Hit and Run Accident: Why You Should Contact A Lawyer

A hit and run accident is an accident where one of the parties involved leaves the scene of the accident. Often the vehicle that leaves the scene is unidentified and has failed to exchange information with the other driver, however, this is not always the case. There are instances where the other vehicle has been successfully identified whether by someone at the scene or at a later date. Hit and run accidents can also involve pedestrians who have been struck by a vehicle that has then fled the scene.

Leaving the scene of a hit and run accident between vehicles is a criminal offence under the Highway Traffic Act – especially if an individual is injured because of the accident.

These types of accidents can have serious consequences. It becomes harder to determine liability and collect accident details when there is no one at the scene to be held accountable or question. Hiring a skilled personal injury lawyer right away will help ensure victims are fully compensated.

 

Accident Claims
Even if an individual is involved in a hit and run accident that results in injury and the other vehicle cannot be identified, our team of professionals will find you coverage through your own insurance policy. In Ontario, the standard policy of insurance, referred to as OAP 1, contains provisions that allow you to seek recourse through unidentified and/or uninsured conditions of your own insurance policy. An experienced lawyer at Dye and Russell can help explain these legal difficulties & help recover fair compensation for your injuries.
Persons injured as a pedestrian, even while lacking an OAP 1, are still eligible to receive compensation. The Motor Vehicle Accident Claims Fund (MVACF) is a provincial body, set by the Province of Ontario, to assist persons without insurance. It is through this fund that a person can obtain accident benefits. Connecting with a personal injury lawyer is the best way to ensure you receive fair compensation.

 

Working with a Personal Injury Lawyer
When you work with a personal injury lawyer from Dye and Russell, we’ll make sure you have access to certain types of benefits and provide the help you need to navigate the system of insurance. Often times people think because the vehicle or person responsible for the accident cannot be identified, they have no options.
Our lawyers have experience working with big insurance companies and know how to get you maximum coverage. It is our responsibility to help identify the opportunities of recourse available to you. For instance, your own insurance policy. Any dependents, such as a spouse or child, are able to seek legal remedy under that policy.

 

Contacting a Personal Injury Lawyer
An expert lawyer from Dye and Russell can help you navigate the insurance system and help you get the fair and rightful compensation you deserve. They can assist with getting access to additional coverage under your policy and help you understand the legal side of your case.

 

If you or someone you know has been involved in a hit and run accident, call the professional lawyers at Dye and Russell today at 1-877-883-6171.

 

 

Skye OliverHit and Run Accident: Why You Should Contact A Lawyer
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Tips & Tricks: Bike Safety Basics

Cycling is a great way to get around—it gets you from point A to point B all while keeping you fit and helping the environment. Some studies have even shown that it is the safest mode of transportation, particularly for young adults. Even so, around 7,500 cyclists suffer severe injuries every year in Canada, while 70, 000 are treated in emergency rooms for injuries related to cycling, according to the CBC.

Over half of the Toronto population cycles, that’s 54% of Torontonians. Luckily, the Toronto Cycling Network Plan is working on making Toronto a more bike-friendly city. Hopefully, Canadian cities will one day be as welcoming to cyclists as European cities, where cyclist injury and death rates are substantially lower. As this eco-friendly method of transportation becomes more popular, cyclists and drivers will become more aware of their places on the roads and fewer accidents will occur.

Until then, there are many things cyclists can be aware of to ensure their safety on the roads. Here are some bike safety tips and tricks based on facts from the CBC and Ontario’s Ministry of Transportation:

Where you can and cannot ride

  • Cyclists must stay as close to the right side of the road as possible, especially if you’re slower than other traffic.
  • Cyclists cannot ride on controlled-access highways, such as Ontario’s 400-series highways
  • Cyclists are only allowed to walk their bikes through pedestrian crossovers.

Where and when it’s best to ride

If cyclists aren’t planning to ride to and from work, they should avoid riding during the afternoon rush hour—17% of cyclist deaths and 23% of cyclist injuries occur during this time.

The worst time for a cyclist to ride is at night—30% of cyclist deaths occur at this time. Avoiding busy cities and intersections is ideal for a cyclist’s safety—despite traffic control signs, cyclists are more likely to be injured in an area with these features. Cyclists should also avoid rural areas where the speed limits are 80km/h or more—44% of cyclist deaths happen on these roads.

