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Boogaard’s Family Sues: Wrongful Death Lawsuits Explained

Recent news that the family of National Hockey League enforcer, Derek Boogaard (under contract for the Rangers at the time of his death) filed a lawsuit against the National Hockey League has everyone talking about the wrongful death suit and wondering exactly what it all means.

The suit, filed on May 10, contends that the NHL is responsible for the physical injuries and brain damage Boogaard sustained during six seasons as a league enforcer, as well as to blame for his addiction to prescription painkillers that ultimately took his life on May 13, 2011.

Boogaard was found dead of an accidental overdose of prescription painkillers and alcohol at the age of 28. It was also discovered posthumously that he had chronic traumatic encephalopathy (CTE), a brain disease caused by repeated blows to the head.

During the summer of 2011, three NHL enforcers including Boorgaard, 27-year-old Rick Rypien and 35-year-old Wade Belak died (all deemed suicides) from circumstances that many speculate were the result of occupational hazards associated with being an NHL enforcer.

What is a Wrongful Death Lawsuit?

If someone dies as a result of the legal fault, negligence, inattention, or carelessness of another person or entity (like the NHL), survivors of the deceased may choose to bring a wrongful death lawsuit. A wrongful death suit seeks to compensate the survivors’ losses.

In Minnesota, the lawsuit requires proof of pecuniary loss, which means the loss of income or other items that have monetary value and funeral expenses. This pecuniary loss extends beyond the loss of the deceased person’s earnings to any other contributions such as home or childcare, as well as the loss of comfort, companionship or love that the deceased provided.

Wrongful death claims can be brought in a wide variety of circumstances when a person is killed in an accident caused by another’s negligence. In Minnesota, for instance, wrongful death cases could include:

Work-related exposure to dangerous conditions/substances (like Boogaard)
Car accidents or public transportation accidents
Construction accidents
Medical mistakes
Product malfunction or defects

Individuals and entities such as companies and governmental agencies can be legally at fault for acting negligently (failing to act or respond within reason), and for intentional acts that lead directly or indirectly to a person’s death.

In the Boogaard family’s case, the suit alleges that, “On numerous occasions, the NHL allowed and encouraged Derek Boogaard, after suffering concussions, to return to play and fight in the same game and/or practice.”

Who May Sue for Wrongful Death?

In Minnesota, those eligible to file a wrongful death claim are surviving family members such as a spouse, children, parents, grandparents, or siblings of the deceased.

The Complexity of Wrongful Death Claims

Wrongful death cases can be complex and time-consuming, and they require substantial resources. Unlike a personal injury claim, all wrongful death claims are brought to the court by a trustee, who is usually a family member appointed by the court to represent the closest relatives of the person who died.

Wrongful Death Time Limits

All wrongful death claims in Minnesota must be brought to the court within three years of the individual’s death.

The Boogaard suit against the NHL was filed just in time to beat a two-year statute of limitations for wrongful death cases in the state in which it was filed. The Boogaard family had previously filed a lawsuit against the NHL Players’ Association last September that was ultimately dismissed as the result of a missed deadline for filing a grievance. The judge ruled that the family had waited too long to act.

Wrongful Death and You: What to Do

If you have lost a loved one as the result of someone else’s negligence, your first step should be to contact a Minnesota law firm you can trust. The experienced attorneys at Meshbesher & Spence will help you navigate the complexities of a wrongful death claim – competently representing your family with integrity.

Friday Night DWI Crackdown: Department of Public Safety Gets Serious

drunk-driving-minnesota

A record 160 arrests were made last Friday night for driving while intoxicated (DWI), despite repeated warnings from the Minnesota Department of Public Safety (MDPS) that law enforcement would be cracking down.

Authorities announced last Thursday that they planned to have 150 squad cars from more than 70 different agencies on the streets throughout the metro area to catch impaired drivers, urging folks to make arrangements for a sober ride ahead of time.

Twin Cities area drivers seemed undeterred by temperature lows in the mid-30s, overhead message boards cautioning drivers about “enforcement zones,” and MDPS’s own Twitter account announcing the crackdown ahead of time. MDPS even noted on their twitter feed in real-time, DWI arrests and accidents throughout last Friday night (driver names were not released.)

