The winter season is the ideal time of year for those people who enjoy partaking in adrenaline boosting outdoor sports and activities.

Snowmobiling is one of the most popular wintertime activities that families enjoy engaging in during the colder months. However, as with all high-octane adventurous activities, there are risks associated with snowmobiling.

Here are some top tips for avoiding injury while enjoying an action-packed day on your snowmobile:

“As a Safe Rider, you:

• Know your abilities and don’t go beyond them.
• Know your machine’s capabilities and don’t push beyond them.
• Know your riding area. Get a map. Talk to the locals.
• Learn more—reading manuals and other materials from manufacturers, administrators and snowmobile associations, or watch videos. Snowmobile clubs, state and provincial associations offer courses, information and activities. Many members are certified driving and/or safety instructors.

Keep your machine in top shape

• You have two good guides available for snowmobile maintenance: the owner’s manual that came with the machine and a dealer. Consult both to make sure your machine is kept in top form for dependable, enjoyable fun.
• Your local club or association may also conduct safety and maintenance programs.
• Before each ride, follow the “pre-op” check outlined in your owner’s manual.

Follow the rules

Regulations on sled registration and use are different in various parts of the snow-belt. Check with natural resource and law enforcement agencies and snowmobile dealers or clubs in the area you are visiting to make sure your ride results in legal and hassle-free snowmobiling.
Remember, too, that some states and provinces have age restrictions for snowmobile operation, often requiring that children are supervised by adults.

Safe crossing

Be careful when crossing roads of any kind. Come to a complete stop and make absolutely sure no traffic is approaching from any direction. Then cross at a right angle to traffic.

Dress appropriately

• Wear layers of clothing, so that you can add or remove a layer or two to match changing conditions. A windproof outer layer is especially important, as are warm gloves or mitts, boots and a helmet.
• Make sure your helmet is safety-certified, the right size and in good condition. A visor is essential for clear vision and wind protection and the chin strap should be snug.
• Wear glasses or goggles that offer protection from the sun.

Take a friend

Don’t snowmobile alone. Not only is snowmobiling more fun with family and friends, it’s safer too!”

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

Brain injuries can have devastating affects on the lives of those suffering from them. What many don’t understand, however, is that traumatic brain injuries aren’t the only types of injury that the organ can experience. Acquired brain injuries are another intense brain injury that can dramatically alter lives.

Here we highlight the main differences between the two types of brain injuries:

“DEFINITION OF TRAUMATIC BRAIN INJURY (TBI):

A traumatically induced structural injury and/or physiological disruption of brain function as a result of an external force that is indicated by the new onset or worsening of at least one of the following clinical signs, immediately following the event:

• Any period of loss of or a decreased level of consciousness;
• Any loss of memory for events immediately before or after the injury;
• Any alternation in mental state at the time of the injury (confusion, disorientation, slowed thinking, etc.);
• Neurological deficits (weakness, loss of balance, change in vision, praxis, paresis/plegia, sensory loss, aphasia, etc.) that may or may not be transient;
• Intracranial lesion.
• External forces may include any of the following events: the head being struck by an object, the head striking an object, the brain undergoing an acceleration/deceleration movement without direct external trauma to the head, a foreign body penetrating the brain, forces generated from events such as a blast or explosion, or other force yet to be defined.

DEFINITION OF ACQUIRED BRAIN INJURY (ABI):

An acquired brain injury is an injury to the brain that has occurred after birth, but is not related to congenital defect or degenerative disease. Causes of ABI include (but are not limited to) hypoxia, illness, infection, stroke, substance abuse, toxic exposure, and tumor. ABI may cause temporary or permanent impairment in such areas as cognitive, emotional, metabolic, motor, perceptual motor and/or sensory brain function.”

