Football season is more than a sport. It brings people together for good times at house parties and tailgating before games. People of all ages tailgate around the Cowboys Stadium, drinking a few beers and enjoying the game atmosphere. However, if you tailgate at the arena, you need to understand the rules so you don’t end up getting ticketed, kicked out, or banned. This is what you need to know to stay safe while tailgating.

Location, location, location

Tailgate only in designated areas. You can’t park your vehicle and tailgate just anywhere in Arlington. Only use designated spaces to set up camp up to five hours before kickoff. You’ll find spaces with grassy areas in Lots 4-7 and 10-15, all of which are first come, first serve. You may tailgate in private lots as long as you have permission from the owners. You’re tailgating if you have a chair, cooler, grill, or other items on the ground outside your vehicle, so make sure you’re in a designated space to do so.

Cleanliness

Throw away your trash and properly dispose of coals in clearly marked containers available in tailgating lots.

Do not

• Fry foods or bring a deep fryer.
• Use open flame.
• Bring weapons or fireworks.
• Campaign, protest, solicit, or distribute flyers or political material.
• Save space for your buddies. Caravan and get there early if you have a group that wants to tailgate together.
• Sell or advertise 3^rd party products.
• Play your music too loudly or through an amplifier.
• Roughhouse, fight, or engage in otherwise disorderly conduct.

Food safety

One of the best parts about tailgating is eating grilled foods on game day. However, raw meat can present an issue if you’re pretty far away from a bathroom. Bring disposable utensils and prepare as much as you can at home so all you have to do is plop the meat on the grill when you get there. Foodborne illness can ruin a game day experience.

Fight fire with…

Take a fire extinguisher and a water bottle. Although open flame isn’t allowed, you could still run into trouble with your gas or charcoal grill. Keep a fire extinguisher handy to prevent any serious trouble, and use a water bottle to take care of occasional flare-ups.

Designated driver

Find your designated driver. If you’re tailgating, that means someone drove. Make sure you have a legal plan for getting back home after the game. You can use a portable breathalyzer to monitor your intoxication levels, but these devices may not always provide accurate readings. If you’ve had more than 1 or 2 beers, you may want to consider getting a designated driver to be safe. Ballgames present the perfect opportunity for cops to pick up drunk drivers. Don’t give them a reason to pull you over. In the event of an injury or death due to drunk driving a Fort Worth drunk driving attorney can assist in getting you and your family compensation they deserve.

Take care of yourself

Hydrate, use the buddy system (it doesn’t matter if you’re a 22 year old female or a 45 year old male; let someone know where you’ll be and when you’ll be back), and wear sunscreen. Tailgating is often an all-day affair; avoid hangovers and sunburn pain by making smart choices.

Don’t be a menace

Cooperate with law enforcement and stadium security/staff. If a staff member catches you doing something against the rules, remain polite and cooperate. Don’t get thrown out of the park or arrested because you feel the need to win an argument against security personnel. Take the hit and move on. Nobody wants to get called to pick you up and take you home.

Etc

For more information about AT&T stadium rules, check out the website before you head over on game day. With common sense and a basic understanding of the rules, you can enjoy a fun day of tailgating before and/or after a fantastic game.

If the police detain someone and place him or her in the car for transport but fail to secure the person’s seatbelt, thus subjecting him or her to injury when a car accident happens on the way to the police station, can that person sue the officers? This point is hotly debated. Here are some of the basics on what constitutes a failure to protect.

Failure to Protect

The most common example is when an adult fails to do something generally considered reasonable to safeguard or rescue a child from abuse or neglect. The adult in question might be a non-abusive parent or guardian who knows the abuser’s identity but does not report them to the police. This state of protection exists for anyone in a legally recognizable position of authority over others. Teachers, first-responders, doctors, police officers, and daycare workers all carry the same obligation to protect.

