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Highway Motorcyclist Crash Settlement Reached

December 6, 2015 By Toni Schlapprizzi Leave a Comment

Couple blamed for highway motorcycle crash on wet roadway recovers nearly $2,000,000 settlement against a paving contractor and the Missouri Department of Transportation (MoDOT).

Husband and wife, John and Jane, had made motorcycle trips like this one a frequent occurrence and enjoyed them with some of their closest friends and family over long weekend rides to select locations. To them there was nothing better than jumping on their cruisers and just driving.

Their most recent adventure ended abruptly when John and Jane were involved in an interstate highway motorcycle accident caused by a defect in a construction zone recently re-laid with asphalt.

This defect is referred to as bleeding or flushing, which is an area of the asphalt mix where little or no aggregate is on the surface of the roadway, minimizing, and at times eliminating, traction between a vehicle’s tires and the road surface.  This bleeding/flushing defect results in slick surface areas, particularly when wet.  It is nearly impossible to see.

The couple’s bike lost control on the roadway surface, throwing the driver, John, into the cable barriers.  He suffered multiple bilateral leg fractures. Miraculously, Jane came away from the wreck with relatively minor injuries.  She provided tremendous support and strength to her husband in the years that followed that night.

After two years of medical procedures, physical therapy, and 10 surgeries, John is unable to return to his labor-intensive job, and he suffers with intermittent lightning bolt sensations in each leg multiple times per day. The wreck, endless hospital visits, and constant pain burden this fun-loving, gentle, sweet man.

Motivated by her husband’s insistence that “there must have been something wrong with that road” and the emotional, physical, and financial burdens caused by this accident, Jane reached out to Schlapprizzi Attorneys at Law. She stood by her husband and, as the only wage earner of the family, she found ways to cut back on spending, such as driving a moped to work to avoid the high cost of gasoline.

She, along with dear friends, gathered around in support.  Often, the impact an injury has on family members is overlooked; however, the impact is far-reaching.  Certainly, the most profoundly impacted in this case was John.

Upon investigation by Schlapprizzi Attorneys at Law and the help of a trusted highway safety expert, it was found that repairs were made to the area of the highway where John and Jane were injured.  The repairs came much too late; although the defect had been identified by both the contractor and highway department over ten (10) days before the crash, nothing was done until it was too late.   No warning signs or markers were located anywhere near the area in question; and the very same defect had appeared on this same highway project at different locations before the couple’s crash, and had been corrected promptly.

The construction asphalt company, hired by MoDOT to take the primary lead in making and placing the asphalt, settled earlier this year, and now the couple has resolved the remainder of the case with the Highway Department for the absolute statutory sovereign immunity cap set by the Missouri  legislature.

If you or anyone you know has been injured in a motorcycle accident please keep in mind that there may be multiple causative factors that played a part or were responsible, call Schlapprizzi Attorneys at Law at 314-241-0763 for a free consultation.

Missouri boasts pure comparative fault for cases just like this. Meaning, even if an injured person shares some fault in the incident (up to 99%), that individual is still entitled to recover compensation. For cases in Illinois, an injured person can own up to 50% of the fault and still recover compensation.

Filed Under: Blog, Premises Liability Tagged With: Motorcycle Accidents

Play it Safe with Independence Day Fireworks

July 1, 2015 By Craig Schlapprizzi Leave a Comment

Firework Safety

Click infographic to enlarge

At Schlapprizzi Attorneys at Law, Independence Day is one of our family’s favorite holidays. There is nothing like spending the day with family members and celebrating this great country of ours.

As some families are barbecuing and partaking in the festivities, others end up in the emergency room due to firework-related burn injuries. According to the National Fire Protection Association, far more fires are reported on Independence Day than any other day of the year; and two out of five of those fires are caused by fireworks.

As St. Louis, Missouri, burn injury lawyers, we want to make sure that you and your family have a happy and safe 4th of July holiday. We know how spectacular fireworks and firecrackers are—there’s something so miraculous about the sight—but it is crucial that you take safety precautions.

[Read more…]

Filed Under: Blog, Personal Injury

Mo-TLC Food Bank Tour of Missouri

April 30, 2015 By Toni Schlapprizzi Leave a Comment

Click the images to view the full article.

