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How Angel’s Law Protects Albuquerque Residents From Vicious Dogs

July 27, 2017

Adopted by the City of Albuquerque in 2016, Angel’s Law aims to protect the general public from vicious dog attacks. The main goal of the lawmakers who drafted this legislation was to protect young children and other individuals lacking the ability to defend themselves from harm.

It’s believed that by holding individuals both civilly and criminally accountable for the actions of their vicious dogs, that it will have a significant impact on improving the safety and health of the most vulnerable sectors of our population.

Under the law, a dog is labeled as being potentially dangerous if it has already caused harm to either an individual or their companion animal before. In that case, the injury said to have been inflicted on either has been deemed to be one step down from the most serious type.

Additionally, any dog that displays aggressive behaviors, such as unprovoked chasing of another or threatens to jump the fence, may be labeled as being potentially dangerous as well.

In contrast, under Angel’s Law, dangerous dogs are described as ones that have been known to act aggressively without any provocation of any sort. These dogs have also inflicted serious injury or death on others. Any dog, with the exception of police dogs, that is observed either actively menacing or chasing an individual or their companion animal without some type of prior provocation, may be deemed to be dangerous.

Owners of a dog may be labeled as irresponsible in cases in which he or she exhibits behavior believed to be representative of someone who is not capable of either humanely or safely possessing an animal.

The city keeps a listing of known dangerous dogs, including its name, description and location on its website as one of the ways of trying to protect its residents’ safety.

If you’re been seriously injured or know someone that has been killed as the result of having been bitten or attacked by a vicious dog, then you may wish to seek out the guidance of lawyer. In reviewing the details of your case, an experienced Albuquerque dog bite attorney can advise you of your rights to reimbursement for medical or funeral costs, lost wages and other expenses.

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What You Should Know If Your Child’s Dentist Recommends Sedation

July 19, 2017

All parents are nervous the first time their child is put under sedation for a dental procedure. However, they don’t (and shouldn’t) expect it to be fatal. In some cases, however, children have died under general anesthesia or deep sedation while having dental work done.

Some of these tragedies occur because dentists and those controlling the anesthesia don’t adjust for differences between children and adults. Children have smaller airways that are more likely to become obstructed.

Another issue is that most traditional dental offices don’t have the equipment and resources to assist a child in distress, so crucial time is lost in getting help. That’s if the dentist and others involved in the procedure even realize what’s happening. Improper monitoring of a child’s vital signs and lack of proper training by those administering the anesthesia are two sources of anesthesia-related tragedies.

Sometimes kids seeming get through a procedure safely and start coming out of the anesthesia, so their parents take them home. However, his or her airway can still close up. That’s why proper recovery time at the dentist is essential. So is having another adult with you on the drive home to keep an eye on the child’s breathing. It takes children longer to fully come out of anesthesia than adults.

If your child’s dentist recommends deep sedation or general anesthesia for a procedure, don’t be afraid to ask questions. Find out about other options, like local anesthesia. If your child is very young, ask what the risks are of postponing the procedure. The head of the American Academy of Pediatric Dentistry says, “We advise members to use extreme caution when they’re looking at sedating a child less than 3. For those under the age of 2, I would recommend anesthesia be done in a hospital setting.”

Find out about the dental office’s and the dentist’s safety record and the experience and training of those involved. Find out specifically what your child will be given. Ask how your child will be monitored and by whom during and after the procedure. Ask if the procedure can be done in an outpatient clinic or hospital where a pediatric anesthesiologist and the staff can handle a potential crisis situation. If you’re not comfortable with the answers, take the time to get a second opinion.

If your child is injured or worse during a dental procedure, determine what your legal options are.

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Are The Albuquerque Isotopes Liable For Injuries To Fans?

July 16, 2017

A Santa Fe County woman recently filed a lawsuit against the Albuquerque Isotopes baseball club, seeking compensation for injuries she suffered when struck by a ball while attending one of their games. It would seem she faces an uphill legal battle. Fans who have been hurt – even severely – at sporting events have had a tough time getting restitution from professional teams, stadium owners, and other parties who might be held liable. According to Ballpark Digest, this is largely because state and federal courts recognize that “the potential dangers of attending a baseball game are well known” and that adequate warning is provided on signs throughout most parks.

Still, it is far from impossible to find success in such lawsuits. Injured fans have, cumulatively, been awarded millions of dollars for injuries suffered at sporting events. Yet it remains unclear how the present case will play out.

Did the Isotopes fail to warn fans about the dangers inherent in baseball games?

