A Legionnaires’ disease outbreak at a Hampton Beach hotel has claimed left one person dead and 14 others ill.

Details of the Hotel Legionnaires’ Outbreak

According to reports,  the last case was identified on Tuesday. The outbreak has been traced back to The Sands Resort on Ashworth Avenue, according to State Health Commissioner Jeffrey Meyers.

The hotel’s water system and space, among other sources, were found to have the bacteria that causes Legionnaires’ disease. Meyers ordered the owner of The Sand, Tom Saab, to remove the bacteria and notify guests.

The individual who died due to the disease was identified as an elderly individual.

About Legionnaires’ Disease

Legionnaires’ disease is typically found in wet areas such as hot tubs and showers, and is acquired by breathing it in. However, the disease cannot be acquired by drinking it, nor can it be transmitted from person to person.

Legionnaires’ disease was first discovered in 1976 after an outbreak at a Pennsylvania convention of the American Legion — hence its name. There were about 6,100 confirmed cases of Legionnaires’ disease in the U.S. last year, according to the Centers for Disease Control and Prevention.

Guests of The Sand should watch out for symptoms including fever, nausea, shortness of breath, and chest pain, Health Officials say. The elderly, young and sick are at higher risk of contracting Legionnaires’ disease, which is usually not fatal in health individuals.

Contact an Experienced Premises Liability Injury Attorney

If you or a loved one sustained an injury due to the negligence of a property owner, you may be entitled to compensation. Our experienced team of premises liability accident lawyers are available 24/7, nights and weekends to evaluate your claim. Premises liability lawsuits can be complicated, but Thomas J. Henry has decades of experience and the legal resources to develop your case properly and put you in the best position possible to achieve real results.

Contact us today for a free case review. Our firm has offices in Corpus Christi, San Antonio, Austin, El Paso, and Houston, serving clients across Texas and nationwide.

A roller coaster accident at Daytona Beach’s boardwalk left several people injured with at least two people falling from the ride.

About the Daytona Beach Train Derailment

According to ABC News, at least two people were thrown from the roller coaster as it became partially derailed from the tracks, falling 34 feet to the ground below.

Upon arriving to the chaotic scene, first responders found the front car of the Sandblaster roller coaster completely off the track and dangling with its front end towards the ground. The two passengers who were ejected from the ride were determined to be “Trauma Alerts” and were rushed to the hospital.

Another two riders remained in the derailed front car and six other passengers were contained in the middle and rear cars. The riders were kept in place by seatbelts until all eight passengers could be safety extricated from the ride.

Six of the 10 riders have been hospitalized; however, the condition of the passengers and the extent of their injuries were not immediately available.

The accident remains under investigation.

Amusement Park Ride Accidents

Last year, a report in the Huffington Post examined accident data from the country’s 400 million amusement parks. Their analysis concluded that of all ride types, roller coasters contributed to the highest number of amusement park injuries at 27.6 percent. In total, 47 people died on U.S. roller coasters between 1998 and 2012.

Other rides that are more commonly associated with amusement park fatalities include: Ferris wheels, gondolas, and cables rides (20.7 percent), water rides (15.3 percent), and spinning ridges (13.6 percent).

Causes of Amusement Park Accidents

According to U.S. Consumer Product Safety Commission (CPSC) reports, the most common causes of amusement park accidents include mechanical failures, operator behavior, and consumer behavior.

If your child has been injured at an amusement park, three types of law may apply – negligence, premises liability, and product liability law. A number of factors may be involved and a variety of responsible parties could be liable for your child’s injury. Thus, it is important that you seek immediate help from an experienced child injury attorney.

Contact an Experienced Roller Coaster Accident Attorney

Amusement parks are intended to give families a fun, entertaining venue to have fun and relax. The last thing people should worry about when at an amusement park is their safety and the safety of their children. Regulation and oversight of fixed-site amusement parks can be lacking, which could lead to unsafe rides and experiences. If you or a loved one were injured while at an amusement park, contact Thomas J. Henry for a free case review.

Our experienced amusement park injury lawyers are available 24/7, nights and weekends to take your call. Thomas J. Henry has offices located in Corpus Christi, San Antonio, and Houston, serving clients across Texas and nationwide.

