14 May 2012

Are Compressed Gas Cylinders Dangerous?

 

It is my observation that Americans tend to be very trusting of companies and products that can potentially harm either them or their loved ones. The mentality seems to be that ‘I do my job correctly so everyone else must be too’.

 

Unfortunately, this is often not the case. Take, for instance, the typical compressed gas tank’ – who really gives it more than a cursory thought throughout their comings and goings during a day? Yet, they are the harbinger of accidents and catastrophic injuries. Consider the following information.

 

Compressed gas cylinders also hold potential hazards that may be the result of improper use, storage and handling. In fact, the chemical hazard associated with the cylinder contents (corrosive, toxic, flammable, etc.) and the physical hazards represented by the presence of a high pressure vessel make them – literally – some of the most dangerous materials on the market – and they are often found resting haphazardly and with little regard to safety in homes, garages, on boats and in the workplace.

 

Adhere to these guidelines when handling and storing compressed gas cylinders:

 

*Be familiar with all transport and storage guidelines that accompany the purchase and use of compressed gas.

 

*Be knowledgeable about the proper handling of the particular compressed gas unit. This is especially relevant when it comes to using the compressed gas unit.

 

*Properly discard compressed gas units that have a leak.

 

*Keep a first aid kit handy and know how to use it .

 

Greg Baumgartner is a product liability attorney and the founder of the Baumgartner law firm, a Texas personal injury law firm dedicated to helping families of people injured or killed in accidents. For a free no obligation consultation with a dangerous product lawyer call the Baumgartner law firm at 281-587-1111.

10 May 2012

Toxic Torts

One of the most complex causes of injury is those that are the result of exposure to toxic materials. Part of the reason for this is that toxic materials are nearly everywhere! That means the possibility exists any one of us could be exposed to hazardous materials in public spaces or in our own homes.

For example, a four year old died recently as a result of exterminator pellets that were placed into the family’s lawn but whose chemicals seeped into the home – poisoning the preschooler and making three other children violently ill.

 

In addition, workers in some industries may also have a greater chance of being exposed to such materials while on the job, over extended periods of time. One of the most common forms of toxic materials is asbestos that is still found in great abundance in public workplaces (and is responsible for any number of physical ailments)

 

No one is surprised to learn that exposure to hazardous materials can lead to serious illnesses and when workers are injured as a result of such exposure, they are often able to seek Workers’ Compensation benefits.

It is important to note that these same persons may also be able to pursue additional financial compensation from the manufacturers of the hazardous substances, or from other entities that may have been involved in the exposure. This type of compensation is designed to specifically provide compensation that would address damages that Workers’ Compensation doesn’t cover—such as the pain and suffering and other legal damages caused by a serious illness.

Greg Baumgartner is an Austin injury lawyer and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with an Austin accident attorney call the Baumgartner firm.

05 May 2012

Sports Injury

Americans love their sports. From amateur to professional, pee wee to high school level – we just can’t ever get enough of them. And that’s every kind of sport – tennis, basketball, baseball, softball, football, soccer – name the ‘ball’ and you’ll find it somewhere on a field or a court with hundreds of excited fans sitting in attendance as spectators.

 

But along with the ‘love of the game’ comes the inevitable ‘sports injuries’ and the potential for legal action if there has been a lack of care taken in the execution of the ‘game’. There are a few incidences that were all but horrifying – such as the man who lost his balance and then his life when he reached for a foul ball at the baseball game last summer.

 

Severe injuries to spectators occur on a somewhat regular basis – even with the due caution most team owners employ. In addition, there are an equal number of injuries that occur in amateur sports as well. Unfortunately what starts out as fun has resulted in all levels of physical trauma from mild to (sometimes) catastrophic.

 

In short, sports injuries are much more common than most people realize. It is important to understand that by participating in sports the player or his or her parents are likely assuming the risk of injury that is inherent in the sport.  Be safe and wear the best protective gear you can afford.

Greg Baumgartner is an Austin truck accident attorney and the founder of the Baumgartner law firm, a Texas personal injury law firm dedicated to helping families of people injured or killed in accidents. For a free no obligation consultation with a truck accident lawyer call the Baumgartner law firm at 281-587-1111.

29 Apr 2012

Drivers Education for Teens

Several generations have passed since driver’s education was a mandatory class offered through public high schools. It seems that rather quickly in the late 1970s and early 1980s that school districts shed themselves of this particular responsibility in part due to the awesome liability it represented. From there, driver’s education schools sprang up across the country and for what I consider to be a fair fee – your child received similar training and driving practice. They just paid the teachers a lot less.

