Tag Archives: nh personal injury attorneys

Empty Promises and Insincere Apologies

NH Injury Attorneys Identify Bad Corporate Conduct in the Age of “Sorry, Not Sorry”

Think back for a second on 2018. How many companies or institutions do you remember publicly apologizing for inappropriate, malicious or dangerous behavior? The NH injury attorneys at Manning & Zimmerman Law suggest that you will probably run out of fingers trying to count them all.

Household names like United Airlines, Wells Fargo, Uber and Papa John’s are just a few of those that asked millions of Americans for forgiveness after getting caught committing major malfeasance. But once the cameras stopped rolling and the news media hoard moved on, did those apologies really mean anything?

Not really, according to The Worst Corporate Conduct of 2018, a shattering new report from the American Association for Justice (AAJ). In fact, these apologies are increasingly part of a business strategy to placate Americans with empty platitudes. They then return to business as usual. Examples from the report follow of companies that owe us all a real apology.

debt
Student loan borrowers in the U.S. owe a combined $1.5 trillion in debt

Navient Preys on Debt-Ridden Students

Navient was founded in 2014 as an offshoot of Sallie Mae. It owns 21 percent of all student loans in the United States. It is also the third-largest student loan provider in the country. In just five years since its inception, Navient has garnered three times as many complaints as its competitors. Just a few include:

  • Reporting severely and/or permanently disabled veterans as having defaulted on their loans when in fact they had had them forgiven through federal disability programs.
  • Sending out $0 due bills for months that were paid in advance, but then penalizing those borrowers for “failure to pay” when payments weren’t paid anyhow.
  • Going after the families of deceased borrowers despite promises these loans would be forgiven, even charging interest in some cases.
nh injury attorneys
State Farm settled a RICO lawsuit before it went to trial

State Farm Buys Sympathetic Judge

In 1999, a lower court found that State Farm advised auto shops to repair policyholder cars with lower-quality, after-market parts. When the $1.06 billion verdict was affirmed by a court in 2001, the insurer appealed to the Illinois Supreme Court. Meanwhile, millions in contributions were funneling into the successful campaign of Lloyd Karmeier, a candidate for Chief Justice. Once on the bench, Karmeier cast the deciding vote to absolve State Farm from accountability.

Years later, an investigation by a former FBI agent revealed that State Farm had secretly helped fund 90 percent of Karmeier’s $4.8 million campaign war chest. Caught red-handed, State Farm eventually settled a $250 million Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit just before the case was set to go to trial in September 2018.

Major oil companies knew the threat of fossil fuels to climate 30 years ago.

Oil Companies Ignore Own Warnings of Damage to Climate

In January of 2018, New York City sued the world’s five largest publicly traded oil companies – BP, Chevron, ConocoPhillips, ExxonMobil and Royal Dutch Shell – claiming that the companies together were responsible for 11 percent of the world’s global warming gases. The suit also alleges that these companies have long known about the damage fossil fuels would cause through climate change.

Recently uncovered internal documents from the 1980s and ’90s reveal that Shell researchers believed global warming would “create significant changes in sea level, ocean currents, precipitation patterns, regional temperature and weather.” Company scientists at Exxon also led research on the subject in the 1980s. They predicted the same devastating effects to the environment, future living standards and food supplies.

The Great Equalizer – The American Civil Justice System

Other corporations profiled in the 2018 Worst Corporate Conduct report include Takata and General Motors, Nestle, Theranos and Michigan State University/USA Gymnastics. Again, you can download the complete report here. Many federal and state regulators are pulling back from the job of corporate watchdog. It’s more important than ever that we protect the constitutional role of our civil justice system. It empowers any American to hold these bad actors accountable.

“Consumers don’t want apologies,” conclude the AAJ researchers. “They want to be safe from deception and negligence, from cars that can kill them, from exploitation by financial companies; they want to enjoy something as simple as chocolate without subsidizing the slave trade; and they want to be able to trust their children to coaches and doctors who are supposed to have their best interests at heart without fear that they may face sexual harassment or abuse.”

Contact Experienced NH Injury Attorneys for a Free Consultation

Have you or a loved one been injured by another person’s careless acts? If so, 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!