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Everybody loves an exciting party. Talking with friends over beverages and nibbling on hors d’oeuvres while fun music dances around the room – what’s not to enjoy? However, if you are planning to host a party anytime in the near future, you should be aware of the liabilities you take on once your first guest steps through the door:

“First, who is a social host? A definition could include anyone who:

1. is not selling or supplying alcohol for profit;
2. is not an employer, or any position in which he or she has a unique relationship with his or her guests; and
3. is serving alcohol or condoning the service/consumption of alcohol on premises over which he or she has control.

Further, the issue of BYOB (Bring Your Own Bottle/Booze) adds a unique flavour to the concept as it implies that the social host does not necessarily have to provide the liquor, merely condone its use on the premises.

The definition is not exhaustive.

Two recent cases have come close to establishing social host liability. In one, parents of a teenager were sued when the teenager hosted a party of which the parents knew nothing because they were asleep. When the police were called the teenager woke his mother to tell her but said everything was under control and the mother fell back to sleep. One of the guests crashed her car injuring one of her passengers. In a pretrial matter, the judge suggested the fact that the parents had hosted previous parties in which there was underage drinking put them in a more vulnerable position. However, it was the fact that the teenager woke his mother who then did not check on the situation that made the parents very vulnerable to liability. The case settled before trial.

Another case involved a New Year’s Eve party and a guest who left intoxicated and crashed into another car, killing one and paralyzing another. The hosts knew that the guest had a history of alcohol abuse and convictions for impaired driving. The guest was apparently visibly intoxicated when he left the party. Although the hosts were encouraging their friends to spend the night instead of driving, it was the view of the trial judge that they were relieved to see this one guest leave.

An analysis of negligence law suggested that there might be social host liability based on what the hosts knew about this guest. Further, the judge stated the fact that it was a BYOB party only created a greater responsibility on the hosts to monitor their guests more closely as they could not monitor the actual consumption of alcohol.

However, the trial judge said it was up to the provincial government to regulate social host responsibility and subtly suggested that the government should develop criteria to avoid the chaos in the courts. The case has been appealed to the Ontario Court of Appeal.

Where Does this Leave the Social Host?

It is important for every social host to consider the consequences involved with the service of alcohol because there will continue to be lawsuits. The social host could be found to have a duty of care to guests and all those who are at risk due to the intoxication of the guests for events that could be foreseeable. Further, the host has a duty to monitor and supervise the service and consumption of alcohol during a party or event.

The best course is to take risk management measures. The social host should check his or her insurance to determine if there is coverage for any incident that may occur on the property or as a result of actions from the property. When hosting a party, plan appropriately. This includes:

1. Either don’t drink or limit your own consumption of alcohol in order to track that of your guests.
2. Know your guests – it is much easier to track the changes in behaviour of those you know.
3. Try to serve all drinks yourself and avoid self-serve bars to track and monitor your guests’ consumption. Consider hiring a bartender trained in alcohol service.
4. Have plenty of non-alcoholic choices.
5. Serve lots of food that has protein and fat – salt encourages more drinking and sugar does not mix well with alcohol.
6. Meet, Greet and Repeat – meet and greet all your guests as they arrive in order to determine if they have had anything alcoholic to drink before arriving. If the party is an open house or cocktail format, repeat the process as guests leave.
7. If a guest is intoxicated, encourage him or her to give you their car keys if relevant. Buddy up with a friend to assist in persuading the intoxicated person to take a cab.
8. Keep the phone numbers of cab companies handy and tell the guest that a cab has been ordered – don’t give them the option to refuse.
9. If the guest is quite intoxicated, keep that person with you until they have sobered or can be left with a sober responsible person.
10. Only time will sober the person, not additional fluids or food. Offering a spare bed is a good recourse.
11. If the person refuses to give the car keys or spend the night at your house, call the police. It may seem drastic, but it could be a choice between that of an upset friend or far more tragic consequences.

Having a plan will allow you to prevent problems from happening or a least, handle the problems in the least unpleasant way and perhaps, allow you to enjoy your own party.”