The death toll has climbed to six as responders continue their rescue and recovery efforts at the scene of a catastrophic bridge collapse at Florida International University.

About the Fatal Florida Bridge Collapse

The fatal incident occurred around 2:00 PM Thursday when a 960-ton bridge collapsed onto southwest Eighth Street. Initial reports revealed at least eight vehicles became trapped under the structure.

Authorities announced Friday morning that the death toll had reached six, adding that more victims may still be buried in the rubble. It’s been revealed that at least one of the victims was a Florida International University student.

The 175-foot pedestrian bridge was built to connect the city of Sweetwater with the FIU campus. The bridge had just been installed Saturday over a period of about six hours.

Companies Behind Collapsed Bridge Had Troublesome History

According to FOX News, the two firms that were responsible for the building and installation of the downed bridge had histories of violations, fines, and past engineering failures. Among recent accusations were that one of the firms hire “unskilled” and “careless” workers.

One of the companies, Figg Bridge Design of Tallahassee, was cited by the Virginia Department of Labor for four violations in 2012. The citations came after a 90-ton slab of concrete fell from a bridge that the firm was building near Norfolk.

Figg was fined $28,000 after the Department of Labor determined the company modified a girder without properly inspecting it or getting written consent from the girder’s manufacturer, resulting in the collapse. Four workers were injured in the incident.

Similarly, MCM Construction faced a lawsuit earlier this month after being accused of hiring “incompetent, inexperienced, unskilled, or careless employees.” The lawsuit cited an incident in which a makeshift bridge erected at an expansion-site at Fort Lauderdale International Airport collapsed under the weight of an employee.

Over the past 11 years, MCM has been fined a total of more than $50,000 by the Occupational Safety Health Administration for safety violations. Additionally, a subcontractor won a $143,000 judgment against MCM after walking of a job site, noting significant safety issues with a bridge project in the Miami area.

Contact an Experienced Wrongful Death Attorney

If you have lost a loved one due to the negligence of an individual, company, or other entity, contact Thomas J. Henry. Our experienced wrongful death attorneys are available 24/7, nights and weekends to talk with you and your family about your potential case. At Thomas J. Henry, we offer a free case review, and you don’t owe a thing unless we win your case. Our results speak loudly of our success in obtaining successful verdicts, settlements, and judgments for our clients.

Our firm has offices in Corpus Christi, San Antonio, Austin, and Houston, serving clients across Texas and nationwide. Let us help you and your family recover the compensation you deserve.

Multiple people were killed and several vehicles were crushed Thursday when a newly installed pedestrian bridge that spans several lanes of traffic at Florida International University collapsed.

About the Miami Bridge Collapse

According to reports, the collapse occurred just before 2 pm Thursday. At least eight vehicles were crushed beneath the rubble as the 950 ton structure came down.

The bridge connected the university with the city of Sweetwater and stretched 174 feet over an eight lane highway. The bridge was just installed on Saturday over a period of about six hours.

Miami-Dade County Mayor Carlos Gimenez revealed that at least six people were injured. Police and rescue workers are working at the scene, and police have requested television helicopters leave the area as rescue teams listen for people crying for help.

Several people are reported to have been killed in the bridge collapse. The cause of the collapse is currently unknown.

Students of FIU are currently on their spring break vacation.

Additional Details of the Bridges Construction and Collapse

The bridge was meant to create a safe route for students over southwest Eighth Street, one of the busiest roads in South Florida. The road was the scene of a fatal pedestrian accident in August when an 18-year-old FIU student was struck and killed trying to cross near the university.

The bridge was installed by Munilla Construction Management, a company founded in 1983 and owned by five brothers. The company operates in Florida and has divisions in Texas and Panama. It currently employs about 500 people.

The national Transpiration Safety Board is expected to investigate the bridge collapse.

A 7-year-old girl sustained serious injuries following an accident at a trampoline park in Ahwatukee, Arizona.

About the Ahwatukee Trampoline Park Accident

According to ABC 15, the accident occurred last Tuesday at around 6:30 pm at the Urban Air Indoor Trampoline Park near Interstate 10 and Ray Road.

