Washington and Seattle Injury Lawyers Phillips Webster » personal injury attorney

The Dangerous Hazards of Ski Resorts

Law Blogger — Mon, 06 Sep 2010 21:54:24 +0000

Ski Resorts in Washington State get some of the best snow fall in the country, particularly during the weather pattern known as El Nina, which is expected to hit in the 2010 and 2011 season. This level of snow makes ski resorts hazardous places.

Every winter there are reports of skiers suffering serious personal injuries from skiing or snowboarding accidents. Those who do the activity are fully aware of the hazards, but what about the people who aren’t skiing?

Washington ski resorts carry many hazards that people don’t think about and most of the hazards (of course) have to do with snow control. The resorts do the best they can to avoid avalanches through blasting or closing areas they feel are hazardous areas. They also clear walkways and try as much as they can to accommodate some of the patrons who are visiting the resort for the atmosphere and a fun holiday in the snow.

It is the ski resort’s responsibility to minimize the hazards of the environment that it makes money off of in order to protect patrons, their kids, and skiers/snowboarders alike. No one can control the weather, but after the weather has hit the ground, it is the resort’s problem. Snow accumulation along walkways, roadways, and on roofs can become a major problem and that is why it is imperative that the resort has policies and resources in place to alleviate the problem in a timely manner.

One example of the hazards of snow accumulation has gone to court recently and could end up costing the resort millions of dollars as a woman was rendered a paraplegic due to untimely and negligent snow clearing policies of one Washington ski resort.

Personal Injury Lawsuit

On Jan. 22, 2008, the 66-year-old Patricia Miller, of Ferndale, was sitting in a chair at the Mt. Baker Ski Resort in northern Washington. She was reading a book in an area outside of the lodge, waiting for her husband to come down from the slopes.

Suddenly, an accumulation of ice and snow on the lodge roof broke loose and collapsed on her. This heavy pile of snow and ice caused serious spinal cord injuries, head injuries, and other serious personal injuries.

The ski resort accident left her hospitalized for a month and required many more months of rehabilitation. Now she is a paraplegic and requires constant care to stay alive.

The lawsuit is seeking past and future medical expenses of more than $2.6 million, as well as $5 million in general damages such as pain and suffering.

The ski resort is of course defending itself saying that clearing the roof would put their employees in danger. They said that there were moveable metal barriers and signs under the roof warning of falling snow and that Miller was at fault because she had placed the chair inside the metal barrier area. They also brought out a witness, an employee, who said that he had warned her about the dangers only minutes before the accident.

The woman’s attorney told the jury that the metal barrier must have been open because for a 66 year-old woman to move the heavy barrier with a plastic chair and a book in her hand would have been impossible. The lawyer also pointed out that she was still 15 feet from the edge of the roof and that the “snow boulder” on the roof shot out and would have hit her whether she was on the right side or wrong side of the barrier. They brought out a witness who was sitting nearby to attest to that.

The jury in this personal injury lawsuit have not yet given a verdict as of the posting of this article.

Phillips Webster has neither involvement nor legal interest in this lawsuit, but it brings up good questions about the level of responsibility for ski resorts and what some of the preventable hazards are.

Dangerous Hazards in Ski Resorts

Wandering the hallways, walkways, and facilities of Washington State’s ski resorts can be like walking in a whole different world. Many of them are set up like mountain villages in the Alps in Europe with restaurants and shops offering all of the conveniences of home. But where there is snow, there is ice and dampness everywhere. Some of the hazards visitors need to look out for are:

Slick Walkways – Keeping pedestrian walkways clear of packed snow and ice is a daily battle for resorts. These can lead to serious personal injuries from slipping and falling and cause broken bones and head injuries particularly in children and elderly people. Please make sure to change out of slick ski and snowboard boots and into snow boots with good traction to avoid falls.
Icy Outdoor Hot Tub Areas – After a long day on the slopes there’s nothing more fun or relaxing than getting into a steamy hot tub in the freezing winter evening and sipping on a hot drink. But as people get in and out of the tubs they leave a trail of water, which freezes rather quickly. Make sure to wear shower shoes and hold onto available handrails when going from the hot tub to inside the dry resort.
Pools of Water – Snow can cling to the boots, jackets, and hats of skiers and fall off long after they’ve entered a facility. These little piles of snow melt quickly leaving little hazards that can catch a running child or a person not paying attention unexpectedly. They can also leave patches of carpet in hotel hallways unexpectedly slick. Please keep an eye out for these.
Fire Hazards – One of the most romantic parts of the ski resort experience is snuggling up near a warm crackling fire. That is, until the fire crackles onto you. Whether you make a fire in the fireplace provided in your cabin or are in a public area in the resort, use caution and make sure the screen is closed. Also, don’t dry clothing too close to the fire as some materials ignite easily.
Chair Lift – The chair lift is used by skiers and snowboarders to get up the hill in order to ski down. These are crowded areas with fast chairs requiring people to move quickly into position in order to sit in the chair rather than being hit by it, dragged by it, or hung by it. It is very important to be extra cautious when getting on and off of the chair lift.
Snowdrifts – People don’t realize how easily it is to get injured in a snowdrift. Children can fall off of a balcony or high area into a snowdrift and be completely covered out fo the site of their parents and passers-by. Inside the child has no way of knowing which way is up and could easily get more and more stuck as they struggle to get out. Please be cognizant of this hazard.
Falling Snow and Icicles – As you can see in the lawsuit above that falling snow can severely injure or kill innocent bystanders. The hazard from falling icicles is just as dangerous. Some icicles can get as long as a car, as thick as a drainage pipe, and as sharp as a spear, piercing the human body just as easily. Please keep a wide berth from eaves.
Car Accidents – Hazardous roadways are some of the biggest concerns in ski areas as traffic flows in and out of the resort. Keeping roadways clear is a daunting task as snow piles up narrowing roads throughout the season. Also dangerous is driving from a dry parking garage onto the slick roadways as many cars immediately begin to slide the moment their car hits the ice and snow. Always drive patiently and cautiously on snowy roadways.

Personal Injury Attorneys of WA Helping Victims

Ski Resorts are multimillion dollar businesses in a sport that seems to be growing every year and Washington State ski resorts are at the forefront with the Cascade Mountain range splitting the state seemingly in half. As the resorts update their facilities from what were cabins in the mountains with a few tow-lines for the diehard skiers to state-of-the-art, full service family facilities, they should be aware of the dangers.

The safety of the resorts should be in the forefront of the designs to assure that the patrons, whether they’re skiers or just out for a relaxing weekend, are protected and able to enjoy their experience without the threat of injury.

Phillips Webster is a full service law firm with decades of successful Personal Injury Litigation. They take the time to fully assess the injured party’s case in order to assure that the victim receives the compensation they deserve. Call us today for a free consultation.

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Man Killed, Couple Suffer Critical Personal Injuries in Head-On Collision on Highway 2

Law Blogger — Tue, 31 Aug 2010 00:24:00 +0000

A maneuver like a U-turn is hard enough in regular circumstances, particularly when it’s a three point U-turn. Doing it on the highway might be the most dangerous, particularly if the highway is curvy and narrow. In these situations it is probably best to find a turnout or rest stop in which to change directions. A man made the fatal mistake of taking his chances with U-turning on a busy highway this weekend.

The Washington State Patrol says 29-year-old Jason McDowell was traveling northbound on Highway 2 near Bear Lake Park in his 1987 Subaru. It is unknown why he needed to turn around heading south, but during the maneuver he turned straight into the path of an oncoming SUV.

Derris Casselman, 68, and his passenger, 66-year-old Arlene Casselman, were traveling southbound in their large SUV, when they collided with the Subaru head-on, reducing the smaller car into mangled mess of metal that bounced off the SUV to the grassy shoulder and came to a stop.