Civil Liability

Can a person file suit against an officer, claiming failure to protect for injury sustained because of the officer’s inaction? According to the U.S. court system, due process clauses guaranteed in the Fifth and Fourteenth amendments allow a civil lawsuit under two doctrines: special relationship and state-created danger.

Special Relationship

This exists when the state takes control of a person in such a manner that a requirement to protect exists. Examples of this include a prisoner or state-committed mental patient. Any entity taking control of another person must protect that person against reasonable or foreseeable dangers. Corrections officials face this kind of claim most often, but any police officer working in a jail or holding a person in custody could face charges of negligence or abuse. If an officer is holding a person in cuffs when they are both attacked, the officer must protect the individual because he or she cannot defend themselves. If the officer does not properly buckle the seatbelt of a detained person and that person is injured in an accident, the officer failed to protect the person from harm.

State-Created Danger

This situation occurs when a person receives injuries because an employee of the state, a police officer, for example, acted incorrectly or because the officer failed to act in an obviously dangerous situation. Failure to protect a person does not always violate the due process guaranteed in the Constitution; however, it does violate it when the state creates a dangerous situation or unnecessarily exposes a person to risk he or she would not have faced otherwise. Put differently, if an officer intervenes, and that intervention exposes another person to danger they would not have otherwise faced, they may face liability. The same liability exists when a person is put in danger by a failure to act.

Examples

In Wood v. Ostrander, Washington state troopers impounded the car of a drunk driver they arrested, forcing the wife to walk home alone in an area noted for high levels of crime. A driver later offered help, only to rape her in a secluded area. The Court of Appeals declared that the police created the situation through their act of detaining the car and through their inaction in not providing the wife safe passage home. In Kennedy v. Ridgefield, the Kennedy family reported their nine-year-old daughter’s molestation by their neighbor’s 13-year-old son. They also said they feared the boy because of his instability. The police promised protection, but they failed to properly inform the Kennedy’s that they had interviewed the boy. The accused boy broke into the Kennedy’s house that night and shot both parents, killing the father. The Court of Appeals stated that the failure of the police to alert the Kennedys, and provide the promised protection, placed the victims in a dangerous situation that would not have existed otherwise.

Cruising around the golf course on a sunny day can make any adult feel like a kid again. The tiny wheels, door-free sides and quiet motor can make you forget you are still operating or riding in a vehicle that requires responsible handling to avoid risk. Whether you are the driver or passenger of a golf cart, it is important to know the risks associated with golf cart use and who could be liable in the case of a golf cart accident.

How Common Are Golf Cart Injuries?

Since 1990, medical professionals have treated over 150,000 golf cart-related injuries in the United States. Patients ages ranged from two months to 96 years, and soft tissue damage was the most common type of damage at just under 50%. An official study found golf cart-related injuries have been increasing every year, and some accidents have even resulted in death.

The Risks of Golf Carts

Although golf carts seem safe, the perceived safety could be the very thing that leads to reckless operation and ultimately injury. Understanding why golf carts pose a risk can help cart operators take greater care and prevent accidents.

• Golf carts lack the safety features of cars. There are no seatbelts, airbags, bumpers or doors. The materials manufacturers use to make golf carts are less durable, making a collision with a tree, rock or other cart even more dangerous.
• There are less rules for safe operation. When driving on the road, there are lanes, stop lights, speed limits and traffic police to enforce all the rules. On golf courses and other large stretches of land, these rules do not apply. The freedom gives many golf cart drivers the incentive to speed, take sharp turns and generally pay less attention to the task at hand.
• Alcohol is often a factor. Many areas where people use golf carts have alcohol available and do not strictly enforce rules to limit alcohol consumption. This leads drivers to operate golf carts while under the influence, which can inhibit judgment and decision-making abilities.
• Owners often ignore regular maintenance. Maintenance for golf carts is just as important as other vehicles. They have less advanced construction of engines and starter components. Many golf cart owners do not think to work on the cart unless a problem arises, but waiting for a problem to show up means a problem could unexpectedly affect the driver’s ability to safely operate the vehicle.
• Rough terrain causes issues. Golf courses have many hills that make golf carts susceptible to rollovers. People typically drive golf carts on unpaved areas, and it is common for operators to move at high speeds.

