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November 01, 2015

High School Sports Injuries: Who is Liable?

Millions of students across the United States participate in competitive sports through their schools each year, and as a result, many of them are treated for sports-related injuries. Generally speaking, these injuries are almost always minor, but what should you do if your student-athlete incurs something more serious? Who is responsible for the associated medical costs?

Tagged: Insurance, Juvenile Law, Legal question, Negligence, Personal Injury

October 29, 2015

The Legal Ramifications of Cyberbullying

With the emergence of modern technologies, the problem of bullying has been redefined, and it has certainly become much harder to control. Cyberbullying and other forms of online harassment are a very real occurrence, but until relatively recently, the laws have failed to address the issue.

Tagged: Criminal Law, Juvenile Law, Personal Injury

October 25, 2012

Can Bankruptcy Wipe Out Child Support or Alimony?

No. Domestic actions such as child support, alimony, maintenance, and other obligations cannot be discharged through any type of bankruptcy. If you are receiving support through any of these methods, know that it cannot be erased.
However, if you are the one paying child support, alimony, etc and have gotten behind on these obligations, possibly facing legal action - filing a Chapter 13 bankruptcy can be used to protect you and provide a way for you to catch up the support over an extended period of time while getting you back on track with the current requirements. The Chapter 13 bankruptcy can also assist you in getting your license back and addressing other possibly penalties you have may have already incurred due to failure to pay support. There are times when job loss, cuts in pay, etc can impact your ability to provide support so filing a Chapter 13 provides an opportunity to get things back on track and in order for the benefit of everyone.
**Image courtesy of smarnad/FreeDigitalPhotos.net**

Tagged: Bankruptcy, Juvenile Law

July 13, 2012

Child Dies of Medical Negligence When Doctors Won't Listen

An 11 year old boy died recently of sepsis (blood poisoning) and it appears the doctors who treated him are to blame.

The 11 year old, Rory Staunton, sustained a small cut on his arm during basketball practice. The cut was mentioned to his parents in passing while they were picking him up from practice. By bedtime, Rory was already feeling ill. At midnight, he awoke vomiting with a fever and pain in his leg. His parents took him to their pediatrician in the morning but she assured them the cut had nothing to do with his symptoms. She sent them to the emergency room. The doctors there diagnosed him with the flu and sent him home with Tylenol. (The doctors noted symptoms of sepsis at this time).

Tagged: Juvenile Law, Medical Malpractice, Negligence, Personal Injury, Tort Law

May 15, 2012

Overloading, Low Tire Pressure, Wrong Tires Cited in Mississippi Fatal Crash

A tragic accident occurred over the weekend in which three (3) Jackson, Mississippi children were killed and 7 others were injured. A preliminary investigation revealed that a Ford Expedition was carrying 10 people, two more people than recommended by the manufacturer. The investigation also showed that the tires on the vehicle were not the correct size. In fact, the tires on the vehicle were not capable of carrying the weight of the vehicle, occupants and luggage. Finally, the left back tire had low tire pressure resulting in a blow out. Once the tire blew out, the driver was apparently unable to control the vehicle leading to the crash. Sadly, none of the occupants were wearing safety restraints and the children were not in child safety seats.

It is critically important to follow the manufacturer's guidelines for tire size, pressure, and occupancy loads. In today's world, we get too busy to check such things or entrust them to others. If we can learn anything from this tragic accident it should be that vehicle maintenance is imperative. The most precious cargo we carry day after day is our family. Please take time to check your tire pressure when going on long trips or even day to day driving. Check to make sure the tires you have on your vehicle are the correct size. Lastly, please fasten your safety belts and make sure your children are properly restrained. Routine maintenance and safety belts can be a lifesaver.

Tagged: Automobile Accidents, Juvenile Law

January 27, 2012

Targeting New Users: Google+

Children as young as 13 will be allowed to be a member of Google+, a social networking service similar to Facebook, according to executives at Google. After 6 months of "testing" their privacy settings, Google made the decision to allow teenagers to become members.

