Posts

Victims of Violent Crimes Caused by Inadequate Security May Be Entitled to Compensation

While the crime rate varies in Mississippi depending on your location, many people become victims of violent crime daily.  Sometimes crime victims suffer needless injury during an avoidable violent attack when property owners fails to implement adequate security measures to protect the public.  When property owners invite large segments of the public onto their property for commercial purposes, they have an obligation to take reasonable measures to protect those on their property from violent crime.

Obligation of Mississippi Property Owners to Provide Adequate Security

Our experienced negligent security attorneys at Barrett Law understand that he scope and extent of this duty may turn on a careful analysis of the facts regarding your individual case.  If a business that is conducted on a commercial property and held open to the general public is in an area where there is a reasonable amount of violent criminal activity, the property owner or business owner is expected to take reasonable measures to provide adequate security for those that are present on the premises. Our Mississippi negligent security attorneys work closely with security industry experts and former law enforcement personnel to conduct detailed investigations of crime patterns in the area and prior incidents of criminal acts on the property.

A commercial property owner or business owner is not responsible for preventing all violent crimes on their property, but they are required to take reasonable measures, which may include hiring security guards, installing security cameras, providing adequate lighting or using security gates and doors.  The extent of security measures a property owner should implement may be related to the extent and seriousness of prior or current criminal activity in the vicinity.  Examples of the types of violent criminal offenses that a property owner may be required to take measures to prevent include the following:

  • Assault & battery
  • Rape
  • Homicide (manslaughter or murder)
  • Sexual assault
  • Armed robbery
  • Assault with a deadly weapon

Common Types of Negligent Security Cases in Mississippi

If a commercial property owner knows or should know that there has been a pattern of serious violent crime in the area, the property owner may be liable for failing to provide adequate security based on this pattern of violent criminal activity.  Negligent security claims may involve a wide range of circumstances, including the following:

  • Landlord liability
  • Failure to provide adequate parking lot security
  • Inadequate ATM security
  • Negligent university or college campus security
  • Substandard sports venue security
  • Failure to properly screen or supervise security personnel
  • Negligent store or mall security
  • Assaults in stairwells, elevators and other common areas

These are just a few examples of the types of negligent security cases that our experienced Mississippi negligent security attorneys are qualified to handle on behalf of violent crime victims.  We know that when someone is the victim of violent crime, they can suffer lasting and substantial physical and emotional harm.  Our compassionate team of Mississippi negligent security lawyers understands these challenges and is committed to helping the victims of violent crimes obtain compensation for their injuries to facilitate the physical and psychological care they need to fully recover from their injuries.  We are also committed to helping violent crime victims obtain justice.

If you have been the victim of a violent attack, rape or sexual assault because a property owner has failed to install adequate security, the experienced Mississippi negligent security attorneys at Barrett Law provide careful investigation of your case, diligent legal research, and persuasive courtroom advocacy.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

/by

Drunken Operators of Personal Watercrafts Pose Serious Danger to Others

With summer now upon us, many people throughout Mississippi are venturing out to hit the waterways with a personal watercraft (PWC) like a Sea-Doo or Wave Runner.  Many people use personal watercrafts for recreation and to stay cool.  Most PWC enthusiasts are careful, conscientious and follow safe waterway practices and safety laws.  Unfortunately, there are others for whom drinking and recreational watersports go hand in hand.  Someone operating a PWC in Mississippi is subject to the same laws regarding driving under the influence (DUI) as a person driving a passenger vehicle on Mississippi roadways.  In reality, a person driving PWC while under the influence of alcohol potentially poses an even greater risk than someone who is driving a car while intoxicated because are less responsive.  The danger of suffering a serious injury in a personal watercraft accident is also magnified by the fact that people in the water may be less visible.

Alcohol and Personal Watercrafts Are a Dangerous Mix

Our personal watercraft personal injury attorneys at Barrett Law believe that those who cause injury to others because they are operating a PWC while under the influence of alcohol deserve to be held accountable and that accident victims deserve to be compensated for their injuries.  Our experienced team of Mississippi recreational watersport accident lawyers carefully investigates the facts and circumstances of Sea-Doo or WaveRunner accidents so that we can develop the best possible litigation strategy.  We frequently utilize toxicological experts who are able to testify regarding the impact alcohol would have had on the defendant’s ability to maneuver their PWC safely.  We also carefully monitor criminal DUI cases involving intoxicated PWC operators because the developments and outcome of that case can often be used to strengthen a personal injury lawsuit against a negligent PWC user who commits DUI while engaged in recreational watersport activity.

