Understanding the Different Types of Bone Fractures

There are many different types of bone fractures, each one with its own unique challenges and prognoses. If you have been diagnosed with a specific type of bone fracture, knowing your treatment options can aid in your recovery and improve your long-term prognosis. This information can also help you understand the type of compensation you may be available to receive if another party is at fault for your injury. 

Types of Bone Fractures 

Understanding the different types of bone fractures can help you better grasp your diagnosis and the potential treatment options. Here are five common types of bone fractures and what they mean.

Stable Fracture

A stable fracture occurs when the broken ends of the bone line up and are only slightly out of place. Because the broken bone ends are still in alignment, surgical intervention is typically unnecessary, and the healing process is generally straightforward. Treatment typically involves immobilization with a cast or brace to keep the bone in place while it heals.

Open or Compound Fracture

An open or compound fracture is a severe injury where the broken bone pierces through the skin or a wound penetrates down to the broken bone. This type of fracture is more serious than a closed fracture because it exposes the bone and surrounding tissues to the environment, increasing the risk of infection. Treatment usually involves surgical intervention to clean the wound, realign the bone, and stabilize it with hardware such as plates, screws, or rods.

Transverse Fracture

A transverse fracture is a break that occurs in a straight line across the bone, perpendicular to the bone’s long axis. This type of fracture is often the result of a direct blow or bending force. Treatment depends on the location and severity of the fracture but may involve immobilization with a cast or brace. Some cases require surgical intervention to realign and stabilize the bone.

Oblique Fracture

An oblique fracture is a break that occurs at an angle to the bone’s long axis, typically around 30 to 45 degrees. This type of fracture is often due to a combination of bending and twisting forces. Treatment usually involves immobilization with a cast or brace to keep the bone in place while it heals. Surgical intervention may be necessary to realign and stabilize the bone.

Comminuted Fracture

A comminuted fracture is a break where the bone shatters into three or more pieces. This type of fracture is often the result of high-impact trauma, such as a car accident or a fall from a significant height. Comminuted fractures are more difficult to set because of the number of pieces involved. Treatment typically involves surgical intervention to realign the pieces and stabilize the bone with hardware such as plates, screws, or rods. Recovery time for comminuted fractures is often longer due to the severity of the injury.

Compensation Available in Bone Fracture Claims

If someone else was to blame for your broken bone, that person may owe you compensation for your:

  • Medical expenses and ongoing treatment
  • Lost wages
  • Pain and suffering
  • Disability or disfigurement
  • Loss of enjoyment of life

The compensation you receive will depend on the severity of your injury, its impact on your life, and the circumstances surrounding the accident.

Contact Our Central New York & Syracuse Personal Injury Attorneys Today

If you have suffered a bone fracture due to another party’s negligence, you may be feeling frustrated and unsure of what to do next. However, you should know that you have legal options to recover compensation for your losses. While the road to recovery can be challenging, the compassionate personal injury team at CDH Law PLLC has the experience and skills to handle every aspect of your claim. Contact us today for a free consultation with a broken bones lawyer in Syracuse, and let us put our many decades of combined legal experience to work for you.

Boating Accidents in the Summer: What You Need to Know

As the weather warms up and summer arrives, many people in Syracuse and Central New York take to the water for recreational boating. While boating can be a fun and relaxing activity, it also comes with inherent risks. Boating accidents can lead to serious injuries, property damage, and fatalities.

Common Causes of Boating Accidents

Boating accidents can happen for various reasons. Some of the more common causes include:

  • Operator inexperience or lack of proper training
  • Distracted or inattentive operation
  • Boating under the influence of alcohol or drugs (BUI)
  • Excessive speed or reckless operation
  • Failure to follow navigation rules or posted signs
  • Mechanical failures or improper maintenance
  • Hazardous weather conditions or rough waters
  • Collisions with other boats, fixed objects, or swimmers

Being aware of these common causes can help you take steps to prevent accidents and stay safe on the water.

