Dylan DeLeon, 3 at the time of the incident, suffered severe lacerations to his face in October of 2004, when he and his siblings were walking through a spinning tunnel in the Amazing Chicago Funhouse Maze at Navy Pier. DeLeon became trapped under a metal walkway while going through the tunnel, and sustained a substantial crescent-shaped cut to the right side of his face; spanning from his mouth to his ear. DeLeon’s facial injuries required the removal of multiple teeth, as well as reconstructive surgery. The Monday following the accident, DeLeon’s mother retained a personal injury attorney and filed a civil claim against the owners of the Attraction, Amazing Ventures, LLC, for her son’s pain, suffering, and extensive injuries. An investigation indicated that an alarm on the attraction did go off when the small boy was drug under the walkway, but how the boy got over the 42-inch safety fence is still inconclusive. Although proper safety measures were exercised at the time of the incident Amazing Ventures, LLC did not have the proper permit to operate the attraction that DeLeon was injured on, and in addition, “They [Amazing Ventures, LLC employees] just kept asking questions. They said they had to see how badly he was hurt before they’d call for medical (help). It took 20 minutes for an ambulance to arrive,” according to a relative of DeLeon.
Legal information about this case can be and cases comparable to this one can be emailed here. Below is a link to the full article, courtesy of the Chicago Tribune:

 

 "Family sues over funhouse accident"

 

 
Legal Commentary

Although the incident occurred nearly a decade ago, this case is a prime example of how important it is to consult with an attorney and to pursue a civil suit when a victim is injured as the result of another responsible party. Although safety precautions were present at the time of this accident, the company responsible for this incident did not have the proper permit to operate such an attraction. Without proper permits there is no way to guarantee that attractions, like the one mentioned above, are being operated efficiently and in the safest manner possible. Furthermore, lack of permit can also deem the company liable for any injuries that customers sustain while utilizing their rides/attractions. Filing a civil claim in a scenario like this one would ensure that the victim/victim’s family is not burdened with costly medical bills, and serves as a means for compensation for the pain and suffering the victim experienced. Questions regarding potential personal injury claims can be directed to the Fears | Nachawati Law Firm by clicking here, or by calling our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in personal injury accidents, automobile accidents, wrongful death lawsuits, work place accidents, and product liability claims throughout the United States. Mr. Nachawati has resolved numerous personal injury accident cases through trial and settlement that have resulted in seven and eight figure confidential settlements. He is licensed to practice before the Supreme Court in multiple states across the U.S., and is a member of the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer by Thompson Reuters’ Super Lawyers Magazine for the past four consecutive years for legal excellence, in connection with personal injury cases and automobile accidents. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email or by calling 1.866.705.7584.

 

 

Lauren Mitchell, 13, was injured on Thursday, October 10, 2013 while walking through The Boneyard haunted house in Arlington near Six Flags Mall. The incident occurred when an employee dressed as a clown in the haunted house jumped out to scare Lauren and her mother; upon which the employee poked Lauren in the eye. Lauren’s mother, Sandy Mitchell, requested to speak to the manager after the incident, but claims that the manager “…wasn’t really interested.” After taking Lauren to the Las Colinas emergency room later that night, it was discovered that she sustained a burned cornea from the accident. At present, neither the owners nor the management of The Bone Yard haunted house have returned any of the Mitchell’s phone calls or emails. Legal information pertaining to this accident can be emailed  here.

Below is a news clip that further elaborates on the incident, courtesy of wfaa.com:

 

 

 

 

Legal Commentary

It is always unfortunate when an individual is injured at an attraction that is supposed to be safe and enjoyable; even more so when the party who is responsible is non-cooperative in mitigating the situation. In this scenario, it would be in the victim’s and her parent’s best interest to pursue a civil claim against the owners of the haunted house for the unnecessary pain and damage the victim sustained to her eye while touring the attraction.

From a civil standpoint, our firm has represented numerous individuals and families who are involved in personal injury accidents, such as the situation mentioned above. The Mitchells should most certainly consult with an attorney to file a personal injury claim against the owners of the haunted house. This child could have a potentially long term eye condition as a result of this incident, and therefore, deserves to be properly compensated for her pain, suffering, and medical expenses she and her family will incur from this unexpected incident. Filing a civil claim will eliminate the financial burden of experiencing an accident like this, and will give the family more time to focus on making sure this child recuperates from her injury.

Further questions can be directed to the Fears | Nachawati Law Firm by clicking here, or by calling our office at 1.866.705.7584.

About the Author

Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in personal injury accidents, wrongful death lawsuits, work place accidents, automobile accidents, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous personal injury cases through trial and settlement that have resulted in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas, and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four consecutive years for legal excellence, in connection with personal injury and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email or by calling 1.866.705.7584.