How Drunken PWC, Sea-Doo and WaveRunner Accidents Occur

We handle all types of personal watercraft accidents and injuries involving intoxicated operators in Mississippi including:

  • Collisions with other PWCs or boats
  • Drowning accidents
  • Injuries caused by running over someone in the water
  • Boating or PWC accidents that occur when a watercraft collides with a stationary object
  • Boating or personal watercraft accidents involving a boat that flips over or capsizes
  • Propeller mutilation accidents

Serious boating or PWC accidents often result in catastrophic injury or wrongful death.  If you are involved in a boating, WaveRunner or Sea-Doo accident in Mississippi, you may suffer traumatic brain injury, propeller mutilation, loss of a limb or even a fatal drowning.  When these types of serious injuries are caused by a boat driver or PWC operator who is under the influence of alcohol or driving carelessly, you may be entitled to compensation, including but not limited to medical expenses, lost wages, future lost income, pain and suffering, loss of consortium (loss of companionship and services of a spouse), property loss and funeral or burial expenses in wrongful death cases.  If the careless Sea-Doo or WaveRunner operator who causes your injuries is guilty of DUI, this will also typically justify punitive damages to punish their egregious conduct and to discourage such conduct in the future.

It is never advisable to operate any form of motor vehicle while intoxicated.  While alcohol impairs driving ability under the best circumstances, safe operation of a PWC is more difficult then safely driving a passenger car. Passenger cars are extremely responsive to steering adjustments and braking.  Personal watercrafts do not share the same ease of handling so any diminished ability to respond quickly and exercise good decision-making when driving a boat can have tragic results. If someone is operating a boat while under the influence of alcohol, they may exhibit the following diminished abilities:

  • Slow reaction times
  • Impaired judgment
  • Lack of coordination
  • Faulty assessment of one’s own ability
  • Inability to properly judge speed and distance
  • Diminished visual sharpness

When you or someone you love is involved in an alcohol-related PWC accident, a day of relaxation and fun can become a tragedy in the blink of an eye.  Drunken personal watercraft accidents in Mississippi are particularly tragic because they are completely avoidable. At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

/by

Understanding Mississippi Slip, Trip and Fall Cases

Mississippi Personal Injury Attorneys Explain Premises Liability

If you were injured in an accident on a commercial property, you may have a viable premises liability claim. The businesses and individuals who own commercial properties are legally obligated to maintain their properties in a condition that is reasonably safe for those people who lawfully enter them. When a business owner fails to provide a reasonably safe environment for their business invitees, those invitees may become injured. When that happens, the injured party may pursue a premises liability claim against the property owner. Depending upon how your injury occurred, you may have a specific type of premises liability claim called a slip, trip, and fall claim. A slip, trip, and fall claim is exactly what it sounds like – you slipped or tripped and fell while you were on someone else’s property, and you were injured as the result of the fall.

If you slip, trip or fall while you are visiting a commercial property like a restaurant, grocery store, retail shop, or other type of establishment, it is important to determine what caused your fall. It could have been a missing floor tile, spilled food or drink, merchandise that was not on a rack or a shelf, or some other foreign substance or piece of debris. The item or condition which caused you to slip or trip and fall is an important element in your claim for damages, and your attorney will want to conduct a thorough investigation of the accident scene and look for answers to important questions about the item or condition which caused your fall. The information that your attorney gathers at the accident scene is crucial support for your claim for damages.

Because evidence from the accident scene is vital to a claim for damages in a slip, trip, and fall case, accident victims should contact a personal injury attorney right away. The types of witnesses and evidence that are involved in slip, trip, and fall cases include things that may get repaired in order to prevent additional injuries to other people, witnesses who may change jobs frequently, security camera footage that may only be available for a limited time from the date that it is filmed, and other types of information that is available only temporarily.

Fortunately, it is not necessary that you know the full extent of your injuries before you contact an attorney, just as it is not necessary that you feel any pain before seeking medical attention following a slip, trip, and fall accident. Both your doctor and your lawyer can do a better job of helping you if you seek their assistance immediately.