For a free consultation, contact the NH injury attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 671-3156, by email at info@MZLawNH.com, or by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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Truck Crashes

Due to their size and weight, trucks can cause serious damage and result in fatalities if involved in a crash.

According to data released by the National Highway Traffic Safety Administration (NHTSA), 4,317 fatalities occurred in 2016 involving large trucks. This is 5.4% higher when compared to 2015 and is the highest level of large truck crash deaths since 2007.  

Trucks vary in weight, size, and utility purposes. As a result, these vehicles can cause different extents of damage when involved in a truck crash. Below are statistics specifically related to the type of truck involved in a crash.

New Hampshire Truck Crash Attorney

SEMI & HEAVY TRUCKING CRASH STATISTICS

  • Of the 15.5 million trucks in the U.S., nearly 13 percent are big rigs, tractor trailers, and semis
  • About 98 percent of all semi accidents result in at least one fatality
  • Tractor trailer crashes cost more than $20 billion each year. Of this amount, $13.1 billion is associated with loss of quality of life
  • For every 100 million miles driven on U.S. roads, there are 2.3 deaths and 60.5 injuries caused by big rigs

COMMERCIAL TRUCK CRASH STATISTICS

  • The average cost of a commercial truck crash is about $59,150
  • Nearly 90 percent of commercial truck crashes are caused or worsened by some sort of human error. This is either on behalf of a truck driver, other drivers, other vehicle passengers, cyclists, or pedestrians
  • About 75 percent of commercial truck crashes are caused by drivers of other smaller passenger vehicles, rather than truck drivers
  • Driver fatigue is responsible for roughly 30 percent of all commercial truck crashes

TRUCK CRASH INJURY STATISTICS

  • About 130,000 individuals are injured each year in truck collisions
  • About 22 percent of all truck crashes result in injuries
  • In most truck crashes (about 70 percent), there are no injuries or deaths – only property damage

IN THE NEWS

The most recent tragic truck crash was the loss of 16 Canadian junior hockey players. On April 6, 2018, these players were killed and others injured when a trailer truck struck their bus. The driver of the semi-truck failed to yield at the flashing stop signal, colliding with the bus carrying the team. Police charged the driver of the semi-trailer with 16 counts of dangerous operation of a motor vehicle.

The driver had only one year experience driving trucks and two weeks in the vehicle involved in the crash. He had only been driving the vehicle on his own for two weeks when the crash occurred. In October 2018, Sukhinder Singh, the owner of the trucking company, was charged with violating federal and provincial safety regulations.

Contact a Truck Crash Attorney

The loss of these individuals hit the US, Canada, and the hockey world very hard. The New Hampshire truck crash attorneys at Manning and Zimmerman Law have more than 50 years representing injured clients. Our office helps those in need of representation in injury cases. For a free consultation, call us at (603) 624-7200.

https://youtu.be/BEv0i3SYpjM

NH Injury Attorneys Discuss Rise in Elder Abuse

As U.S. Population Ages, Reports of Nursing Home Abuse on the Rise

National data on cases of elder abuse in America’s 15,600-plus nursing homes and other elder-care programs is hard to come by. But several recent studies by government investigators, advocacy groups and the news media have chilling implications.

Elder Abuse
Protect the elderly in your life by learning the signs of elder abuse

According to the National Ombudsman Reporting System (NORS), 14,258 (7.6 percent) of approximately 188,599 complaints reported to state ombudsman programs in 2014 involved abuse, gross neglect or exploitation. Another study of nursing home staff throughout the country found that 36 percent had witnessed at least one incident of physical abuse of an elderly patient in the previous year, 10 percent committed at least one act of physical abuse and 40 percent admitted to committing psychological abuse. It gets worse: A CNN special investigation in February of 2017 found that the federal government cited more than 1,000 nursing homes for mishandling or failing to prevent alleged cases of sexual assault and abuse from 2013 to 2016.

Given that 1.4 million aging adults already live in nursing homes and that the number of Americans 65-plus will double between 2010 to 2050, this issue will only become more pressing.

