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A Two Wheeled Risk of Harm in Dallas

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In 2018 at the onset of electric scooters in Dallas, this new transportation option was advertised as a boon for commuters and residents alike with little if no mention of safety concerns.

Fast-forward to today and the trendy vehicles are becoming a safety risk and potential source for personal injuries.  According to city officials, scooter companies have not been disabling them late at night when their use is banned.  That has led to a recent explosion of complaints about groups of people joyriding late at night and menacing downtown business owners and residents alike.  Another problem with the scooter companies’ negligence – joy riders discarding scooters in piles on the pavement.

Since COVID-19 has closed many downtown businesses, city officials said that before the pandemic, scooters were used mostly for commuting but that peak use now is between 8 p.m. and midnight — mostly for entertainment purposes.

It is these safety concerns and the possibility of bodily harm to the joy riders and others alike that the city’s transportation department decided to halt the scooter program temporarily so it can work on tightening the rules.  As of right now, scooter operators must remove the approximately 5,000 vehicles that are currently out on the Dallas streets.

The city’s ordinance, tweaked in March of this year, allows scooters to operate until 9 p.m. in Deep Ellum and until midnight everywhere else.  Other regulations include a 20 mph speed limit.  The council lifted a ban on motorized scooters in June 2018 to encourage alternative transportation.

Police report that criminals sometimes use the scooters after hours as a quick getaway, while large groups of young people are motoring around the city to get better views of illegal street races late at night.

Reports have detailed the misuse of scooters.  They are no longer being used mostly for transportation to the bus station or a bar as intended – but rather have become a form of entertainment.  From a public safety standpoint, they have become a problem.”

Unfortunately, the scooters come with a risk of injury and have also been used in connection with crimes such as purse snatchings.  Personal injuries resulting from the scooters and public safety concerns with their misuse are the main reasons the city council has paused their availability.  A Parkland Memorial Hospital spokeswoman said 68 people were treated in the ER over the past year for scooter injuries.

The city council hopes that their temporary ban gives the city a “second chance” to do a better job of regulating scooters.  Five companies have permits to operate scooters in Dallas: Lime, Wheels, Gotcha, Bird and OjO.  The city told the scooter companies about the late-night violations and they vowed to fix it – however that did not happen.

In some cases, up to 40 scooters have been discarded in streets and on sidewalks.  A similar situation doomed the city’s bike-share program, which preceded the scooters but fizzled out in 2018. At the program’s peak, as many as 20,000 bicycles once rolled through the city.

City officials will meet with the scooter vendors and community leaders and come up with recommendations to make the scooters as safe as possible to all, he said. That includes adding corrals where people can leave the scooters.

Dallas Electric Scooter Rentals May Lead to Injuries

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Dallas electric scooter rentals have been very popular, with nearly 4-million rental rides tallied since they first debuted in June, 2018. Until the time of COVID-19 and the eventual quarantine, an ever-increasing number of electric rental scooters were seen zipping around Dallas. As public health precautions began in earnest, two of the scooter companies, Ojo and Lime, temporarily removed their dock-less vehicles. That possibly left fewer than half of the 13,000 scooters deployed before the coronavirus pandemic shut down Dallas.

In addition to the reduction due to the quarantine, numbers dropped further because of people staying at home and social distancing. Along with the factors noted above explaining the drop of electric scooter rentals, are the stricter guidelines, newly passed, limiting the use of the scooters.

Even with the new limitations, reports about serious accidents that can occur with these scooters – truly motorized vehicles – still present safety and legal issues.

Stricter regulations with Dallas electric scooter rentals

New stricter regulations that deal with these rentals now include a 20 mph speed limit, a ban on rides after midnight – even 9 p.m. for some areas – and fines for companies if they leave a vehicle parked incorrectly. These new rules also ban riding scooters on sidewalks and impose a $200 fine on riders who don’t follow the rules.

Even with the recent limitations on the use of scooters, there are still issues with their speed and the resulting injuries.

Hospital reports of injuries seen due to motorized scooters

The Emergency Department at Baylor University Medical Center in Dallas has tracked scooter mishaps and found 57-percent of injuries happened after 7 p.m.  For those who showed up at the ER, 58-percent had broken bones, 43-percent had facial injuries, and 35-percent suffered brain injuries. In total, Baylor recorded 322 emergency room visits from July 2018 through September 2019 – 55 of those visits required hospitalization, including 14 ICU patients and one reported death.

Dallas is not unique in in this matter. Around the nation, ER doctors have pointed out an increase in the number of serious accidents that accompany the rise in use of motorized scooters.  These statistics are probably low as it should be remembered that not everyone who gets in an accident involving an electric scooter is going to go to the ER or call 911. 

Causes of electric scooter accidents

In some scooter accidents, the scooter operator is inexperienced and simply loses control and crashes. In this type of accident, there generally is no possibility of a personal injury claim since the operator was at fault. Though, in some circumstances, it is possible that a lawsuit could be brought if it can be shown that the manufacturer, or company that rented the scooter, did not provide sufficient warnings and/or instructions about how to use the scooter safely.