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

Similar to the roads, parking lots can be tricky to navigate.

Fortunately, SGI has shared a concise list of top tips for driving safely in a busy parking lot:

“Uncontrolled intersections

Never breeze through an uncontrolled parking lot intersection assuming you have the right of way. Instead, slow down and prepare to yield. Look both ways and proceed only when it is safe to do so.

When more than 1 vehicle is stopped at an uncontrolled intersection in a parking lot, the driver on the left must yield to the driver on the right. When it’s your turn to go, look both ways, roll forward slowly and use caution as you enter the intersection.

Right of way

The right of way in parking lots is no different than on regular roads. If you’re turning left, you must give the right of way to oncoming traffic.

When leaving a parking space, you must yield to other drivers proceeding through the lot. It may mean waiting for a few extra moments, but it will save you the hassle of an unfortunate fender bender.

And no matter what – whether the intersection is marked or not – you need to stop for pedestrians. Whether they’re walking, using a wheelchair, motorized wheelchair or a medical scooter, pedestrians always have the right of way.

Signal your intentions

Parking lots can be chaotic with traffic and pedestrians all heading in seemingly different directions. Help everyone arrive at their destination safely by signaling your intention to turn.

This rule is especially important if you’re waiting for another driver to leave a parking space. Your signal serves as a heads-up to the person in the stall and shows other motorists that your vehicle isn’t simply stopped.

Don’t be a tailgater

Being a tailgater is bad practice, plain and simple. With so many vehicles and pedestrians in such a tight space, drivers sometimes need to stop unexpectedly in parking lots. Following too closely is a recipe for a collision.

Stay safe by leaving plenty of space between your vehicle and the 1 ahead. If a hazard forces another driver to stop quickly, you’ll have plenty of time to react.

By the same token, drivers should try to minimize unexpected stops by staying aware of their surroundings. Scan the road ahead for potential hazards like vehicles, pedestrians and cyclists.

By recognizing these hazards and planning your course of action, you can avoid swerving or slamming on your brakes, which reduces your chances of a collision.”

There is nothing that can help you master the art of maneuvering your vehicle through a parking lot more than following these tips.

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Participating in winter sports can be an exhilarating experience, however, those who don’t take extra precautions to learn how to stay safe when doing so are at risk for turning a fun experience into a potentially fatal one.

Fortunately, Parachute Canada has shared some top winter sport-related safety tips:

“Ice skating

Skates should give firm ankle support and fit snugly. For youngsters whose feet are growing, softer boots are better than hard, unyielding ones.

All skaters should wear CSA-approved helmets when skating because they are tested for falls on ice. Replace helmets every five years.

Check that skate blades aren’t dull or rusted.

Teach children to skate only in places you know are safe. Check that the ice surface is in good shape without bumps, melting or slushy ice. Check for skating hazards such as pebbles, rocks and branches.

Ice on frozen ponds, rivers, lakes or canals should be at least 15 cm (6 inches) thick and 20 cm (8 inches) for skating parties or games. Beware of quick thaws, which can weaken the ice surface.

Teach children to skate with friends – never alone – and always in safe areas, away from traffic and free of obstacles.

Ice hockey

Hockey players should wear a CSA-approved hockey helmet with a compatible full-face mask. This is mandatory in organized hockey.

Helmets should be replaced every five years. They are designed to withstand falls on ice and the multiple impacts expected during hockey play, but they have this recommended limit.

Other recommended protective gear includes gloves, shoulder pads, elbow pads, shin pads, mouth guards and for boys, an athletic support.

Ensure all protective equipment is in good condition and fits properly.

Inspect helmets regularly. Do not use a helmet with a cracked or severely scratched shell or worn liner.

Never alter a helmet. It may affect its ability to prevent injury.

No amount of equipment can prevent all injuries. Children need to play by the rules.

Stretching and warm-ups prior to each practice and game, as well as a cool-down routine, will help to prevent injuries.

