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Statistically Safer December 16, 2008

Posted by Attorney Jonathan Groth in Motorcycle Collisions, Wisconsin Auto Accidents.
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According to the National Highway Traffic Safety Administration traffic fatalities in 2008 are down 10 percent.  This is compared to the same period in 2007.  So, Americans were less likely to be killed on the road in 2008 as compared to 2007.

The NHTSA discussed the number of people killed in vehicle accidents:

August is the month with the highest fatalities (3,612), while March has the lowest fatalities (2,804) during the ten months. When compared to the corresponding months in 2007, the estimates each month reflect a downward trend. While fatalities fell by 2.5 percent in February and 1 percent in August, there were much more significant declines March through July, Septem-ber, and October.
 

 

I can’t comment on the relationship of the statistics, but the NHTSA also discusses how helmet use and seat belt use were up in 2008 as compared to 2007.

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan,  Plymouth,  and  Germantown.

If you’d like to submit a question or case please complete a case submission form.

Attorney Ed Wallis and the Mid South Trial Lawyer’s Blog December 15, 2008

Posted by Attorney Jonathan Groth in Personal Groth, Personal Injury Law.
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I just added Ed Wallis and his partner Tim Edwards’ blog to my list of links (on the right side of your screen).  Ed is a trial lawyer in Tennessee and an active member of the American Association for Justice (AAJ). 

Ed and Tim have a lot of good information on their blog and website.  I took special notice of their information about cribs and recent recalls:

In the wake of a recall affecting nearly 1.6 million cribs, federal regulators plan to institute new standards governing crib durability and hardware problems. A spokeswoman for the Consumer Products Safety Commission said that while voluntary standards have decreased the number of crib injuries and deaths, they have not fully addressed comprehensive durability standards. Durability and hardware issues have been at the root of five recent crib recalls, according to the Washington Post. Read more HERE.

Take a moment to check out Ed and Tim’s site.  It’s worth the click.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan,  Plymouth,  and  Germantown.

If you’d like to submit a question or case please complete a case submission form.

It’s That Time of Year December 10, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.
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Yep, time to watch out for dangerous toys.  Who knows what Mr. Mainway will buy for little Johnny or Sally.

I recently wrote a piece about this on Avvo.com.  I touch on Bisphenol A, Phthalates, lead and toxic toys.  Also, I mention the common problems with many toys, i.e choking hazards and following the age limits.

You can check out the “Legal Guide” here.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.

Click here to submit a Case or Question.

16 Too Many December 4, 2008

Posted by Attorney Jonathan Groth in Wisconsin Auto Accidents.
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Yes, I live in Wisconsin.  Yes, we get snow…sometimes lots-o-snow.  Yes, people are involved in car accidents because of the snow.  But, 16 in one morning?!?  Come on Wisconsin!  We are better drivers that that!

The Milwaukee Journal Sentinel reports that there were two serious injuries:

A 34-year-old West Allis woman is in critical condition after a two-vehicle car crash this morning on National Ave. near Oakdale Drive in the Town of Vernon, Waukesha County Sheriff’s Capt. Karen Ruff said.

“The roads were very icy,” Ruff said. The sun was shining so ice was melting, but it was also cold enough that there were still icy spots, she said. Some of the crashes on I-94 may also have been caused by people watching other crashes or following too close, she said.

These car accidents occurred during a 90 minute span.   Be careful Wisconsin!

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.

Click here to submit a Case or Question.

“Look Both Ways” December 4, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Wisconsin Auto Accidents.
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I’ve said that phrase a bazillion times the past few years.  Those with small boys will understand.  As a personal injury attorney maybe I’m a little (actually a lot) more worried about car versus pedestrian accidents.  I’ve handled a great number of cases where people walked across the street at the cross walk and not at the cross walk.   In short, always cross at the cross walk, even if it means walking a few hundred feet out of your way.

The reason I mention this is a blog post that Attorney Michael Pines of California wrote.  California has a new program called the “Safe Routes to School Program.”  It’s a good idea.  I don’t know of anything like it in Wisconsin.

In short Attorney Pines describes it as:

What the program intends to do is to create specific, easily accessible routes for children to walk to school with reduced dangers and hazards.  The routes include smaller traffic flow, safety barriers between pedestrians and traffic, lower speed limits in these zones, and in some areas, the restriction of auto traffic altogether.

I don’t know what the cost of the program would be.  But, in theory it sounds like a good idea.  Maybe some generous foundation could fund this?

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Fond du lac, West Bend, Kenosha and Wauwatosa.

Click here to submit a Case or Question.

Homeowner, Not Dog Owner, Responsible For Dog Bite December 3, 2008

Posted by Attorney Jonathan Groth in Dog Attack Information, FAQ Personal Injury.
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Wisconsin’s Court of Appeals held today that a homeowner whose friend lived with him for four months before the attack was responsible for the damages caused by the dog.  The Oshkosh Northwestern reported:

The dog bite statute holds persons who “own, harbor or keep” a dog strictly liable for any damages the dog causes.  A statutory keeper may be simultaneously liable with an owner.  The trial court concluded that at the moment of injury, the dog’s legal owner had control of the dog and, therefore, Seefeldt was not a statutory keeper under § 174.02.  We reverse the trial court’s ruling. 