Injuries From Golf Cart Operation

Though the most common injury from golf cart accidents is soft tissue damage, some more severe damages can include bone breakage and even brain damage. In a few cases, these accidents led to death.

Who Is Liable in a Golf Cart Accident?

Depending on the driver’s behavior at the time of the accident, the liability could fall on several parties. First, the company that manufactured the cart could be at fault if the accident was the result of a design issue. Elements of the property where someone was driving the cart could contribute to an accident, leaving the property owner with liability. If the cart belongs to the club and the club failed to maintain it, the club might be to blame. Golf carts may seem harmless, but the numbers show otherwise. Always take care when using a golf cart and advise others to do the same. Personal injury lawyers can assist with golf cart-related injuries to determine fault and recover damages.

When a product or service is used as advertised, the last thing a person expects is a devastating injury. Unfortunately, this does happen, and it’s why product liability laws exist. Product and parts manufacturers and the people who sell a good or service must meet high standards, keeping them accountable to suitably warn customers of potential dangers, advise them on how to safely use a product, and provide the safest services possible. When these standards are breached, any of these parties may be sued through a personal injury claim.

Three e-Cigarettes Explode in California

In California, three recent e-cigarette explosions severely injured vapers. One of the more recent cases, affecting plaintiff Vincente Garza, caused extensive bodily damage, including significant burns. Surgeons amputated Garza’s left index finger and performed multiple surgeries. Another victim, Daniel Califf, had a hole blown through his cheek while using an electronic cigarette. His room also caught fire when the device exploded. Following these events, personal injury suits were filed against the e-cigarette designer and the product manufacturer. The stores where Garza bought the battery, device, and charger are also being prosecuted. There is plenty of precedence regarding lawsuits like these. For example, in September of 2015, a jury awarded $1.9 million for damages when an e-cigarette exploded in a woman’s car. Incidents like these have necessitated skin grafts, extensive property damage, and other life-long consequences.

Failing to Create a Safe Product and Warn of Defects

Consumers expect devices to work properly, and they must be adequately manufactured, designed, and tested. The industry is closely regulated to ensure a product is safe before it enters the marketplace. In the case of exploding e-cigarettes, plaintiffs are claiming that the electronic devices and their components (including batteries and chargers) are unsafe. These products also purportedly lack an inadequate warning explaining the dangers of lithium batteries and the importance of proper voltage when charging. Lithium batteries use flammable liquid electrolytes, which can explode if overheated. This particular product liability largely hinges on the absence of a warning explaining the issue. Furthermore, retailers are responsible for recommending and selling chargers designed for the product a customer uses.

Pursuing a Product Liability Lawsuit in Texas

There are clear problems with safety regulations in this budding industry. There are fewer safeguards to protect consumers, and as this technology develops, its dangers must be continually investigated. As claims are filed against negligent parties, manufacturers must diligently work to provide the safest products possible. Though e-cigs are a newer innovation, there are hundreds of laws in place to protect consumers from these types of accidents. When products like these cause unpredicted damage, you may pursue a claim to cover costs associated with property damage, medical bills, or a wrongful death. Like any customers, vapers are responsible for using their devices safely. There are, however, some serious risks related to these products and their batteries and chargers. When these items don’t perform as advised, anyone along the production line, as well as the retailers selling them, may be held liable. If you have been injured by an electronic cigarette, seek medical help as soon as possible. You will need to carefully document the incident, including how you used the product when it malfunctioned, the extent of damage caused, and the medical treatment you will need to fully recover. Obviously, this a lot to account for, which is why working with an experienced personal injury attorney is so important.