Wearing a helmet

It is illegal for any cyclist under the age of 18 to ride without a helmet.

For any cyclist under the age of 16, a parent or guardian must ensure that they are not riding without a helmet. Adults are not required to wear a helmet, although it is strongly recommended, as it lowers a cyclist’s chance of injury by 90%.

Additional cycling laws 

The following are changes made regarding cycling law after the passing of Bill 31- Transportation Statute Law Amendment Act , effective September 1, 2015: 

  • All drivers of motor vehicles are required to maintain a minimum distance of one metre, where practical, when passing cyclists on highways;
  • Persons who improperly open or leave opened the doors of motor vehicles on highways face increased penalties (commonly known as “dooring”).
  • The fine for non-compliance with bicycle light, reflector and reflective requirements will increase; and
  • Cyclists are permitted to use lamps that produce intermittent flashes of red light.

 

For more information on Ontario bike laws, visit the Ontario Ministry of Transportation website. If you know of a cyclist who has been in an accident, have them contact us at our Ajax (905-427-2000) or Barrie offices (705-726-2146) for their free consultation.

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Water Safety Tips for Toddlers & Children

Teaching your kids to swim & understanding how to be safe around pools or open water is a responsibility every parent takes on. Knowing your toddler or child(ren) can swim can be comforting for parents, but it shouldn’t be your only strategy for keeping them safe.

You teach them to stop & look both ways before crossing the street, not to run out on to the road, to look for cars & where to safely cross the street, yet you wouldn’t leave your toddler or young child unattended playing by the road.

The same goes for pools, open water & even bathtubs. Drownings can occur in as little as 1.5 inches (4 cm) of water.

 

Supervision

A parent or guardian should always be present when toddlers & or young children are near water. They should always know where their child(ren) are & what potential hazards are nearby.

Creating barriers between the child(ren) & the water reduces the ability & likelihood that the child can reach the hazard. Fencing around a pool is a common method used to keep the area inaccessible. Self-latching or locking gates that are also self-closing add additional safety measures. Any gates or barriers should be regularly inspected to ensure they’re functioning properly.

 

Pool Rules

Having established pool rules can help instill the need for safety around the water.

The most common & well-known pool rule of them all is no running around the pool. A slip & fall is more likely to occur on wet surfaces & can result in serious injury.

Cleaning up the pool deck so it’s free from water toys or other pool accessories can minimize a child’s temptation to play in that area. It can also reduce the potential for someone to trip over the objects & fall into the water headfirst.

No adult, no entry. Teach them that entering the pool, lake, pond etc. can only be done once a parent has done so. This will enforce to toddlers & younger children that they shouldn’t be going in the water by themselves & that an adult needs to be with them to be in the water.

Follow through. If you say you’re going to go swimming, make sure you keep that promise. By following through with this promise, the child(ren) won’t feel as strong of a need to go near the water when you aren’t around.

 

Open Water VS Swimming Pool

Swimming at the cottage or in another open body of water is not the same as swimming in a pool at home or recreation centre. A swimming pool is a contained space where the elements can be controlled. Open water brings new hazards that swimmers are faced with. Strong currents, colder water temperatures, greater distances to land or shore, undertows, & even other watercrafts to name a few.

If you or a child has become caught in a river current or fast moving water, the Canadian Red Cross suggests rolling on your back & pointing your feet downstream. This is to avoid hitting any obstacles headfirst. When out of the strongest part of the current, swim straight towards the shore.

 

Lifejackets & Personal Flotation Devices (PFD)

Drowning accidents can be preventable. When worn properly, a Canadian approved standard lifejacket is designed to turn an unconscious person from their front, over to their back so their face up in the water, allowing them to breathe.

When buying a lifejacket for a child there are certain things you want to look for:

  • Canadian approval label containing the chest size or weight it is intended for
  • Large collars will help support a child’s head & give additional protection
  • A strap on the collar to grab on to
  • A secure strap that fastens between the child’s legs, so the device doesn’t slip off
  • Bright colours are more noticeable in the water; red, yellow & orange are preferred options

Having a lifejacket or PFD close by, even within reach, isn’t close enough. The need for adult supervision is always required around water & lifejackets or PFDs aren’t a replacement.

