To get a sense of the extent of these safety measures, check out the amount of netting in this video of the women’s World Cup Super-G race in Are, Sweden.In the sport of Ski Cross, not only are competitors required to fly down a course over jumps much larger than those found in downhill racing, but four racers embark down the course at the same time.  The risk of injury is high, and like any sport, appropriate safety measures to protect the athletes are mandatory. 

Unfortunately, in the relatively new sport of Ski Cross, it appears the safety precautions are not up to par.

On March 10, 2012, Nik Zoricic lost his life in a World Cup Ski Cross race in Grindelwald, Switzerland while attempting to land the final jump.  The jump directed Nik wide of the finish where he landed only a few feet to the right of the designated finish line.  Instead of finding a clear slope on which to land, he found a fence and a pile of hard packed snow that ultimately cost him his life.

According to Tim Danson, the lawyer hired by Nik’s family, the course was a death trap. He says race organizers were guilty of “stunning negligence” and that the penalty for landing beside the finish line should be disqualification, not death.  In this video, Danson shows that if all the conditions of the course had been properly maintained, Nik would still be alive.

Proper maintenance of the course is something one would expect the World Cup to be on top of, especially when the International Ski Federation claimed last year that “athlete safety is the most important thing we must look at.”

The Zoricic family is calling for an independent inquiry into the safety of Ski Cross.  Alpine Canada, the governing board for ski racing in Canada, is also investigating.

For More Information:

• Zoricic family calls for inquiry, lawyer blasts race organizers for negligence, The Globe and Mail
• Alpine Safety Primary Topic At FIS Calendar Meetings, Ski Racing
• Dead Canadian ski racer Nic Zoricic’s family blame ‘death trap’ Swiss course for fatal crash, The Vancouver Sun
• Nik Zoricic’s family says ski cross racer’s death ‘entirely avoidable’, The Star

Related:

• Use Your Head – Wear a Helmet on the Slopes
• When Accident Strikes on the Mountain
• Get Ready for Ski and Snowboard Season!

From family vacations, outings with friends, or just things you find interesting, Facebook is a great place to share your life. It is easy to upload and tag photos from anywhere.

These photos are private, right?  Not necessarily. Even the privacy setting won’t always protect you when it comes to the law. Tamara, a recent law school graduate, has been ordered by the British Columbia Supreme Court to disclose her private Facebook photos that might be relevant to her lawsuit.

In November 2008, Tamara was rear-ended by the defendant in the lawsuit. Injuries from her accident include severe headaches along with back and neck pain. She says that her injuries continue to affect her academically, socially, and physically.

But according to The Province, the defendant’s lawyer says photos published on Tamara’s Facebook page tell a different story. He applies to court for a complete copy of Tamara’s Facebook profile, including all photographs and information, such as dates and comments. The court says the plaintiff’s pictures of her involvement in sports or recreational activities since the accident must be disclosed.

But in many cases, Facebook photos do not paint an accurate picture. Why? Because people tend to post “feel good” photos. People don’t usually share photos of bad days when they are suffering from headaches, neck pain, or back pain. 

Public forms of sharing can be exciting, but it can be tricky to tell an accurate story of your life. It is important to realize that these legal situations happen. It is also a good idea to check your privacy settings and make sure you know who has access to your posts. Private doesn’t always mean what you think.

For More Information:

• Court orders law school graduate in ICBC case to disclose private Facebook photos, The Province
• Facebook Newsroom
• Fric v. Gershman
• Many Facebook users unaware of privacy risk, report says, The Province

Related:

• Court Says No to Fishing on Facebook, Twitter
• Protecting Your Privacy in the Age of Social Media

According to a new study by the American Academy of Neurology, one too many blows to the head can affect memory and cognitive abilities. Repetitive hits to the head are what can lead to the degenerative brain disease known as chronic traumatic encephalopathy, or CTE.

Through the course of the study, combat athletes who are part of the Professional Fighters Brain Health Study, were given tests for memory, cognitive skills, blood, and MRI scans every year. Dr. Charles Bernick says the study shows that “there appears to be a threshold at which continued repetitive blows to the brain begin to cause measurable changes in memory and thinking.”

This research helps make sense of why brain damage occurs and how to detect it early. There is also potential for the development of tools to predict when an athlete is at risk so they can retire before developing traumatic encephalopathy in the brain. This research applies to brain damage in all types of sports where there are repetitive blows to the head.