The dog was one of 4 dogs at the residence.  The dog ran out of the front door, charged across the street and bit the victim three times causing 16 puncture wounds.

There was a dissent.  Judge Snyder argued:

That dog bite cases are decided on their particular facts and Seefeldt had relinquished her limited “keeper” status when Waterman ran after his dog.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan,  Plymouth,  and  Germantown.

If you’d like to submit a question or case please complete a case submission form.

Child Safety Seats Safe? December 2, 2008

Posted by Attorney Jonathan Groth in Personal Injury Law, Wisconsin Auto Accidents.
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You fly to Grandma’s house for Christmas with your kids.  With the increased prices of luggage these days you decide to NOT bring the kids’ safety seats.  You’ll just rent them.   It’s okay right?  These safety seats are safe?  They have to be safe.  If they weren’t safe the rental company wouldn’t allow the public to use them. 

Well, don’t assume anything.  Consumeraffairs.com wrote about a family’s recent troubles with their rental child safety seats. 

“Some seats were obviously missing parts. Some were obviously very old,” she told ConsumerAffairs.com. “We installed two of the better looking seats thinking that they were okay only to find that they were not working.”

So, what can a family on the move do?  Consumeraffairs.com recommends:

• Inspect each seat thoroughly for any evidence of cracking, twisting, worn harness webbing or broken buckles.

• Verify that seatbelts are threaded through the proper channels.

• Once you have latched the buckles, pull hard to make sure that they do not detach.

• Find the “birth date” label on the side or back of the seat, and don’t use a seat more than 5 years old.

• Get a copy of the car seat manual

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.

Click here to submit a Case or Question.

Troublesome Toys November 28, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.
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The United States Public Interest Research Group released a study entitled “Trouble in Toyland.” 

What caught my eye was the discussion of chemicals in our kids’ toys. 

Toxic phthalates: Numerous scientists have documented the potential health effects of exposure to phthalates in the womb or at crucial stages of development, including (but not limited to) reproductive defects, premature delivery, early onset of puberty and lower sperm counts. Effective February 2009, the CPSIA bans toys that contain concentrations of more than 0.1 percent of a toxic chemical called phthalates. PIRG found toys that contained concentrations of phthalates of up to 40 percent.

So what can you do to avoid these chemicals.  I previously wrote about BPA in baby bottles, cups and dishes.  Along with the advice from that blog I recommend you read PIRG’s study.  In part:

Avoid toys made of PVC plastic; which often contains phthalate softeners. Choose unpainted wooden or cloth toys instead. Read the labels of play cosmetics and avoid products with xylene or toluene or phthalates. All of these pose hazards, especially to developing children’s small bodies.  

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan,  Plymouth,  and  Germantown.

If you’d like to submit a question or case please complete a case submission form.

Worse than Drunk Driving? November 27, 2008

Posted by Attorney Jonathan Groth in Wisconsin Auto Accidents.
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According to a recent story by Milwaukee’s ABC affiliate teens who drive while texting have a reaction time that is worse than those who are under the influence of alcohol or marijuana:

A study found that reaction time for teens who text as they drive slows by 35 percent, which is worse than if they were under the influence of alcohol or marijuana.

According to the report 46% of teens admit to driving while texting.  Knowing teens, because I was one once, my guess is that number is low.

Senator Lasee will introduce a bill in January 2009 calling for fines for offenders and even jail time if someone dies because of a texting driver. This legislation failed last year.

Teen drivers need to consider the consequences of their actions.  Depending on the facts of the collision I don’t think verdicts including punitive damages against texting drivers are too far in the future.

Wisconsin’s Punitive Damages law states at Section 895.85 Wis. Stats.:

“The plaintiff may receive punitive damages if evidence is submitted showing that the defendant acted maliciously toward the plaintiff or in an intentional disregard of the rights of the plaintiff.”

How does this apply to teens who text?  Well, if a teen knows of the dangers of texting or has had near misses or accidents while texting then punitive damages may be possible under Wisconsin law.

The Wisconsin Supreme Court stated:

We conclude that the statute’s requirement that the defendant act ‘in an intentional disregard of the rights of the plaintiff’ necessitates that the defendant act with a purpose to disregard the plaintiff’s rights or be aware that his or her conduct is substantially certain to result in the plaintiff’s rights being disregarded.”

Parents watch your kids.  American Family offers a teen safe driver program.  More about this later.

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.

Click here to submit a Case or Question.

Happy Thanksgiving! November 27, 2008

Posted by Attorney Jonathan Groth in Personal Groth.
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I hope everyone enjoys their Thanksgiving. 

I’m thankful for all I have.  My family, friends and even my co-workers.  This Thanksgiving I encourage everyone to thank the men and women in the armed forces.  I’m thankful we live in the United States.

Wisconsin's Turkey Stamp