Articles Posted in Premise Liability

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(June 16, 2022) Yesterday, on Wednesday, June 15, 2022, an adult care facility went viral after a TikTok video showed deplorable living conditions, allegedly being ignored by staff. KENS5 reported that this New Braunfels facility was shown to have moldy ceilings and human waste on the floor, among other things, that the staff claimed to be unable to take care of due to “privacy issues.” The residents of this care facility can have intellectual or developmental disabilities that do not allow them to properly communicate with the staff, according to the report. The company that operates the River Gardens Care Facility, Caregiver Inc., released a statement saying that the viewers of the videos did not have context and that their staff reacts swiftly to restore a safe environment. The statement also pointed out that the facility had received no deficiencies after its state audit last year. In an apparent contradiction, a former employee who spoke to reporters at KENS5, Peggy Martin, stated that she was not surprised it “had gotten worse” since her leaving the company last year. Additionally, Texas Health and Human Services told KENS5 that they were aware of the allegations against the facility and that they were actively investigating. The CEO of Caregiver Inc., Mark Lashley, stated that they would be working with their employees at the River Gardens Center to immediately address necessary repairs and restore a safe environment.

Assisted Living Neglect and/or Abuse in San Antonio

Nursing home neglect is an unfortunately common occurrence here in San Antonio. Most families cannot afford to provide the emotionally and physically taxing challenge of the round-the-clock care that the elderly and disabled need. When they turn to nursing homes and assisted living facilities, they believe that they are entrusting the care of their loved ones to experienced and trained professionals. This is not always true, as is the case in the above story. Common signs of nursing home or assisted living neglect are bedsores, patient depression or withdrawal, and unexplained marks, cuts, or bruises. We understand that each case is unique, so if you think your loved one may be the victim of abuse and/or neglect from an assisted living facility, contact an experienced attorney as soon as possible.

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On December 23, 2021, the day before Christmas Eve and the day before her 22nd birthday, Jaqueline Durand was viciously mauled by two dogs. As reported by Today News, the Texas college student was scheduled to walk these dogs and had been given the key to the front door by the owners. She had previously met the dogs and the owners without incident. However, the owners had failed to mention that the animals in question had violent reactions to anyone who approached the front door. NBC News reported that the owners had a sign indicating their awareness of the danger, “The lawsuit cited a sign by the Bishops’ home entrance that read: “Crazy Dogs. Please Don’t Knock or Ring the Bell. Call or Text Instead.” The sign also urged visitors to leave packages by the door, according to the lawsuit” (2022). According to the lawsuit filed by Durand’s attorney she was attacked immediately upon opening the front door. The mauling was so violent that Jaqueline lost both of her ears and her lips, as well as most of her face below her eyes. The neighbor who rescued Jaqueline and called 911 was also bitten twice as detailed by the Lawsuit. Jaqueline was rushed to the hospital and was immediately placed in an induced coma which she did not come out of until January 5th. She has undergone eight surgeries since then, with a ninth scheduled to replace her lower eyelids. In an interview with Jaqueline’s father conducted by Today News, he said she was unable to speak to them at first due to the extent of her injuries, requiring her to communicate with sign language which she had previously learned while working with disabled and deaf children. 

A study conducted by the CDC found that roughly 4.5 million people are bitten every year in the United States. The Census Bureau reported roughly 330 million people are currently living in the United States, meaning that approximately 1 in 72 people is bitten by dogs every year. If you or someone you love has been injured by a dog attack in Texas, you may be wondering whether or not you have a case. An appellate court in Texas in 2013, determined that in order to claim negligence, the plaintiff would need to prove two things: First, that the defendant owned an animal with dangerous propensities abnormal to its class, and second those propensities caused his injuries. In order to know for sure whether or not you have a claim, you would need to speak to a legal expert.

Have you been Injured or Hospitalized by a dog attack? 

https://www.carabinshaw.com/news/wp-content/uploads/2021/07/Screen-Shot-2021-07-19-at-12.33.10-PM-1024x730.pngDangerous chemical leak at Houston-area Splashtown Sends Dozens to Hospitals

July 19, 2021:  Spring, Texas–A chemical leak at a Houston-area water park left dozens suffering from minor skin irritation and respiratory issues Saturday, authorities said.

Emergency personnel vehicles responded to the scene where people are being treated after a chemical leak at Six Flags Hurricane Harbor Splashtown Saturday, July 17, 2021 in Spring, Texas just north of Houston.

https://www.carabinshaw.com/news/wp-content/uploads/2021/07/Screen-Shot-2021-07-05-at-8.36.28-PM-300x142.pngJuly 5, 2021:  IOWA CITY, Iowa (AP) — A young boy was killed in a deadly accident on the Raging River Adventureland Park in Altoona, Iowa.  Investigators are looking into the cause of the boat accident ride which killed a child Saturday night at the Iowa amusement park when a raft carrying six people flipped over.  This is the second deadly incident on the ride in five years.

Michael Jaramillo, 11, died Sunday from his injuries, and another minor remained hospitalized in critical condition, according to the Altoona Police Department. Two other riders suffered minor injuries.

It’s important to follow safety protocols when operating a water park at all times.

pexels-markus-spiske-97047-200x300Friday, July 2, 2021, Texas:  As Americans head back to beaches and pools this summer, there is a new warning for families: Swim at their own risk. Some parts of the country are experiencing a dire lifeguard shortage.  Pool openings were actually delayed in Texas with reported that hundreds of lifeguard jobs were still available in early June.

Tom Gill, Vice President of the U.S. Lifesaving Association, said, “There’s no substitute for safety, and the lifeguards are a part of the safety chain.  The pandemic is largely to blame for the shortage.  Towns are not able to hire, train, and certify new lifeguards fast enough, just as more Americans are flocking to waterfront destinations for the summer.”

Some pools have closed due to staffing shortages.  A few facilities have posted notices on Facebook and websites turning away eager pool-goers.  In Austin, Texas, the rapidly growing city is trying to stay afloat with just 250 lifeguards registered with the city compared to 750 in a typical year.  “We just don’t have the time to get the lifeguards trained and on the payroll for this summer,” said Jodi Jay of Austin Parks and Recreation.

pexels-alexandr-podvalny-2705879-300x200May 24, 2021, San Antonio, TX – Every summer families head to the beaches, lakes and pools to beat the heat and cool off.  Summer fun also means a serious focus on summer safety. Texas had the deadliest rate of child pool and spa drownings in 2019 for children under age 15.  Drowning can happen anywhere which makes it necessary for everyone to practice water safety.

Just last week a two-year-old toddler died after squeezing through a safety gate and falling into a swimming pool here in Texas and another drowning tragedy involving toddlers occurred in Florida at a daycare center.  According to the Centers for Disease Control (CDC), drowning is one of the top causes of unintentional deaths for children in the U.S. There are nearly 400 pool-related drownings per year involving children.

In the U.S. drowning takes an average of 3,500-4,000 lives per year. That is nearly 10 fatal drownings per day.  The CDC reports an average of 3,536 fatal unintentional drownings annually in the U.S.  An additional 332 people die each year from drowning in boat-related incidents.

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