Active Supervision a Must at Summer Pool Parties

Pool parties are a fun summer activity, but those hosting need to keep a vigilant eye out and take precautions to ensure everyone is safe, personal injury lawyer Gino Paciocco tells

“We’ve had cases with drowning fatalities and have seen that if you’re going to have a party, you take on the responsibility for those who attend,” says Paciocco, founding partner of the Windsor-based Paciocco & Mellow. “Really what it comes down to is active supervision.”

Situations sometimes occur in the water where even the best swimmer may get into trouble, including cramps, hitting your head on a rock or a diving board or a medical emergency, says Paciocco.

He points to Olympic swimming competitions, which are always staffed with lifeguards, no matter the experience of the competitors.

“For Pete’s sake, you have swimmers like Michael Phelps, who has 28 Olympic medals, and he has a lifeguard watching over the pool,” he says.

Officials are examining the circumstances earlier this month when a 15-year-old boy drowned while on a school trip to Algonquin Park. Questions are being asked about the amount and the kind of supervision that was available during the trip.

Paciocco refers to his case where he represented the family of a child who drowned while on an elementary school graduation excursion. The get-together was held at a residential home and teenagers escorted the group of children to a nearby beach.

“We were successful in that case because there wasn’t active supervision and basically when you’re throwing a party, you’re stepping into the shoes of a parent,” he says.

Paciocco says anyone hosting a water-based event needs to remove themselves from the activity and keep an eye on those in the water to ensure they remain safe. That means they ought not to mix with the other partygoers, and refrain from typical hosting duties.

The best approach, he says, is to hire a lifeguard to ensure someone is watching the water at all times.

For those with outdoor pools, fencing and locked gates are crucial. Paciocco suggests putting alarms on the doors of the house, as well, particularly when there are young children. That way parents are alerted if a child goes into the pool area.

Other prudent precautions include ensuring there is a reasonable level of swimming competence and encouraging the use of life jackets.

“The most important thing is active supervision, which is not just sitting by the pool and conversing with guests while glancing at the water from time to time,” he says. “Sometimes kids, with peer pressure, or whatever, make the wrong decisions.”

That, he says, is an extension of the overall responsibility homeowners have when they host parties. They’re obligated to ensure the property is safe and there are no hazards.

“People have to check that their furniture and property are in a good state of repair and that guests are not left unattended, especially the kids,” says Paciocco.

For those who plan to serve alcoholic beverages, he suggests having a Smart-Serve trained bartender on hand to monitor the situation and ensure guests are not over-served.

“The moment you decide to host a gathering, you’re taking on a tremendous amount of liability. So you have to ensure that people are being monitored and reasonable in their consumption of alcohol,” he says.

Read the Orginal Article on Advocate Daily

Read More Posts on Advocate Daily by Gino Paciocco

Finding a Trusted Personal Injury Lawyer in Sarnia

The time right after you’ve been injured in an accident or slip and fall often can be a stressful and confusing time. First off, you must be sure that you look after your health. However, when you’re ready, you may start to think about pursuing a personal injury case for your injuries. Below include some frequently asked questions by our personal injury lawyer in Sarnia about the initial steps to take in a personal injury case.

If hurt in an accident, our personal injury lawyer in Sarnia explains what to do first

As aforementioned, the first step you should always take after being hurt in an accident is to look after your health. But, if you’ve already done this, there are numerous measures to take which will help to preserve your rights to file a personal injury claim. The following steps are valid in many situations and there isn’t any “right” order to take.

  • Gather proof that may point to who caused the incident, and the damage that was caused by the accident. Photos are helpful here.
  • Jot down all things that occurred to you following the accident. It might involve things such as hospital visits, medical bills, any lost wages or work, etc.
  • Make certain that you obtain the contact information and names of any witnesses which might’ve observed the accident. Call these individuals to confirm their contact details.
  • If you talk with other individuals which were involved within the accident, make certain that you take notes about the conversation.
  • Tell anybody which you might file suit against that you’re prepared to file a claim for your property damage and injuries.