Teach children to skate heads-up when approaching the boards to prevent neck injuries.

Take head injuries seriously. To prevent brain damage, organized amateur hockey in Canada requires that any player get a physician’s permission to return to play after suffering a concussion.

Body checking at the Pee Wee level is not recommended by medical experts.

Downhill skiing

Beginners should take lessons from a certified instructor.

A ski helmet is recommended for children to prevent head injury. (Helmets are also recommended for racers and high-risk environments such as back-country skiing). In 2014 the CSA released a new standard for a multi-impact ski and snowboard helmet.

Skiers should follow the buddy system. Never ski alone.

Always check your child’s ski equipment to make sure it is in good condition and fits properly. Bindings should be checked at least once a year by a qualified technician or ski shop. Bindings, boots and skis which do not fit properly or are not properly adjusted are a significant risk factor for young skiers.

Do warm up exercises and stretches before each day’s skiing.

Skiers need to stay on marked trails and follow other rules of the slopes.

Skiers should be especially careful on the first and last few runs of the day, when injuries are most common.

Skiers should choose runs or trails that best suit their ability. Before they start out, skiers should understand the signs used to indicate level of difficulty.

Skiers should stay alert to hazards (such as rocks, trees, ice patches) and changes in weather and visibility.

Skiers should dress against frostbite, be sure boots are not too tight, and wear sunglasses or goggles with UV protection to guard against the reflection of the sun off the snow. They should also wear sunscreen to protect against sunburns.

Skiers should quit before they get tired and before it gets dark. Fatigue and poor visibility both lead to injuries.

Snowboarding

Snowboarding requires its own set of skills. Beginners should take lessons from a certified snowboard instructor. In 2014 the CSA released a new standard for a multi-impact ski and snowboard helmet.

Snowboarders should follow all the safety tips for downhill skiers.

Helmets are widely recommended for snowboarding.

The American Academy of Pediatrics recommends that children younger than seven should not try snowboarding.

Snowboarders should dress against frostbite and wear sunglasses or goggles with UV protection to guard against the reflection of the sun off the snow. They should also wear sunscreen to protect against sunburns.

Snowboarders should only use boards with full-length steel edges and stiff secure bindings. The board leash should be securely attached. Children should use short boards (no more than chest high).

Snowboarders should be especially careful on the first and last few runs of the day, when injuries are most common.

Snowboarders should quit before they get tired or it gets too dark. Fatigue and poor visibility can both lead to injuries.

Snowboarders should be aware that high speeds and aerial maneuvers carry a high risk for injury.

Snowboarders should keep inside designated areas and follow other rules of the slopes.”

By adhering to these tried and tested safety rules, you can ensure you’ll have a wonderful time participating in winter sports this year.

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

Although winter driving can feel like a perilous task, those who educate themselves on how to handle the roads safely can be confident in their skills as the season hits.

Readers Digest has put together a list of precautions that all drivers should take note of if they are planning to hit the roads during the winter months:

“1. Avoid the winter slip ‘n’ slide.

To ensure your vehicle is ready for Canada’s changing winter weather, switch your all-season tires to winter ones before the temperature drops below 7°C. Winter tires optimize the performance and safety of winter driving. The braking distance of a winter tire could be up to two vehicle lengths shorter than the braking distance of an all-season tire rolling at 24 km/h, on a dry or wet roadway, and this distance could increase significantly in the case of an emergency brake.