For most people, the 4th of July is an enjoyable and relaxing holiday. For the thousands attending the fireworks show in Sumi Valley, however, the day ended in a terrifying and stressful way when the city-sponsored show went horribly wrong. Almost 10,000 people were in attendance and eagerly awaiting the start of the show when most attendees noticed that the fireworks stopped shooting into the sky, sending the pyrotechnics into the large crowd. The wooden platform holding the live fireworks tipped over just as the show began, directing the fireworks straight into the audience. Spectators immediately started fleeing but many of those who were videotaping the show caught the terrifying accident on videos as shown below: 

//www.youtube.com/embed/9sNYm8UyriQ

(Credit to YouTube user camstack1)

//www.youtube.com/embed/-P0ZzK0cXUE

(Credit to YouTube user "WeAreTheSavageNation")

 

Legal Commentary – Majed Nachawati – Author

The accident left 4 seriously injured and 20 people were taken to the hospital for moderate injuries. One police officer has shrapnel tear through his leather belt and clothing. Luckily, emergency crews were already at the accident site and treated the most minor injuries at a triage area. Unfortunately for all involved, however, it appears that someone’s negligent actions most likely caused this terrifying accident. 

Simi Valley Police Commander Stephanie Shannon states that the structures that held the fireworks collapsed. Other authorities state that early detonations were to blame for the accident. Once these detonations took off, several canisters of live fireworks tipped over, shooting across the ground. That begs the question: Did the company that was hired to install the fireworks, Bay Fireworks, neglect to ensure that a structurally secure frame was properly was installed and that the fireworks detonated at the correct time? The show has been sponsored by both the city and the local Rotary Club for the past 43 years. In this case, they may also be held responsible for the injuries that the accident caused. They did, after all, have a responsibility to hire a capable firework installation company and to ensure that the show was safe for residents to attend. 

In this scenario, it may be possible for any individual hurt by the firework explosion to bring a claim against the city of Simi Valley, its Rotary Club, and the company hired to install the fireworks for their negligence. Though their actions were admirable in wanting to produce a show for Simi Valley residents, they also had a duty to keep residents safe and failed to maintain that duty, which resulted in several injured residents. As with other big accidents, the insurance companies of all parties involved will want to mitigate and downplay this accident but an individual who hires an attorney will be able to find out why the accident occurred in the first place and whether or not it could have been prevented. . 

 

About the Author: 

Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in work accidents, premise liability, and product liability claims. Mr. Nachawati is a former judicial law clerk who has settled and tried numerous lawsuits to verdict, resulting in large recoveries for his personal injury clients. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in wrongful death and serious personal injury cases across the nation and has clients in every state. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by telephone at 1.866.705.7584. His legal background is featured at his Super Lawyers Profile.

 

Children, required by law to attend school, have a right to safe classrooms, cafeterias, and playgrounds. A rattlesnake in Amarillo, Texas, however, has proved that the Bushland school district isn’t doing enough to protect the rights of the children in their custody.

 

A five year-old kindergartner at Bushland Elementary School was playing in the school soccer field yesterday when a rattlesnake bit him. Rattlesnake bites cause a variety of harms that can be as mild as nausea or as severe as heart failure. Importantly, children often experience more severe symptoms because the amount of venom injected into their body is relatively large, given their small size.

 

Fears | Nachawati helps personal injury victims understand their rights and determine the right way to respond to their injury. In the case of the Amarillo student, the Bushland school district clearly owes a greater duty of care to the students in their charge. Has your child been injured at school because of unsafe premises? Find out by contacting our expert attorneys! Just call 1.866.705.7584 or email info@fnlawfirm.com

For many Texans, "floating the river," whether it’s the Guadalupe, the Comal, or one of the Hill Country’s many other fast-flowing waterways, is a longstanding summer tradition. This year is unlike years past, however, as police throughout the Hill Country crack down on illegal activity on the river, particularly public intoxication and drug possession.

 

The New Braunfels Police Chief, for instance, reported to the city council recently that his officers have worked overtime this summer, arresting 220 people and writing more than 1,200 citations. By comparison, this summer’s NBPD arrest totals are more than twice what they were last year and citations are up 132 percent. Experts acknowledge that this year’s unusual drought is a big part of what’s driving tourist traffic to the Hill Country. While other lakes and rivers are at record lows, the Comal, a spring-fed river, is flowing at its customary clip.

 

The additional traffic is generally good news for New Braunfels and the more than half billion dollars projected to flow into the community as a result of the relatively high-flowing Comal. That traffic is bad news, however, for the people wanting to float the river. More people will result in more congestion and, unfortunately, more accidents and injuries.

 

Are you planning on floating the river this summer? If so, you should be careful! You might be in control and know what you’re doing, but that doesn’t mean that everyone else on the river does, too. Hundreds of tourists are injured on the Hill Country’s rivers every summer. If you’re one of them this summer, talk to the legal experts at Fears | Nachawati who understand how to handle your claims. For a free consultation, just call 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help you!