Officials say the girl was rushed to the hospital after falling more than 20 feet. The details of the accident and the injuries sustained were not immediately available.

The trampoline park features trampolines, obstacle courses, and climbing walls. The location had opened on January 27, only three days prior to the incident.

About Trampoline Accidents

Information below provided by the American Academy of Pediatrics.

Common Causes

• Landing wrong while jumping
• Attempting stunts
• Colliding with another person on the trampoline
• Falling or jumping off the trampoline
• Landing on the springs or frame of the trampoline

Common Injuries

• Broken bones
• Concussions and other head injuries
• Sprains/strains
• Bruises, scrapes, and cuts
• Neck and spinal cord injuries that can result in permanent paralysis or death also occur.

Statistics on Trampoline-Related Injuries and Deaths

• According to The Huffington Post, over 1 million people went to the emergency room for trampoline-related injuries between 2002 and 2011.
• Nearly 300,000 of those injuries involved broken bones.
• The vast majority – 92.7% – of trampoline-related fractures occurred in people ages 16 and younger.
• Broken bones involving the spine are rare, comprising around 1% of injuries.
• In 2012, the American Academy of Pediatrics urged pediatricians to advise parents and children against recreational trampoline use.

Contact an Experienced Premises Liability Attorney

Because of careless property owners, many people will suffer catastrophic injuries such as brain injuries or spinal cord injuries. The nature of many injuries which occur on dangerous property can be more than painful- they can be permanent.

Do not let your injuries overwhelm your life. If you have been seriously injured as a result of a condition or the use of real property, contact Thomas J. Henry Injury Attorneys. As your premises liability lawyer, we will secure proper medical care and fight to make sure you receive proper compensation. We are available 24/7, nights and weekends and we represent clients/victims all over the country.

According to the Pittsburgh Post-Gazette, a Pennsylvania man and his wife have filed a lawsuit against an amusement park alleging that a water ride at the park caused the man to contract a painful, eye-eating parasite.

The incident occurred while the couple was on the Raging Rapids white-water rafting ride at Kennywood Park, located outside of Pittsburgh, during the summer. Towards the end of the ride, Robert Trostle says he was splashed with water that entered his left eye. In the days that followed, Trostle experienced inflammation, photosensitivity, itchiness, and pain in his eye.

Later that week, Trostle was diagnosed with acute conjunctivitis; however, his symptoms did not improve and continued to grow in severity. Following another doctor’s visit, the man was diagnosed with microsporidia keratitis. This infection eats away at the cornea, or the outer dome of the eye, and requires painful surgery to remove.

Trostle underwent surgery to remove the parasite from his eye, but complete removal was not achieved. He continues to experience vision issues, itchiness, and pain due to the infection. Immediately following surgery, Trostle was required to spend two days in a dark room to protect his eye.

The lawsuit alleges that Kennywood failed to maintain its ride and ensure the safety of visitors by failing to test and treat the water. While in line, Trostle and his wife had noted that the water at the end of the ride appeared to be stagnant and unclean.

The lawsuit seeks $35,000 in damages, according to Fox News.

Contact an Experienced Premises Liability Attorney

If you or a loved one have been injured due to the negligence of a property or business owner, contact Thomas J. Henry. Many people are injured each year at recreational facilities due to improperly maintained and unsafe premises. When a property or business owner fails to ensure the safety of its visitors, they could be held accountable for the damages incurred.

Our law firm has offices in Corpus Christi, San Antonio, and Houston, serving injured clients across Texas and nationwide. Call us today for a free legal consultation — attorneys are available 24/7, nights and weekends.

Disneyland shut down and decontaminated two cooling towers following an outbreak of Legionnaires disease that sickened guests and employees at the theme park.

Dozen Cases of Legionnaires Recorded in California

At least twelve people have fallen ill due to the Legionnaires outbreak, and one case not linked to Disneyland was fatal, according to the Orange County Health Care Agency.

It is believed that vapor or mist from cooling towers which provide cold water at Disneyland may have carried the Legionnella bacteria. Park officials ordered the cooling towers be treated with chemicals to kill the bacteria and shut down.