2. Defrost your windows well.
   Neglecting to defrost your windows might get you to your destination faster, but it’s a dangerous habit. Plan for a few extra minutes to clean all your car’s windows well. And don’t forget the top of your vehicle-snow could slide down the windshield and obstruct your view while the vehicle is in motion.
3. Winterize your trunk.
   Keeping aroadside safety kit in your trunk year-round is a good idea, but winter driving conditions require extra safety equipment. Make sure your vehicle is equipped with items like a scraper for the windshield, a small shovel, a sandbag, candles, and warm clothing like gloves and a hat. You always have to be ready for whatever bad weather Old Man Winter throws at you this season.
4. Replace worn tires.
   It’s important to check your tires each winter season because worn or bald tires can be dangerous. Tires have tread wear indicator bars molded into them. A solid bar of rubber across the width of the tread means it’s time to replace the tire. Contact your nearest tire dealership if you have any questions or concerns about the wear on your tires.
5. Don’t mix and match tires.
   Mixing tires with different tread patterns, different internal constructions and/or different sizes compromises the stability of the vehicle. Ensure your vehicle is equipped with four identical winter tires.
6. Top up your fluids.
   Make sure you always keep your gas tank at least half full. On very cold days, the condensation in the tank can freeze and cause problems. Also, don’t forget about your windshield-washer fluid!
7. Pump up your car tires.
   For every 5°C drop in temperature, tires lose one pound of air pressure. To ensure optimum fuel efficiency and prevent irregular or premature wear, tire inflation should be checked monthly.
8. Don’t rely on your car’s four wheel drive or electronic systems.
   Advanced systems like four-wheel drive, electronic stability control and anti-lock braking provide vehicle stability and power transmission but are not substitutes for winter tires. Winter tires offer optimized traction during braking, acceleration and handling. Remember, your brakes stop the wheels, but it’s the tires that are in contact with the road and that ultimately stop the vehicle.
9. Take a cellphone.
   For long trips, don’t forget to take a cellphone in case you need to call for help. Pull over to the side of the road and stop your vehicle before making the call.
   
   10.Buckle up and adjust your driving to road conditions!”

By adhering to the aforementioned rules of winter driving, you can be sure that you’ve sufficiently prepared yourself for the onslaught of snowy driving conditions that are to come.

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Chronic pain is an invisible ailment, and long after the accident wounds have healed, it persists in negatively affecting those suffering from it.

According to Web MD,

“Chronic pain lasts longer than acute pain and is generally somewhat resistant to medical treatment. It’s usually associated with a long-term illness, such as osteoarthritis. In some cases, such as with fibromyalgia, it’s one of the defining characteristic of the disease. Chronic pain can be the result of damaged tissue, but very often is attributable to nerve damage.

Both acute and chronic pain can be debilitating, and both can affect and be affected by a person’s state of mind. But the nature of chronic pain — the fact that it’s ongoing and in some cases seems almost constant — makes the person who has it more susceptible to psychological consequences such as depression and anxiety. At the same time, psychological distress can amplify the pain.

About 70% of people with chronic pain treated with pain medication experience episodes of what’s called breakthrough pain. Breakthrough pain refers to flares of pain that occur even when pain medication is being used regularly. Sometimes it can be spontaneous or set off by a seemingly insignificant event such as rolling over in bed. And sometimes it may be the result of pain medication wearing off before it’s time for the next dose.”

However, there are many coping mechanisms that sufferers can employ to reduce their discomfort and pain, such as:

“

• Learn deep breathing or meditation to help you relax.
• Reduce stress in your life. Stress intensifies chronic pain.
• Boost chronic pain relief with the natural endorphins from exercise.
• Cut back on alcohol, which can worsen sleep problems.
• Join a support group. Meet others living with chronic pain.
• Don’t smoke. It can worsen chronic pain.
• Track your pain level and activities every day.
• Learn biofeedback to decrease migraine and tension headache pain.
• Get a massage for chronic pain relief.
• Eat a healthy diet if you’re living with chronic pain.
• Find ways to distract yourself from pain so you enjoy life more.”

If you or a loved one is having difficulty managing chronic pain that was triggered by an accident caused by another party’s negligence, you may be eligible to receive compensation for your pain and suffering.

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

Injuries caused by faulty products happen every single day, and companies need to be held responsible.