Boating Safety Tips

To minimize the risk of boating accidents and injuries, follow these safety tips:

  • Complete a boating safety course and obtain proper licensing
  • Wear a life jacket at all times while on the water
  • Familiarize yourself with your boat’s operation and safety features
  • Check weather conditions before your outing and plan accordingly
  • Follow all navigation rules and posted signs
  • Maintain a safe speed and watch for others on the water
  • Avoid alcohol and drugs while operating a boat
  • Ensure your boat is properly maintained and equipped with necessary safety gear
  • Be cautious around other boats, swimmers, and fixed objects

By prioritizing safety and following these guidelines, you improve your odds of having a fun and incident-free boating experience.

Legal Rights and Responsibilities in Boating Accidents

If you’re involved in a boating accident, it’s important to understand your legal rights and responsibilities. New York boaters have certain duties and obligations, including:

  • Duty to Render Assistance – If you’re involved in an accident, you must stop and render assistance to anyone who is injured or in danger, as long as it’s safe to do so.
  • Duty to Report Accidents – If an accident results in death, disappearance, injury, or property damage exceeding $1,000, you must file a written report of the accident with New York State Parks within five days.
  • Duty to Maintain Proper Lookout – Boaters must maintain a proper lookout at all times to avoid collisions and accidents.
  • Duty to Operate Safely – Boaters must operate their vessels in a safe and responsible manner, following all applicable laws and regulations.

If another boater’s negligence causes an accident that injures you or damages your property, you may have a valid legal claim against them. This may include compensation for medical expenses, lost income, pain and suffering, and other losses.

How CDH Law PLLC Can Help

If you or a loved one has been involved in a boating accident in Syracuse or Central New York, the experienced personal injury attorneys at Carden Dotzler Hammond, PLLC, are here to help. We understand the complex legal issues surrounding boating accidents and can guide you through the process of seeking compensation for your losses.

Our attorneys will:

  • Thoroughly investigate your accident to determine liability
  • Gather evidence, including witness statements, accident reports, and medical records
  • Consult with experts to assess the full extent of your losses
  • Negotiate with insurance companies on your behalf
  • Fight for your rights in court, if necessary

We are committed to helping you recover the compensation you deserve and holding negligent boaters accountable for their actions.

Don’t Navigate the Aftermath of a Boating Accident Alone

Boating accidents can be traumatic and life-altering experiences. If you’ve been injured due to another boater’s negligence, don’t try to navigate the legal process alone. Contact Carden Dotzler Hammond, PLLC, today for a free consultation with one of our compassionate and skilled personal injury attorneys. We’ll listen to your story, answer your questions, and fight for the justice and compensation you deserve. Let us help you get back on course after a boating accident.

Amusement Park Injuries: Understanding Your Rights

Families and thrill-seekers love amusement parks, especially during the summer months. While these attractions are designed to provide fun and excitement, they can also pose serious risks to visitors’ safety. The injuries people suffer at amusement parks range from minor bruises and cuts to catastrophic harm, such as brain injuries and spinal cord damage, and these accidents can even result in death.

Common Causes of Amusement Park Injuries

Amusement park injuries can occur due to various factors, including:

  • Mechanical failures or defective ride design
  • Improper maintenance or lack of regular inspections
  • Operator error or negligence
  • Inadequate safety restraints or lack of proper warnings
  • Slip, trip, and fall hazards on park grounds
  • Food poisoning from contaminated concessions
  • Assaults or altercations due to inadequate security

When an amusement park fails to maintain a safe environment for its visitors, the consequences can be severe and life-altering.

Liability in Amusement Park Injury Cases

Determining liability in amusement park injury cases can be complicated because multiple parties could be responsible for ensuring the safety of visitors. These parties may include:

  • The amusement park owners and operators
  • Ride manufacturers and designers
  • Maintenance and inspection companies
  • Third-party contractors or vendors
  • Park employees and ride operators

To hold these parties liable for your injuries, you typically must prove that their negligence or wrongdoing caused or contributed to your accident. This may involve demonstrating that they failed to properly maintain rides, provide adequate safety features, or train employees on safety protocols.