MO-TLC Food Bank KC

MO-TLC Food Bank

 

 

 

Filed Under: About the Schlapprizzis, Blog

How to Teach Your Children About Dog Bites

February 26, 2015 By Toni Schlapprizzi Leave a Comment

Dog Bites in MissouriDo you remember your first childhood dog? Do you remember how he would wait by the front door for you to come home from school? He would playfully bark at the mailman and wag his tail at the smell of your mother’s breakfast bacon. You recall your painful goodbye as he passed away at the veterinarian’s office. Your pup was your best friend, providing un-paralleled, unconditional love.

Recently, your own child has been begging mercilessly to add a dog to your burgeoning family. And while you want your son or daughter’s childhood to include dog ownership, as yours did, frequent news reports of dog bite attacks make it hard to give in and say yes to the plea.

Unfortunately, young children, infants, and the elderly fall victim to violent dog attacks far too frequently. The aftermath of these attacks can include severe injuries, scarring, and disfigurement. . Because of the amount of dog-attack fatalities, over 700 cities have now enacted breed specific laws to protect the general public. Pit bulls are notorious for their deadly maiming and ferocious attacks. Yes, some dog breeds are more dangerous than others, but dog breed isn’t the only determining factor of an attack. According to a recent study, owner behavior can be a predictive factor in whether or not a dog will attack.

According to the study, training techniques and methods can heavily influence how dangerous a dog will become. Puppy classes typically decrease stranger anxiety, and positive reinforcement training methods reduce the possibility of aggression. Positive reinforcement training methods would include providing rewards for good behavior. The dog would learn good behavior by the continued reinforcement of rewards, such as toys and treats. The earlier you train a dog in these ways, the more so you can combat aggressive tendencies.

When you and your family decide to add a dog to your family, you can consider this type of training, as well as what dog breed. We do not necessarily have control over the behavior of strange neighborhood dogs or pups found in a dog shelter. After watching countless ASPCA and Humane Society commercials, rescuing a dog from your local pet shelter seems to be a novel idea. But while you are giving a dog a better home, you don’t know what their previous home was like. How they were treated and trained in their past home will affect their disposition, despite their safe new abode.  While the puppy may seem meek and loving in the shelter environment, a new home can trigger stranger anxiety, sending your once beloved animal into frenzy.

We also don’t know how neighborhood pups are treated and trained. While they seem friendly enough in passing, in reality, they could have dangerous tendencies. They could be poorly trained or not even trained at all. They could be abused, taunted, or teased. Perhaps the dog is not properly fed. It is always best to assume the worst, even when the dog seems approachable.

How do we explain these risks to children without sparking an irrational fear? You don’t want your child to be afraid of all dogs, but you also want them to approach the animals with precaution.

The American Veterinary Medical Association provides a few tips about how to avoid dog bites. Here are a few good talking points worth discussing with your young children.

  • Avoid Unknown Dogs: Explain that while some dogs are friendly, it is best to assume that unknown dogs aren’t. Do not pet a foreign dog, especially when it is not with his or her owner. Be sure to tell your parents if you see a dog running around without a leash. The parents can call animal control or start the search for the pup’s owner.
  • If You Want to Pet the Dog, Ask: If you see a dog and owner, be sure to ask their permission to pet their dog. The owner should know if the dog is dangerous or not. The owner could also provide suggestions on how to pet their pup. Perhaps they love it if you scratch behind the ears or rub the belly. If the owner says that you cannot pet the dog, whether it is because they are a service dog or are dangerous, obey their wishes. They aren’t saying no to be mean. They are trying to protect you, which ultimately protects themselves as well.
  • When Petting, Don’t Pet Face or Pull Tail: If you do pet a dog, especially one that is not your own, avoid petting the dog near his or her teeth. Don’t taunt the puppy, either. Don’t pull their tail or do anything else that a dog typically would not like. When you start to pet them, start cautiously.
  • If a Dog Attacks, Don’t Run: If a dog approaches you in an aggressive way, stand still like a tree and do not provoke them anymore. Running away will make them want to chase you and most likely provoke them even more.

Hopefully by having this discussion with your children, you can avoid serious injury when it comes to dogs and other animal induced injuries, i.e. horses, cattle. At Schlapprizzi Attorneys at Law, we help people who have been severely injured from dog bites. If you have any questions about how to protect your family from this trauma or if you or your loved one has experienced it first hand, be sure to contact a St. Louis dog bite injury lawyer office. It’s crucial that you treat the threat of dog bites quite seriously. Whether you’re a friend or foe of animals, pet safety is important for everyone to learn, young and old.

Click here to read more about dog bite injuries and what steps to take after you or your loved one has been attacked.

To read about victims of dog bites and learn more preventions tips, be sure to check out Dogbites.org.