“I never did think I had brain damage,” said Leon Spinks who defeated Muhammad Ali for the heavyweight championship of the world. After boxing, Spinks’ memory loss led him to seek treatment at the Luo Ruvo Brain Research Centre in Las Vegas. “I don’t want the kids to go through what I went through.”

For More Information:

• Breaking Point: When Does Head Trauma in Sports Lead to Memory Loss?, Science Daily
• Study Aims to Prevent Brain Damage in Boxers, Brain Injury Forum
• Study Attempts to Understand Sports Head Trauma, ABC News Video

 Related:

• New ‘High Def’ Brain Imaging Helps Concussion Diagnosis and Recovery
• Groundbreaking Study to Determine Long-Term Concussion Effects
• Routine Play Leads to Long Term Brain Injury

The Vancouver Sun reports that the toddler died when the nanny was preoccupied making dinner and told the children to play outside. An RCMP officer found the child submerged in the pool after the older siblings noticed the boy was missing and called 911.

While pools are a fun activity, Safe Kids Canada says that almost half of all child drownings occur in backyard pools, usually when a supervising adult is distracted for less than five minutes.

Health Canada has some great safety recommendations to help prevent poolside injuries and accidents:

• Children should not be near or in the pool without active adult supervision.
• Taking swimming lessons does not make kids pool-safe.
• Have a first aid kit near the pool, along with approved personal flotation devices in appropriate sizes.
• CPR and pool safety courses are recommended for those who supervise children.
• Have a fence around the pool that can be locked and is inaccessible by children.
• Make sure your pool is built in accordance with all local bylaws.

Help protect your children and teach them to play safe near all open water.

For More Information:

• Drowned North Vancouver toddler was under nanny’s care, The Vancouver Sun
• Pool Safety, Safe Kids Canada
• Health Canada advises Canadians about the importance of swimming pool safety, Health Canada

Related:

• Buckle Up!
• Toy Safety and Your Child

Easterling’s attorney Larry Coben says that for “the last six months I could tell he was not on his game. He kept repeating himself and getting confused.” His wife says Ray “felt like his brain was falling off. He was losing control. He couldn’t remember things from five minutes ago.”  Easterling was 62 years old.

The NFL concussion litigation site reports that Easterling was the lead plaintiff in 66 concussion related lawsuits involving 1600 players. The lawsuits are asking the NFL to pay for and physically examine all retired players. While too late to help Ray Easterling, these examinations may prevent further suicides. Coben will change Ray’s case from personal injury to wrongful death.

For More Information:

• Easterling’s death will impact concussion lawsuit, USA Today
• NFL Concussion Litigation
• Hearing signals start of fight between players, NFL, USA Today
• Ray Easterling, lead plaintiff in NFL concussion lawsuit, commits suicide, Yahoo Sports

Related:

• Former Players Sue NFL for Concealing Concussion Risks
• Concussion Lawsuits Change NFL

Potential cost savings in the US draws a large number of Canadians to their stores. But according to Transport Canada, it’s illegal to import and use child seats that do not comply with Canadian standards. 

Canadian safety regulations for car seats are stricter than other countries. Weight restrictions, levels of strength, flammability, padding thickness, and instructions for seat installation are all important factors in Canadian regulations. And border agents don’t need to tell consumers about Canadian regulations, so be sure you’re aware of them before making any purchases. 

How can you be sure your child is in a Canadian approved car seat? Ensure the car seat has the National Safety Mark, as seen below. This means it is certified and up to Canadian safety standards. If you are caught using an illegal seat, you could be charged and fined under the Child Safety Seat Regulations. 

So while the US may have cheaper products, consider the consequences. It’s not worth the risk to you or your child. 

For More Information:

• Baby on board? Not if car seat bought in U.S., CTV News
• Child Restraint Laws, RCMP
• Child Passenger Safety, BCAA
• Consumer Information Notice – Cross Border Shopping is Not the Best Deal for Your Child’s Safety, Transport Canada

 Related:

• Choosing the Right Car Seat for Your Child
• New Developments in Child Car Seat Safety

The Province reports an Alberta couple, Mr. and Mrs. Gray, allowed their teenage son to host a party where they knew that underage drinking would occur. Two intoxicated teenagers at the party got into a fight a block away from the house. As one of the teenagers left in his car he accidentally or intentionally hit the other teen with his car. The teen’s father sued the Grays claiming they were responsible. In  Desanti v. Gray, the judge said the Grays were not responsible as they were unaware of the argument and fight. 