In some cases, amusement parks may try to limit their liability by requiring visitors to sign waivers or release forms. However, these documents do not always absolve the park of responsibility, especially if the injury was caused by gross negligence or intentional misconduct.

Damages Available in Amusement Park Injury Cases

If you’ve been injured at an amusement park, you may be entitled to various types of compensation, depending on the nature and severity of your injuries. This compensation may include:

  • Medical expenses, including emergency treatment, hospitalization, surgery, and rehabilitation
  • Lost wages and diminished earning capacity
  • Pain and suffering
  • Emotional distress and mental anguish
  • Disability or disfigurement
  • Loss of enjoyment of life

A personal injury attorney with experience in these kinds of cases can evaluate your losses and fight for the maximum compensation possible in your case.

What to Do If You’ve Been Injured at an Amusement Park

If you or a loved one has been injured at an amusement park, it’s essential to act swiftly to protect your health and your legal rights. Some important steps to take include:

  • Even if your injuries seem minor, get medical attention right away
  • Report the incident to park officials and obtain a copy of the accident report
  • Take photos or videos of your injuries and of the scene, if possible
  • Gather contact information for any witnesses
  • Keep all medical records, bills, and receipts related to your injury
  • Enlist an experienced personal injury attorney as soon as possible

At Carden Dotzler Hammond, PLLC, our compassionate attorneys are here to guide you through the legal process, give you the answers you need, and fight for the justice and compensation you deserve.

Experienced Legal Help for Amusement Park Injury Victims

If you or a loved one has been injured at an amusement park in Syracuse or Central New York, don’t hesitate to seek experienced legal help. The personal injury attorneys at Carden Dotzler Hammond, PLLC, have the knowledge, skills, and resources to take on complex amusement park injury cases and hold negligent parties accountable for their actions.

We work on a contingency fee basis, which means you don’t have to pay us unless we recover compensation for you. Contact us today to schedule your free consultation and learn more about your legal rights after an amusement park injury. Let us fight for the justice and compensation you deserve so you can focus on healing and moving forward with your life.

Firework Safety and Legal Implications of Accidents During Summer Events

Summer brings warm weather, outdoor gatherings, and festive celebrations. Many of these occasions are accompanied by fireworks displays. Fireworks can add excitement and beauty to any event but pose significant safety risks when mishandled. Firework accidents can lead to serious injuries, property damage, and legal consequences. The Syracuse personal injury team at Carden Dotzler Hammond, PLLC, wants to help you understand the importance of firework safety and the legal implications of firework accidents that occur during summer events.

Understanding Firework Laws in New York

New York has specific laws governing the sale, possession, and use of fireworks. The state categorizes fireworks into three main groups:

  • Sparkling Devices – These are ground-based or handheld devices that produce a shower of colored sparks or a colored flame. The visual presentation is accompanied by audible crackling or whistling noises and smoke. While sparkling devices are legal in most counties, local laws may vary.
  • Novelty Devices – Novelty devices are smaller items like party poppers, snappers, and toy smoke devices. These are not classified as fireworks and are legal statewide, although there are some restrictions on manufacturing and packaging.
  • Display Fireworks – These aerial devices and large ground-based devices are designed for use in commercial displays and are illegal to sell, use, or possess without a permit in New York.

Violating fireworks laws can result in fines, confiscation of the fireworks, and even arrest. It’s essential to familiarize yourself with the specific laws in your county and municipality before purchasing or using any fireworks, as regulations may differ from one place to the next.

Firework Safety Tips

To minimize the risk of accidents and injuries, follow these firework safety tips:

  • Only use legal sparkling devices and novelty devices
  • Read and follow all manufacturer instructions and warnings
  • Never allow children to handle or light fireworks
  • Keep a bucket of water or a fire extinguisher nearby in case of emergencies
  • Light fireworks one at a time and move away quickly
  • Never try to relight or handle malfunctioning fireworks
  • Never point or throw fireworks at another person, animal, or building
  • Dispose of used fireworks by dousing with water and placing them in a metal trash can a safe distance from any building or combustible materials

By prioritizing safety and following these guidelines, you can greatly reduce the chances of firework-related accidents and injuries.