The following is vital information surrounding product liability, according to findlaw.com:

“Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. In general terms, the law requires that a product meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer.”

“Liability for a product defect could rest with any party in the product’s chain of distribution, such as:

• The product manufacturer;
• A manufacturer of component parts;
• A party that assembles or installs the product;
• The wholesaler; and
• The retail store that sold the product to the consumer.

For strict liability to apply, the sale of a product must be made in the regular course of the supplier’s business. Thus, someone who sells a product at a garage sale would probably not be liable in a product liability action.

Types of Product Defects

Under any theory of liability, a plaintiff in a product liability case must prove that the product that caused injury was defective, and that the defect made the product unreasonably dangerous.  There are three types of defects that might cause injury and give rise to manufacturer or supplier liability:

1. Design Defects- Present in a product from the beginning, even before it is manufactured, in that something in the design of the product is inherently unsafe.
2. Manufacturing Defects- Those that occur in the course of a product’s manufacture or assembly.
3. Marketing Defects- Flaws in the way a product is marketed, such as improper labeling, insufficient instructions, or inadequate safety warnings.”

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Hit and run accidents are a particularly unconscious act on the part of the driver who caused the collision. The urge to flee the scene may be caused by a variety of reasons; however, it is never the courageous or decent move to make.

According to dmv.org, if you’ve been the victim of a hit and run accident, here is the information you need to know:

“What Is a Hit and Run Accident?

A hit and run accident is any accident in which a driver intentionally leaves the scene without providing contact information.

Examples of hit and run accidents include:

• A car hits you and speeds off.
• A driver hits your unattended parked car and leaves no contact information or way of collecting damages.

What to Do After a Hit and Run Accident

While you’ll likely be feeling immense stress if you’re a victim of a hit and run, it will help to stay as calm as possible and gather as much information as you can.

Having more information:

• Increases the chances that the police will catch the driver who hit you.
• Helps your car insurance company make decisions about your claim.

First, get as much information as you can about the car that hit you, such as:

• Model.
• Make.
• License plate number.

Also, look around for any possible witnesses to the accident, and ask for their names and contact information.

Finally, take the following steps before leaving the scene:

• Write down the time and location of the accident.
• Take pictures of the accident scene.
• Take pictures of your car, especially if another car’s paint is visible on it.
• This will help you prove that you are not attempting to defraud your insurance company.

If the hit and run occurred when you were away from your parked car, jot down as much information as you can, such as:

• Time.
• Location.
• Damage. ”

Following the aforementioned steps will ensure that your claim is taken seriously should you go to the police.

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

When an individual passes away due to the negligence of another party, compensation for surviving loved ones can be sought out should they choose to take legal action.

Fortunately if you’re interested in the concept of wrongful death suits, the experts at nolo.com have compiled everything you need to know:

“What is a Wrongful Death Claim?

A wrongful death claim exists when a person dies due to the legal fault of another person. “

“Wrongful death claims involve all types of fatal accidents from simple car accidents to complicated medical malpractice or product liability cases. Persons, companies, and governmental agencies can be legally at fault for acting negligently (failing to act as a reasonable person would have acted) and for acting intentionally.

Who May Sue for Wrongful Death?

A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the decedent’s death (they are called the “real parties in interest”). The representative is usually the executor of the decedent’s estate. “

“Who May Be Sued for a Wrongful Death?

Wrongful death lawsuits can be brought against a wide variety of persons, companies, government agencies, and employees. For example, in a car accident involving a faulty roadway and a drunk driver, a wrongful death action might include defendants such as:

• The driver or employer at fault in the automobile accident
• The designer or builder of the faulty roadway
• A government agent who failed to provide adequate warnings regarding a road hazard that caused the accident
• The manufacturer, distributor, or installer of a faulty or dangerous part of the vehicle
• The persons who sold, served, or gave alcohol to the impaired driver, or
• The owner of the premises where the alcohol was served.”

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