The patrol responded to several calls from other drivers. When they arrived, they examined the wreckage and pronounced McDowell dead at the scene.

The Casselmans were rushed to Sacred Heart Hospital where they are both listed in critical condition with serious personal injuries.

Washington State Patrol does not believe drugs or alcohol were factors and they are still investigating the crash.

Our condolences go out to the family and friends of the deceased gentleman. It is our hope that the Casselmans make a swift and full recovery.

Head-on collisions used to be the worst kinds of car accidents with a very high fatality rate and leaving millions of people with serious knee injuries and head injuries. Since the introduction and subsequent requirement of shoulder strap seat belts and driver side air bags along with structural modifications by car manufacturers, that fatality rate has plummeted. Unfortunately for Mr. McDowell, the ’87 Subaru was built before airbags were standard.

If you or someone you know have sustained serious personal injuries in a car accident then you need experienced counsel to protect your interests with the insurance companies and health care providers. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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Man Killed, 2 Teens Suffer Critical Personal Injuries in Head-On Collision With Motor Home

Law Blogger — Wed, 18 Aug 2010 00:41:19 +0000

Cars drifting across the center line is an extremely common way for some of the most horrific of accidents as the car drives into the direct path of on coming traffic causing a head-on collision. That’s what authorities are suspecting early in a crash that happened just hours ago near Port Ludlow.

Troopers said the 21-foot motor home was headed west on Teal Lake Road when it drifted across the center line and slammed head-on into a Lexus in the eastbound lane.

The collision sent the motor home spinning off the roadway, where it fell, slid on the shoulder, and came to rest on its side.

Police and medical crews rushed to the location, but were not able to arrive in time to save the driver of the motor home. They pronounced him dead at the scene.

The collision also trapped the two teenage occupants of the Lexus inside the car. The girls were cut out of the vehicle and both had to be airlifted to Harborview Medical Center in Seattle with critical personal injuries.

Investigators have no idea what caused the motor home to cross the center line and the drivers involved in this tragic accident have not been identified.

Our condolences go out to the family and friends of the deceased and our thoughts are with the two young women in the hospital. We sincerely hope that the girls recover without any lasting effects.

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Small Plane Crashes in Roche Harbor; 3 People Sustain Personal Injuries

Law Blogger — Thu, 12 Aug 2010 01:11:51 +0000

According to statistics only about 38% of airline accidents are due to operator error, as opposed to car accidents, which are about 99%. The shocking thing is that another 36% are caused by mechanical error. That’s a serious problem for small plane rental businesses, because their planes log a lot of hours, and even though there are regulations in place, old equipment has an expiration date.

There has been no determination of cause by the Federal Aviation Administration (FAA), but mechanical error is something that they will be considering in a small plane crash last week.

The plane took off from the Roche Harbor airport shortly after 5 pm Thursday in clear conditions and was forced to crash land about a mile later. It hit some trees and came to a rest on its nose in a disc golf course on Rouleau Road and Tarte Road/Limestone Point.

Luckily, everyone in the crumpled plane survived and the two passengers and pilot were able to extricate themselves from the wreckage.

Four District 3 engines and a rescue vehicle, as well as EMS emergency medical personnel, rushed to the accident.

Two people were treated at the scene.

San Juan EMS reported that a 79-year-old man sustained personal injuries and had to be taken by helicopter from Roche Harbor Airport to St. Joseph Hospital in Bellingham where he has since been released.

San Juan County Fire District 3 Chief Steve Marler said the airplane is believed to belong to the Naval Air Station Whidbey Island flight club.

Investigators collected evidence for the FAA to examine later.

This is an example of luck meshed with experience on the part of the pilot. Seeing those fairways may have been a real relief, but what seems long in a golf cart is very very short in an airplane, no matter what size. We’re glad to hear that everyone lived through that harrowing ordeal.

