2011 May Archive

Summer and swimming season have arrived and so has the U.S. Consumer Product Safety Commission (CPSC) 2nd annual pool safety campaign “Pool Safely: Simple Steps Save Lives.” It is a national public education campaign that aims to decrease incidents of child drownings, entrapments, and nonfatal submersions in both spas and swimming pools. This pool safety campaign kicks off at an opportune time as the CPSC has announced the recall of around one million spa and pool drain covers on the same day.

This recall is the result of incorrectly rating the drain covers for handling the flow of water passing through the cover. This increases the risk of entrapment for anyone who uses the pool or spa, including young children who may fall into the swimming pool or spa.

The affected pool and in-ground spa covers were manufactured by eight different companies throughout the United States:

1. Aqua Star Pool Products Inc., CA;
2. A&A Manufacturing, AZ;
3. Color Match Pool Fittings, AZ;
4. Pentair Water Pool and Spa, NC;
5. Hayward Pool Products, NJ;
6. Custom Molded Products, GA;
7. Waterway Plastics, CA; and
8. Rising Dragon USA, TN.

The recalled drain covers were sold from Dec. 2008 through Apr. 2011, except for covers manufactured by Pentair Water Pool and Spa, which were sold from June 2009 through Apr. 2011.

Consumers, pool owners, and pool builders and installers that own a recalled drain cover must contact the manufacturer to replace or retrofit the cover. More information is available through the CPSC Drain Cover Recall Hotline at 866-478-3521 or their Drain Cover Recall website at www.apsp.org/draincoverrecall.

If you or your child was injured in a swimming pool accident in Oklahoma as the result of a defective pool product, the experienced Oklahoma City dangerous product lawyers at Maples Law Firm, LLP, can help you pursue the compensation your family deserves. Please call us today to learn more about your legal rights at 1-888-226-6159.

The “Click It or Ticket” campaign is a national effort to prevent car accident injuries and fatalities by encouraging drivers and passengers to “buckle-up.” Oklahoma, as well as many other states in the U.S. are increasing seat belt enforcement efforts during the campaign, which began on May 23 and ends on June 5.

According to SandSpringsLeader.com, officers from across northeastern Oklahoma will be focusing on citing motorists who are not wearing seat belts. Funding from the Oklahoma Highway Safety Office (OHSO) is providing for extra patrols and checkpoints, as well as overtime shifts. If a motorist is cited for not wearing their seat belt, they will have to pay $20, for each citation. Both drivers and passengers can be ticketed for not wearing their seat belt.

Violating Oklahoma’s safety belt law is considered a primary law, which means that a law enforcement officer can stop and issue a citation to a driver solely for not wearing their seat belt. Under the law, all drivers and front seat passengers must have a properly fastened seat belt at all times while the motor vehicle is in motion. Passengers that are 12-years-old or younger must always wear a safety belt or be in a proper child seat, regardless of where they sit in the car.

The goal of this campaign is to help prevent Oklahoma auto accident injuries and fatalities by reminding Oklahomans to wear their seat belt every time they are in a vehicle. Making sure to wear a seat belt is the responsibility of every driver and passenger, but it is not always enough to prevent injury in a car crash.

If you or a loved one has been injured in a car accident in Oklahoma caused by the careless or negligent actions of another driver, you may be entitled to financial compensation for your losses. The skilled Oklahoma City car crash lawyers at Maples Law Firm, LLP, can help you hold at-fault parties accountable for the injuries you have suffered. Contact us today at 1-888-226-6159 for a free consultation.

Property owners in Oklahoma have an obligation to keep their premises safe and in good repair for visitors, employees, and any other individuals that plan to enter that premises. Unfortunately, many property owners or managers do not fulfill this obligation. Whether due to stinginess, laziness, or any other reason, not performing their duty to provide a safe environment constitutes negligence. The most common result of Oklahoma property negligence is a slip and fall accident.