Tagged: Civil Law, Criminal Law, Juvenile Law

November 29, 2011

Mississippi Teens' Car Accident Stats Grim

I usually like to write entries that are light hearted and amusing (at least to me). But this is a very somber article because it deals with the loss of children. The Clarion Ledger had an article today discussing driving accidents involving teenagers and young persons in general. The Jackson, Mississippi area has been devastated recently with car and truck accidents involving young people. The families of those lost will feel this pain for as long as they are alive. As a parent of a soon-to-be driver I am already worried about my son driving. So what can we do to help our children become better drivers?

-First and foremost, no cell phones/texting while driving! Studies have shown that texting while driving is more dangerous than being under the influence of alcohol.

-Absolutely zero drinking and driving. Parents who allow their underage children to drink, and yes there are some that do, are not only encouraging poor decision making but are also endangering their children's lives and those who ride in a car with them or those of us on the highways.

-Reduce night driving. A recent study showed that driving more than 3 hours at night have the same effect as drinking. This is especially relevant during the holidays as we have so many college students coming home for Christmas break.

-Wear seatbelts at all times. And this goes for the passengers as well. How many times do we have to read about an accident where the occupants were ejected from the car because they weren't wearing their seatbelts? Buckle up!

Tagged: Automobile Accidents, DUI, Juvenile Law, Negligence, Personal Injury, Tort Law, Truck Accidents

July 22, 2011

Louisville Slugger Lliable in Wrongful Death

As a baseball coach for my son's U8 Coach Pitch team, today's article in the Clarion Ledger concerning a lawsuit against the Louisville Slugger bat company caught my attention. Brandon Patch was pitching for his Helena, Montana American Legion baseball team in 2003. He was struck in the head by a ball and died. He was only 18 years old. The Clarion Ledger article lacked facts so I found the original newspaper article which provided much more detail.

Brandon's family filed suit against Hillerich & Bradsby, the makers of the Louisville Slugger line of bats. A jury ruled against Hillerich & Bradsby and ordered them to pay damages in the amount of $850,000 for Brandon's death. The jury found that the company was responsible for not placing a warning label on the bat. The company appealed the decision but yesterday an appeals court upheld the judgment.

My son and his friends are at the age where a coach pitches the ball to them. The league is aptly named "Coach Pitch". It should be renamed "Coach Pitch, Then Duck"! I cannot tell you the number of times that these 7 year old kids have crushed a baseball that has come within inches of a coach's head. The baseball bats these kids are using are nothing short of rocket launchers. The barrels of the bats are as big as high school or college bats but they make them shorter and lighter for the kids. As a result,the Dads need to be light on their feet.

The technology got so advanced that colleges and other youth baseball governing bodies were forced to pass new legislation to limit the materials in the bats, Bats now have a BPF, bat performance factor, which establishes a method of measuring how a ball jumps off of a bat compared to how a ball rebounds off of a wall at a controlled speed. BPF is simply the increase in the liveliness of a ball hitting a bat compared to throwing a ball against a solid wall (i.e., 20% faster rebound = a BPF of 1.20).

Tagged: Juvenile Law, Negligence, Personal Injury, Products Liability

July 20, 2011

Curfew Laws - Teen Rights

Across the United States a new trend has developed. Teenagers have been using social media to communicate with one another on where groups will be "hanging out" during the summer nights. While this sounds like a simple way to just "spread the word" amongst teenagers, law enforcement has been eavesdropping with their own social media profiles and finding out where and when these "impromptu parties" are being held. Obviously, some residents of a particular area don't particularly like large groups of kids hanging out around their neighborhood. So they cal the cops if they aren't there already.

Tagged: Civil Rights, Juvenile Law

June 14, 2011

Mississippi Parents' tips on Keeping your Child away from Porn on the Internet

The World Wide Web has dramatically changed our world. Information is now at the touch of a button. Online sexual predators are too. Here are a few warnings signs that your child may have a problem with pornography on the Internet:

Your child is hiding disks.

Your child spends an inordinate amount of time on the Internet or is online late into the night.

Your child uses computer files that end in .gif or .jpg. These are picture files that may contain the latest Hubble telescope photos or pornographic material.

You discover unusual charges on your credit card statements. Be especially suspicious of phone charges that identify themselves as "Web Site." Many pornographers don't provide their names to avoid raising parental concern.

Your child quickly changes the computer screen when you enter the room.

Tagged: Criminal Law, Juvenile Law