This special one-day DWI enforcement event, which included MDPS, Office of Traffic Safety, city and county agencies, Minnesota State Patrol and MnDOT was the largest coordinated DWI event ever and yielded nearly 100 of the 160 total arrests right here in the metro area. Extra DWI patrols were also scheduled in many other counties this weekend.

According to the Centers for Disease Control (CDC) alcohol impaired drivers put people at risk 112 million times per year. In Minnesota alone, there are 30,000 DWI arrests each year and 1 in 7 Minnesotans bear a DWI on their record.

With more than 100 deaths and nearly 300 serious injuries a year in Minnesota due to drunk driving, MDPS scheduled and publicized their imminent crackdown for fishing season’s opening weekend, in order to send a message to drivers about increased summer driving risks when DWI accidents and fatalities historically rise.

In the last five years, Minnesota saw 288 drunk driving deaths during May–August, accounting for nearly 44% of the state’s total drunk driving deaths.

What to Do if You See a Funnel Cloud: Tips for Safe Storm Driving

According to the Storm Prediction Center of the National Oceanic and Atmospheric Administration (NOAA), tornadoes spotted in Minnesota have dramatically risen over the years. During the 1980s, Minnesota experienced less than 200 tornadoes. That number doubled to 426 in the 2000s. Driving through a storm can be a frightening experience for anyone, especially if you see a funnel cloud in the near distance.

Why Funnel Clouds Are Dangerous

During tornado warnings, the safest plan of action is to stay off roadways and not drive anywhere. Tornadoes can be unpredictable and can easily change directions quickly.

The NOAA describes a tornado as the most violent atmospheric storm. Tornadoes are narrow, powerful rotating columns of air that extend from the base of a thunderstorm to the ground. A tornado can be recognized by its characteristic funnel shape that is made up of water droplets (condensation), debris, and dust. If this condensation funnel makes direct contact with the ground, it is considered a tornado. However, if the funnel cloud does not touch the ground, it is not technically a tornado.

The fierce, powerful winds inside a tornado’s funnel cloud spiral upward and outward, acting like a powerful vacuum. As the funnel cloud passes over and touches the ground, the sheer strength of the tornado can destroy everything, including homes and structures, in its forceful path.

What to Do If You Spot a Funnel Cloud

Even if you take all the necessary precautions while driving, the weather can change at a moment’s notice and you could find yourself face-to-face with a funnel cloud. If this happens, the first rule to remember is “do not panic.” It’s always important to stay calm and use common sense when faced with an emergency situation.

Follow these storm driving guidelines:

If you spot a funnel cloud nearby and think you are in immediate danger, do not attempt to outdrive it. Pull off the road or highway, and take immediate shelter in a nearby building or emergency shelter.
If you don’t have enough time to get away from the tornado and debris flies by and/or hits your car, immediately pull over to the side of the road/highway and park your car.
Remain inside your vehicle with your seat belt fastened. In order to protect your body, cover your head with your hands or a blanket and crouch down below the windows.
If you get caught in a thunder and lightning storm, do not touch any metal surfaces inside or outside your car.

Sometimes leaving your car might be a better, safer alternative. Use good judgment and check your surroundings before exiting your vehicle. If it looks like a funnel cloud could hit your car and you don’t have time to seek shelter, then carefully exit your car, move far away from your vehicle, and crouch or lie down in a low-lying area (such as a ditch). Protect your head with your hands, or with a blanket or jacket.

Be Prepared Before You Leave the House

The American Red Cross advises that when driving in severe weather, it’s important to be prepared for potential emergency situations. If you find yourself stuck in your car, you will have enough supplies to keep you safe and warm.

Always carry a disaster supply kit it in your trunk including water, a first aid kit, high-protein snacks, a flashlight, a warm blanket and/or rain poncho, a battery-operated radio with extra batteries, your prescription medication, etc.
Before you leave the house, tell a family member or friend about your route and the time you plan to arrive at your destination. If your car breaks down or you become stranded during a storm, someone will know your whereabouts and will be able to send help to look for you.
Make sure your mobile phone is fully charged before you leave the house.

