With the temperature reaching 100°F this week, we can safely proclaim that summer, and consequently pool season, is here. Pool season draws out children and adults alike who want to cool off and have some fun in the sun; but, it is also a source of accidents, some of which can be a life-altering drowning accident. With the CDC reporting that 10 people die from unintentional drowning every day, this article will address how to mitigate drowning accidents and injuries arising from a swimming pool.
Who Is At Risk
As Phoenicians and visitors grab their pool gear, the first question to ask is: Who is at risk? According to the CDC, there are two noticeable categories: (1) children, and; (2) males. In the former category, children ages 1-4 have the highest drowning rates. Worse, most of the incidents happen at a home swimming pool. In the latter category, males, no matter what age, dominate the fatal drowning percentage by accounting for 80% overall.
Influencing Factors of Pool Accidents and Drownings
There exist a variety of reasons of why pool accidents and drownings occur. Most of which are unintentional. Nonetheless, liability may extend to the homeowner of a swimming pool. Thus, here are some of the most common factors that increase the risk of pool drowning accidents and injuries:
- Lack of swimming ability
- Lack of a proper barrier—gate with lock
- Lack of supervision
- Inadequate maintenance of the pool and/or its barriers
- Flotation devices
The first step to proper summer safety would be addressing the above risks. It is important to note that not every incident will result in a fatal drowning accident. There are actually three types of drowning accidents, and those can be found here.
As summer approaches, it is important to dive into pool season knowledgeable of the common risks that a swimming pool brings. If you, or someone you love, has experienced a pool drowning accident or injury, it is recommended to contact a personal injury attorney immediately to assess your case. The Law Offices of Michael Cordova, a personal injury law firm located in Phoenix, is experienced in dealing with pool drowning accidents and injuries, and our attorneys will guide you through the legal process during this traumatic time for your family.
Golf is sought by recreationalists and athletes alike, seeking relaxation and exercise. But, a golf course accident can also be a source of pain and embarrassment (No, we aren’t talking about your play). This article explains the two leading causes of golfing accidents and ways to prevent golf course accidents.
Highlands Golf and Spa Resort, 167 Moo 2, Tambol On-Nuar, King Amphur, Chiangmai, Thailand. Mandatory credit: Richard Castka/Sportpixgolf.com
Golf carts are more readily available than ever before. In the past, golf carts were for the prestigious courses, while the everyday course had only a few on hand. Today, golf carts are now offered at almost every course, for almost every round, and for little to no extra cost to the golfer. But, with this new expansion of golf cart availability has been a substantial increase in golf course accidents. Here are some tips when dealing with golf carts:
- Golf course mechanics should check the golf carts regularly to ensure they are meeting standards
- Don’t Assume: check the golf cart yourself to ensure everything looks in good working order
- If the course’s golf cart is having issues, don’t hesitate to ask them to exchange it
As an aside, a handful of Arizona suburbs have statutes that allow golf carts to be utilized on both golf courses and regular streets. Here, golfers and retirees have taken advantage of this by preferring to use their golf cart to make a grocery run, instead of their car. It is worth noting, however, though a golf cart offers convenience to do the quick 5-minute grocery run, it also lacks every safety feature your vehicle has (i.e. air bags).
Despite the attention a golf course may receive from the grounds crew, there are still times that an injury may happen due to unsafe premises. Consequently, an injury arising from a defect in the premises is known as premises liability. Premises’ defects can vary; however, a golf course accident will likely involve a slip and fall. Slip and falls are considered extremely dangerous as they can cause: a broken or dislocated hip, serious leg injuries, serious arm injuries, broken or shattered wrists, and head injuries.
For more information on golf course accidents, please click here.
The Law Offices of Michael Cordova is a personal injury law firm in Phoenix providing the highest quality legal representation to clients since 1994. Attorneys at the Law Offices of Michael Cordova are experienced in personal injury and premises liability, and are able to best represent you or a loved one if you have experienced a golf course accident. Contact us for a free case evaluation.
Accidents occur for a plethora of reasons, but there is a common guide to follow post-accident. This article provides you an informative guide of need-to-know information to acquire post-accident. Consequently, this post-accident checklist will assist an attorney in protecting your rights, and provide for a speedy resolution to your case. As a note, this article is a follow-up to a previous article of ours found here, where we discussed things to consider when choosing an attorney to represent you. We recommend reading both of these articles for a comprehensive view of things to do post-accident.