 

Mind you – anyone who wants to obtain a legal driver’s license must go through training. But as with everything else – the program options have evolved. Today the future driver may choose to attend a classroom course offered through a private school or, in some cases, they may take a state approved online driver’s ed course.

 

While the authentic classroom consists of the typical lecture, video and q & a format – the online class is very different. To begin with, you can’t beat online classes for convenience. Students can work from home negating the need to have someone drop the student off at class and pick them up. Too, students are able to log on and do coursework as their schedule permits. There is a syllabus, though, and assignments are scheduled to be completed on a regular basis. If your teen is getting close to driving age – I suggest you look into these options.

Greg Baumgartner is a personal injury lawyer and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with an accident attorney call the Baumgartner firm.

 

20 Apr 2012

Why Insurance Reform is needed in Texas

 

 

It may come as a surprise to many that after the fairly radical “tort reform” provisions enacted over 5 years ago that their insurance premiums continued to rise at record paces, yet payouts for actual claims are at record lows. In effect, Texas families have become a cash cow for the insurance companies reaping record profits in Texas.

 

Others are surprised when they learn that a drunk driver gets the benefit of their victim’s personal responsibility in paying premiums for health insurance and that the cost of making a personal injury claim in court has increased for the innocent victim and benefited the drunk driver and their insurance companies.

 

Many states have legislative provisions regulating the conduct of insurance companies within their claims handling practices and also provide a real remedy for the innocent victim when faced with abusive claims handling practices. Unfortunately for Texas families, the teeth have been removed from any semblance of a remedy for abusive claims handling practices. In effect, many families are outraged when they have been the victim of a wrongdoer and are victimized again in dealing with the insurance company.

 

The time is come for real insurance reform for Texas families and it should include remedies for abusive claims handling practices and a regulation of the amount an insurance company is required to pay in claims as a percent of premiums collected. In other words, the excess profit extracted from Texas families when buying mandatory insurance like car insurance must be limited by requiring an insurance company reaping profits in Texas to pay out a reasonable percentage of what they collect in claims. If the insurance company reduces the amount they pay out in claims, great, then Texas families should get the benefit by lower premiums and not the insurance company with excess profits.

 

Call your Texas representative and demand insurance reform for Texas families.

Greg Baumgartner is a Austin personal injury attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with an Austin accident lawyer call the Baumgartner firm.

16 Apr 2012

Teen Drivers and Car Accident Prevention

Teen drivers are among the most dangerous segment of the driving population on the road today. It seems no matter how much we augment our expectations – in the forms of more time behind the wheel with an adult, more rigorous classes, the imposition of rules concerning night driving and/or passenger limits – teens defy our ability to keep them safe. Parents of teen drivers should hold their teen driver to the following rules:

 

*Teens should not be allowed to have more than one passenger in the car at any one time. In fact, they should only be allowed to drive on their own for the first several months after getting their licenses.

 

*All electronic devices should be disengaged. The teen should not be allowed to play music, text or use their phone while the car is in motion. There are safety features that ensure this rule is met – in fact it is now possible to install a video device that allows you to watch your teen when they are driving. Well worth the expense to my way of thinking.

 

*Hold your child to a curfew. Do not allow them to be out past – even eleven o’clock any evening. Even if your child is driving safely – the number of drivers who are intoxicated and a danger to others increases as the evening wears on. This is particularly true on the weekends.

 

Finally – model safe driving behavior for your children. Don’t YOU drive distracted, drowsy, drunk or disorderly. Your good driving habits serve as an example for your child.

Greg Baumgartner is a Austin car accident lawyer and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Austin personal injury lawyer call the Baumgartner firm.

12 Apr 2012

Keeping Products Safe For Families

Unfortunately Americans tend to believe that our government regulates most manufacturers to keep us safe. Perhaps nowhere is this truer than in the clothing industry. After numerous incidents in which children and adults were burned when their clothing – pajamas in particular – caught fire legislation was passed that was designed to keep Americans safe – at least when it came to ignitable clothing.

 

The law was called the “Flammable Fabrics Act” and the goal is to prevent clothing that has not been properly treated with a flame retardant to enter U.S. markets and be made available to consumers. At one time – particularly when several incidences of burn injuries to children occurred due to flammable clothing – Americans were aware of and on guard against this problem. However, with the passing of decades and no burn injuries from clothing – we have turned our attention elsewhere and flammable clothing is once again making it to the retail shops for purchase.

 

For instance, a line of fleece tops was widely distributed in the last decade that was found to be defective because it did not meet the standards of the ‘Flammable Fabrics Act’. They were recalled without incident but the potential for injury and death was great.

 

At the same time an iconic American clothing shop for children had to recall over 200,000 pairs of CHILDREN’S pajamas for the same reason – susceptibility to ignite and burn quickly.

