New Hampshire DWI Injury Attorneys – Ryan Russman

New Hampshire saw only seven workplace deaths in 2008 — half as many as in 2007, according to the Bureau of Labor Statistics.

Although this is statistically fortunate for most employees, the Bureau cites the slowing economy as the main reason for lower death rates.  This, of course, is not necessarily a good sign for New Hampshire.  A down economy results in fewer employees in the workplace and fewer hours for those who have work.

[According to the Bureau of Labor Statistics, a fatality is a “workplace death,” if the employee was engaged in legal work activity or in an area as a part of his or her work requirements.  Deaths while commuting to or from work do not count in these statistics.  Neither do deaths from illness during employment (unless, of course, the employee's illness could be traced back to the work environment).]

The Bureau’s statistics on Occupational Injuries and Illness showed that rates of work-related personal injuries and illness also fell.  The time required to recover from these injuries, however, increased.

This brings up two issues: (1) deaths and injuries attributed to workplaces must have sufficient documentation in order to blame employers; and (2) there may be reasons why some employees fail to report accidents.

Furthermore, fewer workers and work hours result in fewer overall injuries and deaths, but perhaps even greater stress for those still on the job.

Again, these statistics cover only what was recorded and do not take into consideration injuries and illness unreported by either the employee or the employer.

While the economy may have impacted the number of employees and, therefore, the incidents of death and injury, it may also have affected the likelihood that either a worker or a business would report minor injuries or illnesses.

In fact, with a slowing economy it’s likely that some workers may choose not to report personal injuries for fear of losing a job.  This would support the idea that only the most severe personal injuries are being reported to employers, therefore decreasing the number of reports but increasing recovery time.

Conclusion: Workers need to remember that personal injuries should be taken seriously, especially if they are job-related, and should report them accordingly.  Laws and regulations are set up to support and compensate injured employees, even if the injury is minor.  A slow economy may influence statistics, but that same economy can affect individual workers who may put themselves at risk with higher stress.

Keep this in mind if you or a loved one is injured on the job. Regardless of fault, injuries and deaths at work need to be reported to help prevent future injuries on the job.

Statistics only tell part of the story. Injury prevention is really up to the employees who must report problems to maintain a safe and healthy work environment.

If you’ve been anywhere near a television recently, you’ve probably seen news covering the reveal of Charla Nash, the woman who was brutally attacked by her employer’s 14 year-old chimpanzee, Travis, in February of 2009. According to reports, Nash went to visit her employer, Sandra Herold, when Herold called to ask for her help in containing Travis. When Nash arrived, Travis savagely attacked her, causing her severe disfigurement including the loss of both eyes, both hands, her nose and her lips.

As a result, Nash has sued Herold for $50 million and the state of Connecticut for $150 million in a personal injury suit. Herold’s attorney, however, claims that since Nash was an employee of his client, the suit should be for worker’s compensation and not personal injury. By switching claims, the attorney may be able to shield Herold from personal liability and ultimately lower the possible award to Nash. This would also shift the focus from the duties of pet ownership to employer responsibility and compensation.

So how does this affect you? Although not everyone owns a 200-pound chimpanzee, the story certainly gives rise to questions regarding animal attacks, liability and personal injury suits.

Dog owners especially are targeted for personal injury laws regarding pets. According to the CDC, there are over four million dog bites every year and almost a million of these require some type of medical attention.  While we’d all like to believe that our beloved pets wouldn’t harm a soul, it’s important to recognize that, under stress, many animals will defend themselves and their owners through biting.

Leash and fence laws are designed to help protect pedestrians from unknown canines and to help shield owners from liability. In order to help protect both owners and civilians, some states even restrict the types of breeds allowed in certain districts and maintain strict liability laws.

New Hampshire Statutes Pertaining to Animal-Inflicted Injuries
New Hampshire happens to be one of the states with strict laws. Basically, if a dog attacks another person (and that person was neither trespassing nor committing a crime), the owner of the animal is legally responsible for the injuries caused by their dog. In short, the owner of the animal is financially responsible for all lost wages, suffering, medical bills and stress that result from the attack.

In general, a person injured from a dog bite in New Hampshire does not need to prove that the owner of the dog knew that the animal had aggressive tendencies or that the owner was in any way at fault or negligent. The law also covers non-contact injuries such as causing a biking accident by scaring the rider. It also covers damage to property or livestock including fowl, cats and other domestic animals.

The law does not, however, cover harm to individuals who were trespassing, committing a crime, harassing, tormenting, teasing, or harming the dog in any way. This is important information for dog owners who keep their animals properly contained and may be concerned about counter suits from trespassing individuals who get harmed on their property.

Pet ownership is both a great privilege and a huge responsibility. New Hampshire laws are designed to protect both the owner and the civilian and it’s important to understand your liabilities before acquiring a new pet. Dog bites are more common than most people recognize, so be sure to follow the regulations to protect yourself, your property and your dog.

Note:  The laws are even more harsh if you own exotic pets.  Be sure to read up on the laws and regulations regarding wild or exotic animals before adopting anything other than common domesticated animals.

Six years ago 18 year-old Brandon Patch died when he was hit by a baseball while playing in an American League baseball game in Montana. After years of legal battles, the jury finally awarded the family $850,000 in damages. The defendant: Hillerich & Bradsby, the makers of the the Louisville Slugger baseball bat.

According to the courts, the bat company failed to adequately warn users of the dangers of aluminum bats which, according to the company, supply more power in the game when compared to the wooden alternatives. According to the courts, these aluminum bats can cause a ball to travel faster and can apparently cause a baseball to become a deadly projectile.

The family claimed that the faster speed did not give their son enough time to react in order to avoid the ball. As a result, Brandon was hit in the head, ultimately causing his death. At the time of the incident, Brandon was playing as pitcher in the game.

Interestingly enough, the jury didn’t find that the Louisville Slugger was misused in anyway nor did they find it to be defective.

In the past it was assumed that players understood the risks associated with the sport of baseball and the potential dangers of bats and balls. The Montana case, however, brings about the discussion of placing warning labels on bats to give players a greater understanding of the dangers of baseball.

Debbie Patch, Brandon’s mother, had not expected a Plaintiff’s verdict, but instead hoped that other parents and players would become more aware of the dangers involved with aluminum bats. As a result of the court decisions, however, Patch hopes that more youth leagues would switch to using wooden bats instead of the aluminum ones that played a part in her son’s death.

This is not the only personal injury case against Hillerich & Bradsby, the makers of the Louisville Slugger. Last year a New Jersey family pressed charges against the bat maker after their son suffered brain damage after an injury during a baseball game.  He was struck by a line drive off of an aluminum Slugger bat similar to the one used in Montana. The New Jersey case is still pending in the State’s Supreme Court.

As personal injury cases become more and more complex, they begin to affect different areas of society. This one, for example, can potentially impact the entire sport of baseball all over the country. As a result of both the Montana and New Jersey cases, parents and students in New Hampshire might begin to see new labels on all kinds of sporting equipment. Louisville Slugger might be the defendant in this case, but it’s possible that cases for other sports might surface in the coming years.

In order to prepare for the changes in the industry, sporting equipment companies may begin to preemptively warn individuals of the dangers of using their goods. Although this will help protect the companies against personal injury suits, it may also change the nature of sports. With the Louisville Slugger cases, for example, parents in Montana, New Jersey, and even New England may begin adopting the practices of the professional leagues by using wooden bats instead of aluminum.

We’ll have to keep an eye on this to see how far and how fast this trend might go.