Perhaps the most important thing that you can do after a slip, trip, and fall accident is to get immediate medical attention whether you feel hurt or not. Some injuries that can be caused by falling, including some severe and life threatening injuries, cannot always be felt right away. Doctors know how to check patients for these and other injuries after they have been involved in a slip, trip, and fall accident. Being seen by a doctor as soon as possible after your accident ensures that any injuries that you do have can be treated promptly. It also ensures that a record of your treatment is created, which is important for proving your damages in a slip, trip, and fall accident claim.

Barrett Law PLLC: Serving the Needs of Injured Parties throughout Mississippi  

Thousands of Americans die and millions of others are injured on commercial properties every year because property owners do not keep their premises safe. The Mississippi Personal Injury Attorneys at Barrett Law PLLC may be able to help you if you have been injured in a slip, trip, and fall accident. Our experienced team of attorneys can evaluate your claim and help you understand what your options are. To learn more, please call us today, at (662) 834-2376 to schedule an initial consultation.

/by

Mississippi Construction Site Injuries: Confined Space Accidents

Construction accidents resulting in serious injury and fatalities are common.  While the number of construction fatalities has fallen in each of the last four years, much of this decrease may be linked to the recession and the substantially diminished volume of construction projects.  There were 780 construction site fatalities in 2010 according to United States Department of Labor statistics.  Additionally, workers in the construction industry experienced a four percent accident rate.

However, these numbers are extremely conservative because many injuries that occur with undocumented workers on small construction project go unreported.  It has been estimated that as many as 42,000 days off work per year are caused by construction accidents that are unreported.  The bottom line is that construction accidents are common and confined space accidents are one of the most serious types of construction accidents.

While construction projects are extensively regulated by OSHA and other federal and state agencies, construction accidents related to negligent maintenance and unsafe conditions on construction projects are common.  Our knowledgeable and experienced legal team works closely with construction industry experts to carefully investigate confined space accidents and identify the best possible approach to maximizing compensation for our clients.

Those on construction sites that must enter confined spaces may face a wide range of dangers from physical agents and atmospheric factors.  Confined space accidents are typically caused by either inherent or induced hazards.  An inherent factor involves mechanical, electrical, chemical, thermal or similar factors present on a construction site and their interactions.  Inherent hazards are particularly insidious because they generally cannot be completely eliminated from a construction site but must be prevented with appropriate hazard control measures.  Common examples of inherent hazards include:

  • High voltage causing electrocution
  • High pressure lines that rupture and release toxic or explosive liquids or gases
  • Radiation exposure caused by machinery
  • Burns or other serious injuries caused by extreme temperatures

An induced confined space construction accident involves accidents that are caused by unsafe practices on a construction project.  These confined space accidents may be the result of the failure to implement appropriate safety equipment.  Common examples include lack of structural support, negligently created flammable environments or lack of oxygen at the bottom of a shaft.  These are hazards that proper decision-making and safe construction site safety practices can prevent.

Our Mississippi confined space construction accident lawyers have represented many clients injured in both inherent and induced confined space accidents.  We work closely with construction industry experts to develop the most understandable and persuasive claim for compensation to present to a judge or jury.  Our highly qualified team of Mississippi confined space accident lawyers and industry experts may provide representation for a wide range of confined space hazards including:

  • Explosive gases and fumes
  • Condenser pits
  • Purging agents
  • Transformers
  • Vaults
  • Pipeline assemblies
  • Liquid sumps
  • Electrical shock accidents
  • Low oxygen environments
  • Storage tanks
  • Falling materials

Anyone who works in the construction trades knows that this is far from an exhaustive list of the types of confined space accident hazards on a typical construction site.  These types of construction site injuries often result in catastrophic life-altering injuries and wrongful death.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

/by

Injured by a Negligent Driver: Do I Really Need a Personal Injury Lawyer

Many people that are injured by the careless or inattentive conduct of others in motorcycle accidents, car accidents, trucking accidents or pedestrian accidents presume that they can handle an insurance claim against the other driver on their own.  It is extremely risky to attempt to handle one’s own accident claim.  While it might seem like this is a way to save attorney fees, the risk of making a critical error when dealing with insurance companies and navigating legal procedures can be far more costly.

When you retain an experienced Mississippi personal injury lawyer, you will achieve a number of benefits that increase the likelihood of successfully maximizing your financial recovery.  We have provided an overview of some of the benefits of a Mississippi personal injury attorney when pursuing an insurance injury claim:

Leveling the Playing Field: Insurance carriers have a stable of lawyers, experts and financial resources devoted to denying or minimizing your claim.  When dealing with this enormous arsenal of litigation resources, an experienced Mississippi personal injury attorney can level the playing field.  Our Mississippi personal injury law firm has our own experts, state of the art litigation tools and the financial resources to take on large corporations and their insurance companies.

