Fairbanks Alaska Statewide Personal Injury Lawyers - Property Owner's Liability (Slip & Fall)

13 Year Old Alaskan Killed By Handgun. Here's Law The Parents Need To Know...

Ward Merdes — Thu, 27 Sep 2007 10:49:49 GMT

The AP reports that 13-year-old Gruening Middle School student Elijah Harrison in the head and neck area while at Ft. Richardson birthday celebration at an Alaska residence. Here are the legal issues that Elijah's family should be considering:

First, cooperate with the police. Find out: (1) who brought the gun to the residence; and (2) how the shooting took place. Get the final police report and read it carefully. Though you are grieving, this is not the time to let people cover up facts.

Second, remember that Alaska allows you to bring a claim for the death of your child. It also allows his estate to bring a claim for his death. If the home owner, or one of the kids, was negligent in allowing your son to be injured, they should be held accountable. Whomever owned this residence probably has homeowner's insurance that will likely help with this loss. Though money is no substitute for your child, it might be the only justice available. And, you can always use the money to educate/ensure that other kids don't get hurt.

Third, remember that the statute of limitations for claims like this - for adults like you - is two years. In other words, you must file a lawsuit, or resolve your claim against whomever is at fault, within two years of the shooting. Otherwise, your rights will go away and you will have no chance to ensure that other kids don't get hurt.

I strongly advise you to talk to an attorney - now.

Elijah's family is in our prayers.

For more information on this subject, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by Ward Merdes

Myong S. Thayer Killed On Ketchikan Dock. Claims?

Ward Merdes — Thu, 20 Sep 2007 11:10:49 GMT

Associated Press reported on September 18, 2007 that Myong S. Thayer was killed while walking on a dock in Ketchikan, Alaska. She was apparently struck by an amphibious tour vehicle. Ms. Thayer, a California resident, was a passenger from the cruise ship Norwegian Star. The accident happened on the wooden dock portion of Beth II, between the north entrance and the Ketchikan Visitors center.

Recognizing that amphibious tour vehicles just aren't supposed to kill tourists on the Ketchikan docks, Ms. Thayer's family needs to immediately...

One: Get a copy of the police report from the Ketchikan police department. Write to: Ketchikan Police Department 361 Main Street Ketchikan, Alaska 99901 and include a Self Addressed Stamped Envelope. Be sure to cite Alaska Statutes 47.12.310, which addresses Agency records involving crimes against minors - and arguably against those of majority: "(c) A state or municipal law enforcement agency ... (5) may disclose to a victim information, including copies of reports, as necessary for civil litigation or insurance claims pursued by or against the victim." Also, reference Alaska Statutes 12.55.023, which addresses a victim's right to participate in sentencing: " (a) If a victim requests, the prosecuting attorney shall provide the victim, before the sentencing hearing, with a copy of the following portions of the presentence report: (1) the summary of the offense prepared by the Department of Corrections; (2) the defendant's version of the offense; (3) all statements and summaries of statements of the victim; and (4) the sentence recommendation of the Department of Corrections."

Two: Find out who is responsible for the incident. That is the defendant. Send them a notice of claim, in writing, as a family member.

Three: Remember that you are entitled to file a claim for wrongful death pursuant to Alaska Statute 09.55.570 and Alaska Statute 09.55.580. Finally,

Four: Keep an eye on the Statute of Limitations. In Alaska, you have two years to file a court case, or settle, claims arising from wrongful death. If you wait too long, you will lose all of your rights. It would be really smart to contact an attorney right now.

Finally, the Thayer family is in our prayers. It has been a tough year for folks getting killed in Alaska accidents. We are sorry it had to happen to you.

For more information on this subject matter, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Ward Merdes

Avandia and Actos Linked to Heart Failure

Ward Merdes — Mon, 30 Jul 2007 11:55:34 GMT

Hundreds of thousands of mostly overweight people are taking Avandia and Actos. They just learned that it is linked to heart failure. Can you think of a worse group of people to risk heart failure?
The drugs are prescribed by doctors for type II diabetes. Their use has doubled in the past three years as a consequence of a growing obesity problem. In 2006, 1.8m prescriptions were written across the UKAs many as one in every 50 patients taking the drugs Avandia (rosiglitazone) and Actos (pioglitazone) over a period of 26 months will have to be hospitalised for heart failure.

The class of drugs, they say in the journal Diabetes Care, doubles the risk of heart failure, and even those with no history of heart problems are affected.

This promises to be a huge mess for British company GlaxoSmithKline and Takeda, who manufacture the drugs. It is akin to Vioxx. You want to see your doctor ASAP if you're taking either of these drugs.

Diabetes drugs can cause heart failure. Talk to your doctor, now.

Originally posted at InjuryBoard by Ward Merdes