 

If you or someone you know has been involved in an accident your road to recovery is important to us. Fast dial #1000 free from your cell and our experienced team at Dye and Russell will get you the support you need.

Skye OliverWater Safety Tips for Toddlers & Children
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Common Questions Personal Injury Lawyers Get

The field of personal injury law can be unclear and often leave people feeling confused and overwhelmed. There is emotional and financial stress that coincides with an injury and navigating the recovery process, both legally and health wise, can be daunting.

At Dye & Russell it’s our mission to help guide you and your family through the entire process, protecting your rights and fighting to make sure you receive what you’re entitled to. Big insurance companies don’t have your best interests at the forefront and aren’t going to fight to get what you deserve; they want to pay out as little as possible.

As personal injury lawyers, it’s important that our clients feel empowered and knowledgeable about their case; after all it’s their lives that are impacted. To alleviate some of the unknown, here are some of the common questions asked of our lawyers at Dye & Russell.

  1. Why do I need a personal injury lawyer?

Simply put, personal injury law is one of, if not the most, complex areas of law. It requires going after compensation from large insurance companies, all while navigating the elusive, ever changing laws and regulations. Having been in the industry for over 20 years, our personal injury lawyers have the experience and expertise to protect your rights and get you on the right path to a complete recovery.

 

  1. How soon after and accident or injury can I contact a personal injury lawyer?

If you or someone you know has been involved in an accident, it’s important that you contact a personal injury lawyer as soon as possible. There are certain cases that require you to put the defendant on notice within a matter of days if you will be suing. If this doesn’t occur, the defendant can argue the claim is out of time & that you weren’t really injured, potentially barring your claim. Dye & Russell aims to protect your rights and provide you access to the treatment needed in the beginning stages of your injury. Acting quickly to collect and preserve necessary evidence to present your case makes a difference in receiving what’s fair.

 

  1. How do I pay for the legal services?

One of the common reason’s individuals don’t seek out a personal injury lawyer is the fear of what it will cost. Often their injury has prevented them from working so the thought of another expense is off-putting. At Dye & Russell we offer a free claim evaluation of your case, no obligation. When you do decide to have us represent you, you don’t pay until we’ve settled or won your case. We ensure you receive the proper funding for necessary treatment and do whatever it takes to properly assess and present your claim. Little things like this can help relieve some of the stress and financial burden that is tied to a personal injury case.

 

  1. How long does it take to settle my claim?

The amount of time it takes to settle a personal injury claim can change based on the complexity of the case. It isn’t uncommon for cases to range from 2-3 years before being resolved; although some are resolved much quicker. When you contact Dye & Russell we’ll happily explain the claim and litigation process, in addition to providing you with an estimate on how long it will take to resolve the claim.

 

If you feel you have been wrongfully injured in an accident due to the negligence of another or have had your claim denied, contact Dye & Russell.

Skye OliverCommon Questions Personal Injury Lawyers Get
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What You Should Consider When Disputing an Insurance Claim

 

Everyone knows that dealing with the big insurance companies can give you a headache and have you running around in circles with no answers. Policies can be so complex that sadly, insurance companies have often used their inside knowledge to take advantage of insureds through policy loopholes. This can leave insureds at a standstill in regards to their insurance claims and even result in a claim being denied.

Insurance is one of those things that you love to hate but have it anyways. It gives you and your family the protection they will need if something should happen to them or yourself. However, even if you are paying your bill on time each month and never miss a payment, insurance companies will look to find the cheapest way to pay out your claim to save money for themselves, if they pay out at all. This can be the last thing you want to deal with when you’re faced with a loss.

Here are four steps to consider when resolving a dispute with an insurance company.