Pay Attention to Local Storm Warnings and Road Closures

While driving in bad weather, tune into a local radio station to follow late-breaking storm and tornado warnings. Flashing signs used along Minnesota roads and highways are used to warn drivers about severe weather threats. If you pass one of these signs while driving and/or you happen to be caught in a storm, turn on your headlights and immediately exit the roadway.

In order to keep motorists safe during extreme storms and blizzards, the Minnesota Department of Transportation (MnDOT) closes roads and highways in order to prevent accidents and injuries. Pay attention to local road closures such as signs, barricades, and closed gates. For more information about Minnesota road closures during stormy weather, check out MnDOT’s 511 Traveler Information.

05 07, 2013 Meshbesher and Spence Attorneys Safety
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Nice Ride Program Gears up Again in Minneapolis

Minnesotans love their bicycles. Programs like the Minnesota Department of Transportation’s (MnDOT) “Share the Road” bicycle safety education program have been making it even easier and safer for Minneapolis bike enthusiasts to hit the road.

In fact, last year’s traffic statistics show Minnesota cycling accidents at an all-time low, since 2007. That’s why it’s a perfect time for the uninitiated to try out Minneapolis’ Nice Ride Program!

What is the Nice Ride Program?

The Nice Ride Minnesota program, a non-profit organization that provides public bike sharing in the Twin Cities, was born in June of 2010 with 700 bikes located at 65 stations – most of them close to downtown Minneapolis. Now in its 4^th year, Nice Ride is unveiling 24 new stations this season, for a total of 170 bike sharing locations throughout Minneapolis and St. Paul.

Nice Ride bicycles are available 24 hours a day, 7 days a week from April to November. All Nice Ride stations are removed from the streets during the harsh winter months and reopened in the spring. Though a limited number of Nice Ride stations reopened for this year’s season in April (they had to briefly shut down for storms throughout the month), the full fleet of 1,500 bicycles is expected to up and running by mid-May.

Popularity of the Nice Ride Program Steadily on the Rise

Nice Ride’s popularity was evident from its inception, averaging 761 rides per day in the first month it launched. One year later, ridership had grown to 1,207 rides per day. With last year’s addition of 30 new locations, the program saw its ridership jump again to 1,576 per day, and by August of 2012, Nice Ride had hit 500,000 total rides. Nice Ride is predicting they’ll crack their millionth trip by the end of the 2013 season. Could you be the 1 millionth rider?

How to Become a Nice Rider

To become a “Nice Rider,” visit the subscription area of the Nice Ride Program website at https://www.niceridemn.org/subscriptions/ and purchase a subscription. Subscriptions come in both daily and yearly increments (at a substantial discount over the daily rate), allowing you to try the program to see if it’s a fit before you move forward with an annual subscription.

Daily (24-hour) subscriptions can be purchased using your credit card at pay stations located at each Nice Ride location. The total cost to use the Nice Ride system depends upon a combination of your subscription rate, plus trip fees for any rides over 30 minutes. Daily subscribers are issued unlocking codes with their payment, while annual subscribers get a Nice Ride Starter Kit that includes a pocket system map, 24-hour passes for your friends, and a handy Nice Ride “key” that lets you access bikes at any station you choose, at any time during the season. Bikes can also be returned to any open slot at all Nice Ride stations in the system, making convenience a key ingredient in Nice Ride’s success.

Enjoy the ride!

05 02, 2013 Meshbesher and Spence Attorneys Bike Accidents
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Are Bike Lanes Making Minneapolis Safer for Cyclists?

According to the U.S. Census Bureau, Minneapolis bicycle commuters have grown by a little over 31% in the five-year period between 2006 and 2011, making us the #4 city for biking in the nation. However, those numbers only reflect those who choose to commute to work on their bikes. In 2012, Minneapolis Public Works and Bike Walk Twin Cities released bicyclist traffic count results that showed that bicycling in Minneapolis has increased by an overall 56% in the period between 2007-2012.

With all these cyclists hitting our roadways in ever-increasing numbers, the question becomes: Can Minneapolis provide a safe riding experience for all?