Evidence of an improperly maintained property can be found in a variety of places, but an improperly maintained floor is often the cause of a slip and fall accident in Oklahoma. Common causes of slip and fall accidents include:

• Wet or slippery floors;
• Dirty or debris covered floors;
• Cracked pavement;
• Broken steps; and
• Uneven surfaces.

A slip and fall accident victim can suffer a variety of injuries, including bumps, bruises, scrapes, lacerations, broken bones, and head and/or brain injuries, all of which may require emergency care as well as continuing medical treatment. Unfortunately, this also incurs substantial medical costs.

Any injury accident that occurs on another’s property falls under the scope of Oklahoma premises liability law. To be entitled to compensation for the losses suffered, a victim must be able to prove that the property was not reasonably maintained or repaired and/or that there was no reasonable warning for a hazardous condition, and that one of the aforementioned situations caused the injury.

The knowledgeable Oklahoma City slip and fall accident lawyers at Maples Law Firm, LLP, have helped numerous injured victims pursue compensation from negligent property owners and companies. To discuss the details of your accident with one of our premises liability attorneys and to learn more about your legal rights, call us today for a free consultation at 1-888-226-6159.

Recent Oklahoma truck accidents have renewed the debate regarding tractor-trailer size and weight limits for Oklahomans. One of these was a big rig accident in Tulsa that involved the truck colliding with a bridge. The day after this accident, there was another tractor-trailer crash in Oklahoma City that was caused by a van that swerved into a tractor-trailer, which subsequently struck a bridge. The tractor-trailer was hauling volatile cargo which fortunately did not ignite. The driver of the van suffered the only injury and westbound traffic on the I-40 had to be shut down. These accidents, as well as a devastating one in Miami, Oklahoma, from 2009 in which a big rig plowed into a line of stopped cars at 70 mph, killing 10 people, demonstrate the safety issues involved with large and heavy trucks.

According to Tulsa World, the U.S. Congress is expected to decide between two opposing bills that would implement new laws concerning big rig size and weight limits. These bills are the Safe Highways and Infrastructure Preservation Act, or SHIPA, and the Safe and Efficient Transportation Act, or SETA.

The passing of SHIPA would keep current size and weight limits at up to 53 feet and 80,000 pounds, as well as expand the current national highway system ban on heavier trucks from the interstate highways to its entire 160,000 miles. SETA, on the other hand, increases size and weight limits for six-axle big rigs traveling on interstates within state boundaries. Its intention being to have less large trucks on the road but still transport the same amount of cargo.

There are many opinions concerning these two bills. Some believe that bigger and heavier trucks will cause more catastrophic accidents; others believe that safety would increase because there would be fewer trucks on the road. Regardless of which bill is passed, however, truck accidents will still occur and will unfortunately continue to cause serious injuries and fatalities.

If you or a loved one has been injured in a big rig collision in Oklahoma, you may be entitled to compensation for your losses. The skilled Tulsa truck crash attorneys at Maples Law Firm, LLP, will investigate the circumstances of your accident to determine the validity of your claim. To learn more about your legal rights and options, contact us at 1-888-226-6159 for a no-cost consultation.

Ever since the British Petroleum (BP) Gulf oil spill and the rising of gas prices, the oil industry has been under public and government scrutiny, according to Reuters. This does not bode well for the still-unapproved TransCanada Keystone XL tar sands pipeline project that would transport oil from Canada to Texas, crossing through Oklahoma and five other U.S. states along the way. Multiple oil accidents, in Alberta and along the Keystone pipeline system, have raised questions on the pipeline’s safety, its environmental impact, and whether or not it is ultimately in the nation’s best interests.

The most recent TransCanada oil accident occurred in southern North Dakota along the first phase of its Keystone pipeline system. A valve broke at a pumping station releasing approximately 500 barrels of Canada heavy crude into the facility, and also caused a geyser of oil that reached above the treetops. This occurred only 10 months after the pipeline began carrying bitumen from the oil sands mines in Alberta to refineries in Illinois. The local landowner notified emergency personnel about the geyser of crude oil but TransCanada had apparently already shut down the line. This marks the 11th reported accident at stations along the Keystone pipeline since May 21, 2010.