 

Parents – when you’re out shopping for children’s clothes and toys – be sure to take a moment to learn about the safety features of the product – before you buy anything.

Greg Baumgartner is a Houston product liability lawyer and the founder of the Baumgartner law firm, a Texas personal injury law firm dedicated to helping families of people injured or killed in accidents. For a free no obligation consultation with a recalled product attorney call the Baumgartner law firm at 281-587-1111.

08 Apr 2012

New Lawyers

This article is dedicated to those of you who wish to join the ranks of the legal profession. It is meant to provide a clear and concise understanding of the demands that accompany the law degree.

 

*Any lawyer is expected to – and will – put in long hours each week – and long weeks each year. Being a lawyer is a way of life and it is difficult to divorce yourself from it for even a few hours every 24 hours. A new lawyer can be expected to put in well over 60 hours a week in many law firms.

 

*New lawyers can expect to ‘start at the bottom’ and prove themselves the same as any ‘newbie’ in any other profession. Yes, we see that law degree and we realize how much work it represents to acquire it. However, the law degree is just the beginning – the practice of law (or application of knowledge) is the real work. And it is very hard work!

 

*Most lawyers do not start out making salaries in the triple digits – and that may not come for years.

 

*Poor quality work opens you up to a malpractice suit the same as anyone with a license to practice any other profession. Professionalism is the word of the day – and should guide your decision making.

 

*Take any opportunity you can to receive more training. This is important for two reasons. First, just like any other job – things are always changing thanks to technology. It is important to stay abreast of the most recent legal information out there. One can never get to much continuing education, regardless of the level of experience in law.

Greg Baumgartner is a Austin personal injury lawyer and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Austin injury attorney call the Baumgartner firm.

03 Apr 2012

Motorcycle Accidents

 

 

The rate of fatal accidents for motorcycles is over 5 times greater than that of passenger cars. The National Highway Traffic Safety Administration indicates that not only is there a higher percentage of fatal motorcycle accidents but that per mile traveled motorcycle accidents are much more likely than compared to passenger cars.

 

Motorcycle rider deaths are up to 30 times more likely than drivers of other vehicles and younger motorcycle riders are at more risk than older riders.

 

In 2005 the federal government estimates that there were over 4000 fatal motorcycle accidents in the United States and the number seems to be increasing.

 

The major reason for increased injury potential is the lack of protection that a car provides and that a motorcycle does not have. Seatbelts, airbags and collapsing body structure all help protect the occupants of passenger vehicles. As with car accidents a large percentage of very serious or fatal motorcycle accidents involve alcohol.

 

The biggest single reason for most motorcycle accidents is the inability of other motorist to see the motorcycle. This is called “conspicuity” and is a major factor in most motorcycle accidents.

 

There is a feeling of freedom when riding a motorcycle and many avid motorcycle riders are riding motorcycles for that reason. Often, motorcycle riders opt out of wearing a protective helmet to enjoy the wind in their face. Clearly the risks of riding a motorcycle, particularly in an urban center like Houston, Texas can be substantial particularly on highly traveled roadways.

 

Experts recommend that motorcycle riders where clothing that is higher visibility–brighter colors or reflective equipment. Additionally, leather gear is preferred for its tough abrasion resistance protection as well as protection from the elements. Of course, helmets can make a huge difference in avoiding a closed head injury.

Greg Baumgartner is a Houston motorcycle accident lawyer and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a motorcycle accident lawyer call the Baumgartner firm.

30 Mar 2012

Cruise Ship Accidents

Vacationers who opt for a cruise ship excursion often do so because they have the impression that safety is of the utmost importance. Unfortunately, this is often far from true. There are any number of problems that can arise on board a cruise ship that may result in personal injury and, occasionally, death.

 

Needless to say, last month’s capsizing of a cruise ship with 4200 people aboard has captured the headlines and serves as a reminder of how quickly a disaster can strike. To date the death toll stands at 32 but the number of personal injuries has not been announced. However, a cruise ship running aground is uncommon – it is the litany of other problems that most people do not realize exist.

For instance, food poisoning has occurred on several occasions aboard a number of ships as has a form of the flu virus been found to spread easily and quickly in closed quarters such as a ship. In addition, other felony and misdemeanor crimes including rape, robbery, assault and more.

 

And injuries on board the ship occur on a regular basis as well. In one extreme case a female fell down a flight of steps and died as a result. But abrasion, broken bones and other infirmities can be part of the experience as well and not to mention the cases where a rape may have occurred onboard.

Personal safety should be a consideration wherever you are and you can let your hair down on vacation – but not your guard.

Greg Baumgartner is a Austin personal injury lawyer and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a personal injury attorney in Texas call the Baumgartner firm.