Gather information

  • Insurance policies aren’t always easily understood by the average person. Ask your agent, broker or insurance representative for clarification about your concern/issue. The rights and responsibilities of all parties are written within the policy (aka contract), however miscommunications can occur.
  • If you have general questions you can contact the IBC Consumer Information Centre (CIC). They can assist with basic questions about policy wording, coverage or how to proceed with a complaint

Get in touch with the insurance companies Complaint Liaison Officer or Ombudsperson

  • Licensed insurers have a complaint resolution process, and someone assigned to enforce this process. This role is regulated by the provincial regulator.
  • If you plan on making a complaint through this channel, be sure to state your complaint clearly, including the expected resolution. Be sure to have all your documentation readily available and take note of all persons you spoke with regarding the complaint as well as what was spoken about. Finally, give the Complaint Liaison Officer or Ombudsperson sufficient time to investigate & respond to your complaint.

Reach out to the GIO (General Insurance OmbudsService)

  • If you’ve gone through your insurers complaint processes and aren’t satisfied you can request a Final Position Letter and contact the GIO. The GIO is an impartial consumer dispute resolution system. It is in place to help you and the insurer resolve disputes about claim-related matters.

Take it to the Federal or Provincial level

  • If your dispute cannot be solved by the GIO, or if the insurance company isn’t a member of the GIO, you can take it a step further by contacting a Financial Consumer Agency of Canada.

Dye & Russell should be your first call if you’re having issues claiming insurance compensation. We have the experience and knowledge of the industry that keep us from being pushed around by policymakers. Let us handle the big insurance companies and take the stress away from you to get you what you deserve.

If you’ve experienced a claim denial or want to dispute a claim, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

 

Skye OliverWhat You Should Consider When Disputing an Insurance Claim
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Understanding the Levels of Spinal Cord Injury

Accidents that result in a spinal cord injury can be scary stuff. The spine is made up of vertebrae and depending on the location of the injury there can be life changing effects, like losing the ability to walk or use other parts or functions of the body all together. Generally, injuries have a greater severity and dysfunction tends to occur the higher up the injury is on the spinal cord.

The spine is split into 3 levels; the lower back containing lumbar and sacral nerves, the thoracic nerves in the mid-back and the upper back with the upper and lower cervical nerves. These are some of the outcomes that can be expected if a spinal cord injury is sustained.

Lower Back

Lumbar nerves (L1 – L5)

  • Often, insured parties suffer from loss of function in their hips or legs.
  • There is limited or no voluntary control over the use of the bladder or bowel. However, with the use of special equipment this can be managed on their own.
  • Use of a wheelchair or leg braces may be required depending on the strength of their legs.

Sacral nerves (S1 – S5)

  • Like lumbar nerve injuries, there is often some loss of hip or leg movement as well as limited or no voluntary use of the bladder or bowels. Persons can manage this with use of special equipment.
  • There is a likelihood that walking will occur.


Mid Back

Thoracic nerves (T1 – T5)

  • Injured nerves impact muscles in the upper chest, mid-back and abdominal areas.
  • While hand and arm function may be normal, often times the trunk and legs are affected (known as paraplegia).
  • Persons will typically be able to use a manual wheelchair and eventually drive a modified vehicle. Others will be able to stand in a standing frame or walk with leg braces.

Thoracic nerves (T6 – T12)

  • Tends to result in paraplegia with normal use of the upper body.
  • Persons can maintain control and their balance when in the seated position.
  • May experience some productive coughing if the abdominal muscles are intact.
  • As with the thoracic nerve T1 – T5 injuries, persons most likely use manual wheelchairs, learn to drive modified vehicles, stand with a standing frame and some even walk with braces.

Upper Back

High-cervical nerves (C1 – C4)

  • This most severe level of spinal cord injury; results in complete paralysis of the arms, hands, trunk and legs
  • Generally, persons are unable to breathe, cough, or control bowel or bladder movements on their own.
  • Requires assistance with daily living activities (e.g., bathing, eating) and needs 24-hour a day care.
  • Cannot drive motor vehicles on their own however may be able to use a powered wheelchair with special controls.
  • Speech can also be impaired or reduced.

Low-cervical nerves (C5 – C8)

  • Nerves in this group control the arms and hands
  • This level of injury may allow a person to breathe and speak normally on their own.
  • Each of the vertebrae in this level affects different nerves and muscles and depending on the specific vertebrae that is injured, have different outcomes
    • Injury of the C5 vertebrae for example may leave a person with the ability to move their hands and arms and bend their elbows while an injury of the C7 could mean the person’s elbow and finger extension range is impacted.
    • Injuries of the C6 typically cause paralysis of the hands, trunk and legs where as C8 injuries can affect hand movement and the ability to grasp and release objects.