These oil accidents have brought heavy criticism on TransCanada, Keystone XL, and the oil industry as a whole, not just from environmental groups and advocates, but the general public and the national government as well. TransCanada’s inadequate risk assessment and environmental impact reports, in addition to their seeming lack of proper safety and reinforcement protocols, have raised the question of whether the Keystone XL system should be nationally approved. The answer is expected at the end of this year.

If oil stations along the Keystone pipeline are not safe, there is no telling where the next oil accident will be; perhaps Oklahoma is next. Oklahoma oil accidents are very dangerous, both to employees, residents, and the surrounding environment. Oil companies have an obligation to provide proper safety equipment and follow the correct procedures to keep their employees safe. Unfortunately, however, maximizing profits seem to be the oil industry’s main purpose. As such many companies cut corners when it comes to employee safety.

If you or a loved one has suffered illness or injury as the result of an oil accident in Oklahoma, the Oklahoma City oil accident attorneys at Maples Law Firm, LLP, can help you seek compensation for your losses. We can help you hold at-fault parties accountable for their actions. Call us today for a free consultation at 1-888-226-6159.

Oklahoma doctors, hospitals, and other healthcare professionals and facilities have a duty to provide the utmost standard in care for their patients. This is unfortunately not always the case. Approximately 225,000 people die nationwide as the result of medical malpractice. But what is medical malpractice?

Medical malpractice is generally defined as professional negligence or wrongdoing by act or omission by a healthcare provider that causes injury or death to the patient. The various types of Oklahoma medical malpractice include, but are not limited to: misdiagnosis, failure to diagnose, delayed diagnosis, surgical error, anesthetic error, medication error, incorrect treatment, continuing ineffective treatment, failure to attend to a patient, substandard treatment, and lack of informed consent. If a doctor is employed by a hospital, the hospital will likely be held liable for that doctor’s malpractice.

The victim of medical malpractice in Oklahoma, or a victim’s family, must bring a medical malpractice action within two years from the date of malpractice injury or death. There are exceptions to this rule, however. A medical malpractice claimant must also provide expert testimony to prove medical malpractice, unless of course it is blatantly obvious. In addition, there are laws governing the awarding of damages. Oklahoma medical malpractice law can be very complicated and can easily confuse those attempting to understand it.

If you or a loved one has been the victim of medical malpractice in Oklahoma, the experienced Oklahoma City medical malpractice lawyers at Maples Law Firm, LLP, will apply their critical understanding of Oklahoma medical malpractice law to determine the validity of your claim. We are committed to providing quality legal advice and action, and will never charge a fee if we do not recover fair compensation. For a free consultation, please call 1-888-226-6159. Our attorneys look forward to answering any questions you may have.

Motorcycling is a fun and social activity enjoyed by many during the warmer months of the year. A sense of freedom usually accompanies riding a motorcycle, but danger also tends to tag along for the ride. Most Oklahoma motorcycle accidents occur, not because of the rider, but because of other motorists who do not know how to share the road with motorcycles. Because motorcyclists are much less protected than drivers of other motor vehicles, they need to practice riding safely and defensively to protect themselves in the event of a motorcycle crash in Oklahoma. The following safety guidelines can help motorcyclists stay safe on the road:

1. Take a safety course.
2. Get your motorcycle license.
3. Wear a full-face helmet, sturdy jacket with full sleeves, thick pants, reinforced gloves, and boots that protect the ankle.
4. Drive defensively to avoid inattentive or reckless motorists.
5. Ride in a staggered formation when with a group.
6. Keep at least a two-second following distance from the vehicle in front of you.
7. Only pass motorcycles or other vehicles individually and when it can be done safely.