Minneapolis Bicycling Program

The Minneapolis Bicycling Program seeks to do just that, by not only encouraging those who live and work in the city to use bicycles as an eco-friendly and cost-effective way to travel, but also working to increase cyclist safety through education and creation of off-street biking trails. Ranked as one of the best bicycling cities in the country by both Bike Score and Bicycling Magazine, Minneapolis’ 92 miles of on-street bikeways and 85 miles of off-street bikeways have resulted in the city being awarded the League of American Bicyclists’ Bicycle Friendly Community Award.

Not Enough to Keep Bikers Safe

Despite such accolades, car vs. bike accidents continue to be of serious concern for most Minneapolis cyclists. That’s why the city came up with 2011 Minneapolis Bicycle Master Plan, looking for a 10 percent annual reduction in the number of bicyclist vs. motorist crashes. Their first objective was to analyze the past, looking at 2,973 cyclist-motorist accident records from the ten years between 2000-2010.

What they found was very telling – cyclists and motorists were nearly equally at fault for their accidents, with the most common cause of accidents from both parties being failure to yield.

Other primary conclusions from the data were:

Most crashes occur at intersections and along busy roads
Motorists are not seeing or yielding to bicyclists
Bicyclists are not riding in a predictable manner

One piece of good news to come out of this analysis was the direct correlation between the number of bicycles on the road and a decrease in the crash rate. As our cycling numbers have increased in Minneapolis, our crash rates have decreased – this is on par with findings in other cities where the increased numbers of cyclists work to make drivers more aware of their overall presence.

New Style of Bike Lanes and Markings Seek to Increase Cyclist Safety

The City of Minneapolis notes that in the past two years, they’ve doubled the miles of on-street bikeways, employing new types of bike lanes and markings in an effort to increase cyclist safety. But the question is, will these new markings do any good if drivers, as well as cyclists, are not well versed in their meanings and usage?

Shared Lanes, Bike Lanes and Cycle Tracks

Two new videos produced by the City of Minneapolis target both bicyclists and motorists in order to cultivate a better understanding of the rules of the road, new markings, and how to coexist on Minnesota roadways without ending up in an accident.

Bike Lanes:

http://youtu.be/eeDDYfUP4BU

Shared Lanes:

http://youtu.be/c7imwANUHDw

Cycle Tracks:

The American Journal of Public Health’s study recently found that cycle tracks were the safest bike route available, and that cyclists prefer to ride in them as compared to bike lanes on major streets. To learn more about cycle tracks, visit http://www.minneapolismn.gov/bicycles/cycle-track.

So, are new bike lanes and markings making Minneapolis safer for cyclists? Only time will tell. For now, it seems that the sheer numbers of cyclists joining Minneapolis roadways may help to keep car-cyclist accidents down, as the city does its best to protect cyclists and keep both drivers and bikers informed and aware.

For more on bicycle lane markers and what they mean, visit the city’s web page Understanding New Bicycling Markings.

04 29, 2013 Meshbesher and Spence Attorneys Bike Accidents
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Minnesota Teen Drivers – Tips for Staying Safe on the Road

Minnesota-Teen-Drivers

Traffic crashes are the leading cause of death for Minnesota teenagers each year. This number runs much high than other causes of deaths among teens — more than drug use, suicides, homicides, or other accidents. A lot of the reasons for the high death count is simple: distractions and driver inexperience that lead to making mistakes behind the wheel.

The top risks that factor into accidents and deaths include:

Lack of seatbelt use – The chance of surviving a crash is cut in half when motorists and passengers don’t buckle up.
Distractions – Inattention figures into a lot of crashes from teens. Included in distractions include passengers, use of cellular phones and electronic devices.
Night-driving and fatigue – A driver who has been in the seat for 24+ hours is equivalent to a person who has a blood-alcohol level of .10.
Excessive speed – Inexperience can lead to difficulty judging safe speeds and adjusting to driving conditions.

Teen driving laws in Minnesota:

All drivers and passengers need to use seatbelts with children in correct proper restraint. Anyone not following this law will be ticketed when stopped by law enforcement.
The use of a cell-phone — either handheld or hands free (except to call 911) — is illegal for drivers under the age of 18. It is illegal for drivers of all ages to use cell-phones for text messaging or internet while vehicle is in motion. (See below for tips on how to avoid cell phone use while driving)
It is illegal for anyone under 21 of age to drive after consuming any amount of alcohol. Drivers under 21 with a blood alcohol level of .08 or higher will face DWI laws and sanctions.
Underage drinking consequences include loss of license for at least 30 days and court fines. Teenage drivers with provisional licenses will have driving privileges revoked is a crash is caused due to an alcohol-related violation and will give up driving privileges until age 18.