How long do you have to notify an individual that I’m filing a claim for the personal injury?

If you’re prepared to file suit against a person or some other entity which isn’t a government agency or the government, there isn’t a set time limitation where you must notify that individual of your intention to file a suit. But, this doesn’t mean you ought to take your time with the matter. By efficiently and quickly acting, you’ll potentially increase your odds of resolving the claim quicker than if you delay.

For more details on our personal injury lawyer in Sarnia contact The Law Office of Paciocco and Mellow at 519-915-7673 (SORE).

What You Need to Know About a Personal Injury Lawyer Chatham

If you’re severely injured in an incident with an Uber driver, deciding what insurance policy will apply, will be an initial measure in your case. Our personal injury lawyer in Chatham will go over the details:

Our personal injury lawyer in Chatham Goes over Uber’s Commercial Policy

Uber, according to their website, maintains a commercial policy that is issued by the James River Insurance Company via its completely owned subsidiary Rasier, which directly contracts with Uber drivers.

This commercial policy will cover liability circumstances as a “Named Operator” accepted a ride and is in-route to pick their passengers up or are transporting the passengers during the time of the collision.

The commercial policy offers coverage up to one million dollars/ incident for property damage or bodily injury to passengers or 3rd parties involved in an auto collision with an Uber driver. The policy, according to Uber additionally offers one million dollars of underinsured/uninsured motorist coverage in order to protect their passengers.

This Uber policy applies as a driver accepted a trip, up to its conclusion, as well as is going to be the primary liability coverage for an Uber driver in the instance of an accident unless an Uber driver has additional commercial coverage.

Uber’s Between Rides Contingent Coverage

Also, Uber will have a contingency policy for circumstances between rides in which a driver is waiting for a ride, yet doesn’t have personal coverage which applies. But, between ride coverage offers a lot less liability coverage than this commercial policy. Liability limitations for between rides Uber policy will be restricted to $50,000/ person/$100,000/ accident with an extra up to $25,000 for property damage.

Drivers Personal Policy

If an Uber driver hasn’t accepted a ride during the time of the auto collision, the personal automobile policy is going to offer liability coverage for collisions caused by an Uber driver. If a driver’s policy lapsed, between rides contingent policy that is forth potentially will kick in.

For those injured when travelling with an Uber driver, the commercial policy provides protection for the negligence of an Uber driver and additionally for circumstances in which an accident is the other motorist’s fault, and a driver has inadequate insurance coverage or no insurance.

For more details on our personal injury lawyer in Chatham contact The Law Office of Paciocco and Mellow at 519-915-7673 (SORE).

How to Find an Injury Law Lawyer in Sarnia

The truth that mishaps are pretty commonplace doesn’t detract from the confusion and pain which may result as an injury or accident occurs to you or a family member. If you determine to take measures in protecting your legal rights following an injury or accident, you might have numerous questions in regard to “personal injury” claims. Allow our injury law lawyer in Sarnia to explain:

Our injury law lawyer in Sarnia explains what a “Personal Injury” Case is

“Personal injury” claims include legal disputes which come up when one individual experiences harm from an injury or accident, and somebody else may legally be responsible for that harm. Personal injury cases may become formalized via a civil court proceeding which seek to find other people at fault via a court judgment or, as is more typical, these sorts of disputes might be solved through an informal settlement prior to any lawsuit becoming filed:

Unlike criminal cases, (formal “lawsuits” that become initiated by the government), formal personal injury cases usually start as a private individual (“plaintiff”) will file a civil “complaint” against one other business, person, corporation, or a government agency (“defendant”), and alleged that they acted irresponsibly or carelessly in conjunction with an injury or accident which caused harm. The action is referred to as “filing a lawsuit”.