If you or someone you know has been seriously injured in an aviation accident then you need skilled representation to assure that you receive the compensation you deserve. Call the law firm of Phillips Webster for your free consultation

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Bystanders Rush to Aid Injured Child Pinned Under Car in Kirkland after Pedestrian Accident

Law Blogger — Tue, 10 Aug 2010 01:07:03 +0000

Late last week a woman with a stroller and another child was hit in the crosswalk as they stepped off of the curb in Federal Way. That accident cause serious personal injuries on both of the kids. Now, it has happened again today in Kirkland.

The Kirkland Police Department reported that a woman and a child were struck by a car in a Kirkland crosswalk. The car quickly came to a stop, but pinned the child under the car.

Bystanders rushed to their aid as some called the authorities. They were able to pull the child from under the car before medical crews and police showed up.

The child and the woman suffered serious personal injuries in the pedestrian accident. The driver of the car also sustained injuries. All three were rushed to local hospitals.

No information has been released on their conditions.

We hope that all three recover well and haven’t suffered any permanent damage.

In the summer time there is a large increase in pedestrian traffic all over the Puget Sound, but pedestrians can be hard to see sometimes during the day if there is glare from the sun or we’re paying attention to other traffic as we approach an intersection. It is very important that all of us stay alert and aware of everything around us when we’re driving.

If you or a loved one have been in a pedestrian injury accident it is important that you find legal representation right away to help you with insurance companies, health care providers, and especially legal issues. Call Phillips Webster for a consultation.

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Both Drivers Run From Scene in Double Hit-and-Run Injury Accident in Omak

Law Blogger — Wed, 04 Aug 2010 23:51:35 +0000

Unfortunately, several times every week we report a hit-and-run accident. It’s either a car or truck that hit a vehicle, bike, or pedestrian and speeds away from the scene leaving the injured victim to struggle alone for their lives. At least once a week we do a story on a driver that crashes their car, but the car is no longer drivable, so they take off on foot as if the police will forget to look at their license plates. In this scenario, the victims are again left to fend for themselves. But on Sunday, in a bizarre twist, the car accident resulted in both drivers running for it, leaving several of their friends broken and bleeding.

The accident happened on State Route 97 on Sunday. According to the Washington State Patrol both vehicles were southbound when one of the cars was making a left hand turn into a private drive when the other vehicle attempted to pass and hit them during their turn causing serious damage to both vehicles. When the vehicles came to a spinning stop is when the weirdness began.

Like clowns at a circus, both of the cars had multiple occupants. They began to pile out and ran for it, including both of the drivers, leaving multiple friends in both of the cars with serious personal injuries.

When police and medical units arrived they found four victims in various states of injury.

Duran Marchand, 29, of Omak was listed as serious at the time has been upgraded to satisfactory condition at Sacred Heart Hospital in Spokane.

Three others were taken to Mid Valley Hospital.

Lacrisha Cate, 28, of Okanogan was treated for broken bones including a rib and collarbone.

Sarah Hall, 18, of Riverside was treated for a broken toe and multiple cuts.

Dustin Hayes, 22, of Okanogan was also transported for treatment of cuts and bruises.

Hall was cited for being a minor in possession of alcohol and other charges are pending.

The Patrol report says at this time it’s not known who was driving which vehicle. It seems the injured parties aren’t speaking or don’t remember.

Anyone with information regarding the collision is asked to contact Detective Loren Barger at the Patrol at (509) 663-9721.

Leaving the scene of an accident is a serious offense that negates any sort of leniency law enforcement or judges may have shown. Not only that, there is a serious character issue when someone flees without helping the victim. The best policy is to stop and face the consequences because law enforcement is extremely talented at finding their suspect.