While Minnesota has laws for the new driver, it is also important to rules established between teen and parent. Some steps can be taken to help a teen understand the importance of being behind the wheel of a vehicle.

Avoiding cell phone use while driving:

Place phone out of reach and turn it off before starting car
Make last minute calls before starting car
Ask a passenger to make and answer phone calls
Create a voicemail that tells callers you won’t answer calls or texts while driving
Ask friends and family not to call during expected drive times
If you must take/make a call, find a safe place to pull over for the conversation.

Established rules for newly licensed teens:

Communication – Setting and establishing guidelines is key when it comes to communicating rules, responsibilities, and consequences for a new driver.
Safety – Safety should always be a priority over convenience and haste. If accidents happen because of inexperience, reexamine driving privileges and augment practice time until driving skills improve.
Consequences – Talking about consequences may seem negative, but involving a teen in the rulemaking process will help them make better choices. The encouraged response is to limit privileges, and sometimes a written agreement strengthens the agreement.

Studies show that a driver’s greatest risks of accidents and citations occur within the first year of receiving a license. Within that first year, there are some levels of restrictions that can be implemented to limit these accidents.

Recommended restrictions for teenage drivers:

Level 1

Daytime driving only
Minimal stress driving conditions (low traffic and good weather conditions)
No passengers under the age of 21

Level 2

Limited nighttime driving that includes a curfew
Medium stress driving conditions (medium traffic volume and moderate weather)
Only one passenger at a time under 21

Level 3

Nighttime driving with no more than one passenger under 21
No more than three passengers under 21

Level 4

All road and traffic conditions approved
Adhere to passenger limitations

Level 5

Unrestricted privileges

As teen drivers gain experience, they demonstrate better decision making. Set rules, but allow the teen to gain this experience.

04 22, 2013 Meshbesher and Spence Attorneys Car Accidents
Safety
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Natural Gas and Your Home: Is It Safe?

Though high volume hydraulic fracturing, or “hydro-fraking,” to recover natural gas deposits in shale formations is a highly controversial issue with regards to its safety and environmental impacts, when it comes to the use of natural gas to heat your home, there is much less controversy.

The Safety of Natural Gas

Natural gas is a versatile, clean-burning fuel with an excellent safety record, favored by cooks everywhere. In fact, natural gas is often used not only to heat homes and cook meals, but it’s also used to heat household water, dry clothes, and even start a fire in the fireplace with the flip of a switch.

In its natural state, this non-toxic, colorless, tasteless and odorless gas (its odor is added as an olfactory warning of leakage) possesses a very narrow range of flammability, allowing for combustion only in concentrations of 4 to 15 percent per volume of air. Because it is lighter than air, allowing it to dissipate rapidly, accidental combustion is unlikely and its ignition temperature (1100 °F) is quite high – nearly twice that of gasoline.

All of these factors work together to make natural gas a generally accepted safe form of fuel for home use and for heating, but not completely without risk – especially if it is not used properly and safely inside your home.

Natural Gas: Risks

Like all energy sources, natural gas’s risks must be managed to ensure its safe and efficient use. The biggest risks to safe home use of natural gas are those posed by gas leaks.

Gas leaks usually happen as a result of faulty appliances or loose connections, and issues with service lines both inside and outside a home. These gas leaks are dangerous, because the presence of undetected gas in your home can lead to carbon monoxide poisoning, fire, or possibly an explosion.

Do you Smell Something?

This is why utility companies add the sulphury “rotten egg” scent to their gas, as an effective early warning sign. Other warning signs include hissing sounds and potential signs and symptoms of carbon monoxide poisoning like:

Headaches
Dizziness
Nausea
Breathlessness
Collapse
Loss of consciousness

If you’re using natural gas inside your home, it’s a good idea to install a carbon monoxide detector near your utility room to help decrease your family’s risk of carbon monoxide poisoning.

