Corpus Christi Personal Injury Lawyer - Miscellaneous

Texas Safety Lawyer Jesse E. Guerra Jr. Receives Prestigious Award from Texas Lawyer

Bob Hilliard — Wed, 30 Sep 2009 09:59:56 GMT

Jesse E. Guerra Jr., Partner, at Hilliard Munoz Guerra Law Firm was recently chosen as one of twenty-five extraordinary minority lawyers in Texas Law by Texas Lawyer Magazine www.law.com/jsp/tx/PubArticleTX.jsp. This prestigious award is only given every five years.

Jesse's passion for aquatic safety litigation is second to none and in less than two years he has made himself and the firm the go to people for swimming pool drowning cases. He has represented over a dozen families who have lost children in unsafe pools nationwide.

The award further demonstrates his commitment to creating pool safety awareness for all companies and people who own or manage pools acroos Texas. Through his efforts pools have been made safer and changes have been made that will no doubt save future lives. He is currently working to get the Texas Department of Health to make availble pool guidelines in spanish so that spanish only speaking people can comply with the guidelines they are required to abide by.

"Jesse is currently litigating numerous pool cases and keeps himself abreast of pool codes and regulations. In my twenty six years of practicing law, I have never met a lawyer so enthused and passionate about what they do. Jesse has truly set the bar on aquatic litigation in Texas and I have no doubt that his reputation as an aggressive, but fair litigator and trial lawyer will rapidly spread nationwide." -Bob Hilliard, founding partner, of Hilliard Munoz Guerra LLP.

Originally posted at InjuryBoard by Bob Hilliard

Samarion Fall Prevention System in Nursing Homes

Beth Janicek — Tue, 04 Aug 2009 15:49:32 GMT

Falling is the leading cause of injury deaths and non-fatal injuries among older adults. Each year about 1,800 people living in nursing homes die from fall-related injuries. This is a problem that I have recently blogged on. However, a new cutting edge fall prevention system is changing the way nursing homes operate by helping to prevent residents from falling.

The Guardian House Alzheimer’s facility in Louisiana is equipped with a Samarion Fall Prevention System in each room. Neal Rider, Guardian House CEO said,

“We have a ‘smart’ system, which is a computer system that will learn patient movement and activity.”

Mr. Rider explains that each resident has an individual profile that determines the risk for potential falls, and if they are categorized as a “fall risk,” the computer and motion sensor devices will monitor their every move and alert the staff if anything is abnormal. He said,

“You can see the unauthorized bed exit alert is coming in and you can see the individual getting out of the bed. It identifies where the person is in the building and where other individuals and staff are located throughout the building.”

The Samarion Fall Prevention System is the first kind of preventative step in alerting staff before a fall happens. Guardian House Quality Assurance manager, Kathy Richard said,

“Our residents each have an electronic wristband, when they do a bed exit or they move - and the computer has programmed that that’s an unauthorized move, it will alert us.”

Mr. Rider said,

“We have shown over the past six months of testing that we have actually eliminated 60 percent of those incidents that would have resulted in a fall.”

The Samarion Prevention System and an attentive staff can greatly reduce falls, as well as prevent abuse in nursing homes. While this state of the art technology is beneficial and can greatly help residents maintain optimal health, it will only work if the staff is attentive and uses it properly. In the past new technology has only worked as well as the employees who are trained to use it.

Originally posted at InjuryBoard by Beth Janicek

Texas Safety Lawyer Discusses Importance Of Water Clarity In Pools

Jesse Guerra — Thu, 25 Jun 2009 14:30:33 GMT

The #1 Safety Rule for all pools is water clarity:

Water clarity is important for several reasons:

1. So that someone at the bottom of the pool can be seen allowing immediate rescue to that individual.

2. Water clarity is also important because it reveals objects or structural objects such as pool steps, ladder’s, and drains.

3. Water clarity is important for pool users because is provides clear visibility for swimmers preventing physical injury from other objects and swimmers.

The water clarity standard for the State of Texas is all follows:

Texas Department of Health Standards for Swimming Pools and Spas, Section 265.203(b)

Water Clarity standards for post - 10/01/99 and pre- 10/01/99 pools and spas. Areas of a post 10/01/99 or pre - 10/01/99 pool or spa shall be opened for use only if the pool or spa bottom and/or main drains are clearly visible. Possible visual occlusion by sediment or other matter shall be checked before opening a pool and periodically, as necessary, while the pool is in use. To check the pool or spa when in use, bathers shall exit and the pool or spa water shall be allowed to calm.

Clarity shall be observed between 1 to 5 minutes after users have exited. The pool or spa shall be opened for use only if the bottom and/or main drains are clearly visible. Sediment or other matter that may cause visual occlusion shall be vacuumed, filtered or otherwise removed as needed prior to pool use.

Therefore, if you own or operate a pool. Always check water clarity before allowing swimmers to use the pool to ensure a safe swimming experience for all.

