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DWKMRS is known throughout the state of Florida as a firm that is passionate about strengthening the community and helping to address the needs of people who live, work or travel here.

Ken McKenna Supports Ronald McDonald House 8th Annual GolfClassic

Ronald McDonald House Charities of Central Florida hosted the 8th Annual GolfClassic presented by McDonald’s at Lake Nona Golf & Country Club. This annual event brings together nearly 130 golfers from around the country in support of RMHCCF’s programs to keep...

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Burn Injury Lawsuit


When individuals sustain a burn injury, they may seek financial compensation by filing a burn injury claim or lawsuit against the party responsible for the injury. When pursuing a burn injury claim or lawsuit, the victim is also frequently referred to as the plaintiff. The plaintiff has the burden of proof. This means that victims and plaintiffs must provide sufficient evidence to prove fault on the part of the responsible party, known as the defendant. Gathering and providing burn lawsuit evidence is critical and must be done quickly. It can be a time-consuming, expensive and potentially difficult task. For this reason, burn injury victims should seek the representation of an experienced burn injury attorney immediately.

Burn Injury Evidence

In order to prove a burn injury claim and win a lawsuit, the plaintiff must provide reasonable proof of a specific set of elements in order to meet the legal requirements. The plaintiff must prove that the defendant owed a legal duty to him. Then, the plaintiff must prove that the defendant breached that duty by doing something unreasonable or dangerous. This breach of duty must then be the proximate cause of the plaintiff’s burn injury. All elements must be proven in order to meet the burden of proof.

Duty of Care and Breach of Duty

For example, a plaintiff in a stove burn case may allege that the manufacturer owed a duty to provide customers with a safe device, that under reasonable and foreseeable circumstances, would not catch on fire and create a danger to the user. By manufacturing a stove that would catch on fire and therefore be dangerous, the manufacturer may be seen to have breached the duty of care owed to the plaintiff.

Direct or Proximate Cause

In addition to acting negligently and breaching the duty of care, it must be proven that the defendant’s negligence was the cause of the plaintiff’s injuries. For example, the plaintiff in a defective stove case must prove that the stove’s defect was the direct or proximate cause of the burns sustained.

Plaintiff Injury

The plaintiff must provide sufficient evidence of the injury. This is often established through the presentation of photographs, videotape, medical records, hospital or direct care bills, and other factual documents surrounding the burn injury. The plaintiff may not be eligible to recover compensation if he or she cannot reasonably prove a burn injury or financial loss due to a burn injury. For this reason, it is important that all aspects of injury or loss are documented.

Burn Injury Liability

The majority of burn injury claims and lawsuits are based on the victim asserting that the defendant’s actions or conduct was dangerous or negligent, which in turn caused the plaintiff’s injury. Negligence refers to actions or behaviors that are careless, thoughtless or dangerous. Negligence can occur when an individual or entity acts in an inappropriate manner, such as manufacturing a defective stove that catches fire, despite evidence that burn injuries may likely occur. Negligence may also occur if the defendant fails to act in an appropriate manner, such as a manufacture failing to warn users of a potentially hazardous quality of an otherwise safe stove, or failing to recall an unsafe stove when it has reason to know that users could be injured.

You can find Samuel King on Google+.

 

Sources:

Clermont, Kevin M. “Litigation realities redux.” Notre Dame Law Review July 2009: 1919+. Academic OneFile. Web. 5 Oct. 2013.

Pardo, Michael S. “The nature and purpose of evidence theory.” Vanderbilt Law Review Mar. 2013: 576+. Academic OneFile. Web. 5 Oct. 2013.

Trevor, Eunice. “Representing a burn survivor.” Trial Sept. 1996: 40+. Academic OneFile. Web. 5 Oct. 2013.

Campus and Dorm Fires

Campus and dorm fires can place college students in life-threatening danger. The National Fire Protection Association (NFPA) states that roughly 3,780 dorm fires were reported in 2011. College students should practice continuous fire safety techniques and remain alert and aware of potential hazards. Additionally, students should be familiar with evacuation plans and fire safety protocol in their college dorms and campuses.

Causes of Campus and Dorm Fires

Campus and dorm fires are commonly caused by conditions such as cooking, open flames, and overloaded power strips. Arson and intentional controlled fires within dorm and campus locations may also lead to unintentional or uncontrolled fire spread. A large number of deaths during campus and dorm fires occur within individuals with high blood alcohol content levels. Alcohol consumption is known to increase unsafe fire practices and decrease the ability to respond safely and quickly when a fire occurs.

Campus and Dorm Fire Statistics

According to the National Fire Protection Association (NFPA), campus and dorm fires have increased 18 percent from 1980 to 2011. The NFPA data reveals that only 7 percent of these fires started in dorms or bedrooms. However, these bedroom fires accounted for 27 percent of injuries that occurred. Campus and dorm fires have been observed to occur most commonly between 5 p.m. and 11 p.m., and on weekends as well. Roughly 84 percent of these reported dormitory fires involved cooking equipment.

Damage from Dorm Fires

From 2007 to 2011, an estimated 3,810 dormitory, sorority, fraternity, and barracks fires were responded to by U.S. fire departments. On average, these campus and dorm fires caused an estimated $9.4 million in property damage. In addition to property damage, the fires caused 30 injuries and two deaths.