What to Do if You Suspect a Gas Leak

If you ever smell gas or suspect a gas leak in your home, take the following precautions immediately:

Do not attempt to locate gas leaks.
If the gas odor is strong or you hear a hissing noise, leave your home immediately. Do not use telephones of any type inside the home, including cordless, cell or landline.
Exit your home, getting a safe distance away, to call the fire department and have your suspicions professionally confirmed or cleared.
Do not turn on or off any battery-powered, rechargeable or electrical device that could create a spark, including phones, garage door opener, radios, TVs, or computers.
Do not turn on or off any lights or electrical switches, or unplug any appliances.
Do not use elevators.
Do not operate vehicles or power equipment where leaking gas is suspected.
Do not smoke or use lighters, matches or other open flames.
Be sure to ventilate your home immediately by opening doors and windows.

Remember, prevention is key in managing risk. Here are some tips to help minimize natural gas hazards in your home:

Regularly inspect your furnace or boiler.
Keep heat registers and cold-air returns clean.
Make sure your fireplace flue is clean and open.
Check air filters every one to two months, replacing or cleaning if necessary.
Inspect all gas appliances like stoves and clothes dryers for signs of wear or leaks like yellow flame, soot, or overheating. Check and remove any lint buildup in your dryer hose.
Have your gas appliances and furnace checked annually by a qualified professional.
Avoid using or storing paint stripper, laundry products, adhesives, or roadway ice salt in or around your furnace.

04 15, 2013 Meshbesher and Spence Attorneys Burns & Explosions
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Waterpark Safety Tips for a Summer of Fun

Summer’s fun in the sun inevitably includes some cooling down in pools and at area waterparks. Over 80 million people visit waterparks each year, and over 1000 waterparks nationally are required to comply with state and federal regulations for safety. Additionally, the American National Standards Institute (ANSI) has set nationwide industry standards for waterpark design, water quality, operations and staffing, and requirements training.

Summer Dangers

Even so, unfortunate accidents like the waterborne intestinal disease outbreak at a Duluth area waterpark last year have been reported at waterparks all over the country. While some involve contaminated water, others involve safety issues like small children getting trapped in water slide tubes, injuries such as scrape, scratches or puncture wounds sustained from slides and other equipment, and the increased risk of drowning or falling.

While most people who enjoy the waterpark’s facilities will have a fun and safe experience, it’s important to note that injuries and illness can occur at the waterpark, turning your summer fun into a bummer in the sun.

Waterpark Safety

The number one thing to remember here is that a body in motion always has a potential for injury. The safety guidelines below can help you to minimize your risk but, as always, when playing in and around water, risk intrinsically exists.

Rider Accurate Height and Weight

Many of the issues encountered by riders who have found themselves stuck in waterslide tubing could have been avoided if an accurate idea of the rider’s height and weight had been established before entering the slide. Many of the slide’s turns and slopes can only be managed if a rider has enough height or weight to keep the momentum going at the right pace. The height and weight requirements are there for a reason – not only for your safety, but for the safety of other riders who may sustain injury if they encounter someone stuck in an area of tubing during their slide. Since many injuries occur from rider positional issues, get in the correct position before you start down a water slide — face up and feet first.

Adequate Supervision

As a parent, attending a waterpark with your child is not all fun and games. Though the facility should have staff on hand to monitor safety and reduce risk, you are your child’s best safety advocate. Especially if you’re bringing a young child (anyone under 48 inches), one who cannot swim, or any child that is not a strong swimmer or who may be physically uncoordinated, make sure he or she is wearing a coast guard approved life vest. Many parks offer vests you can use. Supervise all children in attendance with you, at all times, no matter the water’s depth. Making sure you are within reach to help them recover during an incident is imperative, as is your ability to note the positions of lifeguards on hand, in case of emergency. All children should be instructed on correct positioning when riding the slide. Young children should be accompanied by a parent down the slide, with the parent riding just ahead of the child and then waiting to retrieve him or her at the bottom. The sheer size and volume of people at a waterpark make it important to use the buddy system – set an agreed upon meeting place, just in case you get separated. Never let your child wander off alone, no matter his or her age.