Legal Implications of Firework Accidents

When fireworks accidents occur, the legal implications can be complex. Depending on the circumstances, multiple parties may be liable for injuries or damages, including:

  • The person who lit the firework
  • The property owner where the accident occurred
  • The manufacturer or distributor of the fireworks
  • Event organizers or hosts

Liability can arise from negligence, such as failing to follow safety guidelines or properly supervise firework activities. Property owners may be held responsible for accidents on their premises, especially if they knew or should have known about the dangerous firework activity.

If you or a loved one has been injured in a firework accident, it’s important to:

  • Seek medical attention immediately
  • Document the accident scene with photos or videos
  • Obtain contact information for any witnesses
  • Keep all medical records and receipts related to the injury
  • Contact a personal injury attorney to discuss your legal options

At Carden Dotzler Hammond, PLLC, our skilled attorneys can help you understand the legal issues surrounding firework accidents. We will investigate the incident, gather evidence, and identify all potentially liable parties. We want to help you recover the compensation you deserve for your medical expenses, lost income, and other losses.

Celebrate Safely This Summer

Summer celebrations are a time for joy, family, and friends. By understanding firework laws, prioritizing safety, and knowing your legal rights, you can enjoy the festivities while minimizing the risk of accidents and legal consequences.

If you or someone you love has been affected by a firework accident, contact Carden Dotzler Hammond, PLLC, today. Our compassionate and experienced attorneys are here to guide you through the legal process and fight for your rights. We serve clients throughout Syracuse and Central New York and are dedicated to achieving the best possible outcome for your case.

Are Dog Owners Liable for Bite Injuries?

Dog bites are distressing events that can inflict lasting physical and emotional scars. If you’re on the receiving end of such an injury, it’s natural to wonder about your recourse and who might be held accountable. The intricacies of liability in dog bite cases highlight the importance of understanding the legal framework governing dog owner responsibilities for these injuries.

Understanding Dog Owner Liability in New York

New York distinguishes itself from states with a “one-bite rule” by enforcing a strict liability approach towards dog bites. This legal stance means that dog owners are usually liable for injuries their pets cause, independent of any previous aggressive behavior exhibited by the dog. In New York, an owner’s responsibility includes covering medical expenses stemming from a dog bite without the victim needing to demonstrate the owner’s negligence.

Exceptions to Strict Liability

Despite the overarching principle of strict liability, exceptions exist that can influence a dog owner’s liability. For example, liability might not be strictly applied if the injured party was trespassing or if the dog was provoked before the incident. These exceptions allow for a nuanced examination of liability, taking into account the circumstances surrounding the bite.

Beyond Strict Liability: The Role of Negligence

Victims may also explore negligence claims against dog owners. Such claims necessitate showing that the owner did not reasonably prevent the dog from causing harm, possibly due to ignorance or disregard of the animal’s aggressive nature. Successfully arguing negligence requires illustrating the owner’s failure in duty of care towards preventing the bite.

Potential Defenses for Dog Owners

Dog owners aren’t without defenses. Exemptions exist, for instance, when dogs bite during official duties in police or military capacities, or if the victim was conducting illegal activities on the property. These defenses can mitigate or entirely negate the owner’s liability in certain situations.

The Role of Landlords in Dog Bite Cases

Liability may also extend to landlords in circumstances where they were aware of, but neglected to address, the presence of a potentially dangerous dog on their property. This broadens the scope of liability, implicating not just the dog owner but possibly the property owner as well, thereby adding a layer of complexity to dog bite litigation.

Our Dog Bite Injury Attorney Can Help You Today

Dog bite incidents can have serious consequences for victims, both physically and emotionally. Understanding the legal landscape surrounding dog owner liability in New York is crucial for those seeking compensation for their injuries. Whether through strict liability, negligence claims, or potential defenses, navigating the legal complexities requires the expertise of experienced personal injury attorneys.