Unfortunately these guidelines cannot prevent every motorcycle accident. There is only so much a motorcyclist can do to stay safe when another motorist is driving negligently or recklessly. If you or a loved one has been injured in a motorcycle crash caused by the actions of an inattentive, speeding, distracted, intoxicated, or otherwise negligent driver, you may be entitled to compensation for the losses associated with your injuries.

At Maples Law Firm, LLP, our skilled Oklahoma City motorcycle accident lawyers will examine every detail of your accident to determine the validity of your claim and advise you on the best course of action for your particular situation. To learn more about how we can help you, please contact us for a free consultation at 1-888-226-6159.

During this past year, a Tulsa nursing home has been cited by state inspectors for more than 40 violations during 12 inspections. According to NewsOK, the state ordered the termination of Medicare and Medicaid payments to the nursing home; however the facility and its parent company are fighting the termination in court. Because of this, the nursing home has continued to receive payments. The termination of payments is the harshest penalty available and has only been done 11 times since 2006.

The nursing home in Tulsa is home to approximately 70 elderly and disabled residents. Oklahoma inspectors began investigating the home early last year after complaints were filed against the facility. These complaints included a resident who had concerns about getting his necessary medication and a nurse aide who believed that there were under-staffing issues. Over the course of the year and after multiple inspections, Oklahoma cited the nursing home for multiple deficiencies, including:

• Failure to protect residents from abuse.
• Failure to provide pain medications and other treatments as ordered.
• Failure to adequately treat bed sores.
• Failure to provide sufficient staffing to care for residents.
• Failure to provide supervision to prevent accidents.
• Failure to notify a patient’s doctor about a change in their condition, and
• Failure to notify a resident’s doctor and family about changes in their condition after they were taken to the emergency room.

Nursing home residents deserve proper quality care. The elderly and disabled are more vulnerable to illness and injury which is why substandard care, neglect, and abuse are especially dangerous. Any institution that provides health care has a duty to maintain a healthy and safe environment for its residents or patients. If that institution fails to do so, whether by not disciplining employees or by implementing improper policies, they may be held liable for the injury, illness, pain and suffering, and/or wrongful death they caused.

If you or a loved one has been a victim of nursing home abuse in Oklahoma, the dedicated Tulsa nursing home neglect and abuse attorneys at Maples Law Firm, LLP, can help you hold at-fault accountable for the physical, emotional, and/or financial suffering they caused. To discuss your case, please contact us for a completely confidential and free case evaluation at 1-888-226-6159.

A 30-year-old man was killed in a two-car accident on Harrah Road near SE 59th street in Oklahoma City on Saturday night, according to NewsOK. The man was driving north on Harrah Road when he and another car, which was southbound, collided head-on. The man was pronounced dead at the scene of the crash. Two adults and two children in the other car were injured; the adults are in critical condition. Oklahoma City police are still investigating the cause of the accident.

According to the Oklahoma Highway Safety Office (OHSO), there have been between 267 and 1,070 traffic accident fatalities in the state yearly, from 1937-2009. The lowest number of 267 occurred in 1943, the highest of 1,070 occurred in 1982. In 2009, 737 people were killed in Oklahoma traffic accidents. Although 737 is a decrease from the1982 statistic, it is still a great number of lives lost and families torn apart. These accidents took children away from their parents, husbands from their wives, and sisters from their brothers, while causing many financial and emotional hardships.

The families of victims who died at the fault of another in an Oklahoma car accident have the rights and resources to seek justice in the form of an Oklahoma car accident wrongful death claim. If you or a loved has suffered a family loss due to the negligent driving of another, you may be able to file a wrongful death claim against the at-fault party. With the help of a dedicated Oklahoma auto accident wrongful death attorney, you may recover compensation for medical bills, funeral costs, lost wages, and other losses.

At Maples Law Firm, LLP, our knowledgeable Oklahoma City wrongful death lawyers know that the death of a loved one can be an emotionally traumatic and financially difficult time. We will work diligently and compassionately to hold the negligent parties accountable for your losses so that you may receive the compensation your family deserves. Please call us for a free consultation at 1-888-226-6159.