuries did you sustain, or when did you last have contact with so-and-so. These requests are usually limited in number. The responses to these questions will help the opposing attorney narrow down issues and strategize on how he/she might contest your case trial.

Requests for Disclosure

Requests for disclosure are similar to interrogatories, as they are also written questions. These are usually for specific information that the Courts have determined should be exchanged in civil cases. Examples might include disclosure of any witnesses, experts, or parties with relevant information, the amount of restitution/damages the other party is seeking, and copies of all medical records. This gives the attorney an idea of the opposing counsel’s game plan for trial, which of course allows the attorney to plan and prepare counter-arguments.

Requests for Admissions

Requests for admissions are written questions asking the other party to admit or deny certain allegations or the truth of a specific matter. For example, NH attorneys may ask the other party to admit or deny whether he/she was wearing a seat belt at the time of an accident. These requests simplify for the trial by eliminating matters about which there is no real controversy. The biggest threat with requests for admissions comes when a party does not admit or deny by the deadline to respond to such requests (generally within 30 days of being served). When this happens, the requests are automatically deemed admitted for all purposes! The responding party may state that they neither admit nor deny a request but must give a reason for doing so, such as they do not have proper information to respond or need to make a reasonable inquiry.

Requests for Production

Requests for production are written questions propounded asking a party to produce particular documents or tangible evidence. This may include requests to inspect certain tangible evidence or documents. Any requests must specify which documents or evidence needs to be produced and the place for production. The opposing party has the responsibility to produce such documents/evidence or to make them available. Examples of certain requests would be requesting copies of insurance or indemnity agreements, phone records, health records, etc. There may be possible privacy or confidentiality objections to certain requests depending on whether it is relevant to the case.

Depositions

Depositions are probably the most nerve-wracking of the discovery processes, because it requires the client or witness being deposed to be present. A deposition is a sworn testimony, usually conducted in person or occasionally by video/phone conference. It is much like an interview, where the attorney gets to ask questions. Usually depositions are stenographically recorded and sometimes even videotaped. NH attorneys may request to depose the other party/client or witnesses. This is a useful tool in gathering information. As a client, you may be deposed by opposing counsel. Your attorney will generally meet with you ahead of time to help you understand the process. It is alright to tell opposing counsel that you do not know the answer to a question or to ask for clarification, but you must respond to all questions asked unless your attorney makes an objection. Usually NH attorneys may only make limited objections at depositions, such as based on harassment or privilege.

whiplash

Manchester Injury Attorneys Discuss Amusement Park Accidents

According to the Manchester injury attorneys at the Law Office of Manning & Zimmerman, every year thousands are injured on amusement park rides, including a grave injury suffered by an 11 year-old girl at a carnival, a 10 year-old boy killed on a water slide, three girls injured on a Ferris Wheel, six people treated for electric shock, and a death at a state fair in Ohio in July 2017. From bruises and cuts to serious head trauma, broken bones, and even death, these incidents mar what should be a fun and exciting time. When someone is injured on a ride, they may be able to bring a negligence claim against the park and its employees.  A product liability claim against the ride’s manufacturer may also be brought.

Amusement Park Injury Statistics

According to the Consumer Product Safety Commission (CPSC), approximately 8,800 people sought treatment for injuries sustained on amusement park rides in 2006. An additional 3,600 were injured on inflatables like bounce houses, and another 3,100 were injured on public water slides. Statistics collected by the National Safety Council show that in 2014, the most recent year for which data is available, 1,146 people suffered ride-related injuries, with 111 of those classified as serious.