But there are situations where a social host can be found liable. In the case of Childs v. Desormeaux, the Supreme Court of Canada said that if a host serves alcohol to a guest who is under the influence of alcohol when they know or suspect that their guest will be driving intoxicated after the party, the host could be responsible for any injuries to an innocent victim. 

So if you do have a party, don’t take unnecessary risks. Be attentive to your guests and their behaviours and don’t let them get out of control. And parents, don’t let your underage kids drink. 

For More Information: 

• Alberta parents not responsible for post-party injuries, The Province
• Childs v. Desormeaux, Supreme Court of Canada
• Desanti v. Gray, Court of Appeal of Alberta
• Parents who host, lose the most, Drug Free Action Alliance

But we need to be careful when getting active outside. According to a report by the US Centers for Disease Control, warm weather brings more trauma-related incidents – including more concussions.

So why the sudden increase? Warm weather gets us involved in outdoor activities, which in turn increases the risk of injuries. According to the CDC study, bicycling tops the list of trauma causes, followed by football, playground activities, basketball, and soccer.

Dr. Rick Miller, chief of Trauma and Surgical Critical Care at Vanderbilt University Medical Centre in Nashville, says they “have exceedingly higher admission rates when the temperature rises.” An increase of up to 50%.

April to September is commonly known as “trauma season.” Take advantage and enjoy the warmer weather, but stay safe and take extra care and caution to protect yourself. Make sure you always wear appropriate safety equipment, such as helmets and seatbelts, and always be aware of your surroundings.

For More Information:

• Warm Weather’s ‘Trauma Season’ May Mean More Concussions, Sports Concussions
• Nonfatal Traumatic Brain Injuries Related to Sports and Recreations Activities Among Person Aged ≤19 Years, Centers For Disease Control and Prevention

Related:

• The Importance of a Properly Fitted Bike
• ‘Tis the Season for Motorcycle Safety
• Should Parents be Charged if Kids Aren’t Wearing a Bike Helmet?

“Slater Vecchio LLP has demonstrated a great commitment to UBC Law by establishing this wonderful new award” says Professor Emma Cunliffe, Chair of the Awards Committee at UBC Law. “This award will help to attract the best students and provide them with access to an unrivaled legal education here at UBC Law.”

The Trial Advocacy Entrance Award is an annual award given to a first year JD law student starting in fall 2012. We hope to reward academic excellence, leadership, and community service. We also hope to recognize students with experience advocating for others, an important part of our personal injury practice.

For More Information:

• Slater Vecchio LLP Establishes New Entrance Award, UBC Law

The 30 year study shows that on the April 15^th deadline, Americans face a 6% greater risk of dying in a car accident. Dr. Redelmeier, the lead researcher behind the study, says the data suggests that all types of road collisions increase on the same day. Some of these accidents can result in brain and spinal cord injuries or other kinds of physical trauma and property damage.

In Canada, tax deadline day is April 30^th. Canadians should not feel immune to the increased risk on our roads at the end of the month.

So what is it about tax deadline day that leads to the excess of accidents on our roads?

The simple explanation is stress. Stress can cause driver distraction and human error. Stress is also connected to sleep deprivation and alcohol consumption, both contributing factors to poor road safety.

According to the data, only about 20% of Americans leave their filing to the last minute. This means that non-drivers are also likely to be in a car accident. “The increase in risk on tax day included the passengers and pedestrians, which is a common theme of all of road trauma – bad driving imposes risks on other people,” Redelmeier says.

The increased risk on U.S. tax day translates to about 13 deaths per year.

“None of these people had to die,” says Redelmeier. “Road trauma destroys the lives of thousands of people…and driver error contributes to about 93% of such events.”

With Canada’s April 30^th tax deadline looming, it’s important to remember road safety basics. Wear a seatbelt, obey the speed limit, avoid alcohol consumption, and minimize distractions while behind the wheel.

For More Information:

• Deadly car crashes spike on income tax deadline: study, CTV News
• Road Crash Fatalities on US Income Tax Days, extract, the Journal of the American Medical Association

Related:

• April is Distracted Driving Awareness Month
• Cell Phones: a Fatal Distraction