 

No matter the level of spinal cord injury that a person faces, it is life altering. A task that used to be easy, maybe even taken for granted, is now difficult and could require assistance. Sadly, spinal cord injuries affect approximately 85, 000 Canadians with an average increase of 4000 per year.

 

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

Skye OliverUnderstanding the Levels of Spinal Cord Injury
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5 Common Liability Claims Faced By Homeowners

Home is supposed to be a safe place, not just for you but anyone that comes on to your property. You try to take care of your lawn & trim trees, shovel snow in the winter and fix uneven floorboards on your deck. Sometimes you’re better than other times.

Even with all that upkeep, there are possible hazards in your home and on your property that could cause (accidental) harm to others. A simple slip & fall could land you a hefty bill if a lawsuit is filed & your home insurance policy doesn’t fully cover you.

These are 5 common liability claims that a homeowners could face.

Dog bites

Did you know that most insurance policies cover damages or injuries that are caused by members of your household? Probably. But did you know that pets are often included in that coverage? Apart from some dog breeds, dogs that are at a lower (perceived) risk of biting are considered members of your household & therefore covered by your policy.

In the home or on the property

Accidents ranging from a guest tripping on a carpet that isn’t properly secured or falling through a broken stair are fair game. Even those door-to-door salespeople who come on to your property without your permission. Neglect on your part to clear a sidewalk or path to your front door could mean you’re left on the hook.

Guests under the influence

Hosting a party at home or an event at another location, the liability you have over your guests remains in place. When alcohol is involved and a person becomes intoxicated, any harm they may cause to another person or to property could be your responsibility. Hiring a bartender can help monitor the amount of alcohol guests are consuming.

Falling trees

The extra weight of snow and ice weigh down small trees and branches makes them prime candidates for snapping off and crashing into whatever’s below. It’s a good idea to trim trees and any overhang in the fall before things freeze.

Domestic workers

It is becoming more common for families to hire help around the home. From nanny’s to maintenance workers each person hired to work on your property increases your liability should that person get injured while at work. Sometimes workers can have workers compensation in the event of lost wages, so it’s important to do your research ahead of time.

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.

 

 

Skye Oliver5 Common Liability Claims Faced By Homeowners
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Working and long-term disability

What you need to know

After an injury you face a number of uncertainties—especially if one of them is determining whether or not you can continue to work in the role you were in before your injury.

Wondering whether or not you will be able to support yourself, your family and wondering what your financial future will look like can leave you feeling helpless and worried, but there are a number of paths ahead of you to help you get the support that you need.

Returning to work

While on your recovery journey sometimes victims of personal injury can recover to a point where they can return to the work you did before your injury.

Returning to different work

However, unfortunately this isn’t always possible. If you are not able to return to the point where you are able to return to the work you did before your injury, there may be different professions or roles you could pursue with your disability in a new chapter of your life. As difficult this can be, it can open up a new path for you in your life to do different work that also feels rewarding.

Insurance

But, if you are not able to return to work there are a number of resources available to you. If you are covered by short-term or long-term disability insurance this is an outlet to get financial benefits if you are unable to return to work.

Canadian Pension Plan

Another possible way to receive the benefits you need could be through the Canadian Pension Plan (CPP). The CPP has a number of different benefits to help those who are disabled and their families.

No matter where your recovery journey leads you when it comes to your work life it’s important to have an expert to help you secure the legal, financial and personal support necessary following an accident. Dye and Russell is here for you.

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.

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How self-care can help injury recovery

Self-care—it’s one of those buzz words that’s been floating around, entering the everyday and medical world. But what does it really mean?

The fact that self-care is very personal and situational can make it hard to define, but a general definition is that self-care is “any necessary human regulatory function which is under individual control, deliberate and self-initiated.”

Practicing self-care can be a valuable practice that can be catered to anyone’s recovery journey. While your individual injury and situation can dictate what you are capable of doing for yourself (and what will work for you), incorporating self-care into your life can be a key skill to aid in your recovery and adjusting to your new life post-injury. It can help you put yourself in charge of your recovery.