Keep a Watchful Eye

Nursing Home Abuse
Financial abuse is often overlooked, costing older Americans more than $36 billion a year

Elder abuse can encompass a wide range of behaviors, including physical, mental, emotional, sexual, and financial abuse and neglect. Beyond the physical scars left by abuse, neglect and mistreatment have dangerous effects on the quality of life left to an aging person. Elders who have been abused have a higher risk of early death compared to those who have not been mistreated. If your loved ones are in a nursing home or other elder care program, watch for these warning signs:

  • Broken bones or fractures
  • Bruising, cuts or welts
  • Bedsores
  • Frequent infections
  • Signs of dehydration
  • Mood swings and emotional outbursts or unusual depression
  • Reclusiveness or refusal to speak
  • Refusal to eat or take medications
  • Unexplained weight loss
  • Poor physical appearance or lack of cleanliness
  • Caregivers not wanting patients to be left alone with others
  • Sudden changes in financial situation or missing personal items

Protect Your Most Vulnerable Loved Ones

For a family member or caregiver choosing a care facility, the risk of abuse can be overwhelming and traumatic. The best way to prevent elder abuse is to choose the right care facility, which is not always easy given location or financial constraints. Nevertheless, here are factors to consider:

  • Talk to residents or other patients. Observe their physical well-being and behavior. Also visit with residents’ families if possible, and learn whether they have experienced problems with the facility.
  • Avoid facilities that have restricted access.
  • Meet with key personnel (nurses, aides, social workers, administrators and doctors).
  • Read contracts carefully before signing and look for a forced arbitration clause. The rights of your loved one may be denied even if they are abused. Ask that the forced arbitration clause be removed or consider another facility.
  • Visit frequently. Vary your visits to different times of the day and evening to assess the care provided during the day, night, weekends and holidays.
  • Trust your gut. Pay attention to whether residents appear clean, well fed and free of bruises or other wounds. Also note if the environment is peaceful and feels safe.
  • Document in writing the details about any problems or concerns.
  • Compare facilities. Look up state survey reports here.

Contact NH Elder Abuse Attorneys

Before pursuing  a civil action for institutional elder abuse, it is important to objectively evaluate the facts of the case. The NH Nursing Home Injury Attorneys at the Law Office of Manning & Zimmerman PLLC provide aggressive yet caring legal representation to those whose loved ones have been the victims of NH nursing home abuse. Our goal is to help our clients receive full and fair compensation for their injuries. This includes pain and suffering that has been suffered due to negligent care of the elderly.

If you need help bringing a NH nursing home abuse claim, or have any questions, including needing information about a nursing home requiring the signing of a forced arbitration clause, we are available to help. There are no up-front costs for our services. All NH personal injury cases are handled on a contingency basis. This means that we are only paid for our services if we successfully recover damages from the responsible party. For a free consultation, call (603) 239-2101, email us at info@MZLawNH.com, or contact us by using the “contact us” form or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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manchester truck crash lawyers

Commercial Truck Collisions

Manchester Truck Crash Lawyers Discuss Common Causes of Truck Crashes

Did you know that commercial trucks are six times the length of an average vehicle and nearly 20 times their weight? It seems like every day that we see a story about one of these trucks being involved in a collision. Passenger cars share the roadways with commercial trucks, and when a collision occurs, drivers and their passengers often sustain extensive damages and injuries, sometimes with tragic results.

Driving a truck for a living requires skill, patience, and the ability to react quickly. Commercial vehicles of all sizes need to be aware of their surroundings at all times. Passenger vehicles must also use caution when driving near these vehicles.

The following issues are the most common causes of truck-related collisions:

  • The driver was inadequately trained to operate the vehicle
  • The driver was operating the vehicle for more hours than allowable by law
  • Unrealistic schedules caused the driver to operate the vehicle recklessly
  • The trailer was packed incorrectly, causing the trailer to shift while moving
  • Proper maintenance was not performed on the truck, causing mechanical failure
  • Falling asleep while driving or using medications that make an operator drowsy

manchester truck crash lawyersHowever, it should be noted that these are not the only truck driver related issues that cause serious collisions. The Truck Safety Coalition provides an abundance of information on trucking crashes and is a good resource. The Federal Motor Carrier Safety Administration also provides helpful information.