As New Yorkers enjoy the company of their furry friends, it is essential to be aware of the responsibilities that come with being a dog owner and the legal consequences that may arise in the unfortunate event of a dog bite. If you have sustained a bite injury, do not hesitate to reach out to CDH Law for assistance. Contact us today.

Common Accidents that Lead to Spinal Cord Injuries

Spinal cord injuries are the result of traumatic damage to the spinal cord, a long bundle of nerves that runs down the vertical axis of the back and conveys messages between the brain and the rest of the body. When an accident damages the spinal cord, the resulting disruption of these messages can result in paralysis. Spinal cord injuries often occur as a result of severe accidents, such as motor vehicle collisions, falls, or sports injuries.

Types of Spinal Cord Injuries

Spinal cord injuries come in two primary types: complete and incomplete. A complete spinal cord injury prevents feeling or movement below the injury level. With an incomplete injury, a patient might retain some feeling or movement below the injury. The impacts of a spinal cord injury can vary depending on where the injury happens along the spinal cord and how severe the damage is. All types of spinal cord injuries can lead to serious problems, like loss of the ability to move, breathe independently, or control the bladder or bowels.

Common Spinal Cord Injury Accidents

Spinal cord injuries can result from a range of traumatic events that damage or put severe pressure on the spine. Here are some common types of incidents and accidents that can cause spinal cord injuries:

  • Car Accidents: Car wrecks are the leading cause of spinal cord injuries. The force unleashed by vehicles traveling at high speeds can cause severe damage to the spine. Drivers and passengers might get thrown around inside the car or even ejected, leading to injuries.
  • Falls: Slip-and-falls from significant heights, like from ladders, roofs, or stairs, can lead to spinal cord injuries. The impact from the landing can severely damage the spine, especially in older adults whose bones are often weaker.
  • Sports Injuries: Accidents during high-intensity sports activities like football, rugby, and diving can also lead to spinal cord injuries. Sudden impacts or wrong movements can compress or twist the spine and damage it.
  • Acts of Violence: Violent attacks involving guns or knives can damage the spinal cord if the spine is affected. Spinal cord injuries from acts of violence are often severe because they can involve direct cuts or damage to the nerves in the spinal cord.
  • Workplace Accidents: Jobs that involve heavy lifting, climbing, or working with machinery can lead to spinal cord injuries. Traumatic accidents can happen if equipment fails or workers fall from heights in ways that cause trauma to the spine.

Compensation for Spinal Cord Injury Claims

An accident victim who suffers a spinal cord injury for which someone else is at fault can seek compensation from that person to cover the costs and impacts of their injuries. This can include money for:

  • Medical expenses
  • Rehabilitation costs
  • Lost wages
  • Loss of future earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Home modification costs
  • Long-term care expenses
  • Legal fees

How a Spinal Cord Injury Lawyer Can Help

An experienced injury lawyer in Syracuse, New York, is a critical ally for those pursuing spinal cord injury claims. They can help by:

  • Investigating the details of the accident
  • Gathering evidence to support a personal injury claim
  • Consulting medical experts to understand the extent of the spinal cord injury
  • Filing all necessary legal documents correctly and on time
  • Negotiating with insurance companies on their client’s behalf
  • Reviewing settlement offers to ensure they account for present and future needs
  • Representing their client in court, if necessary
  • Coordinating with witnesses who can testify on their client’s behalf

Contact a Spinal Cord Injury Attorney in Syracuse, New York

If you or someone you love has suffered a spinal cord injury in Syracuse, New York, contact Carden Dotzler Hammond, PLLC, for a free consultation. We want to listen to your story and determine whether we can seek fair compensation for what you’ve suffered.