Avoiding Insurance Adjuster Traps: Insurance companies handle thousand upon thousands of claims annually.  There are many tactics they employ to trick those without legal representation into compromising their personal injury claims.  The insurance company adjuster may ask you to provide a written statement or sign a release of information.  Injury victims are not required to comply with either request and should not do so.  The insurance company is searching for information that can be used to decline to pay your claim or reduce the amount of your compensation.

Compliance with Timing Requirements: There are critical timing requirements that apply to personal injury cases.  The statute of limitations is extremely important because failure to comply with this timing deadline will result in a permanent ban of your claim regardless of the merits.  If a public entity is a defendant in your personal injury claim, you generally will also have to comply with time limits for filing a claim against the public entity before pursuing a personal injury claim.  An experienced Mississippi personal injury attorney will be familiar with these deadlines and will work diligently to make sure all such timing requirements are met.

Knowledge of Complex Legal Requirements and Procedure: The standards for liability, procedural requirements and rules of evidence are complicated and extremely difficult for someone to successfully navigate without an experienced Mississippi personal injury attorney.  Personal injury attorneys understand these complexities and can successfully navigate the potential landmine of litigation mistakes.

These are some of the ways that an experienced Mississippi personal injury attorney can help you maximize the value of your personal injury claim.  The reality is that it is virtually impossible for a non-attorney to successfully litigate a personal injury claim.  While it is possible for someone who is not represented by an attorney to settle their personal injury claim with the insurance company, an insurance company will not offer the true value of a claim unless they fear the prospect of trial.  When a law firm with a proven track record of trial verdicts is on the your side, the insurance company has an incentive to offer a more substantial settlement to avoid trial.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

/by

New Scientific Study Reveals Tasers May Cause Cardiac Arrest

While the growing use of Tasers by law enforcement and private security companies is designed to reduce the number of deaths from shootings, there is a new scientific study that suggests that Tasers may be prone to cause cardiac arrest (i.e. heart attack) and fatalities.  The safety of Tasers is an important issue because they are currently used by 16,000 agencies worldwide, and there have been three million uses of Tasers according to a spokesman for the manufacturer of the device, Taser International Inc., which is based in Scottsdale, Arizona.

A Taser device functions by administering a 50,000 volt shock that is transferred via wires connected to a barb that is shot and penetrates a suspect’s skin.  The electrical current prevents the suspect from using his or her muscles so that police can subdue the suspect.  The device can be fired at a suspect from a distance of 35 feet which some law enforcement agencies contend keeps the officers safe and involves a less lethal form of force to subdue a suspect.

However, there are a growing number of lawsuits being filed against the manufacturer of Tasers amid allegations the devises are more dangerous than they were portrayed to be when first marketed.  Amnesty International reports that there have been 500 fatalities involving Tasers since 2001.  It must be noted that in some of these cases other factors were also found to have contributed to the fatality, including drug use or pre-existing medical issues.

While the manufacturer of Tasers has argued that the number of fatalities associated with Tasers is overstated and that the benefits in lives saved outweighs any potential danger, a new medical report published in the American Heart Association’s leading journal, Circulation, concludes that Tasers can cause cardiac electric capture and trigger heart attacks.  The study focused on eight separate incidents involving the Taser X26 ECD with seven of those cases resulting in death.  The report indicated that the risk of heart attack from a Taser results from uncontrolled fluttering contractions and an excessively high heart rate.

While initial lawsuits against the manufacturer of Tasers were unsuccessful, there have since been substantial verdicts against the company.  For example, a North Carolina jury returned a $10 million dollar judgment against the company in a wrongful death lawsuit last year.  The judgment was later reduced to $4.4 million.  There appears to be evidence that Taser devices were not adequately tested which may create a basis for product liability lawsuits.

If you or someone close to you has suffered serious injury or wrongful death caused by a Taser, our experienced Mississippi personal injury attorneys at Barrett Law may be able to help you seek compensation for your injuries or loss of a loved one.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

/by

Trayvon Martin Shooting a Cautionary Tale for Property Owners Association Neighborhood Watch Programs

The Trayvon Martin case involving the shooting of an unarmed teenager by George Zimmerman has captured national headlines and resulted in sharply polarized positions about the criminal charges pending against Zimmerman.  There has been little discussion about the civil liability aspects of this tragedy.  A growing number of communities are using neighborhood watch programs to supplement law enforcement efforts.  When property owner associations authorize and endorse such programs they are potentially liable when innocent parties are injured or excessive force is used to prevent a crime.