Informal Settlement

Realistically, many disputes over fault for an injury or accident get resolved through early informal settlement, typically among the ones personally involved within the dispute, their insurers, as well as lawyers who represent both sides. Generally, a settlement will take the form of negotiation, which is followed up by a written contract where both sides forgo all further action (like a lawsuit), instead choosing to resolve the situation through payment of an amount of money that they both agree to.

What’s a Statute of Limitations?

Plaintiffs will have a restricted time in which to file the lawsuit, referred to as a “statute of limitations.” In general, the time dictated by the statute of limitations starts as the plaintiff discovers the injury or is injured

Where are the Laws Governing Personal Injury Claims?

Unlike additional areas of law which find their rules in statutes (like penal codes within criminal cases), the creation of personal injury law has mostly taken place through decisions by the court, and in treatises created by legal scholars.

For more details on our injury law lawyer in Sarnia contact The Law Office of Paciocco and Mellow at 519-915-7673 (SORE).

Are You in Need of an Injury Law Lawyer Chatham

Personal injury law will refer to the legal structure which deals with cases where an individual has been psychologically or physically injured through the negligence or actions of another entity or person. Usually, these cases fall under civil, instead of criminal, jurisdiction. Our Injury Law Lawyer in Chatham is here to discuss what personal injury law is:

Let our Injury Law Lawyer in Chatham handle your injury case

The majority of the time, personal injury law deals with injuries which were brought about through negligence, by either an organization or individual. These cases usually assert that an injury wouldn’t have happened if the responsible party was duly diligent.

Auto injury accidents

Auto injury accidents usually are dealt with via personal injury law. Within some areas, accidents are thought to be “no fault” circumstances and will require every person involved to pay her or his own medical fees. However, in “fault” areas, if an individual may be discovered responsible for causing an incident, she or he might be responsible for the medical charges and psychological procedure of any victims involved. Automobile injury accidents may include vehicle collisions, collisions with additional vehicles like motorcycles or bikes, and accidents which involve pedestrians and vehicles. Usually, in personal injury law, just the psychological and medical expenses are at stake; destruction to additional cars is dealt with through property law.

Medical malpractice

It’s a major personal injury law area. Individuals who think they were poorly treated, misdiagnosed, or injured as a consequence of negligence or a bad technique sometimes may sue physicians for malpractice underneath statutes of personal injury law. To prove malpractice, a prosecutor has to show that a physician inappropriately acted, that a patient would not have been injured without those wrongful actions of a doctor, and that there are concise damages, like reconstructive surgery or other treatment, which may be given.

Slip and fall accidents

Such accidents might fall underneath the personal injury law jurisdiction. Those happen as an individual trips or experiences an injury on additional individual’s property. In order to prove fault, a prosecution in the case has to show that an accident was caused by the owner’s negligence to offer safe lights, correct staircases, or additional safety steps which would’ve prevented the accident from happening.

For more details on our injury law lawyer in Chatham contact The Law Office of Paciocco and Mellow at 519-915-7673 (SORE).

Accident Injury Lawyer: Frequently Asked Questions

Have you ever been in an accident where you were injured and it was clearly another person’s fault? If so, you may be considering filing a lawsuit in order to recover the compensation for the damages and injuries you suffered from. However, if you are thinking about filing a lawsuit, then you likely have some questions regarding the process. Some of the most commonly asked questions that accident injury lawyers see are highlighted here.

What will the lawsuit cost you?

Most personal injury lawyers offer their services on a contingency fee basis. This means that you do not pay unless they are able to successfully recover damages for your case. If your case is successful, then the lawyers will retain a certain percentage of what is recovered to cover their costs that were incurred during the proceedings.

Do you have an actual legal claim?

Once you are injured in an accident, one of the first things you will likely wonder is whether or not you have an actual legal claim. In many cases it will be difficult to understand since you do not have any proper legal training. However, when you hire a lawyer they will investigate the situation and be able to determine whether or not you have a legal claim worth pursuing.

Can you handle the claim alone, or should you hire a lawyer?