First things first: your safety. If you are severely injured, seek help immediately. As helpful as this post-accident guide is, your safety will always dictate the situation; however, that does not mean you shouldn’t be concerned about getting the information mentioned below. Instead, have someone gather the information for you, be it a police officer, a family member, or a friend. The information gathered is extremely important, and this is even truer if you are seriously injured in an accident.
Starting with the basics, you will want to gather information similar to a police officer:
- Names of the Parties involved
- Addresses of Parties
- License plate numbers
- Insurance information like policy number and insurance company name
- Name and contact information of any potential witnesses
There is a reason why police officers gather this same information: it is extremely helpful and provides almost all the information you will need.
The old adage is true: a picture can tell a thousand words. That being said, do not hesitate to use your phone—or any picture taking device—to take photos of an accident scene. Don’t forget to take pictures of the surroundings at the scene of the accident, as well; there could possibly be minute details that perhaps contributed to the accident. The surroundings that contribute to the accident could be anywhere; therefore, take pictures that capture 360 degrees of the scene, and even a block before the scene of the accident if at all possible.
Tell an Accurate Story
When explaining what occurred to first responders, tell the facts. Facts will help first responders, like police officers, write an accurate, factually based police report. In so doing, a police report will likely be neutral, providing a clear set of facts for an attorney. Conversely, when people name who was potentially at fault, police officers try to sift through that information, make a determination for themselves, and can sometimes include that in their police report. A police report has the potential to adversely affect your case.
If you were injured in an accident, such that you had to go to the hospital, visit doctors, or receive physical therapy is information that is vital to your case. Here is a brief outline of those factors and information to gather:
- Name of Hospital(s)
- Name of Doctors, Physical Therapist, or Chiropractor
- Dates you received medical services
- Any bills pertaining to your medical services
In summary, this need-to-know guide will help provide all the information you should gather post-accident to ensure a speedy recovery and protect your rights. A checklist of all the information above can be found here. Even without all these documents, it is best to have an experienced personal injury attorney at the Law Offices of Michael Cordova review your case with our Free Case Evaluation.
The Law Offices of Michael Cordova can help you, or a loved one, with a personal injury claim. The experienced personal injury attorneys at the Law Offices of Michael Cordova handles a variety of injury and accident cases. To learn more about the cases we handle, visit our main site here.
For a child, the inevitable will happen—injuries. But, there is a stark difference between the scrape and bruise received from horse playing in the backyard, and the traumatic experience of a car accident. Additionally, children are unique, insofar that, oftentimes, the extent of the injuries sustained—physically or emotionally—don’t become apparent until much further down the road. Therefore, below are four main differences to bear in mind when bringing a personal injury claim with a minor involved:
Statute of Limitations
In law, the statute of limitations refers to the timeline in which you must bring a lawsuit. If the effected party does not bring suit within the statute of limitations, the party forfeits their right to recovery. Here in Arizona, the typical personal injury case has just two years from the date of injury to bring a lawsuit.
Minors, however, are more protected under law. Thus, the law has carved out special rules to protect minors and children from the standard statute of limitations timeline. To that end, Arizona has something called “tolling” of the statute of limitations. Here, the statute of limitations for minors does not begin until the minor or child has reached 18 years old, or emancipated. Therefore, tolling of the statute of limitations usually extends the two-year timeline; however, don’t take this extended timeline as an opportunity to wait to bring your child’s personal injury claim. All claims should be brought in a timely manner to avoid facts from getting stale, and injuries developing further.
Probate Court Approval Required
In seeking the best interest of the minor, often times, parents are not permitted to bind their child(ren) to a settlement agreement. Moreover, Arizona law actively inserts courts to protect the minor in two ways: 1) personal injury claims exceeding $10,000 requires the court’s approval, and; 2) where the personal injury claim is less than $10,000 the adverse parties retain the right to require court approval of the minor’s settlement. Therefore, no matter the dollar amount of a minor’s personal injury claim, it is likely the court will be involved.
Restricted Bank Account
A common misconception is that when a settlement is reached in a minor’s personal injury claim, the parents will be able to retrieve the funds. The exact opposite is true. Instead, settlement funds resulting from a minor’s personal injury claim go into restricted bank accounts. Here, to ensure the resulting benefit reaches the child, settlement funds are deposited into a restricted bank account, which prevents the funds from being withdrawn until the minor reaches 18 years old, or is emancipated. In instances that require the funds prior to the minor reaching 18 years old, a Probate Court must be petitioned for approval of withdrawal of the funds. Only then, when the Probate Court has given approval to withdraw funds from the restricted bank account, funds will be released prior to the minor reaching 18 years old.