Contact

Product liability cases are complex, as there are potentially dozens of parties to investigate, but that’s no reason to suffer without due compensation. Reach out to the legal team at the Law Firm of Aaron A. Herbert, P.C. for more information. We will explore every possible avenue for compensation and hold all parties who may have contributed to the accident accountable.

Natural disasters don’t wait until everyone is safe in a home or public building to strike. You could be watching the game over at friend’s house or need to take shelter during a service call. If you suffer an injury at someone else’s home, you may wonder how you will pay for medical bills, the cost of rehabilitation, and time off work.

Homeowner’s Insurance and Natural Disasters

Natural disasters, including tornadoes, lightning strikes, severe storms, floods and earthquakes, are considered “Acts of God.” No one can foresee or prevent the damage caused by these events. Homeowner’s and renter’s insurance are the first two places many individuals look after a natural disaster, but these two forms of insurance may only offer limited coverage after a natural disaster. All insurance policies are negotiated using a “standard risk measurement.” Natural disasters often fall outside of those categories, and some homeowner’s insurance policies may not cover any injuries or damage associated with the disaster. Every insurance policy varies slightly. Homeowner’s should look closely to see what types of damage and injuries are covered after a natural disaster. Many insurers do not cover flood damage, and others may limit the amount of compensation a policyholder or injured individual can collect. Both residents and guests who suffer during an incident may find some financial relief from these types of insurances, but it may not fully cover the associated costs.

When a Homeowner or Third Party Is Liable for a Visitor’s Injuries

Proving homeowner or third party liability after a natural disaster is difficult but not impossible. Property owners are required to reasonably address foreseeable hazards in and around the home. When they fail to do so or to warn visitors of the hazard, they are liable for any resulting injuries. For instance, if a friend comes over for dinner and a heavy wind gust in a storm knocks a tree over, hurting the individual, the homeowner may be liable. If the tree was dead or a hazard prior to the weather event, injury liability lies squarely with the property owner. An injured individual may also hold a product manufacturer or a construction/installation company liable for an injury in some cases. For example, if a wooden beam falls in a barn during a tornado and a subsequent investigation shows the beam was not reinforced according to building code, the construction crew may shoulder the responsibility for any resulting injuries.

How Your Attorney Can Help

If you suffer an injury after a tornado, flood, mudslide, or other natural disaster on someone else’s property, you may have access to compensation through a homeowner’s insurance policy. In addition to helping you investigate the proximal cause of your injury, your attorney will:

• Negotiate with medical insurance providers – After a serious injury, your health insurer may try to deny or reduce your coverage. Your attorney can represent you in front of your health insurer.

• Represent you in front of homeowner’s insurance providers – A homeowner does not have much control over how their insurance provider handles their claim after a natural disaster. Your attorney can help you negotiate your claim with the insurer if the policy included coverage for injuries resulting from an Act of God.

• Represent you during a lawsuit – In conjunction with negotiation with insurance providers, your attorney will likely pursue an alternative case to prove negligence on the part of a homeowner or a third party.

After a natural disaster, an injury attorney will help you secure compensation through every possible route. You shouldn’t have to suffer with the consequences of an injury that was out of your control. The team at the Law Offices of Aaron A. Herbert PC can help you determine the right course of action to secure the treatment and compensation you deserve. Contact our office in San Antonio today for a free case evaluation.

When people head out on the water on a hot summer day, many enjoy packing a cooler of their favorite alcoholic beverages or stopping at a restaurant on the water for a few cocktails. However, controlling a boat while under the influence (BUI) of alcohol or drugs is illegal in Texas. Here is what you need to know before the warm weather hits.

Boating vs. Driving Under the Influence

Many of the same rules that apply to DUIs apply to boating incidents. In recent years, sheriff’s departments and other law enforcement officers have really been cracking down on boaters who operate their watercraft while drinking. If they stop you and you have a blood alcohol content (BAC) over 0.08, you will go to jail. Unlike a vehicle stop, law enforcement does not need probable cause to stop a boat on the water. A law enforcement officer may also apprehend you or follow you back to shore if he or she believes your faculties have been impaired.