After an accident you may want to settle the issue quickly and then move on with your life; however, this may have serious repercussions in the future. An injury lawyer in Sarnia will ensure that you receive a fair offer for compensation and that your rights are protected. This may mean that the case takes a bit longer than you would like, but it will be well worth it in the end.

Should you take the first settlement amount offered by the insurance company?

You should always remember that insurance companies are in the business to make money. This means they are going to minimize any settlement that they offer. With the services of an lawyer, you can have someone working for you to ensure that you receive the maximum amount of compensation for the damages and injuries that you suffered.

What will your case be worth?

There is no possible way to generalize the value of any personal injury case. The fact is that the details of the situation are what really matter when determining the amount that your case is worth.

Factors that will affect Your Settlement Amount for a Personal Injury

One of the most common questions asked by those filing a personal injury claim is how much they may be able to receive for the injury they received. There are a number of factors that will be involved with determining the final amount that your claim is going to be settled for. It can be much more complicated than just adding up the bills and then adding in a random amount for the suffering and pain you suffered.

Some of the other factors that will affect the settlement’s value include the proof of a person’s liability, the city or country where the injury took place, if other medical treatments were considered reasonable or necessary, the driving record of the party who is at fault. In most cases, when trying to determine the value of your injury, you will need the help of an accident lawyer in Chatham.

Liability Issues

Liability must first be determined prior to setting a compensation price. If you are unable to convince the insurance adjuster that the other person is at fault for the accident, then you will wind up with absolutely no compensation at all. If there is no proof of liability, there is no settlement.

Location of the Accident

The location where the accident took place will have a huge impact on the total compensation that is received. The verdicts can be affected quite a bit by the actual location of an accident. Be sure your attorney fully explains this fact prior to finalizing a claim.

Medical Costs that are Necessary or Reasonable

There is no way to be confident that the insurance adjuster will just agree with the bills that are presented to be reimbursed. The adjuster is only going to be responsible for paying the costs that were absolutely necessary for the injury that you suffered from.

Taking the time to find out the potential settlement will help to ensure you know what to expect from the person who is at fault. There is no way to determine this for sure, but taking the time to speak with an attorney will help you find the best plausible answer for the amount of compensation that you may possibly be entitled to. Take your time and talk with several attorneys if necessary to find the very best settlement for your case and injury.

What Exactly is a Wrongful Death Case

A wrongful death lawsuit is considered a type of claim that is initiated by the family members of a person that passed away as a result of another party’s negligent or careless behavior or an act that is deemed intentional. It is a lawsuit that is typically brought against a person, several people or organization that is thought to be responsible for the person’s death. The entire wrongful death claim is dependent on being able to prove that the death resulted from another person’s actions. The outcome of these cases will determine if surviving family members receive any type of monetary compensation to cover medical and funeral expenses, as well as the loss of income the deceased person may have earned in the future.

Prior to any wrongful death laws being passed in individual states, there were no wrongful death claims in existence. The claims that are now available were not available under instances of common law, which were the legal principles, which were passed from England to the U.S. over a number of centuries. Under the stipulations of common law, any negligence claims were eliminated when the victim passed away, which means that the survivors were not able to recover any type of losses or damages due to the loss of their family member.

In order to have a successful outcome for a wrongful death claim, the survivors have to prove the following:

  • That the person who is being sued was the one that actually caused the victim’s death.
  • That the person who is being sued was either negligent when the death occurred or that they were responsible for the individuals death due to strict liability.
  • That the victim’s beneficiaries, dependents or spouse are still living.
  • That the victim’s death resulted in some type of monetary losses.

When you are trying to prove fault in a wrongful death case, it is a good idea to hire an injury lawyer in Chatham for assistance. This individual will have handled similar cases to yours in the past and be able to provide you with a knowledgeable defense for your particular situation, which is important in receiving the compensation you need and deserve.