Preventing Campus and Dorm Fires

College students should take the following steps to prevent campus and dorm fires:

  • Never disable or remove batteries from smoke alarms, and test each alarm monthly.
  • Ensure that the dormitory of choice contains a fire alarm in each bedroom and outside all sleeping areas on each level.
  • Learn fire evacuation plans for each building and practice these plans to ensure smooth implementation in the event of a real fire.
  • Use flashlights during a power outage, as opposed to open flames such as candles.
  • Only cook in specially permitted areas. When cooking, remain in the kitchen at all times.
  • Do not cook while tired or under the influence of medications, as this can cause a lack of alertness and attentiveness that can contribute to a dorm fire.
  • Plug surge protectors directly into outlets for all electrical devices and appliances.

You can find Samuel King on Google+.

Help for Burn Victims

Help for Burn Victims

Second and third degree burns are considered severe burn injuries. Severe burns require immediate medical attention. In many cases, severe burn treatment involves the use of skin grafts to heal the damaged skin. Skin grafts are a painful medical procedure that may require weeks or months of medical supervision.

When a person suffers from second or third degree burns, severe burn treatment is vital for full skin recovery. While many first degree burns can be treated at home, severe burns need prompt medical attention. For example, third degree burns may require graft healing. Unfortunately, most people do not know when they should seek medical attention for burns.

Severe Burn Causes

Thousands of people visit the hospital each year to receive severe burn treatment for second and third degree burns caused by:

  • Flames or fire
  • Scalding liquid
  • Contact with an extremely hot object
  • Electrical burns
  • Chemical burns

How to Tell if a Burn is Severe

To tell if a burn requires immediate medical attention, consider the following:

  1. How much of the body has been affected by the burn? A large burn area means that it is probably classified as a severe burn injury. If you have a large burn area, the sooner you seek medical help, the better.
  2. How deep does the burn go? While a mild burn may blister, becoming red or pink in color, a severe burn injury can literally char the skin. A severe charred burn will make the injured skin white or black in color. This means the burned skin is dead and unable to heal.

Skin Grafts for Burns

A skin graft procedure may be used for a number of medical reasons. For severe burn treatment, a surgeon may perform a skin graft by applying healthy skin to the patient’s severely burned area. The healthy skin is rich in oxygen due to continued blood flow since it was uninjured. In some cases, the skin graft bonds with the damaged skin to heal the burn wound. In other cases, the skin graft simply suffices as a covering long enough for the burn wound to begin to close on its own.

Types of Skin Grafts

Depending on the degree of the burn, the overall health of the patient, and the level of healing required, doctors may use a variety of three different types of skin grafts:

  • Xenograft – This type of skin graft is for a severe burn that only needs a temporary skin graft. It is for the lightest level of burn healing that still requires surgery. A xenograft is a temporary covering for the burned area. It is essentially skin that is harvested from an animal. Pigs are the most common animal to provide xenografts. All xenografts are eventually rejected by the patient’s body, within three to five days, which is why they are only a temporary solution.
  • Allograft – This type of skin graft is for a severe burn that requires an immediate solution, but the patient may be unable to withstand supplying his or her own skin graft at the time. Allografts are skin grafts taken from human cadavers and may be used in place of xenografts. Similar to xenografts, allografts will eventually be rejected by the patient’s body. However, skin graft rejection takes longer, around seven to ten days.
  • Autograft – An autograft is for patients who have been severely burned and are healthy enough to supply their own skin graft. Healthy skin is taken from an injured area of the patient’s body and transplanted to the severely injured area with second or third degree burns. This form of skin graft is the only one that will not eventually be rejected by the patient’s body.

Skin Graft Healing

To heal, a skin graft needs to be moisturized regularly, infused with oxygen, and the process needs to be monitored by a medical professional to prevent infection. Most skin grafts require weeks to months for full recovery. In some less traumatic cases, a xenograft or allograft may only require several days of medical observation to heal. Regardless of the length of time, skin grafts are extremely painful and stressful for the patient. If a severe burn injury occurs, it is important to seek medical help immediately to minimize the need for skin grafts and length of recovery time.

About the Author

Sam King

Sam King is a civil trial lawyer in Orlando, FL, specializing in burn accident injuries. Contact Sam and the rest of the team at DWKMR&S by filling out the form below or calling 888.726.6735.

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Robert H. Dellecker Recognized as Florida Legal Elite Hall of Fame

Robert H. Dellecker has been recognized as a Legal Elite attorney for 10 consecutive years.  This year, on the 10th anniversary, he was inducted into the prestigious Legal Elite Hall of Fame.
ORLANDO, Fla.--August 19, 2013  Robert H. Dellecker, managing partner of the Orlando based personal injury firm, Dellecker Wilson King McKenna Ruffier & Sos was recently recognized as a “Legal Elite Hall of Fame” attorney in the 2013 edition of Florida Trend’s Florida Legal Elite™.  Mr. Dellecker is one of 28 attorneys from the state who had the distinction of being chosen as Legal Elite every year for the past 10 years.  Florida Bar President Eugene K. Pettis notes, “In an ever crowded profession, it’s even more important to the public and the profession to identify exceptional attorneys; Florida Legal Elite is a great resource for this task.”   Mr. Dellecker is a civil trial lawyer and his practice areas include personal injury, wrongful death, insurance bad faith and medical malpractice.   He earned his law degree from the University of Florida in 1983 with honors and his undergraduate degree from the University of Florida in 1980.  He is a  member of the Florida Bar, Florida Justice Association, Orange County Bar Association, Central Florida Trial Lawyers Association, The State Bar of Georgia and the American Association for Justice. You can find Robert Dellecker on Google+

Contact Dellecker, Wilson, King, McKenna, Ruffier, & Sos


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