Michael Aaron Garner, a thirty-year old prison inmate in Gregg County jail, died unexpectedly last week. County Sherriff Maxey Cerliano reported that Mr. Garner’s body showed no signs of trauma and that toxicology reports remain outstanding. Although previous reports suggest that Mr. Garner had a history of heroine and methadone use, Mr. Garner’s mother, Cheyenne Smith, stated that her son had no health issues and had communicated serious concern about prison conditions.

 

Garner’s untimely death raises important questions about the safety of not only the Gregg County jail, but county and state prisons across Texas. If you or a loved one are imprisoned – for an hour, a day, or longer – you are placed under the care of the local or state government. You still have rights! The attorneys at Fears | Nachawati understand the extent to which civil liability stretches to the premises of government-run facilities. If you notice things that don’t add up, talk to us. Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us fight for you!

Within a two-hour drive from El Paso, Texas, is Elephant Butte Lake, the preferred destination for 80,000 Memorial Day campers. Over the course of the summer, Elephant Butte Lake will host hundreds of thousands of visitors. However, for Texans attending Elephant Butte Lake or one of the many lakes across Texas, it’s important to remember the risks of camping and state parks. Gusty winds can cause fires; lakes are frequently home to water moccasins, water-borne diseases, and the risk of drowning. And, of course, boating presents a multitude of dangers, including boating-while-under-the-influence.

 

If your summer turns out to be a lot less fun than you imagined because someone injured you or your loved ones during a camping trip, it’s important to call the personal injury experts at Fears | Nachawati. With years of experience and dedicated expertise, we can help you! Just call at 1.866.705.7584 or send an email to info@fnlawfirm.com

The owner of Innovations Automotive, a Houston body shop, is learning first-hand about the law of premises liability. Charged late last week with having a firearm accessible to a child and scheduled to appear for a court date later this month, Milton Almanza faces criminal charges – and could face civil charges, too – stemming from the tragic and unfortunate death of a 10-year-old boy. The victim, Kenneth Govea, fatally shot himself with a .25 caliber semi-automatic pistol he found in Mr. Almanza’s shop.

 

The tragic case of the boy, the shop owner, and the gun are important for business owners throughout the state of Texas. Simply put, the law of premises liability makes owners legally responsible for the dangers associated with their shop. For Mr. Almanza, the tool that he hoped would give his shop greater security is actually the weapon that could cost him time in jail and thousands of dollars in civil damages.

 

Want to know more about premises liability and the unseen legal risks that you and your business might face? For a free consultation that could save you more than you might imagine, talk to the injury experts at Fears | Nachawati. We’re in the business of helping you! Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com

In the early morning hours last Sunday a San Antonio man died when he was struck by a Union Pacific train. This tragic accident was particularly unusual because it was one of three Union Pacific accidents during the earlier morning hours. A short time after the fatal accident, a UP train slammed into a vehicle which had stalled on the tracks, and 10 minutes afterward, an eastbound UP train struck a basketball hoop stand which had fallen over the tracks. Three accidents in the same night is unusual and suggests to some safety experts that Union Pacific may be careless with its routes and timetables.

 

In 2010, U.S. train companies were involved in more than 11,000 accidents and killed more than 700 people. Moreover, last Sunday’s accidents are not statistically unique: more than 95 percent of accidents in 2010 occurred at the intersection of highways and rails and nearly a thousand accidents occurred on yard track, just like the incident that took a life in San Antonio.

 

If you or a loved one have been injured by a train, you need a law firm that understands the unique complexity of railroad accidents. For excellent, experienced and expert representation, contact the professionals at Fears | Nachawati. Call 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help!

Earlier this week a butane and hydrofluoric acid leak at Marathon Oil’s Texas City refinery prompted a shelter-in-place order. A shelter-in-place order is a common emergency procedure used to minimize the risks of outside, dispersing contaminants. Marathon and other refineries contend these orders are essential in protecting the public.

 

However, some question the effectiveness of shelter-in-place orders. In a situation like Marathon’s butane and hydrofluoric acid leak experts worry that residents will not follow the order; alternatively, if the public does follow the order, they won’t be adequately protected in the event of a worst-case scenario. Residents and observers also question Marathon’s public relations approach to shelter-in-place orders. When confronted with questions by news outlets and citizens about the order, Marathon provided a brisk, non-informative statement: “The source of the release has been located, and crews are working on isolating it. There has been no off-site impact.” For residents worried about their health and the safety of their children, Marathon’s approach isn’t helpful.

 

Are you worried about shelter-in-place orders and refineries which impose risks on the public without appropriately consulting or informing local residents? If so, direct your questions and concerns to the personal injury experts at Fears | Nachawati. Premises and community liability are important legal issues. We can help you defend your rights and protect your interest. Call 1.866.705.7584 or send an email to info@fnlawfirm.com