Reports indicate that the 12 people sickened by the lung disease had traveled to, lived in, or worked in Anaheim during the month of September. Ten of the victims were hospitalized, but their current conditions were not immediately available.

About Legionnaires Disease

Legionnaires disease is caused by the Legionella bacteria and can result in potentially fatal respiratory infections and pneumonia. Young children, the elderly, and those with weakened immune systems are at an increased risk of serious outcomes.

Symptoms generally occur within 10 days of exposure and may include fever, chills, cough, muscle aches, and headaches.

Legionnaires disease is not contagious.

Slip and fall accidents are one of the most common cases that fall under the category of premises liability. Often used as a comedic element on television or movies, slipping and falling is no laughing matter in reality. A slip and fall can result in catastrophic injuries, including broken bones, back injuries, neck injuries, spinal cord damage, and even traumatic brain injuries.

These incidents can be caused by a variety of factors, such as a spilled liquid on the floor, cracked sidewalks, damaged stairways, icy walkways, objects on or protruding from the ground, or poor lighting. However, simply because one of these factors led to a slip and fall accident does not necessarily mean that the property owner will be held liable.

In order to hold a property or business owner liable, a plaintiff’s legal team must be able to prove that:

• The property owner created or contributed to the factor that caused the slip and fall;
• The property owner knew that the factor existed and did not take reasonable care to fix or correct the issue; or
• The factor that caused the slip and fall was present for a period of time in which the property owner should have been discovered or been aware of it and should have fixed it

The factor or condition must present an unreasonable risk to people on the property, one that could not have been anticipated to cause an accident.

For example, if a spilled liquid is marked with a caution sign warning visitors of a slippery floor and someone slips and falls, there was a clear danger and adequate warnings for visitors. In this case, it will be hard to establish that the property or business owner was negligent since the hazard was clearly (and reasonably) marked with a warning.

However, if a spilled liquid was brought to the attention of the business several times, and the spill was not addressed in a timely manner (either cleaned up or marked with a warning sign), it will be easier to determine that the property owner’s negligence led to a slip and fall victim’s injuries. In this example, if a previously known condition such as a leaky pipe contributed to the liquid on the floor and the property or business owner failed to correct it, this may also prove that they acted negligently.

Liability largely relies on whether the steps a property or business owner took to address a dangerous condition were reasonable or not. In slip and fall accidents and many other premises liability cases, it is often up to a judge or jury to determine if the property owner, business owner, or landlord failed to adhere to a reasonable standard of care for the unique situation at hand.

What if I am Partially at Fault for the Slip and Fall Accident?

Oftentimes in a slip and fall case, the property owner will concoct a legal defense and try to avoid liability by claiming that the slip and fall (and subsequent injury) was the victim’s fault. This defense is raised by the defense counsel in which they must prove that the injured party contributed in some way to the accident.

There are different types of comparative fault and negligence systems depending on the state in which you reside. In Texas, for example, a modified comparative fault system allows plaintiffs to recover damages as long as they are found to be no more than 50 percent negligent in the accident that caused their injury. However, if a jury awards a plaintiff that is found to be partially at fault for the accident, the recoverable damages are reduced by that percentage. For example, a jury award of $100,000 would be reduced to $50,000 if a plaintiff is found to be 50 percent at fault.

Learn more about comparative fault and contributory negligence in our blog post: What if I am partially to blame for my injuries caused by another person?

Where do Slip and Fall Accidents Commonly Occur?

Slip and fall accidents can occur in a variety of settings: indoors or outdoors, residential or commercial. A landlord of a residential property can be held liable for an injury sustained in a slip and fall just as a property or business owner could. A serious slip and fall accident commonly occur in the following locations:

• Amusement parks
• Apartment complexes or buildings
• Elevators
• Grocery stores
• Parking garages
• Parking lots
• Restaurants and bars
• Retail stores
• Shopping malls
• Sidewalks and other walkways
• Sports stadiums and arenas
• Stairways

To learn more about slip and fall accidents, check out our blog post: Should I report my injury to the property manager if I was injured in a slip and fall?