Illness

Water in the parks gets recycled with hundreds of children playing in it (at the height of the season) every day. This recycled water can often harbor bacteria that can make your child ill. Children with weakened immune systems should avoid waterparks altogether due to a common parasite called Cryptosporidium, which causes severe diarrhea. Infections of the eyes, skin, respiratory tract, ears and mouth can occur, despite the use of chlorine to disinfect the water. Be sure to instruct your children to avoid getting water in their mouths and never to swallow any. To decrease risk for everyone, shower before you head to the park, change diapers in designated areas – away from the pool – dressing infants in waterproof, leak-proof diapers, and take older children to the bathroom frequently. Wash your hands thoroughly after using the bathroom or changing a diaper. The CDC (Center for Disease Control) recommends that no one with diarrhea swim at a water park. All attendees should shower upon arriving home.

Proper Sun Care

If you’re at an outdoor waterslide or park, be sure to apply a high-SPF, waterproof (and tear free) sunscreen to your children’s exposed areas. Reapply liberally and often. Outfit your children with other protective gear such as hats, sunglasses and light loose shirts and cover-ups to protect them from the sun, when not in the water. Water socks/shoes with non-slip soles are highly recommended in the water park. Children can get heat exhaustion easily, as they have a tendency to get excited and overwork themselves in the heat of the sun. Monitor their sun exposure carefully, offering plenty of water throughout the day, making sure that they take appropriate rest periods and rehydrate even if they are resistant. Heat stroke can come on suddenly, so watch for dizziness, disorientation and nausea.

Follow Rules and Instructions

Signage, rules and instructions at a waterpark exist for your protection. Instruct all riders to listen carefully to all instructions and abide by all waterpark rules. This will greatly reduce the chances of an accident occurring. Keep all younger and shorter children within their designated areas. Before riding or allowing your child to ride, read any signs posted to check for height, age and swimming ability requirements, as well as water depth. Do not allow any running through the park – wet surfaces and running or horseplay do not mix. Park rules apply to everyone, so adults should be certain to read and apply all signage and advice as well. Pregnant women or those with back, neck and heart conditions may not be allowed to ride the slides, and instead are advised to use sedentary areas like the wave pools.

By taking the time to implement the things on this list, you can help ensure your family’s safety at waterparks and decrease risk while increasing enjoyment for everyone.

04 09, 2013 Meshbesher and Spence Attorneys Safety
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Ensure Safe Summer Driving with a Spring Vehicle Check

With the snow season tapering off and the temperatures slowly climbing, there’s no time like the spring to get your vehicle in tip-top shape for the demands of summer. According to AAA, an estimated 7.9 million motorists become stranded between Memorial Day and Labor Day. We all know that Minnesota’s harsh winters can take a toll on your vehicle!

Increased rainfall paired with potholes (as a result of tough winter conditions) affect the number of road hazards you’ll need to avoid, not to mention the uptick in road construction necessary to fix these problems.

Without a doubt, spring is the perfect time to perform a basic vehicle check. Here is a list of steps you can take to ensure safe driving, before you head out on those long summer road trips.

Spring Vehicle Inspection Checklist

Tire Inspection

According to AAA, there are 1.1 million flats reported nationwide each summer. This is at least in part due to shifting temperatures, which can affect tire pressure dramatically. The National Highway Safety Administration warns that tire failures – especially blowouts – are typically associated with rollover crashes. Both under-inflation and overloading increase heat build-up in tires.

That’s why the 15 minutes or so you spend inspecting your tires today could end up saving our life tomorrow. First, use a good-quality gauge to check your tire pressure when they’re cold (meaning the car has not been driven recently). Be certain that all tires, including your spare, are inflated to vehicle manufacturer’s specifications. Next, inspect the tread depth, wear, and overall condition of your tires.

Car Battery

Check the condition of your battery visually first, looking for leaks or build-up on connections and inspecting battery cables to see that they’re securely attached to the terminals. If you spot signs of corrosion, clean the terminals, disconnecting the cables to remove external corrosion as well as cleaning hidden areas that may make contact with the battery terminals. Stop by your local auto shop and have them run a test on your battery to find out how much life you have left.

Fluid Levels

Just like with your skin, winter weather can leave your car feeling parched. Check the state of your oil, transmission fluid, brake fluid, power steering fluid, wiper fluid and coolant for signs of depletion or grime. Remember to check the oil when your engine is cold, in order to get an accurate reading.