At the Isotopes’ game, the woman in question was “hit by a baseball while eating popcorn,” resulting in “painful injuries to her hand.” The Santa Fe New Mexican reports that her lawsuit alleges that the club failed “to erect protective screening to prevent baseballs from entering the seating area” and “failing to warn attendees of…the danger of sitting along the third base line.”

If the courts find that the club indeed neglected its duty to keep the premises reasonably safe, then the suit may indeed be successful. The odds are somewhat long, however. An article in the New York Times details the extent to which ball clubs have, traditionally, been shielded from liability. Cases where fans have suffered grievous injuries – concussions, shattered skulls, permanent blindness – have typically ended in favor of teams, leagues, and stadium owners, while the victims get no help for medical bills.

Indeed, as many news items have said, Major League Baseball has pushed back against simple-seeming measures – such as expanding and enhancing the netting around stadiums – that would make it safer to attend games.

What about injuries outside the ballpark?

The question of liability at sporting events is a unique one. But it’s important to keep in mind that, generally speaking, property owners are obligated by law to keep their premises safe. If a guest, visitor, or other user suffers an injury, it is often the case that the property’s owner or manager can be held legally responsible.

As with all areas of the law, it is impossible to predict what will happen in every given scenario. This is why if an individual in New Mexico is injured, whether at a ball game, in the stadium parking lot, or elsewhere, it is important to consult with an attorney to learn what legal remedies might be available.

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Safety Tests Show That Some Large Cars Are Safer Than Others

July 12, 2017

Many drivers feel safer in a large vehicle than in a smaller one. However, not all large cars are created equal.

In recent crash tests conducted by the Insurance Institute for Highway Safety (IIHS), only three large cars received the organization’s coveted “Top Safety Pick Plus” classification. The three vehicles that did this were the Toyota Avalon, Mercedes-Benz E-Class sedan and Lincoln Continental.

Surprising to some was the fact that the Tesla Model S failed to make the cut. Tesla, which is still new in the luxury car field, has touted its Model S as the safest car ever made. The automaker’s website describes it as “designed from the ground up to be the safest, most exhilarating sedan on the road.”

According to an IIHS executive, however, the car failed to perform well in the small overlap test. This test simulates a crash where the front driver’s side of the vehicle strikes an inanimate object like a telephone pole. In the test, the Tesla crash test dummy hit its head on the vehicle’s steering wheel. The seat belts were also found to be not strong enough.

Two other cars that were tested, the Chevrolet Impala and the Ford Taurus, also failed to earn the Top Safety Pick Plus label. Like the Tesla, they displayed problems in the small overlap test.

Despite these issues, the IIHS executive noted, “Large cars, by virtue of being large, are safer than smaller ones.” However, it’s important to do your homework before buying any car to determine what its safety record is.

If you are injured in a crash or a loved one is killed and you believe that the vehicle did not perform as it should have to protect those inside, it’s worthwhile to discuss your concerns with an experienced Albuquerque personal injury attorney. Regardless of whose fault the crash was, you may be able to seek compensation from the automaker.

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Tennis Star Facing Wrongful Death Suit After Fatal Crash

July 6, 2017

Just weeks before she was to head off to London to compete for the 20th time at Wimbledon, tennis star Venus Williams was involved in a fatal car crash. While Williams was not injured, a 78-old-man and his 68-year-old wife were. The man died approximately two weeks later from his injuries.

The crash occurred on June 9 in South Florida. According to authorities, Williams was going through an intersection in her SUV, traveling at approximately 5 mph, when the other vehicle hit her. The wife was driving, and her husband was a passenger.

Witnesses reported that Williams had entered the intersection on a red light, while the couple in the other vehicle had a green light. The police report said that Williams was “violating the right of way” at the time. The crash is still being investigated, but Williams has not been cited.

The couple’s daughter, however, has filed a wrongful death suit against Williams. The suit also details her mother’s injuries, which reportedly include “a cracked sternum, shattered right arm, broken wrist, hand and fingers.”

Williams, who had already expressed her “heartfelt condolences” to the family on Facebook, was questioned about the crash in a news conference at Wimbledon. She tearfully called it “devastating,” but was unable to continue with her answer. Reporters were instructed not to question her further about the crash.

Even if no traffic citations are issued or criminal charges are filed after a crash, victims and surviving loved ones can still pursue civil action against an at-fault driver. This can help them get compensation for medical bills, funeral costs, pain and suffering, lost wages and more. An experienced Albuquerque wrongful death attorney can provide guidance as you rebuild your life without your loved one.

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