Taking the time to find the right lawyer is essential. This will help you to achieve the best possible outcome for your case and ensure you receive the compensation you receive for the death of your loved one.

What to do After You are Involved in a Car Accident

When you are involved in a car accident, it can be an extremely frightening and frustrating experience. Even a seemingly simply accident can turn into a huge ordeal when dealing with various injuries, insurance companies and the other individuals that are involved. Even for the innocent party in an accident, there are a number of steps that should be taken directly after the fender bender occurs.

Ensure Everyone is Okay

Before you start evaluating the damage to your vehicle, you need to ensure that all parties involved in the accident are okay. If someone has been injured, it is important to contact 911 or emergency services, right away.

Save the Apologies

While being polite is an admirable trait, in this type of situation even a seemingly simple “I’m sorry” may be seen as a guilty admission. It is best if you ensure everyone is okay and move on, without exchanging any type of polite behavior at the scene of the accident.

Talk to Witnesses

Only take to witnesses that actually stopped at the accident scene. Be sure that you collect any relevant contact information of bystanders who may have seen the accident take place.

Contact Your Insurance Provider

It is important that you report the accident to your insurance company right away, even if the entire incident was completely your fault. Additionally, you need to be sure that you keep track of the money and time you spend pursuing your insurance claim.

Take Notes and Pictures

When you have proof of the damage on your vehicle, it can help to serve as evidence to insurance companies, especially if there is a dispute down the line. Taking pictures and notes can help to create a record of the incident.

Don’t Automatically accept an Estimate for Compensation

The goal of an insurance company is to make a profit, which means that you do not need to accept the first offer that you receive since it may not be a fair amount.

If you have any questions or concerns about the situation, or are facing a dispute, you should contact an accident lawyer in Sarnia right away. They will be able to review the facts of your case and ensure that you receive a fair amount of compensation for your particular situation. This will help ensure that you are not having to pay for damages or injuries that were not your fault.

Selecting A Lawyer For Your Traumatic Brain Injury Case

Enduring a severe traumatic brain injury as an outcome of an accident creates no end of the challenge for your loved ones as well as you personally. In most cases, among the significant problems you may have to think about is whether to rent an attorney to improve a suit.

As you understand, a lot of the outward symptoms of a traumatic brain injury can affect decision making. A few of these symptoms can contain a short-term or long-term memory loss and slowed ability to process information. Most of the time, the apparent symptoms of a brain injury also can hide the importance of legal counsel. As an example, some mishap victims suffer a refusal of the injury-associated shortages. As you consider who to hire as your attorney a sure family member or friend could be priceless.

When you do make the decision to proceed with hiring an attorney, several factors are significant. For example:

*Expertise: You need to find out of the attorney you’re considering how many brain injury cases he/she has managed. How severe were the victims injuries in the other cases? What was the result? Remember, if you are asking these questions that occasionally the result in dollars is determined by the most amount of cash available under insurance coverage.

*The Team: A brain injury case affects a team that’s willing to work on all characteristics of the case, not merely the legal arguments up. Ask the attorney who they have on their team that will be working on the file. Insurance specialists and seasoned injury law clerks are vital members of your attorney’s team.

*Style: You are going to be needing an attorney who understands the special needs of a brain injured individual. You could have unique psychological and cognitive demands that the lawyer has to adapt. Based on your meeting with the attorney, does it look just like a great character fit?

*Advice: You’ll most likely have questions if you are confronted using a claim for virtually any harm. At times, you might feel anxious or insecure concerning the procedure. An attorney who has written advice regarding the proceedings and can give that information to you without price is extremely desired. This way it is possible to read on the procedure all on your own time.

*Tenacity: Occasionally it’s important to go to trial while most injury claims settle out of court. Ensure at the start the attorney you’re seeing is prepared if mandatory to do a trial. Your bargaining position could be undermined if you have to use another lawyer when attending a trial.

Following these ideas will go a long approach to assisting you to hire the right attorney for the brain injury accident case.