Neighborhood watch programs typically use untrained residents to patrol for criminal activity.  The lack of training and supervision of those who engage in these neighborhood watch programs can mean that mistakes are made resulting in shootings, physical injury in fights or other injuries resulting from the use of force by a resident who is patrolling as part of a neighborhood watch program.  While liability rules vary based on state law, someone who is injured or dies because of the negligent or wrongful conduct of a homeowner’s association in establishing, training or supervising neighborhood watch activities may have the right to pursue a personal injury or wrongful death lawsuit.

Although most homeowner’s associations have errors or omissions insurance policies to cover lawsuits against POA board members, this coverage typically would not cover neighborhood watch activities.  This could mean that when a neighborhood watch program causes injury to someone, the homeowners might each face an individual assessment to cover the cost of liability from the negligent or intentional acts of a member of the neighborhood watch program.

At the Nahon Firm, we recognize that while volunteerism in a homeowner association or condominium association is commendable, it is important to conduct due diligent to ensure that members of neighborhood watch programs are qualified and competent to be entrusted with participation in the program.  A POA may also be liable if it fails to provide adequate training or clear policies about the use of force of varying degrees.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  If you are injured by someone engaged in neighborhood watch activities, our experienced Mississippi personal injury attorneys may be able to help you obtain compensation to cover medical bills, lost wages, pain and suffering and more.   Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

/by

Mississippi Judge Rules Damage Caps Unconstitutional

While the future of damage caps in our state may soon be decided by the Mississippi Supreme Court when they announce their ruling in the case of Sears v. Learmonth, an interesting decision issued by Circuit Judge Charles Webster of Coahoma County provides an insightful perspective on why damage caps in tort cases may be unconstitutional.  Judge Webster focuses not on the nature of the existing damage caps in Mississippi but on the implications for the power of the legislature to effectively eliminate the judiciary in Mississippi if damage caps imposed by the legislature are lawful.

Mississippi currently has a one million dollar damage cap on non-economic damages, such as pain and suffering and impaired quality of life.  The Mississippi legislature has followed the example of other states in enacting caps on damages to prevent the supposed negative impact of out of control juries that award excessive verdicts.  The problem with this reasoning is that while a million dollars may sound like a lot of money to some; it is woefully inadequate for a victim who suffers quadriplegia or permanent severe brain damage.  One would be hard pressed to find an accident victim who would take a million dollars for a lifetime of being unable to using one’s extremities or being unable to take care of one’s own basic needs.

Judge Webster’s take on the constitutionality of damage caps seems well reasoned and hopefully will serve as a pre-cursor for the Mississippi Supreme Court’s ruling.  Judge Webster reasoned that either the legislature has the power to set damage caps or it does not have this power.  The reasonableness of the cap in terms of the type of damages and amount of the cap is irrelevant provided the legislature has the power to establish the caps in the first place.  Judge Webster points out that if the legislature has the power to set damage limits for the judicial system then it may also set those limits lower than a million dollars and may establish caps on economic as well as non-economic damages.

The implication of Judge Webster’s ruling is that a legislature empowered to limit the damages awarded by courts could also set those limits at zero dollars and have the limit apply to economic damages, such as medical expenses, lost income and property damage.  Judge Webster reasons that if the legislature has the ability to set damage cap limitations it also has the ability to completely pre-empt judges of any ability to compensate victims of negligent conduct.  Because the decision in Sears v. Learmonth has been pending for some time, it is unlikely that Judge Webster’s ruling will play a role in our state supreme court’s ruling but can hope that our highest court’s ruling will be as well reasoned so that injury victims can again be fully compensated, and those who cause injury will be forced to bear the full cost of their wrongful conduct.

/by

Defective Playground Equipment Can Cause Severe Injuries to Small Children

While a playground is intended to provide a place of fun and recreation for children, it can also be a place filled with hazards involving defective playground equipment.  Many parents whose children are hurt on playground equipment presume that accidents on jungle gym equipment are just part of growing up and that there is no basis for liability from the manufacturer.  However, the manufacturer of playground equipment as well as public entities and private businesses that install such equipment have an obligation to protect children from the unreasonable risk of harm from defectively designed or manufactured playground equipment as well as such equipment that is negligently installed or maintained.