Contact Experienced Manchester Truck Crash Lawyers for a Free Consultation

Have you or a loved one been injured in a truck-related collision? If so, 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!

For a free consultation, contact the Manchester truck crash lawyers at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 605-0547 or by email at info@MZLawNH.com. We may also be contacted by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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The NH injury attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. You can also follow us on Twitter.

How To Prove That Distracted Driving Caused A Crash

distracted drivingAn allegation that another driver was distracted is not enough to prove that distracted driving caused a car crash. If the police officer suspects that a driver is alcohol-impaired, the officer can have the driver take a breathalyzer test. But how can you prove that the other driver was not giving their full attention to the road and that distraction caused the crash?

We use many ways to prove that the other driver was not paying as close attention to the road as they should have been. They include any of the following:

• Cell phones: Sometimes police will check the cell phones of people who have crashed to see if they had apps open or were talking or texting at the time of the crash. The officer may confiscate the phone as evidence of distracted driving. However, in our experience, this is rare.

• Cell phone records: If the evidence is not on the cell phone, your personal injury lawyer can subpoena the records of the other driver’s cell phone service provider to prove that the driver was not giving the road their full attention. But there must be evidence the driver was using a cell phone first.

• Car data: Many newer cars contain technological advances geared toward safety. Some of these gadgets keep a record of essential safety information, such as how fast the car was going or whether someone was fiddling with the stereo or navigation system controls just before the crash.

• Fellow Passengers: A passenger of the negligent driver may testify that the driver was engaging in distracted driving, especially since the driver’s behavior exposed that passenger to the risk of harm.

• People in other vehicles: Unfortunately, we frequently see drivers in other cars texting and engaging in other dangerous acts while driving. You do not have to be in the car to see this behavior. We can interview drivers and passengers of other vehicles who may have seen the driver from your accident focused on things other than driving.

• Other eyewitnesses: Pedestrians, bicyclists, motorcyclists, and bystanders may have seen the driver driving recklessly before the crash. We do not limit ourselves to asking only drivers and passengers what they saw. Other eyewitnesses can provide compelling testimony.

• Security camera footage: With more closed-circuit television (CCTV) cameras going up all the time, we can trace back the route the driver took to see if there were security cameras that might have captured valuable video evidence of distracted driving. We will contact the owner of the security camera and request the footage to see if it contains useful evidence.

• Crash reconstruction experts: In some cases, we use crash reconstruction experts to prove that the only explanation for the crash was the driver not paying attention to the road.

WHAT CONSTITUTES DISTRACTED DRIVING?

Distracted driving occurs when a driver engages in any behavior that takes their mind off of the road. Distractions can include:

• Texting
• Talking on the phone, even in hands-free mode
• Using apps, such as Facebook, messaging, games, and music apps
• Using the car’s audio system (changing radio stations, etc.)
• Checking email
• Using the car’s navigation system
• Grooming
• Eating
• Talking with passengers in the front or back seat of the vehicle
• Reading – yes, people do read books and other things while driving
• Taking photos or videos

WHO IS MOST LIKELY TO DRIVE DISTRACTED?

Driving while distracted is a common problem for everyone, but statistics suggest that it is a larger problem for some groups than others.

• People stuck in traffic jams: Insurance industry experts suggest that during periods of heavy traffic congestion, people are more likely to use their cell phones to call people, send text messages, and read their emails. And when traffic is congested, people have many opportunities to be distracted. So, when you are stuck in heavy traffic, stay alert to what the drivers around you are doing.

• Teens: According to AAA, teen drivers are the most distraction-impaired drivers on the road. They found that teen drivers are not paying attention to the road about one-quarter of the time. Even when the teen turns their attention back to the road, it takes about 27 seconds for them to be fully engaged in driving. A lot can happen in 27 seconds. A car traveling 65 miles an hour will travel more than 2,500 feet in 27 seconds, a distance of more than eight football fields!