Types of Amusement Park Injuries

Amusement park injuries are incredibly varied and include:

  • Stroke caused by trauma to neck ligaments
  • Neck, head, and back injuries from being whipped about on bumper cars, roller coasters and spinning rides
  • Traumatic brain injury from G-forces on very fast rides or from objects that become detached and hit the head
  • Drowning on water slides, lazy rivers, and other water rides
  • Brain aneurysms from roller coasters and other fast rides
  • Death from being thrown or falling from a ride
  • Lacerations, torn ligaments, and broken bones

Causes

Injuries at amusement parks are caused by many things. According to the CPSC, the most common causes include:

  • Improper operation of the ride
  • Failure to follow instructions or the intentional misuse of a ride by a passenger
  • Mechanical failure of the ride, including an incident of a failed seatbelt at the Wonderland Amusement Park in Amarillo, Texas
  • Inherent nature of the ride–for example, fast, spinning rides may cause retinal and cerebral hemorrhaging, dizziness, subdural hematoma, or headache

How are Amusement Park Rides Regulated?

According to the Manchester injury attorneys at the Law Office of Manning & Zimmerman, the manner in which amusement park rides are regulated depends on whether they are fixed-site rides, like those at permanent amusement parks, or mobile rides, like those at carnivals and county fairs. The CPSC regulates mobile rides but has no authority over fixed-site rides. This is known as the “roller coaster loophole.” Nearly 30 states conduct safety checks and otherwise regulate fixed-site rides while others rely on third-party inspections and insurance companies. In New Hampshire, amusement ride operators are regulated by the Department of Safety.  An August 14, 2016 article by CNN titled “Amusement Park Safety Under Scrutiny After Week of Accidents” sheds more light on the regulation of amusement parks.

Amusement park safety under scrutiny after week of accidents

Manchester injury attorneys

 

Types of Legal Claims that May Be Available Following Injury by an Amusement Park Ride

If you are injured while enjoying an amusement park ride, you may have several legal claim options at your disposal:

Negligence Claim – To win a negligence claim, your Manchester injury attorneys will discuss with you that you must prove that the defendant was required by law to be reasonably careful but wasn’t, and that you were injured as a result of their carelessness. Amusement parks are responsible for the actions of their employees. If employee negligence caused your injury, you may be able to sue them for either affirmatively doing something, such as providing incorrect instructions to riders, or for failing to do something, such as not posting warning signs about risk factors like high blood pressure, failing to properly maintain the ride, or failing to regularly inspect it.

Product Liability – If your injury occurred because of a defect in the ride itself or one of its components, you may be able to sue the manufacturer of the ride or the maker of the part. To do so successfully, you must be able to prove that the part, equipment or structure of the ride was defective and contributed to your injury.

Defenses Used By Amusement Parks when Responding to Lawsuits

You can expect the amusement park to fight back, regardless of the circumstances. One defense that’s commonly used involves the assumption of risk. This means that by voluntarily riding these rides, you are aware of the risks but choose to do so anyway. In some states, if the park can show that you assumed the risk, you don’t have a case. In others, the assumption of risk–or lack thereof–affects the amount for which you may be compensated for your injuries. For still other states, assumption of risk isn’t considered at all. Amusement parks can’t use this defense. In all states, assumption of risk isn’t a blanket defense.

Disclaimers Printed on Tickets

Patrons have to be made aware of the risks and won’t be in some cases. For instance, if a bolt is loose on a ride, patrons can’t be expected to be aware of the problem. The park might also state that the injured person failed to comply with safety rules by, for instance, disregarding rules regarding age, height, and weight requirements, or by purposely unlatching their belt during a ride. Some parks try to point to disclaimers that are printed on their tickets to avoid liability. This defense rarely works.

Contact Manchester Injury Attorneys

Our civil justice system provides for victims of negligence to recover full, fair and adequate compensation for their injuries. The Manchester injury attorneys at the Law Office of Manning & Zimmerman, PLLC handle cases in all areas of personal injury law, including injuries sustained at amusement parks. We work diligently to ensure that our clients receive compensation for their injuries. There are no up-front costs for our services. All personal injury cases are handled on a contingency basis.  We are only paid for our services if we successfully recover damages from the responsible party. For a free consultation, call (603) 239-2315, email us at info@manningzimmermanlaw.com, or contact us by using the “contact us” form or chat feature on our website.

To subscribe to our newsletter, click here. We are also on Facebook and you can follow us on Twitter.

Experienced. Knowledgeable. Personally Committed to Justice.