Photo Credit: greg westfall. via Compfight cc

Filed Under: Blog, Dog Bites

Medical Negligence- Malpractice-Caps-Limitations

February 4, 2014 By Don Schlapprizzi Leave a Comment

Here we go again— but wait, it is even worse!  Since our Missouri Supreme Court eliminated caps in injury malpractice cases, the insurance industry and its powerful allies in the Missouri legislature are presenting a bill to pass into law, a bill to eliminate entirely medical malpractice claims from the common law, but to instead, create a new legislative cause of action so that the legislature can then, on behalf of the medical profession, mandate whatever limitations on an injured person’s claim that they deem appropriate.  This proposed legislation is in direct conflict and a deviation from our historical system of jurisprudence, wherein this category of case always has been a part of the common law of our legal system, and the legislature has never been constitutionally permitted to interfere, because it is a basic violation of the separation of powers.  Even if there were judicial and constitutional precedent for this type of legislative action, it would be further unconstitutional for being “special legislation”, a denial of equal protection, a denial of our constitution’s “open courts” provision and most importantly a denial of the inviolate constitutional right to a trial by jury.
Whatever one’s stance might be with regard to the pursuit of legitimate medical negligence malpractice cases, such a law would be a profound deviation and exception to constitutional authority.  it is suggested that this legislation threat is undoubtedly a ploy to reenter a negotiation for reinstating caps on damages in a “trade off” for the legislature’s pursuit of complete obliteration of medical negligence-malpractice injury litigation.  Stay tuned!

Filed Under: Blog, Medical Malpractice, Medical Negligence, Personal Injury, Uncategorized

Read the Fine Print

May 29, 2013 By Don Schlapprizzi Leave a Comment

We all often face releases or waivers of liability in our daily lives, whether as patrons of professional sporting events, participants in extreme sports, such as bungee jumping and skydiving, or any number of other activities.  Frequently, we are required to sign a document before we are able to attend or participate in an event.  Be sure to READ THE FINE PRINT before signing a waiver or release to verify that you are not excusing another party’s own negligence (carelessness) in the event you are injured.  The law in Missouri refers to these phrases or clauses in contracts which release another party from future negligence as exculpatory clauses.  If written correctly, and signed by you, this clause will exonerate the other party from their future negligence that causes you injury.

In Missouri, such clauses are disfavored.  Therefore, the clause must be clearly and explicitly stated such that “there is no doubt that a reasonable person agreeing to an exculpatory clause actually understands what future claims he or she is waiving.” See Abbot v. Epic Landscape Productions a case from the Western District of Missouri Court of Appeals handed down in 2011.  As a tip, if the word “negligence” is used in a waiver or release, that is a red flag to you that you likely should not be signing the document.  In a recent decision from the Eastern District of Missouri Court of Appeals, a young snowboarder who was injured on the premises was denied his claim against the owner of the premises due to his signing of a waiver and release containing an exculpatory clause.  See Guthrie v. Hidden Valley Golf and Ski, Inc., et al.

Although difficult to avoid the consequences of signing an exculpatory clause, you should seek legal representation to review your case given the strong public policy in Missouri in your favor.

 

Filed Under: Blog, Personal Injury, Trial Attorneys, Uncategorized

Boating Accident Statistics: What to Know

May 21, 2013 By Don Schlapprizzi Leave a Comment

Are you celebrating Memorial Day weekend by boating on a lake? While boating accidents do not claim as many lives or cause as much damage as car accidents, they have the potential to be devastating.  While a boating accident can happen in any type of vessel, boating accidents statistics indicate that certain types of boats are more likely to be involved in accidents. About 58% of fatal boating accidents occurred in open motorboats, while canoes and kayaks were involved in 19%. Cabin motorboats were much safer, with only 10% of fatal accidents occurring in this type of vessel. Personal watercrafts, like Jet skis, were involved in 7% of fatal accidents and in 30% of all accidents that cause injuries.
Boating accident statistics indicate that the top five primary factors in boating accidents are operator inexperience, operator inattention, alcohol, excessive speed, and improper lookout. This means that most boating accidents are avoidable, many of them simply by paying attention and being a responsible, attentive driver. As in driving a car, having a driver who is distracted, impaired, or inexperienced makes it much more likely that an accident will occur and, if one does, that it will be a serious accident.  According to boating accidents statistics, a boat operator who has been drinking is the number one contributing factor to fatal boating accidents. It was reported as the primary factor in 16% of all boating accidents and as a contributing factor in up to a third. Boating under the influence (BUI) is a criminal offense in every state in the U.S. and is punishable by fines and jail time.
While boating can be a fun and relaxing hobby, it is important to note that boating is not 100% safe. As the boating accident statistics presented here show, taking safety precautions for you and your passengers is a vital part of being a responsible boat operator.