Injuries to children caused by defective, improperly installed, or poorly maintained playground equipment are more common than most parents realize.  Approximately 32,000 pre-school and elementary school aged children per year are treated in emergency rooms for injuries suffered on playground equipment.  More than two-thirds of these injuries result from the failure of the playground equipment or falls.  These accidents may be caused from a wide range of causes including:

  • Lack of soft material like wood chips of padding to protect children that fall
  • Slick surfaces that result in slip and fall accidents
  • Sharp edges or protruding bolts that can cause gashes
  • Inadequate warnings
  • Poorly constructed equipment that may break

If your child is injured while playing on a piece of playground equipment, your child may be entitled to compensation from the manufacturer, distributor or supplier of the equipment based on product liability or the public or private property owner if the equipment is not properly put together or maintained.

Playground injuries can result in broken bones, head injuries, spinal cord injuries, lacerations and other serious injuries.  These types of injuries may require surgery or other significant medical care.  An experienced playground or swing set accident attorney at the Mississippi personal injury law firm of Barrett Law may be able to assist you in seeking compensation for your child’s injuries.

Evidence can be destroyed or altered and time limits apply for pursuing a claim.  If the injuries occurred at a park or school playground owned by a public entity, you may have only a matter of months to file a claim so it is important to seek legal advice immediately.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

/by

Avoiding Serious Injury in Mississippi ATV Accidents

According to the Consumer Product Safety Commission (CPSC), there have been over 6,000 deaths in the last 20 years resulting from injuries sustained while on an ATV.  In a typical year, over 125,500 riders of ATV’s are involved in accidents that necessitate visits to the emergency room.  Children and teenagers are disproportionately represented amongst those injured in ATV accidents with approximately 38,600 of those injured under the age of 16.

The fact that there are so many ATV accidents is not really a surprise given how many people use ATV’s in different settings.  They are used by those of all ages for work and play.  The speed at which they can be driven and the way they can be maneuvered often entices riders to engage in risky procedures that can pose a high risk of injury to the rider.  ATVs may be used a wide variety of settings including:

  • Recreational riding
  • Ranch and farm work
  • Accessing non-auto areas
  • Hauling cargo

There are certain safety measures that can help reduce the risk of suffering serious injuries in an ATV accident regardless of whether the ATV is being use for productivity or recreation:

Protective safety gear should be used.

The use of a helmet is imperative when riding an ATV, and eye protection also should be worn at all times.  The use of proper boots and gloves also reduce the likelihood of injury to your hands and feet if you are involved in an ATV accident.

Ride the right size ATV for you.

There are many different makes and models of ATVs on the market for people spanning a wide range of ages, heights and weights.  The guidelines below provide a general suggestion of appropriate size based on age.

Ages six to twelve under 70 cc engine

Over age twelve to age 16 70-90 cc engine

Age 16 and older engines may exceed 90 cc’s.

Always inspect your ATV before you ride it.

Routine maintenance should be performed on ATV’s because they take so much abuse when they are ridden. You should make sure that your brakes, light switches, and gears are operating correctly.  Proper tire pressure also should be maintained.  All parts of the vehicle should be inspected for cracks, breakage, or strange noises.

Participate in a training class.

A rider should never operate an ATV without taking some training, and even the most experienced rider can learn to driver an ATV safer by taking a refresher course. It is easy for experienced riders to develop bad habits or get complacent about the potential risks posed by ATV’s.

Be Smart About Your Riding Habits

You should never operate an ATV when under the influence of drugs or alcohol.  Drugs and alcohol slow your ability to react, and reaction time is critical when you are riding an ATV.  The CPSC conducted a study that found that 30 percent of all fatal ATV accidents involve intoxicated operators.  Distracted driving of an ATC is almost as dangerous so you should never use a cell phone while operating an ATV in Mississippi.  You should also avoid riding with people on the back of the ATV.

ATV’s can be a great source of fun and enjoyment as well as a great tool of productivity on a farm or other workplace setting.  Even if you are extremely careful, you can still be seriously injured or a loved one can suffer wrongful death in an ATV accident.  If you or someone you love has been injured in an ATV accident, you may have a right to seek compensation for your loss including medical costs, lost wages, pain and suffering and future loss of earnings.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

/by