Eight Common Causes of Bicycle Accidents

Riding a bike is a great way to stay active and enjoy the outdoors in Syracuse. However, sharing the road with cars and trucks can lead to dangerous situations, accidents, and severe injuries. At CDH Law, our Syracuse bicycle accident lawyers have seen many cyclists come through our doors after an accident. This experience has taught us a lot about what causes these scary events.

In this blog, we’ll share the eight most common reasons why bicycle accidents happen. Whether it’s a car not seeing a cyclist or tricky road conditions, understanding these causes can help keep you safer on your next ride.

Distracted Driving

When drivers take their eyes off the road to check their phones, adjust the radio, or use a navigation device, they might not see a nearby cyclist. This lack of attention can lead to devastating accidents, especially at intersections or when drivers make turns. Cyclists, being much smaller and less protected than cars, have a high risk of severe injuries if a vehicle hits them. It’s crucial for both cyclists and drivers to stay alert and aware at all times to avoid these dangerous situations and keep our roads safe for everyone.

Failure to Yield the Right-of-Way

When drivers don’t yield the right-of-way, they can create dangerous situations for cyclists. This often happens at intersections, roundabouts, and when drivers make turns. They might not notice a cyclist or could misjudge their speed, leading them to pull out without leaving room for the cyclist or turn directly into the cyclist’s path. This can cause the cyclist to swerve unexpectedly, brake hard, or collide with the vehicle.

Unsafe Lane Changes or Turns by Vehicles

When drivers change lanes or turn without properly signaling or checking their blind spots, they risk colliding with a cyclist who is legally occupying the lane beside them. Cyclists might have little time to react, leading to crashes that can throw them off their bikes or into the path of oncoming traffic. Such maneuvers are particularly risky in busy urban areas where cyclists and vehicles share close quarters.

Opening Car Doors into a Cyclist’s Path

When drivers or passengers open their car doors without checking for oncoming cyclists, it can lead to a “dooring accident.” This occurs when a cyclist collides with an abruptly opened car door, potentially causing severe injuries or throwing the cyclist into traffic. Dooring accidents are common in urban areas where cars can park alongside cycling lanes or roads.

Poor Road Conditions or Hazards

Unlike cars, bicycles have thinner tires and less stability, making them more susceptible to accidents resulting from uneven surfaces. When cyclists encounter hazards like potholes, broken pavement, or debris in the road, they may lose control and crash or swerve suddenly into traffic to avoid them. Such situations can lead to devastating accidents, especially if there’s oncoming traffic or the cyclist is moving at a high speed.

Low Visibility Conditions

Low visibility conditions, such as nighttime cycling, fog, or heavy rain, significantly increase the risk of bicycle accidents. In such conditions, it’s harder for drivers to see cyclists and for cyclists to spot hazards in their path. Reflective gear, proper lighting, and brightly colored clothing are crucial so that cyclists can increase their visibility. However, even with precautions, reduced visibility can lead to close calls or accidents if drivers don’t pay extra attention.

Impaired Drivers

Impaired driving, including drunk or drug-impaired driving, is a significant danger to cyclists. An impaired driver’s reduced reaction times, impaired judgment, and altered perception significantly increase the risk of not seeing a cyclist or misjudging their speed and distance from the vehicle. This can lead to tragic accidents, as impaired drivers may swerve into bike lanes, run stop signs, or fail to yield the right-of-way.

Intersection Conflicts

Intersection conflicts occur when drivers and cyclists misunderstand each other’s intentions or ignore traffic signals. Cyclists may have the right-of-way, but drivers making a quick turn may not see them or could misjudge their speed, leading to collisions. Similarly, cyclists who don’t adhere to traffic signals can surprise drivers, causing abrupt and dangerous reactions.

Contact Our Syracuse Bicycle Accident Attorneys Today

If you sustained injuries from a negligent driver while riding your bike, the team at CDH Law can represent you in your fight for fair compensation. Call us today or complete our contact form for a free consultation.

Black Friday Injuries—Can a Retailer be Responsible?