Filed Under: Blog, Personal Injury

Parental liability for torts committed by child

May 17, 2013 By Don Schlapprizzi Leave a Comment

Generally, a parent will not be held liable for the torts committed by their child.  However, there are exceptions to the general rule.  First, where the relationship of master and servant exists and the child is acting within the scope of his authority accorded by the parent.  Second, where the parent is negligent in entrusting to the child an instrument which, because of its nature, use and purpose, is so dangerous as to constitute, in the hands of the child, an unreasonable risk to others.  Third, where the parent is negligent in entrusting to the child an instrumentality which, though not necessarily a dangerous thing of itself, is likely to put to a dangerous use because of the known propensities of the child.  Fourth, where the parent’s negligence consists entirely of his failure to reasonably restrain the child from vicious conduct imperiling others when the parent has knowledge of the child’s propensity toward such conduct.  Lastly, where the parent participates in the child’s tortious act by consenting to it or by ratifying it later and accepting the consequences.  Should any exception apply, the long held concept of vicarious liability will kick in and the parent can be held responsible for the acts of his/her child.  For a recent discussion on the concept of vicarious liability in the parent-child relationship see the Eastern District Court of Appeals decision in Meier, et al. v. Schrock, et al. handed down on May 7, 2013.

Filed Under: Blog, Personal Injury, Trial Attorneys

Automotive Wire Harness Class Action Price-Fixing Lawsuit

May 5, 2013 By Don Schlapprizzi Leave a Comment

In 2011, a group of Honda and Toyota automobile owners filed a class-action lawsuit against eight auto-part suppliers after the federal government released information detailing an international price-fixing scheme that may have cost American purchasers and lessees millions of dollars in the form of inflated car prices over a 10-year period. The defendants supply automotive wire harnesses and related products in a wide range of Japanese and American built cars. Collectively, the defendants dominate the global automotive wire harness systems market. Wire harnesses are used to direct and control electronic components, wiring and circuit boards in automobiles.
Among the defendants is Furukawa Electric, who was cited in an agreement in which three of its employees agreed to plead guilty and pay a $200 million dollar fine for the company’s participation in the scheme, and three of its executives are currently serving prison time in U.S. prisons for their roles. The vehicles purchased by plaintiffs during this class period include a 2009 Honda CRV, a 2005 Toyota Prius and a 2008 Toyota Camry.
If you know anyone who may have purchased or leased one of the above stated vehicles, please contact our firm by phone at 314-241-0763.

Filed Under: Blog, Car Accidents, Trial Attorneys

Injuries in the Safety Zone and Craig Schlapprizzi on the Radio

April 23, 2013 By Don Schlapprizzi Leave a Comment

Craig discussed with Sportscaster, Jay Randolph, a case he handled involving a minor who was badly injured during an after school program. This ties into the topic Schlapprizzi Law Office discussed a couple weeks prior regarding the importance of buffer/safety zones in sports and fitness activities to prevent injuries.

Space is a treasured commodity in both athletics and recreation but it cannot come at the expense of safety. The empty space between actual playing surfaces and out-of-play areas is a safety zone. Inadequate safety zones or buffer zones in sports and recreation can expose athletes and patrons to needless and avoidable dangers that cause serious injuries.

A 2006 analysis of lawsuits claiming provider negligence in the conduct of programs of sport and physical activity (Dougherty, 2006) revealed a lack of a sufficient buffer zone was alleged to have been the primary cause of the injuries suffered in 21% of all surveyed cases. Inadequate buffer zones were the primary cause of injuries in:

• 83% of Tennis cases
• 67% of Basketball cases
• 50% of low organized games cases
• 40% of fitness activities cases
• 17% of softball and baseball cases

The point is, by providing adequate buffer zones one can drastically reduce the likelihood of participant injuries and lawsuits in many sports and activities.

Filed Under: About the Schlapprizzis, Blog, News, St. Louis, Missouri, Trial Attorneys

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Injuries in the Safety Zone and Craig Schlapprizzi on the Radio

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Highway Motorcyclist Crash Settlement Reached

Play it Safe with Independence Day Fireworks

Mo-TLC Food Bank Tour of Missouri

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