If you or someone you know has been the victim of a hit and run accident then it is important that you find an attorney experienced in personal injury lawsuits to protect your rights and get you the compensation you deserve. Call the Seattle car accident lawyersat Phillips Webster for a free consultation.

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DUI Accident Attorneys: Two Men Die in High-Speed DUI Injury Accident

Law Blogger — Mon, 02 Aug 2010 23:40:21 +0000

The insurance companies surely know the statistics and reflect them into their premiums without hesitation. That statistic is: the number one cause of death amongst men ages 15 to 35 is speeding. Mix that with Driving Under the Influence (DUI) and suddenly it becomes the killer that parents of sons need to worry about the most. Unfortunately for two young men on Saturday night, they didn’t take the lessons to heart.

Witnesses reported seeing a silver BMW travelling northbound on Interstate 5 near Mercer Street at a very high rate of speed around 2:45 am.

Reports say that the speeding car clipped another vehicle and spun out of control. The BMW then collided into the rear of a moving Seattle Fire Department medic unit.

The male driver, 24, of Tumwater and the male passenger, 23, of Lynnwood, were pronounced dead at the scene.

The driver and passenger of the medic unit, a man and a woman, were rushed to nearby Harborview Medical Center with serious personal injuries.

While the details are still under investigation, the Washington State Patrol reports that alcohol appears to be a factor in this in what they call a “tragic and preventable collision.”

Our condolences go out to the families and friends of the deceased.

This was indeed tragic and preventable. The numbers of deaths have been declining slightly, but since Christine Gregoire introduced the Washington State’s Dept. of Transportation “Target Zero” program there has been a noticeable drop in overall road deaths. In fact the 2009 statistics show the lowest number of vehicle related deaths since 1955. The aim of the program is to lower the number of deaths to zero in a year. We hope for the benefits of young people and their families in the future that lofty goal is achieved.

If your loved one is killed in a DUI wreck, it is important that you find legal council as soon as possible to help you through the legal components of the tragedy. Call the Washington DUI Accident Lawyers at Phillips Webster for a consultation on your legal rights. We protect the rights of victims.

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Washington Personal Injury Lawyers: 2 Teens Seek Apology After Being Hit by DUI Driver

Law Blogger — Thu, 29 Jul 2010 03:55:55 +0000

Seeking an apology from drunk drivers is something that some victims choose to do and some victims just seek justice. But when it comes to DUI, some victims aren’t alive to hear it. In the case of two teenage girls in Spokane, they not only are luckily alive to hear it, they welcome it.

Nikki Hart, 15, says she was walking with her friend on 10th and Walnut on the South Hill of Spokane on Saturday when they were both hit by a truck.

According to police, the two girls were hit by a drunk driver named Mark Bear Dog, who they say was also under the influence of marijuana and admitted to them he was driving drunk.

Witnesses said that Bear Dog was driving his ford F-250 pickup, going about 30-35 mph and made no attempt to stop.

The girls were rushed to the hospital with personal injuries and the suspect went to jail. Now Nikki says she wants an apology.

“My friend doesn’t remember what happened and I do and it just makes it, I think pretty scary,” she said.

Hart came home from the hospital Tuesday afternoon. She says her jaw is hurting, she still feels pain in her hip and neck, and is scraped up from head to toe.

Nikki’s parents hope that the girl’s harrowing ordeal will cause others to think twice before driving under the influence.

“I could have lost my daughter, and I had to go to the hospital seeing her strapped down. I had to be strong for her,” said Nikki’s mom, Kelly St.Paul.

Bear Dog was arrested and faces one count of vehicular assault.

We’re glad to hear that the girls will recover fully.

DUI is an expensive and time consuming offense, but vehicular assault is a real crime that could be accompanied by real jail time. Especially if it is not the first offense or the accused has a criminal background. We know nothing about the suspect in this case, but we hope that he at least agrees to apologize.

