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Boller & Vaughan

Main Office
605 W. Main Street
Madison, WI 53703
Phone: 608-268-0268
Fax: 608-268-2682
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Bills Would Further Limit Injured Citizens’ Ability to Sue for Damages

In the wake of Wisconsin’s tort reform bill, additional proposals have been floated to make it more difficult for citizens to file lawsuits to recover financial compensation when they sustain personal injuries.

The recently filed Senate Bill 388, for example, would protect ski resorts from liability should a skier or snowboarder suffer an accident that causes injury or wrongful death. Known as the Skier Safety Act, the bill would require skiers and snowboarders to sign documents releasing resort operators from all liability should they be injured or killed while recreating at state resorts.

The Wisconsin Association for Justice (WAJ) has lobbied against the bill. According to a Jan. 30 article in The Cap City Times, WAJ President Ed Vopal said the bill “shifts responsibility for safety of the ski hill to the skier, rather than the people who own and maintain it.” The bill, Vopal added, “was not written to make ski areas safer.”

Indeed, while some resort accidents are caused by skier or snowboarder carelessness, other incidents may be the result of negligent maintenance or operator errors.

Similar in tone to Senate Bill 388 is Senate Bill 382, which would free school districts and charter schools from liability if an individual who is part of a group that arranged to use school property is hurt or killed. Senate Bill 382 explicitly excuses schools from having to keep school grounds safe for a non-school group’s cleared activity, including recusing schools from having to inspect the facilities prior to use by approved outside groups or warning these groups about potentially unsafe conditions.

If you suffered an injury that you believe was caused by the negligence of another, please contact the Madison, Wisconsin, personal injury attorneys at Boller & Vaughn LLC for your free case evaluation.

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Family Heritage Care & Rehabilitation

Recently, at Boller & Vaughan, we have received several calls regarding Family Heritage Care & Rehabilitation, located in Black River Falls, Wisconsin.  Family Heritage Care & Rehabilitation is a skilled nursing facility, or a 50 bed, Medicare-certified nursing home.  Family Heritage Care has been sanctioned by the State of Wisconsin for the poor care and harming of many of its residents.  Specifically, the Department of Health Services found major violations which harmed residents.  They were actual harm citations for falls, and the facility was also cited for Immediate Jeopardy situations for failing to provide adequate care, and failing to avoid preventable pressure ulcers.  Some of the other significant problems identified by the State of Wisconsin include: not accurately delivering medications to residents, failure to make comprehensive assessments of residents, failing to prevent serious accidents/injuries and failing to meet adequate standards.

In our experience at Boller & Vaughan, most of these citations directly relate to staffing or supervision, which is controlled by the management and owners of the facility.  While we continue to investigate claims stemming from Family Heritage, if you or a loved one has been harmed, injured or are aware of the problems surrounding the problems at Family Heritage Care & Rehabilitation, please contact us immediately.

The Department of Health Services’ Statement of Deficiencies is nearly 215 pages long and was issued on November 2, 2011.  This Statement of Deficiencies and report can be requested from the Department of Health Services by clicking here.  Perhaps most alarming, Family Heritage Care has recently been cited again on January 4, 2012, for failing to prevent accidents or incidents to their residents.  These citations are in violation of Wisconsin and federal law, actually harmed residents, again.  At Boller & Vaughan, we strive to make sure families of injured nursing home residents understand the law, their rights, and holding those accountable for harm to residents.  If we can be of help, please contact us.

 

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Rear-End Car Accidents

Rear-end car accidents account for over 30% of all car accidents, according to the National Highway Traffic Safety Administration (NHTSA). Many of these accidents are low-speed collisions, but even a seemingly minor crash can cause disabling injuries that require long-term medical treatment.

Whiplash is a common consequence of rear-end collisions. When your head jerks forward or backward during impact, you can suffer from a concussion or even a slipped disc in your neck or back. These injuries are not only costly on their own, they can also make you more vulnerable to future injuries.

Because rear-end accidents are commonly perceived as minor car accidents, many victims encounter problems with insurance companies who refuse to pay a fair amount of damages for their injuries. Insurance adjusters often use the amount damage to your car as a gauge of how severe your injuries are, despite the fact that these two factors are not significantly related.

If you have been seriously injured in a rear-end car accident, our experienced Wisconsin car accident lawyers at Boller & Vaughan, LLC can help you pursue the compensation you need to make a full recovery.

Contact us today for a free case evaluation. It won’t cost you anything to see if we can help.

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