Pro Tip: Get as much information as possible on the scene of the crash. Witnesses who were not involved in the crash can
often be critical and are most often lost because people don’t make sure to get their names and contact information.

Contact Experienced New Hampshire Attorneys for Your Distracted Driving Injury Case

Have you or a loved one been injured by another person who was engaged in distracted driving? If so, 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!

For a free consultation, contact the Manchester injury attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 239-2315 or by email at info@MZLawNH.com. We may also be contacted by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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Dog Bites Can Be Prevented With Better Education

Manchester dog bite lawyersDogs, we love them! They are many times our closest companions and considered one of the family. Many of us at Manning & Zimmerman Law are dog owners – and dog lovers! But any dog can be territorial and unpredictable when it feels threatened or when defending puppies, owners or food. “Our dog has never bitten anyone before” is a common refrain heard by those responding to dog bite situations.

The numbers tell the story. More than 4.5 million people are bitten each year in the United States. According to the American Veterinary Medical Association (AVMA), one in five require medical attention. Half of the victims are children and are far more likely to be injured. The Insurance Information Institute also reports that the number of dog bite claims is on the rise, accounting for more than one-third of all homeowners insurance claims paid in 2013, or $483.7 million nationwide.

How to Avoid a
Dog Bite

First of all, assume any dog can bite, not just breeds often thought to be more aggressive. Always be cautious around strange dogs, respecting their space especially when sleeping, eating or chewing on a toy.  Other important tips:

    • Never leave a baby or small child alone with a dog. Teach them to be cautious around pets and ask first before approaching a dog.
    • Pay attention to a dog’s body language, looking for cues that it might be uncomfortable like a tensed body, stiff tail, pulled-back head or ears, yawning and intense staring.
    • If it looks like a dog might attack, resist the impulse to scream or run away. Stay motionless with your hands at your side. Once the dog loses interest, slowly back away.
    • If the dog does attack, “feed” it your jacket, hat, purse or anything else you can put between you and the dog. If you fall, curl into a ball and lay as still as possible with your hands over your head and neck.
    • After a dog bite, immediately wash the wound with soap and warm water. Seek medical attention as soon as possible and then report the bite to your local animal control agency.

For more information, download this brochure from the AVMA.

Be a Responsible Dog Owner

According to the Manchester dog bite lawyers at Manning & Zimmerman Law, there is a lot you can do as an owner to ensure that your dog doesn’t bite anyone. Not only is it the right thing to do, but it is also your obligation under state and local law. Start by consulting a veterinarian on suitable dogs for your household. Then consider these tips:

    • Because so many dog bites happen to young children, you might want to wait until your children are 4 years old or older before bringing home a dog.
    • Socialize your pet as a puppy so it feels at ease around people and other animals.
    • Train your dog on basic commands like “sit,” “stay,” “no” and “come” to build a bond of obedience and trust. It is also important to exercise and spend time with your dog as dogs left alone too much can develop behavioral problems.
    • Keep your dog healthy and feeling well with all required vaccinations. Neutering your pet can also lessen aggression.
    • Follow the rules by licensing your dog and obeying leash laws.

Contact Experienced Manchester Dog Bite Lawyers for a Free Consultation

If you or a loved one have suffered a dog bite, contact the Manchester dog bite lawyers at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 210-4464, by email at info@MZLawNH.com, or by using the “contact us” or chat feature on our website.

If you or a loved one have been injured by another person’s careless acts, 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 Manchester dog bite lawyers at Manning & Zimmerman Law invite you to subscribe to our newsletter. We are also on Facebook and you can follow us on Twitter.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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Manchester Law Firm Discusses Road Safety for Teens

Distractions, Inexperience and Risky Behavior Spell Trouble

According to the Manchester law firm of Manning & Zimmerman, the Centers for Disease Control (CDC) have reported that motor vehicle crashes are the leading cause of death for teens. It is estimated that on average, six teenagers die every day in the United States from a car crash. As teens head back to school, you should know how to keep them, and others, safe.

Manchester law firm
Teens who text and drive are outside of
their lane about 10 percent of the time.

