Archive for October, 2010

The life of a young musician, Youantis Wright, took a bad turn five years ago when he was severely injured in a tavern shooting. He finally received justice in Milwaukee County Circuit Court on June 3 when his attorneys at Hausmann-McNally, S.C.—Charles Hausmann and Michael Donovan–won a $1.7 million verdict.

On November 28, 2005 Youantis Wright just happened to be in at Remedies Bar & Grill, 5666 N. Teutonia Ave., with friends celebrating the production of his first CD. At closing time, he noticed a fight in the parking lot and, because he knew some of the people involved, he tried to stop the argument. Unfortunately, he was in the path of assault weapon bullets fired by the tavern’s security guard, Decosta Edwards. One of bullets tore through Wright’s chest and went out his back, causing injuries which almost killed him.

After being taken to Froedert Memorial Hospital where he had to be resuscitated several times, Wright endured months of surgeries and medical treatments to repair the damaged areas in his chest and torso. On June 3, Judge Charles F. Kahn found that Decosta Edwards was negligent the night of November 19, 2005 and ordered $500,000 for Wright’s past and future pain and suffering, $230,000 for medical bills and $1 million in punitive damages. The judge found that the defendant intentionally disregarded the Wright’s rights.

The bar owner, Suzana Ristic-Crumble declared bankruptcy just as the case was going to trial, to avoid facing the consequences of this action. Hausmann and Donovan, say the case definitely sends the right message. “For one thing, Youantis Wright deserves justice for his injuries,” said Michael Donovan. “The man who shot him only served five days in prison for the shooting that almost cost him his life and Youantis was not satisfied that was adequate punishment.”

“We are absolutely convinced that the trouble that comes from area taverns has to be stopped,” says Charles Hausmann. “Badly managed taverns are a blight on many neighborhoods–the root of many drug, alcohol and violence problems. We are sending notice that tavern and other business owners can be hit in their pocketbooks as well as face criminal charges,” he added. The firm has several other pending civil lawsuits aimed at holding businesses accountable for violence at their premises.

The firm’s Website is www.hausmann-mcnally.com

So far in 2010, 16 deaths were caused by dogs in the U.S. Eleven of the victims were little children. Fourteen of the deaths were caused by “family dogs.” Pit bulls and Rottweilers were responsible for 15 of the 16 deaths.

It was one of the worst dog-bite injuries he’s seen, said Hausmann-McNally Attorney Patrick O’Neill. The two-year-old boy’s face was torn, his skull fractured. The boy had been bitten by a dog– his grandparents’ Pit Bull. While he was recuperating, he contracted a staph infection in the hospital.  O’Neill represented the boy’s family in a case to obtain compensation for his injuries and losses. On August 20, 2010, the Milwaukee County Circuit court approved a settlement for the family of over $300,000, the maximum coverage of the homeowner’s policy that covered the incident.

Attorney Patrick O’Neill has handled over 50 dog-bite cases for clients during his career as a personal injury attorney. He has achieved settlement amounts from $7,500 to $305,000.

While, in O’Neill’s opinion, the amount is not sufficient to cover the life-long consequences of the boy’s injuries, he is satisfied that Hausmann-McNally was able to obtain maximum compensation for the child as the grandparents had little money or property to draw on.

After the experience of this case and others he has brought to trial, O’Neill said he cannot understand why people insist on keeping unsafe animals. “If they knew the law and its consequences, they would pay more attention to the selection, training and restraining of their animals.”

Dog owners need to be aware that their pet could get them into big trouble if they bite someone.  In Wisconsin, for example, the owner is strictly liable for the full amount of damages caused by the dog, subject to the defense of comparative negligence. However, Wisconsin law also recognizes that children under the age of seven are incapable of being guilty of negligence. For those children, the fact that the dog may have been teased or provoked is not a defense.

Wisconsin law states that if the owner knew that the animal had attacked or injured a person or property in a previous incident, then the owner is liable for two times the full damages. What many people do not know, O’Neill points out, is that even if the dog injures another dog in a fight, the owner could be liahle for double damages on subsequent incidents, if he or she had been notified. Further, the law provides statutory penalties up to $500 if the owner had no prior notice of the dog causing previous injury and up to $1,000 if the owner had notice.

Patrick O’Neill likes dogs, but has seen the serious injuries they can cause. Dog owners need to be vigilant in order to avoide the damage they can inflict, especially to children. Families need to know that sometimes the family pet can do serious harm.

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The Center for Disease Control and Prevention offers some useful recommendations for would-be pet owners.