Contact an Experienced Premises Liability Attorney

If you were injured in a slip and fall at a business or residential property, contact Thomas J. Henry. Our law firm has more than 25 years of experience handling premises liability cases, including slip and fall accidents, where victims have suffered serious injuries due to an unsafe property. If a property owner, business owner, or landlord failed to maintain a reasonably safe conditions on their property, you may be entitled to compensation for the injuries you have sustained. Attorneys are available 24/7, nights and weekends to evaluate your claim and provide you with a free legal consultation.

If you are injured in a slip and fall accident and you are not so injured that you must be transported by ambulance to a hospital, it is generally in you best interest to report the incident and the cause of your accident to the property manager.

What Steps Should I Take Following a Slip and Fall Accident?

If you are involved in a slip and fall accident caused by a wet floor or an object on the ground, there are several steps you can take to help build your premises liability case.

1. Seek medical attention
   • As always, your health and physical recovery is paramount. If you need to take an ambulance from the scene to the hospital, do it – even if it delays your reporting the incident. Having your injuries diagnosed and documented by a doctor in a timely manner can help establish the damages you will be claiming later.
2. Report the incident
   • If you are able to remain at the scene, report the incident to the property owner or property manager. When reporting the incident, only provide the details you are comfort with. Items you may want to cover in the report are provided below. Make sure you get a copy of the report.
3. Take pictures
   • Water can be cleaned up and objects can be moved. Be sure you get photos of the scene as it was when your accident happened. Anytime photo is taken with a cell phone or with a digital camera, a time stamp is included in the file information. This can later be used to demonstrate when the accident occurred.
4. Get contact information of any witnesses
   • If anyone witnessed the accident, get their names and phone numbers. Their insight can help during the investigation of your accident, and their testimony can help prove your claim to compensation.
5. Call an experienced injury attorney
   • If you are injured in a premises liability accident, you can be certain that the business where the accident occurred will be hiring a lawyer. You should do the same. Thomas J. Henry has the experience and resources to investigate and prove you claim. Thomas J. Henry also has access to expert witnesses and investigators who can demonstrate how negligence of the property owner contributed to your accident.

What Should I Consider when Filing an Incident Report?

An incident report, also called an accident report, is a formal report recording the facts related to an accident or injury. While you do want report your incident to the property owner or manager, you may want to think twice before putting your signature on any paperwork. Formal reports are admissible in court and signing such a report implies that you are in agreement with all the information presented on the document.

A few things you want to look for when an incident report is presented to you include:

• Is the report in your writing or is it someone else’s account of how the accident happened?
• Does the report accurately detail your accident and injuries?
• Is the manager being pushy or trying to intimidate you into signing the report?
• Could the business be trying to limit their liability for you accident and injuries?
• Are you aware of the full extent of your injuries?

If you have any reservations about signing a report or if you just feel like something is not quite right, withhold your signature and reach out to an attorney. Remember, the property owner’s primary concern is their own financial well-being. Your physical well-being is much lower on the list.

When Can I Sue a Property Owner or Property Manager?

Whether you can sue a property owner depends whether the property owner owed you a duty of care and whether the property owner breached that duty of care. The duty of care owed to you by the property owner depends on your relationship with the property owner. Typically, you as a visitor will fall into one of three categories:

• Licensee: A licensee is a visitor whom the property owner permits expressly or implicitly to be on his property without a contractual relationship or trade of benefits. A houseguest is normally considered a licensee.
• Invitee: An invitee is an individual who visits a property for a reason that benefits both the visitor and the property owner. A common example of an invitee is a shopper visiting a grocery store. In this instance, the shopper benefits from getting groceries and the store benefits from the shopper spending their money. A residential example of an invitee would include a contractor hired by a homeowner to complete repairs on a property. While a transfer of money is common in invitee situations, it is not required.
• Trespasser: A trespasser is a visitor who comes onto a property without permission of the property owner.