The Stats

The Manchester law firm of Manning & Zimmerman knows that a teen driver on the road is more likely to cause a car crash than any other driver. Per mile driven, teen drivers ages 16 to 19 are nearly three times more likely than drivers aged 20 and older to be in a fatal crash. Young men are two times more likely to get in a crash than young women.

If your teen driver has recently received his or her license, inexperience can spell disaster out on the road.  According to the Insurance Institute for Highway Safety, teen drivers ages 16 to 17 are twice as likely to get in a car crash compared to teen drivers ages 18 to 19.

Teens are also less likely to practice safe driving behavior, such as using seat belts or maintaining a safe following distance. In 2015, only 61 percent of high school students reported they always wear seat belts when riding with someone else.  [Download report.]

The Risks

Teens are also much more likely to drive distracted. Drivers under the age of 20 have the highest proportion of distraction-related crashes. Carpooling seems like a convenient way to get to school, but teens riding with other teen drivers increase the risk of distraction with every additional teen passenger. Here are all eight of the CDC danger zones most often linked to teen crashes:

1.  Driver Inexperience
2.  Driving with Teen Passengers
3.  Nighttime Driving
4.  Not Using Seat Belts
5.  Distracted Driving
6.  Drowsy Driving
7.  Reckless Driving
8.  Impaired Driving

The Parents

Manchester law firm

So what can parents do to prevent teen driving tragedies?

  • Most important, lead by example. Forty-eight percent of young drivers have seen their parents talking on a cell phone while driving, and 15 percent of those have seen their parents texting while driving. Show your kids how to drive responsibly by driving distraction free, wearing your seat belt, and following all speed limits and traffic laws.
  • Set limits. Multiple teen passengers and late-night driving lead to more crashes. Limit the number of passengers for your teen drivers and set a curfew.
  • Buy a safe car. The car your teen drives should be reliable. Purchase from a reputable dealer, and check all cars at Safercar.gov for recalls. Make sure your young driver knows what to do if a car breaks down.
  • Practice driving with your teen. Provide your teen driver with 30 to 50 hours of supervised driving practice over at least six months. Practice on a variety of roads, at different times of day, and in varied weather and traffic conditions. Stress the importance of continually scanning for potential hazards including other vehicles, bicyclists, and pedestrians.
  • Create a Parent-Teen driving agreement. Put your driving rules in writing to clearly set limits, as well as the consequences for not following those rules.

Injured? Contact the Manchester Law Firm of 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 Manchester law firm of Manning & Zimmerman has  NH injury lawyers ready to represent you immediately.  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.

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NH Injury Law Firm Announces Recipients of College Scholarships

Manning and Zimmerman 7th Amendment Scholarship Recipients

NH injury law firm

The NH injury law firm of Manning and Zimmerman is pleased to announce the recipients of their 7th Amendment scholarship program. Following the submission of a tremendous number of applications, the firm carefully considered each entry and is pleased to announce that the recipients of the two $1,000 Manning & Zimmerman 7th Amendment scholarships for 2017 are Austin Woodward of Groveton High School and Shane Coughlin of Alvirne High School. Austin and Shane submitted  essays that displayed a depth of knowledge of the 7th Amendment and the importance of every American citizen’s right to a trial by jury. Congratulations Austin and Shane and best of luck as you begin your college careers!

About the NH Injury Law Firm of Manning Zimmerman

The New Hampshire personal injury attorneys at the NH injury law firm of Manning & Zimmerman have a combined total of more than 50 years representing those who have been injured through no fault of their own. For a free initial consultation, NH injury victims can contact the firm by phone at (603) 239-2489, complete a contact form on the firm’s website, or send an email.

To subscribe to the firm’s newsletter, click here.  The firm is also on Facebook and can be followed on Twitter.

Experienced, Knowledgeable & Personally Committed to Justice

playground injuries

Playground Injury Attorneys: Be Safe and Have Fun

Tips to Keep Kids Safe on Playgrounds

NH Playground Injury Attorneys

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. You   should Work With NH Playground Injury Attorneys if You Have a Claim.

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

NH Playground Injury Attorneys
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 Injury 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.

New Hampshire 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 Injury Attorney to Discuss Your New Hampshire 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.

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