Originally posted at InjuryBoard by Jesse Guerra

Swimming Pool Safety Tips for Children

Margaret Embry — Fri, 15 May 2009 16:36:47 GMT

Summertime means more children are headed to the swimming pool to cool off and have fun. While a summertime staple, it is important to be aware of the dangers of swimming pools. According to the Centers for Disease Control and Prevention,

More than one in four fatal drowning victims are children 14 and younger. For every child who dies from drowning, another four received emergency department care for nonfatal submersion injuries

To avoid injury or death, follow these tips from The Injury Prevention Program to ensure your child or a child you know is safe while swimming.

Never leave a child alone in or around a swimming pool, even for a moment. An adult who is trained to perform CPR should supervise children at all times.
For children under five, an adult should always be within an arm’s length from the child when swimming.
A fence separating the house from the pool must be put up. The fence should be at least four feet high and around all four sides of the pool. Use self-closing and self-latching gates, with latches higher than a child’s reach.
Keep rescue equipment and a telephone near the pool.
Always used approved life vests as opposed to air-filled swimming aids.
When the pool is not in use, all pool toys should be removed from the pool to avoid children being tempted to reach for them.
When the pool is not in use, secure pool area so children cannot get back in.
A child who has been taught how to swim is not necessarily safe in the water.

Originally posted at InjuryBoard by Margaret Embry

State School Fight Club Videos Released

Reynaldo Pena — Tue, 12 May 2009 16:49:12 GMT

Four of the many videos depicting mentally disabled persons being forced to engage in brutal fighting matches at the Corpus Christi State School have been released. Our firm has filed suit against the Department of Aging and Disability Services on behalf of a mentally disabled individual who was brutalized in the same fashion on many occasions, and we were able to secure the release of the four videos already made public in the criminal case of one of the alleged perpetrators who worked at the state school.

The State of Texas, through the Attorney General's Office, now seeks to prevent the videos from being seen by anyone. The State argues that irreparable harm will result if theses videos are seen by the public. I wonder if the irreparable harm the State speaks of is the harm the videos will do to their own rear-end. Suddenly, after all the terror, brutalization, and humiliation the State has allowed to occur at its own school, the State now wants to protect its residents by not allowing other people to know what happened to them. It seems clear that the State is desperate to keep what has occurred in their own school for mentally disabled Texas residents in the dark corners of that same school, and out of sight and out of mind from the rest of society. This is SHAMEFUL!

While the videos are very disturbing to watch, it is important that the public see with their own eyes what goes on in these state run institutions, and hopefully with some publicity there will be more awareness of problems that need to be addressed, and change for the better.

Originally posted at InjuryBoard by Reynaldo Pena

State School Lawsuit Raises Awareness of Abuse of the Handicapped

Reynaldo Pena — Thu, 26 Mar 2009 22:58:04 GMT

What is coming to light regarding the atrocities at the Corpus Christi State School is nothing short of shocking. There is now evidence that the residents, all mentally disabled, were subjected to many types of cruelty at the hands of the staff hired by the State of Texas to care for them. Residents were forced to fight each other bare fisted while the very people paid to care for them crudely recorded the fights on their phone cameras.

Even after pleas from the residents to leave them alone, and that they did not want to fight, state school staff used the residents' mental disabilities to deceive, coerce, and humiliate them into compliance. They were told if they do not fight each other they would go to jail, or they would get beat up by the staff, and many of these threats were carried out in gruesome fashion. Why did the supervising authorities do nothing about what was going on? They were told repeatedly about these problems according to family members of the victims. This exploitation went on at the very least for a year, but who really knows how long its been going on? Something needs to be done to hold the perpetrators and those who allowed it to happen whether directly or through indifference accountable.

Many residents are already taking action to put a stop to this abuse. The Nueces County District Attorney's Office has already filed charges against several state school employees, and arrests have been made. My law firm, Hilliard Munoz Guerra LLP, has filed a lawsuit against the Texas Department of Aging and Disability Services alleging a multitude of negligence claims such as failing to properly screen and hire employees, failure to supervise employees, and failing to protect residents. The Texas Tort Claims Act does not allow injury lawsuits against state agencies for intentional acts such as assault - only for negligent acts. There are sovereign immunity barriers, as well, that we will have to deal with, as have other families with loved ones who have been victimized by atrocities at other state schools.

Thankfully there is a bill sponsored by Representative Lon Burnam in the State Legislature that, if passed, would allow agencies such as state schools to be held accountable for these types of atrocities, and not allow such dispicable conduct to go unaccounted. Our law firm hopes that everyone who reads this post or hears about the lawsuit will take the time to do what they can to raise awareness about this very serious issue, and support the passing of Representative Burnam's bill.