Once that is established, your attorney will begin to look at the duty of care owed:

• Duty of Care Owed to Licensees: The property owner is usually only liable for willful or wanton injury to a licensee. This means the property owner must exercise enough care to prevent injury to a visitor who is known to be or could reasonably be expected to be within the range of a dangerous act or condition (i.e. warn the licensee of a known hazard). However, the property owner is not required to inspect the premises or to immediately fix dangerous conditions.
• Duty of Care Owed to Invitees: The property owner must exercise ordinary care to keep the premises safe. This includes protecting invitees from any dangerous conditions the owner knows about or should reasonably know about. The property owner must also inspect the property and must either fix or warn invitees about any dangerous conditions. An example of this is the “Caution: Wet Floor” signs that is commonly used in retail and grocery stores.
• Duty of Care Owed to Trespassers: Because there is now true relationship between a trespasser or property owner, the law is much more lenient when it comes to the duty of care owed by the property owner. The property owner is not required to fix any dangerous conditions nor must the property owner warn trespassers about potential hazards. However, a property owner can be held liable for creating dangerous conditions on his property or making dangers conditions worse in order to catch trespassers.

I Have More Questions About My Slip and Fall Case, What Should I Do?

If you have any questions about your slip and fall accident, contact Thomas J. Henry for a free consultation. Our team of experienced premises liability accident attorneys are available 24/7, nights and weekends to evaluate your claim. Premises liability lawsuits can be complicated, but Thomas J. Henry has decades of experience and the legal resources to develop your case properly and put you in the best position possible to achieve real results. Contact us today.

In Texas, a property owner that is leasing their property, whether it is an apartment complex, a home, or a duplex, owes a duty of care to their tenants which requires them to make sure their property is reasonably safe. If they are found to be in breach of this duty of care, they may be held liable for injuries sustained on their property.

What Minimum Requirements Must a Landlord Meet?

Because there is a contractual relationship between a landlord and the lessee or tenant, the landlord must exercise ordinary care to keep the rental property safe. This may include ensuring required safety devices are in place prior to the tenant moving in, that safety devices are in working order, that the tenant is protected from any dangerous conditions the landlord knows about or should reasonably know about, and that the property has been inspected and the landlord has repaired or warned the tenant about any dangerous conditions.

Further, the owner of an apartment complex is responsible for providing safe premises beyond the confines of the space generally occupied by the tenant. Stairs, sidewalks, banisters, and swimming pools are all items which the complex owner must ensure meet regulatory codes and are adequately maintained.

What are Some Examples of Damages for which a Property Owner Can Be Held Liable?

There are a multitude of instances in which a landlord can be held liable for injuries. Some common examples include:

• Injuries caused by a faulty condition which the landlord previously promised to fix but failed to repair in timely manner.
• Injuries caused by a faulty condition which the landlord or an employee of the landlord repaired in a careless or negligent manner.
• An injury caused by a hazardous condition that was known by the landlord but not known or apparent to the tenant at the time the lease was made.
• Injuries caused by poorly maintained banisters or railings.
• Injuries caused by hazards that would otherwise violate building codes.
• Injuries caused by the landlords general neglect of safety law.
• Injuries and illnesses caused by poor ventilation, hazardous building materials, or mold.

What Should I Do After a Premises Liability Accident?

If you or a loved one were injured on someone’s property and you believe the injuries were the result of the property owner’s failure to provide reasonable protection, following these steps may help build your product liability case.

1. Seek medical attention for your injuries
   • You should seek medical attention for your injuries before taking any other action.
2. Report the incident to the owner or manager of the property
   • Make sure to get a copy of the incident report
3. Take pictures of the area where the accident happened
   • Photos with a date and time are important, because evidence could be removed
4. Get names and phone numbers of any people who witnessed the accident
   • Witnesses will help prove your story in the future
5. Call an experienced injury attorney
   • Thomas J. Henry Injury Attorneys has the experience and resources necessary to retrieve the compensation you deserve for your injuries

Thomas J. Henry Are Leaders in the Field of Premises Liability Lawsuits

Because of careless property owners, many people will suffer catastrophic injuries such as brain injuries or spinal cord injuries. The nature of many injuries which occur on dangerous property can be more than painful- they can be permanent.

Do not let your injuries overwhelm your life. If you have been seriously injured as a result of a condition or the use of real property, contact Thomas J. Henry Injury Attorneys. As your premises liability lawyer, we will secure proper medical care and fight to make sure you receive proper compensation. We are available 24/7, nights and weekends and we represent clients/victims all over the country.