Black Friday, known for its amazing deals, can also bring unexpected dangers in crowded retail environments. This article explores the potential liabilities of retailers in the event of injuries sustained on their premises. From inadequate security measures to poor crowd management, retailers might be held accountable if they neglect their duty of care to shoppers.

Can You Sue a Retailer for a Black Friday Injury?

The bustling chaos of Black Friday, marked by eager shoppers hunting for the best deals, can sometimes take a dangerous turn. In the midst of the frenzy, injuries may occur. This raises the legal question: can retailers be held responsible for Black Friday injuries? Let’s take a look at the legal implications surrounding retailer liability in New York and shed light on the factors that may determine whether a retailer is accountable for injuries sustained during the Black Friday shopping extravaganza.

Black Friday, the day after Thanksgiving, traditionally kicks off the holiday shopping season with massive discounts and promotions. As retailers strive to attract throngs of customers, the responsibility to ensure a safe shopping environment becomes paramount. In legal terms, this duty of care requires retailers to take reasonable measures to protect their customers from foreseeable harm.

One of the primary concerns on Black Friday is the potential for overcrowding and stampedes. Retailers must implement effective crowd management strategies to prevent injuries. In the event of insufficient crowd control measures leading to injuries, the retailer may be held liable. This could include failing to establish orderly queues, neglecting to control entrance and exit points, or ignoring occupancy limits set by local authorities.

Inadequate security can also be a concern. Maintaining a secure shopping environment is a fundamental obligation for retailers. Inadequate security measures, such as a lack of trained personnel or failure to monitor surveillance systems, may contribute to incidents like theft, assaults, or trampling. If a retailer’s negligence in providing adequate security directly results in injuries, they may be held legally responsible.

The arrangement of merchandise and display structures can also play a role in Black Friday injuries. Retailers must ensure that their product displays are stable and safe, reducing the risk of accidents caused by collapsing shelves or falling items. Failure to maintain a safe shopping environment may lead to liability if injuries occur as a result of poorly placed or unstable merchandise.

To mitigate the risk of liability and prioritize customer safety, retailers should consider implementing the following best practices:

  • Robust crowd control measures: Establish clear entry and exit points, enforce orderly queues, and communicate with customers to prevent overcrowding.
  • Adequate security personnel: Employ trained security personnel to monitor the premises, deter criminal activity, and respond promptly to incidents.
  • Regular safety inspections: Conduct routine safety inspections to identify and address potential hazards, including unstable displays and overcrowded areas.
  • Emergency response plan: Develop and communicate an effective emergency response play, ensuring that staff is well-prepared to handle various situations, including medical emergencies and evacuations.

Central New York Personal Injury Attorneys

In the event of Black Friday injuries caused by a retailer’s negligence, legal avenues may be pursued to seek compensation. The team at CDH Law is here to help you enforce your right to be fully compensated for your injuries. Contact us today.

Criminal Case and Personal Injury Case: What to Consider

Sometimes, if there is a drinking and driving accident or a hit and run, there will be a criminal case coinciding with a personal injury case. For instance, if a drunk driver gets into an accident that injures someone else, the intoxicated driver will likely go on to face criminal charges as well as a civil suit where the injury victim will pursue compensation for the harm they have suffered. This blog will discuss what injured clients should consider when navigating the civil lawsuit system at the same time as a criminal case. Should you wait until after the criminal case wraps up to go forward with your personal injury suit? We will answer this question and more.

What Happens When a Criminal Case and Personal Injury Case Are at the Same Time?

Criminal cases and civil cases have different purposes. The purpose of a criminal case is to punish the criminal offender for their unlawful behavior. The purpose of a civil case is to compensate the party injured by negligent or wrongful behavior. Another big difference between criminal cases and civil cases is the burden of proof. The burden of proof in a criminal case is much higher than it is in a civil case. In fact, it is the highest legal burden there is and that is the “beyond a reasonable doubt” burden.