Who Makes Arrests on the Water?

Any law enforcement agency present on the water is authorized to make arrests for boating under the influence. Many boaters wrongly believe that only a sheriff’s department can make the arrest, but if a game warden from the Texas Parks and Wildlife Department suspects a driver is boating under the influence, he or she can make that call. Every holiday weekend during the summer, the department makes several BUI arrests.

Can I Drink and Operate Any Watercraft?

Under the law, you should watch your alcohol consumption on any motorized watercraft. If you do choose to drink on the water, an activity that is inherently dangerous, make sure that you have a designated driver who meets all the requirements of operating a boat. A law enforcement officer can take action if he or she believes someone under the influence has or will be in control of the watercraft. Crafts without motors and under a certain size are excluded from BUI laws, but you could face a public intoxication charge in certain circumstances. You will not face BUI charges for operating a rowboat, floating in an inner tube, or paddling a kayak or canoe.

Who Can Operate a Watercraft on Lakes and Rivers in Texas?

Children who are at least 13 and have passed an approved boater education course can operate a vessel alone. However, if law enforcement has reason to believe that the child is not certified or was not in control of the boat, they may still question and/or arrest an adult for BUI.

Should I Avoid Drinking Altogether?

Most boating experts recommend avoiding drinking on the water in general. Drinking in the sun increases the risk of dehydration and the chances of water related accidents. However, you should definitely avoid drinking if you plan to operate the boat. Do not give law enforcement any reason to believe you were, or might, operate the boat after drinking. On the water, most stops are for routine safety checks involving life vests and other required boating items. As long as you are polite and do not show signs of potential intoxication, they will likely thank you and move on.

What if I See Someone Boating Under the Influence?

If you see someone behaving erratically on the water, give the craft a wide berth, and note the boat’s registration numbers. Contact law enforcement, and let them handle it. Boating accidents are often tragic, and those caused by careless behaviors such as drinking are entirely preventable. Reach out to The Law Firm of Aaron A. Herbert, P.C. for questions involving BUI accidents.

People post everything on social media these days, including their illegal activities. These people really don’t think about the consequences of their actions. Recently, a woman in Florida streamed live footage of her drunk driving adventure on Periscope. Needless to say, someone alerted the police to her activities and she was arrested while driving through town. While that scenario ended with a clean arrest without the need to use the video as evidence, other cases may not be as clear. Can officers use what they find on social media as evidence in court? It depends. Courts have upheld and rejected social media as evidence in civil and criminal cases.

Good Lawyers Should Use Social Media

According to the American Bar Association, attorneys are expected to use all forms of technology, including social media, to thoroughly investigate and represent a client. They have to be careful, though. If they access private data, they may not be allowed to use it in court. Regardless of whether the court will admit it into evidence, an attorney can often learn much about a case from social media accounts, including Twitter, Instagram, Facebook, Snapchat, and more. If the parties in a case heavily use social media, keeping an updated record of interactions and posts can help.

Good Lawyers Should Also Understand the Complexity of Using Social Media Content

In some cases, an attorney may use social media content to prove a point in a case. He or she must demonstrate that the content is relevant and was produced by the individual in question, discuss potential issues regarding its probative value, show that the piece entered into evidence is part of the original post, and address concerns regarding hearsay. In past cases, courts have not admitted social media content like a repost of a meme, but they have admitted Twitter posts as “state of mind” evidence as well as social media videos and pictures that can help police before, during, or after the commission of a crime. Every court is different, however, and the use for the content and the argument for admitting it into evidence will largely affect what can and can’t be used in a given case.