A unique alternative to restricted bank accounts is a structured settlement. Generally, restricted bank accounts come with extremely low interest rates, with the conditions set forth as indicated above. Oppositely, structured settlements parallel an investment for the child allowing for: 1) higher rate of returns, and; 2) court approved predetermined payout intervals. In the former, most structured settlements come with a higher interest rate given the account is slightly different than a regular restricted banking account. In the latter, court approved predetermined payout intervals, such as 18, 22, and 25 years of age as examples, can be used to support a minor as they progress through milestones in their adulthood, like college. Additionally, as a consequential benefit, court approved predetermined payout intervals also avoid dumping the proceeds of a settlement in a lump sum to an 18 year old. In the end, the decision on whether a restricted bank account or a structured settlement is more beneficial to your specific case, usually turns on the age of the minor and the amount of the settlement, as there are no additional costs to do so.
The Law Offices of Michael Cordova can help you, or a loved one, get through the traumatic experience a minor’s personal injury claim brings. The experienced personal injury attorneys at the Law Offices of Michael Cordova handles a variety of injury and accident cases, while providing a service to the client that is professional, personal, and unparalleled in the legal industry. To learn more about the cases we handle, visit our main site here. If you, or a loved one, have been injured by another party, or because of a faulty product, contact us for a free case evaluation.
This week at the Arizona Congress, hundreds of Arizonans banded together to support their favorite local brew vis-à-vis bill SB 1030. What’s at stake? The current law caps production microbreweries at 40,000 barrels. Additionally, once this cap is met, microbreweries would be forced to apply for a producers license, and shutter their local tasting rooms and restaurants. The proposed changes in SB 1030 would still force microbreweries to apply for a producers license, but allows them to keep up to seven restaurants and tasting rooms.
Arizona Capitol Building
It Effects Everyone
The Brewers: With fierce competition to get started in the beer business, microbrewers usually start as your backyard brewer. In addition, microbrewers utilize tasting rooms and local restaurants to bring the community together, while penetrating the market. Microbrewers, like FourPeaks, have used this grassroots style marketing to build their brand, build community, and develop a sense of what the customer wants through the use of brew pubs—a pub attached to the brewery. Indeed, even former-microbrewer turned highly sought after national brand DogFish Head utilized their attached brew pub to research customers’ palettes. Success ensued.
The Drinkers: With the late 2000s came a new style of beer. Attached to it was a new way to drink it—at your local tavern with the local community. But, the current law—if unchanged—has the ability to destroy this new found “togetherness.” Drinkers choose brew pubs, because they represent their community. Not only that, the grassroots marketing system employed doesn’t just seek the drinker’s input; it implements it. Because of this, the drinker feels like there is a place “where everybody knows your name” with a common goal—community. With the current punitive law looming, it might have the effect of uprooting the local drinker from their seat, while possibly riding the community of more than just a local brew-pub—its identity.
The Economy: Arizona brew pubs are abound with 57 microbreweries in the state. FourPeaks has three locations, while SanTan has one. Those numbers don’t seem alarming, but in SanTan’s one brew pub, in accordance with the current law, they would have to lay-off 120 employees. Thus, assuming similar numbers for FourPeaks, the two brewers would have to lay-off nearly 500 local employees. Not only that, given microbrews’ success is largely dependent on the local communities, the ripple effect of laying-off local employees could be catastrophic to the brewers. Additionally, and independently, craft brewers have seen double digit gains for over 10 straight years. These gains have attracted cities and businesses alike seeking to increase their cache, consequently increasing tourist activity, and happiness amongst locals. Curbing this sort of economic boom, again, seems to frustrate the exact purpose of a free and capitalist market.
The Story Goes On
In an odd paradox, successful microbrewers are finding that current law can actually be punitive for being too successful. Moreover, microbreweries may be forced to shutter their doors to the community with whom a relationship has been built. In so doing, the backlash from local communities may destroy the brewery all together. In the end, Arizona’s legislature will make a final decision on SB 1030. The legislature’s decision encompasses every element of the craft beer making process from brewer to community to economy. Most concerning, though, are the effects of not passing SB 1030 may have on the local communities: loss of jobs, and identity. In a positive sign, the bill passed the Senate Commerce Committee with a 6-2 vote late Tuesday.