Originally posted at InjuryBoard by Reynaldo Pena

Texas Safety Attorney Jesse Guerra, Jr. Makes Partner

Bob Hilliard — Mon, 16 Mar 2009 22:38:16 GMT

On February 17 of this year, I was proud to announce that Jesse Guerra, Jr. made partner in our law firm Hilliard Munoz Guerra LLP. Jesse has only been with our firm since May of 2007, and in such a short time he has risen to become one of the best civil litigators around. He has also carved a national niche in the area of swimming pool safety and litigation. It is passion and a sincere desire to make a difference in the lives of others that drives Jesse to achieve his success.

Our firm works on cases daily where someone, usually a child, has drowned in a murky swimming pool with little chance of rescue. Jesse has been an integral part of our strong ability to effectively represent families who are suffering from the tragedy of a needless death, and he has already forced public pool operators to make changes geared at safety - not profit. I have been telling my clients' stories to juries for over 25 years, I have seen my share of excellent litigators , and Jesse is hands down one of the best storytellers I have ever seen.

Congratulations Jesse! We are proud to have you as a partner.

Bob Hilliard

Originally posted at InjuryBoard by Bob Hilliard

Texas Safety Lawyer Discusses New Federal Swimming Pool Legislation

Jesse Guerra — Wed, 07 Jan 2009 15:06:24 GMT

President George Bush signed into law on december 19, 2007 new legislation mandating safety drain covers be installed on all public pools and spas normally referred to as "Class C" pools in the State of Texas by December 18, 2008. The drains are anti-entrapment devices designed to prevent people from being trapped in pools to drains. The law also requires that a second anti-entrapment device system be added to each pool when there is only a single main drain.

The law allows seasonal pools an extension to the December 2008 deadline to extend to prior to their opening for business in 2009. Some entities are having trouble meeting the requirement because of supply and demand issues according to an article that ran in the Houston Chronicle on December 18, 2008.

The Department of Health Services has the responsibility in Texas to ensure that compliance occurs by all pool owners. A task that will not be easy, but necessary. The state will rely on other health agencies throughout the State to enforce the law.

My thoughts are that many pool owners will drag their feet in order to comply as evidenced by the recent shortage of supply. The law gave ample time to comply and it appears once again that business owners and management of public pools are waiting till the last minute to comply. The law is named "THE VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT" signed and named after the late 7 year-old granddaughter of former Secretary of State James Baker who drowned in 2002 as a result of her hair being entangled in a hot-tub drain.

I am thankful for the law, just sad that it took a famous politician's relative to get something like this important safety law passed. How many unknown innocent victims had to die and suffer before such national attention was given is certainly one too many. I invite you to blog with me about this important new law and to actively engage in conversation with your pool manager at any pool you use to ensure that the pool does in fact meet the new safety requirement.

Every voice is important in saving future lives and ensuring that tragic situations are prevented. Your voice counts. Help me be a voice for the voiceless and lets get blogging.

Originally posted at InjuryBoard by Jesse Guerra

Child Saved at Port Royal Ocean Resort in Port Aransas, Texas

Jesse Guerra — Fri, 15 Aug 2008 17:33:48 GMT

A four year-old child had a near drowning experience at Port Royal on August 14, 2008.

According to the Caller Times, the local news paper, the child was pulled out unconscious from the pool. Currently, the child remains in the intensive care unit.

This marks another dark chapter at Port Royal Ocean Resort where several near drowning events have taken place in the last two years. Our law firm has two cases in current litigation against the result for alleged negligence that resulted in two fatalities.

The resort proudly boasts on their website the large pool facility and water slides that are present at the resort. However, according to Port Royal officials, you are swimming at your own risk because no lifeguard signs are posted.

When did the price of admission stop including safety? When will this place get the message that Life Guards can make a difference if trained properly and if they are alert. We are not talking about drownings in the Gulf of Mexico, we are talking about a pool that has regulations, standards, and is the main attraction to the resort. This is a place where parents bring their kids for holiday weekends and spring break. It host hundreds of kids at one time. This place needs life guards.

Port Royal has had two fatal drownings in the last two years. The resort has also had near drownings in the last two years and this place has received plenty of notice with each incident.

What will it take to get these peoples' attention to POOL SAFETY?

The writing is on the wall--You NEED LIFE GUARDS ASAP!!!!!!

Originally posted at InjuryBoard by Jesse Guerra

Emilio Morales, a 3 year old toddler, drowns in Houston Apartment Pool

Jesse Guerra / Texas Safety Lawyer — Thu, 26 Jun 2008 19:26:15 GMT

According to a story in the Houston Chronicle, Emilio was swimming in the apartment complex of Rolido Parkway. Details remain sketchy at the moment. It is believed he slipped out of a floatation device and was found on the bottom of the pool soon after.
Words of caution; Always check the flotation devices to see if they are adequate for the size of your child and age range. Also, it is not apparent whether or not the water clarity was at issue in the delay of finding little Emilio after he slipped through the device.
Remember, a pool is only safe to swim in if you can clearly see the drain at the bottom of the pool in the deepest end of the pool.
Water clarity is the number one safety rule for class C commercial pools such as the one mentioned in the article.

Originally posted at InjuryBoard by Jesse Guerra / Texas Safety Lawyer