What This Means for Social Media Users

Anything you post publicly on a social media account is in the public forum. As long as an attorney can authenticate it, it’s as viable as a surveillance recording of you in any other public place. You’ve often heard that you should not post information on social media you wouldn’t want your boss seeing. The same is true for law enforcement. If you don’t want to face an investigation or have to explain your reason for posting the content, leave it off. Furthermore, you agree to the terms of use when you use a social media platform. If you haven’t read the terms, you may agree for a platform to hold and use your information as it sees fit, i.e. handing it over as evidence in a case. There haven’t been enough cases and precedents set to confirm for certain what is and is not allowed, and new social media platforms change the game every time they come into the marketplace. Most of it may constitute evidence in certain situations. Be careful with what you post on social media, but if you see illegal activity, potential evidence in your own case, or a potential admission of guilt for a crime, don’t hesitate to reach out to law enforcement or an attorney. The potential for using it as evidence or to help further an investigation could make a difference in the outcome of your case.

Harmful or deadly water incidents aren’t exclusive to inexperienced swimmers. Shallow water blackouts can have devastating consequences for professional and experienced swimmers. Furthermore, getting a victim on dry land doesn’t always eliminate the risk of drowning. Some victims may suffer from dry drowning immediately after rescue or as many as 24 hours later. Education is one of the best ways to prevent injury and death from these very real water dangers. Here’s what you need to know before swimming season or your next trip to the YMCA.

Shallow Water Blackouts

Shallow water blackouts occur when a swimmer can’t take a breath quickly enough. It often happens when swimmers hyperventilate before going under, presumably to get as much oxygen as possible into their systems. This creates low levels of carbon dioxide in the body. Carbon dioxide is the body’s natural signal to rise to the surface to get more air. When the levels are extremely low, a swimmer may not get the signal in time, triggering the symptoms of oxygen deprivation: the blackout. Shallow water blackouts can happen to experienced swimmers, who lifeguards and friends may not watch as carefully. As soon as an individual blacks out, the body’s natural response is to take a breath. Under water, this means drowning. Swimmers experiencing a shallow water blackout need immediate assistance to survive. It can happen in as little as 2-3 feet of water and can kill in a matter of minutes.

Dry Drowning

Incidents of dry drowning are extremely rare, only causing around 1-2% of all drownings, but they’re also deadly and highly preventable. This type of drowning typically affects small children who have accidentally breathed in water while swimming. An individual may breathe in water while roughhousing in the pool or getting pulled off of his or her feet when a wave hits in the ocean. The person may get out of the water and appear okay at first. Water doesn’t actually enter the lungs in these cases. Instead, it causes vocal chords to close off airways, making breathing difficult. Secondary drowning, a closely related condition, may not be immediately recognizable, either. It occurs when water does reach the lungs, creating a pulmonary edema and making breathing difficult. Symptoms include coughing, difficulty breathing, lethargy, and chest pain. In many cases, the situation will resolve itself, but the occurrence can still be deadly. Have the symptoms checked out, particularly if an individual swam recently.

Preventing Shallow Water Blackouts and Dry Drowning

Safety advocacy groups stress the importance of swimming safety for a reason. While rare, these types of events do occur. They can be difficult to spot, but they are preventable. Anyone can suffer from the effects and even die by them. Prevent drowning incidents in the water and after leaving the water by:

• Watching small children after they leave the water for signs of dry drowning
• Using the buddy system while swimming, even as an adult, to reduce the risk of an unnoticed blackout
• Taking a seminar or short class to learn how to breathe properly while swimming to reduce the risk of a blackout
• Getting certified for CPR so you can help anyone in trouble if something happens at the pool or on the water
• Avoid mixing alcohol and swimming, particularly if you plan to swim under water

Swimming offers excellent exercise, and many people look forward to getting back in the water after a long winter indoors. Understanding the full risks of swimming can help you keep yourself and your family safe. If you do experience a situation where someone could’ve been saved from a shallow water blackout or dry drowning but wasn’t because of a person’s negligence, give our San Antonio office a call for a consultation today.