Wiper Blades

Wiper blades take a beating in the winter and spring in Minnesota. The life of your wiper blades depends upon the amount of driving you’ve done in poor weather conditions, but typically 6 to 12 months is the average lifespan of their rubber inserts. If your blades are streaking, showing wear or making noise as they move across your windshield, it’s a good bet they need to be replaced.

Lights

You’re going to need a partner for this one. Test to be sure that all the lights on your vehicle are in good working order. Have someone watch as you test to see that your headlights, taillights, brights, hazards, and turn signals are functioning properly. Replace any bulbs that may be out or dimming and check all wiring to ensure that your malfunction is not a simple disconnection in the wires.

Brakes

This is the most crucial check of all, especially for Minnesotans. According to the University of Minnesota Water Resources Center, Minneapolis-St. Paul uses 260 pounds of road salt per person each winter. This salt can lead to corrosion on your brake parts. If your brakes aren’t gripping the way they should, if your vehicle is pulling to one side when you hit the brakes, if there are squeaking or grinding noises, or your brake pedal feels too soft or loose, these could be signs that you need to have your brakes replaced or the braking system professionally inspected.

By doing your car inspection now in the spring, you can ensure your summer is worry-free and full of fun when you hit the road.

04 04, 2013 Meshbesher and Spence Attorneys Car Accidents
Safety
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Biking and Concussions: Recognize the Symptoms

Cycling is a popular recreational activity and some Minnesotans’ preferred mode of transportation. More than half of us ride a bike throughout the year. However, riding a bike on Minnesota roadways also comes with its own set of risks and hazards. According to the Minnesota Department of Public Safety, 942 bicyclists were injured in accidents in 2011.

Concussions and Traumatic Brain Injury

When you fall off your bike, road rash is the least of your worries. Even if you wear a properly-fitted helmet, there is no guarantee that a helmet will prevent you from sustaining a head injury. The Centers for Disease Control and Prevention (CDC) defines a concussion as “a type of traumatic brain injury (TBI) which is caused by a jolt, blow, or bump to the head.”

Even the aftermath of a mild concussion could be serious and even life-threatening. Sometimes cyclists continue to ride their bike because they don’t experience immediate symptoms after they fall. According to Dr. Anna Abramson, co-founder of the Medicine of Cycling and from the University of California, San Francisco, cyclists don’t always lose consciousness as a result of concussions, and sometimes physical, emotional, and cognitive symptoms may not show up for days or even weeks.

When to Seek Medical Attention: Warning Signs of a Concussion

The USA Cycling website recommends that after a fall or crash on your bike, you should be immediately evaluated by a medical doctor. Remember to show your damaged helmet to your doctor. This will help the doctor determine the severity of the impact. Make sure the doctor examines your entire body and not just your head.

It’s important not to wait too long to be examined by a doctor. Watch for these signs and symptoms that could indicate a concussion.

Dizziness
Nausea and/or vomiting
Severe headache
Loss or change in consciousness
Cognitive issues – confusion and slow or slurred speech
Inability to swallow
Forgetfulness and/or amnesia

If you experience severe symptoms (as indicated below), call 911 immediately or go to a hospital emergency room.

Clear fluid leaking from nose or ears
Inability to walk in a straight line
Seizures

If you are unable to transport yourself due to your injuries, ask a friend or family member to drive you to the hospital. It’s dangerous to drive after a concussion, as you could faint or have a seizure.

Follow-Up Care After a Concussion

If you experience severe fatigue as a result of your concussion, get plenty of rest. However, The American Academy of Family Physicians recommends that a patient should be awakened every two hours during the first 24 hours after their concussion to watch for signs of brain trauma.

The American College of Sports Medicine suggests complete rest and no physical activity after your concussion as your brain needs time to properly heal. During your recuperation, follow all your doctor’s instructions. Wait until your symptoms have cleared before resuming normal, daily activities, which includes taking medical leave from your job or school.

For more helpful tips about what to watch for if you suspect a concussion, check out the American Association of Neurological Surgeons website.

03 27, 2013 Meshbesher and Spence Attorneys Bike Accidents
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