So, where would a criminal case and a personal injury case overlap? Well, when criminal behavior ends up injuring someone else, two separate cases can develop. In the instance of a drunk driving accident, the drunk driver can be charged with a DUI. If the drunk driver caused an accident resulting in injury to another, the charges can be raised to a more serious level. On the other side of things, the injury victim can bring a civil suit pursuing compensation for the losses they sustained in the accident. A civil suit, however, will only be necessary if the insurance provider for the drunk driver fails to make an acceptable settlement offer on the victim’s claim.

Will the criminal case impact the civil case or vice versa? Not likely and, if at all, not really. The two suits will likely overlap significantly, however, in terms of the evidence presented. Much of the evidence the district attorney brings in the criminal case is likely going to come into play during the civil case. Evidence will include things like proof of the drunk driver’s level of intoxication. This would involve blood alcohol content test results, eyewitness accounts of the accident and the drunk driver’s reckless behavior, accident reports, and more. If the criminal case results in a criminal conviction, this may be used as evidence to support the drunk driver’s reckless behavior and support the liability assertion in the civil case. It may even help support an award for punitive damages, which are only awarded in exceptional cases of driver recklessness or gross negligence.

If you have been injured in an accident caused by a drunk driver, however, you should not wait for the criminal case to proceed or wrap up. Time is of the essence in personal injury cases and the sooner you can retain legal counsel and begin the process of bringing your claim, the better.

Central New York Personal Injury Attorneys

After being injured by a drunk driver, do not delay. The team at CDH Law is here to begin immediate work on investigating and building your personal injury claim to help ensure your legal rights are protected. Contact us today.

An Intro to Air Bag Injuries

There has been a recent recall over potentially explosive airbag parts. Over 33 million people in the U.S. could be driving vehicles with airbag inflators that, in rare cases, explode in a collision and send dangerous shrapnel flying. As such, the National Highway Traffic Safety Administration has demanded that the manufacturers of these vehicles recall the approximately 67 million airbag inflators that have this explosion risk. Amidst these recall demands, a broader conversation over airbag safety has given way. It is important to know that airbags, in most cases, will save lives rather than endanger them. That being said, there is a risk of air bag injuries and that is what we will discuss today.

Understanding Air Bag Injuries

Airbags are usually located in the steering column of a vehicle. They can also be commonly found in the dashboard in front of the passenger’s seat as well as the sides of the driver and passenger seats. Made of light fabric, airbags are connected to a crash sensor that, upon detecting a collision, will trigger an igniter that fills the airbag with gas. The deployment and expansion of the airbag take only a fraction of a section and happen with a significant amount of force. The bag expanded with the gas is meant to cushion the impact of a crash if you are thrown forward or to the side of the vehicle and avoid being thrown into the hard surfaces that surround you in the vehicle.

Airbags do save lives and can prevent far more serious injuries from being incurred by a vehicle occupant, but the force and nature of an airbag deploying can cause injury in and of itself. The gas used to inflate the airbag has been known to cause or exacerbate respiratory problems. Other common airbag injuries include:

  • Facial bruising and fractures
  • Chest injuries
  • Heart injuries
  • Burns on the chest, arms, and face
  • Skull fractures
  • Traumatic brain injuries
  • Head injuries
  • Eye injuries from chemical irritation
  • Eye injuries from airbag impact
  • Internal organ damage

While these injuries are absolutely serious, they are often still better than what could have been without airbag deployment. There are, however, instances when airbag sensors malfunction and the airbags deploy when they shouldn’t. There are also instances when an airbag defect renders the airbag unnecessarily dangerous or ineffective. In these instances, you may be able to recover compensation for the harm you suffered from the hazardous airbag from parties such as the airbag or automobile manufacturer or anyone who was responsible for inspecting, maintaining, or replacing the airbag after you purchased the vehicle. You would be bringing a product liability claim and, in order to be successful in your claim, you would need to prove that the airbag was defective and that this defect was the direct cause of the harm you suffered.

Central New York Personal Injury Attorneys

Injured in a crash? Injured by an airbag? At CDH Law, we got you covered. We will help you pursue full and fair compensation for your injuries from the responsible parties. Contact us today.