Physical Self-care

After an injury it is likely that your physical needs will change. Whether that’s how long you need to sleep for every night or your eating habits, talking to your doctor about the physical aspects of your life that you will need to adjust after your injury is key to equipping yourself with the knowledge required to make the life adjustments you need.

Making sure you are getting the appropriate amount of sleep can ensure that your body can get the rest it needs to help itself repair. Eating nutritious food that fuels your body is important to giving yourself what you need during and after recovery. Also doing activities within your abilities to energize your body can help you feel better, like stretching, swimming, running, doing yoga, etc.

Mental Self-care

An injury can bring a lot of stress into your life. While stress can be helpful by giving you the ability to deal with challenges and threats you face, lots of it over time can take a toll on you. What helps people destress is a very personal thing. If you already know things that help you destress make time for them in your life. But, if you don’t know what can help you destress, or if you are no longer able to do what used to help you relax before your injury try some new ways and see what works. Taking a long bath, starting a meditation practice, and/or finding a new hobby are all things that could help.

Emotional Self-care

Self-care can also help you cope with the emotional toll an injury can take on your life. Spending time to dedicate to your emotional health, like seeing a counselor, journaling, taking time to talk and spend time with people you love and/or writing down gratitude lists can help

you be with the range of emotional challenges an injury can force you to experience. Among them learning to adjust to your life post-injury can be difficult. Trying to write a new mission statement for your life going forward is a great way to frame your new perspective of success and fulfillment.

Self-care after an injury makes you an empowered member of your circle of care—the team that is there to help you on your recovery journey. Another important member of your circle of care is a personal injury lawyer that can secure the legal, financial and personal support necessary following an accident. That’s where Dye and Russell can be there for you following your accident.

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.

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Summer BBQ safety tips

There are few things that go better with a summer evening than a cold beverage and barbecue.  But barbecues can cause serious injury if they aren’t used properly. To help keep your summer full of delicious barbecue, as well as safe for you and your loved ones, here are some tips from The Government of Canada:

  1. Do a safety check

Before you start barbecuing it’s important to do a safety check of your grill—especially if it hasn’t been sitting unused for a long period of time. Look for blocked burners, damaged seals and leaks in the hoses or fittings. To check for leaks in the hose or fittings coat the hose and fittings with a soapy water solution. If bubbles form and grow that’s a sign of a leak.

Also, make sure your grill is clean. Cleaning excess grease or fat build-up on your barbeque can remove a source of fuel for dangerous flare-ups and help keep you safe.

  1. Make sure it’s in a safe location

How you position your grill can prevent a fire from happening. Barbeques should be used outdoors (not indoors or under overhangs, enclosures, etc.) in a well-ventilated area and be at least three meters away from any building on an even surface. Also, keep an eye out for other items nearby that could catch fire, like umbrellas or hanging baskets.

  1. Turn on with caution

Before you even think about grilling it’s important that you have read the instructions that came with from the barbecue’s manufacturer to get to know your grill and how to operate it properly.

While going about lighting your barbeque never have the lid closed or lean over the barbeque. If you’re using a gas-powered grill and it doesn’t light right away turn off the gas valve and wait for the gas to go away before re-lighting.

  1. Have the proper tools handy

Preventing an injury can only happen if you’re ready. Make sure you prevent burns by cooking with long-handled utensils and heat-resistant mitts. Have a spray water-bottle handy to help manage flare-ups and a fire extinguisher close in case of a fire.

Also, be very careful while using metal-bristled barbeque brushes. The bristles can come loose, stick to your grill and eventually end up in your food—which can result in serious digestive injuries. Inspect your brush and your grill carefully for loose bristles, throw away brushes when you notice bristles becoming loose, replace brushes often and consider buying non-metal barbeque brushes.

  1. Pay attention

While you’re barbequing never leave the grill unattended and be aware of how much food you are loading onto it. If a fire starts they spread quickly, so your grill needs constant attention. Also, over-loading your grill (especially with fatty meat) can cause an excess of oil or grease and create large flare-ups.

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.

 

 

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