(http://www.cdc.gov/homeandrecreationalsafety/dog-bites/biteprevention.html),

How Can Dog Bites Be Prevented

Before you bring a dog into your household:

• Consult with a professional (veterinarian, animal behaviorist or responsible breeder) to learn what breeds of dogs are the best fit for your household.
• Dogs with histories of aggression are not suitable for households with children.
• Be sensitive to clues that a child is fearful or apprehensive about a dog. If a child seems frightened by dogs, wait before bringing a dog into your household.
• Spend time with a dog before buying or adopting it. Use caution when bringing a dog into a house hold with an infant or toddler.

If you decide to bring a dog into your home:

• Spay/neuter your dog (this often reduces aggressive tendencies).
• Never leave infants or young children alone with a dog.
• Don’t play aggressive games with your dog (e.g. wrestling).
• Properly socialize and train any dog entering your household. Teach the dog submissive behaviors (e.g. rolling over to expose the abdomen and giving up food without growling).
• ŸImmediately seek professional advice (e.g. from veterinarians, animal behaviorists, or responsible breeders) if the dog develops aggressive or undesirable behaviors.

In a box

Dog-bite facts from the Center for Disease Control and Prevention

• 4.5 million people are bitten by dogs each year.
• Almost one in five of those who are bitten–a total of 885,000–require medical attention for dog bite-related injuries.
• ŸIn 2006, more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs.

When a dog bites someone, it can cause serious injury. Tearing of flesh, broken bones, infection, disfigurement can result. Often the injured party sues the dog owner to help recover from the loss and injuries incurred. In many cases, homeowners’ insurance is called upon to compensate victims for injuries inflicted at people’s homes. Uninsured dog owners may have to pay hundreds of thousands of dollars out of their own pockets and may lose their homes and other property as a result of court judgments.

Dog bite cases call for an attorney who has in-depth knowledge of your state’s laws. If you were injured by a dog, you need an attorney who knows the laws and who will investigate all avenues of recovery so that you receive maximum compensation for your injuries.

Call Hausmann-McNally, S.C., 800-227-6699.

As a service to our clients, Hausmann-McNally alerts you to potential safety hazards in children’s toys. Please check your equipment to make sure you are not using these recalled items.

Graco Strollers

Baby equipment manufacturer Graco is recalling about 2 million strollers after receiving reports that four infants died in the strollers.

According to the Associated Press, the Consumer Product Safety Commission announced the recall. It reported that four infants became trapped inside the strollers and were strangled. The deaths occurred between 2003 and 2005.

The products being recalled are older versions of the Graco Quattro Tour and MetroLite strollers made before 2007 and distributed by Graco Children’s Products Inc. of Atlanta, between November 2000 and December 2007. Due to the age of the strollers, they may have been acquired via hand-me-downs or second-hand sales.

If babies aren’t strapped into the strollers properly, they can slide through the opening between the stroller tray and bottom of the seat — where they can get stuck and be strangled. The Consumer Product Safety Commission also has five reports of infants becoming injured in the strollers.

If you think you may own one of these items, get the details on the recall by contacting Consumer Product Safety Commission at http://www.cpsc.gov/cpscpub/prerel/prhtml11/11015.html or contact Graco at (800) 345-4109 between 8 a.m. and 5 p.m. ET Monday through Friday.

Hausmann-McNally personal injury attorneys urges stroller owners to check their equipment.

Read on for another Hausmann-McNally alert.

Fisher-Price Recalls 10 million Trikes, High Chairs and Toys

Ten toddlers were reportedly injured by Fisher-Price trikes and Tough Trikes which are intended for children 2 to 5 years of age. As a result, the U.S. Consumer Product Safety Commission (CPSC} and Health Canada, along with the manufacturer Mattel, have recalled over seven million trikes which had disc-shaped or D-shaped “ignition keys.” 

The Tricycle “pretend keys” are located about 3 inches in front of the seat and protrude at least 5/8 inches above the trike’s body. Health Canada reports: “A child can strike, sit, or fall on the protruding ignition key, resulting in serious injury, including genital bleeding.” Trikes manufactured after June 16, 2010 are not included in this recall.

The Consumer Products Safety advises “immediately place the trikes out of children’s reach and contact Fisher-Price for a free replacement key.” They can be reached at (800) 432-5437 between 9 a.m. and 6 p.m. ET Monday through Friday or visit the firm’s website at www.service.mattel.com.

Other products voluntarily recalled by Mattel/Fisher Price include Baby Gymnastics Play Wall, the Ocean Wonders Kick & Crawl Aquarium, the 1-2-3 Tetherball, and Healthy Care, Close to Me and Easy Clean high chairs.

The recall list is at: http://service.mattel.com/us/recall.asp

The Consumer Product Safety Commission is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same products. Tell them about it by visiting https://www.cpsc.gov/cgibin/incident.aspx

If your child was injured by any of the products on the recall list, feel free to call our office at (800) 227-6699. Hausmann-McNally personal injury attorneys are ready to answer your questions.

Charles Hausmann
President
Hausmann-McNally, S.C.
Personal Injury Attorneys