If you or someone you know have sustained serious personal injuries in a dui accident then you need experienced counsel to protect your interests with the insurance companies and health care providers. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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Washington Car Accident Lawyers: Spokane Police Search For 3 Car Hit-and-Run Suspect

Law Blogger — Wed, 28 Jul 2010 21:50:37 +0000

There are bad decisions made every day by seemingly rational people. Some of the decisions stem from immaturity, others from sheer fear. But allegedly causing an injury car accident with car full of people who know who you are and then running from the scene may not have been the best decision a Montana man had made up to this point in his life.

The hit-and-run accident happened at around 9:45 pm at the intersection of Boone Avenue and Washington Street.

Witnesses said that two SUV’s headed northbound were stopped at a red light at Boone Ave. and Washington St. That’s when a car driven by Rick Smallsalmon, 32, of Montana, slammed into one SUV, which caused them to bump into the other SUV sitting next to it.

The car then continued through the intersection, finally stopping in the southbound lanes. Police say that Smallsalmon then jumped out and bolted from the scene, which contained four passengers.

All of them remained on scene and 2 were transported to the hospital with personal injuries. The passengers said that they had only known him for about a week and a half and described him as having long, braided hair and wearing a white tank top with black shorts at the time of the crash.

The SUVs sustained damage, but the car he was driving was completely totaled.

Police say the suspect is facing a felony hit-and-run charge because people were injured in the accident.

These are extremely serious charges and since the crime is a felony then there aren’t a whole lot of places the gentleman can run to. If it is determined that there was also drugs or alcohol involved then the man could be facing real jail time.

If you or someone you know have been killed or injured in a car accident it is imperative that you find legal council that can walk you through the insurance and litigation process. Call Phillips Webster for a consultation.

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Personal Injury Lawyers: Lawsuit Questions Chelan County Police Chase Policy

Law Blogger — Wed, 28 Jul 2010 02:09:37 +0000

Regular readers of this blog see stories of cars suddenly taking off from routine stops and leading police on high-speed chases that sometimes result in a horrific and senseless car accidents that cause serious personal injuries and in extreme cases, wrongful death. Now a Chelan County woman has taken her experience into court to try to change that policy.

Lora Zamudio, a Chelan County resident who injured in a 2007 fatal vehicle accident during a high-speed police chase, filed the lawsuit for damages in Douglas County Superior Court on Thursday. She is suing Chelan County and the executor of the man who was driving the car being chased.

Joshua B. Dominguez, 20, of Wenatchee, died Dec. 7, 2007, after fleeing a roadside sobriety test conducted by Chelan County Deputy Dan McCue.

Deputy Chris Wright pursued Dominguez in his police cruiser on Highway 150, between Chelan and Manson, until the fleeing vehicle collided with a Jeep Cherokee carrying 5 people, including Zamudio, who suffered serious personal injuries in the collision.

The Washington State Patrol and sheriff’s office both conducted investigations into the incident, and ruled in 2008 that Officer McCue’s conduct was correct in the pursuit, which reached speeds of 85 to 100 mph.

In the lawsuit, Zamudio claims the high-speed pursuit needlessly endangered the public. She also claims Dominguez’s negligence caused her serious injury.

The lawsuit asks for medical and lost wages, to be determined at trial.

Chelan County Prosecutor Gary Riesen has not yet commented on the lawsuit.

Chelan County has 20 days to answer the claim once it’s been served.

Phillips Webster is not the attorney in this case.

There are many people on the fence as to whether the policies of police chases are effective. One side say what Zamundio says which is that they can harm the community and put people in danger. The other side says that to not pursue is light on crime and allows criminals to take undo advantage of the system.

Each community may have different needs and thus, different policies. Perhaps a jury will be able to determine exactly what those needs are.

If you or someone you know has suffered a personal injury in an auto accident it is important that you find a skilled attorney to help you through the complicated insurance settlement process. Call the experienced Personal Injury Lawyers at Phillips Webster for a free consultation on how you can get the compensation you deserve.

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