Other accidents with electric scooters may involve automobiles. If a car driver does not yield to a scooter rider in a crosswalk, the rider could be entitled to serious compensation for injuries sustained. In most of these automobile-scooter crashes, the scooter rider suffers serious injuries, such as broken bones, head trauma, and internal injuries.  When this type of collision occurs, the rider could be entitled to compensation for medical bills, pain and suffering, and lost wages.

Will electric scooters survive COVID-19 and stricter rules?

It remains uncertain whether the electric scooter rental market will survive COVID-19 and the new stricter regulations at all, much less at the level it had attained.

Regardless of their future, the scooters can present significant safety and legal issues that cannot be understated.  

Asbestos Stopped the Clock

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Asbestos in LSU clock tower
LSU Clock Tower

After almost a hundred years of service, the Louisiana State University (LSU) Memorial Tower in Baton Rouge was ready for restoration, but asbestos stopped the clock tower project when the potentially deadly mineral was found in the interior.

History

The tower was built in the early 1920s in memory of 1,447 Louisiana soldiers who died in World War I. The interior of the tower houses a military museum.

The Memorial Tower clock holds a special place in the heart of students and the community for its chimes. The bells ring every quarter hour until 10 pm and at noon they ring the tune of the university’s alma mater song. On Valentine’s Day, tradition states that receiving a kiss under the tower at the ringing of the chimes at midnight – the only night they ring past 10 pm – confirms a student is now an “official” LSU student.

The 175’ tall building was designed in the Italian Renaissance style and is a landmark in the city.

From its history, it is evident the tower is an important part of Louisiana’s past – from its construction in 1923, to today, and into the future. The restoration will ensure the building and its traditions carry on for future generations of students.

The restoration

Finding asbestos was not completely unexpected, as many buildings in the United States were built using the mineral from the 1920s until the late 1970s. Until renovations began, the asbestos was undisturbed and therefore not a danger. But once substances containing asbestos are handled, fibers can become airborne and inhaled by workers or others who are in the affected area.

When found in the tower, work on the interior was stopped and tests are currently underway. Most other buildings on the LSU campus were also constructed during this time period, meaning that as they are restored, they may also need testing and possibly abatement.

Because the asbestos was discovered at the beginning of the restoration, the university states there is no threat to students or faculty members. As a precaution, remodeling or renovations performed on any commercial buildings, schools, or residences during the time period asbestos was commonly used in construction, may require testing on possible asbestos-laden products before initiating a project.

Exposure to asbestos is a known cause of cancers, such as lung cancer and mesothelioma. At this time, mesothelioma remains a fatal disease. Mesothelioma can go undetected for decades – even 50 years – which makes it a silent killer. Early detection is critical.

Asbestos stopped the clock, but it will chime again

Exterior renovations continue and the entire $6.8 million project should be completed by the 2020 Fall semester. Baton Rouge, especially LSU students and alumni, look forward to enjoying their celebrated clock tower once again.

Photo by: Kkmurray – Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=2666826

 

Concerns Over Asbestos Abatement Continue at Lafayette Academy

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We recently posted a blog about substandard asbestos abatement work at the Lafayette Academy Charter School and, at a meeting with school officials and representatives from the Recovery School District (RSD) and the Louisiana Department of Environmental Quality (LDEQ) on July 27th, it was evident that parents’ concerns over asbestos abatement continue due to the possible exposure to their children.

The first abatement was conducted from March through the summer of 2017. The LDEQ inspected the work and found many faults, including children walking the halls around the work area and “sticking their heads in” to see what was happening behind the improperly installed plastic sheeting. This work was supposed to be started in May after school was dismissed for the summer.

The second abatement began in May of this year. Again, LDEQ inspectors found issues with the removal process, including workers walking about the campus wearing the clothes and shoes they wore in contamination areas, thus spreading fibers wherever they walked. The plastic sheeting material was found with holes allowing asbestos to spread.

Concerns over asbestos abatement continue

The Choice Foundation, overseer of the academy, was informed on July 16th by the RSD that the abatement did not follow protocol once again. At that time, the school was closed until it is proven safe for students and faculty.

Meanwhile, school officials, as well as representatives from LDEQ and RSD, continue to claim there was no risk to children during the abatements of 2017 or 2018. They stress air quality tests were far below any dangerous levels.

Next steps

The current abatement should be completed by mid-August, but students will not return until all buildings, contents, and grounds are declared safe which means they will be located at alternate locations throughout much or all of this coming school year.

Students from pre-K – 4th are expected to attend Paul Dunbar school this coming year.

The 5th – 8th grades are targeted to attend the historic McDonogh 35 building on Kerlerec Street. Parents see this as a possible extension of the problem as the McDonogh building is much older that the original uptown Lafayette Academy building and it also contains asbestos. This building is now also undergoing renovation and abatement to prepare for the new students. Though all areas are monitored each day for any sign of mishandling of asbestos-containing materials, confidence is low among parents. Construction on this building should be complete by August 13.

Parents were told the probability classes would resume in alternate locations by August 27 was “extremely high.”

Brett Powers Leads DuBose Law Firm NOLA Office

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In early 2015, DuBose Law Firm opened an office near the central business district in New Orleans to better serve our Louisiana clients.

Brett-Powers - - Mesothelioma Attorney, New Orleans, Louisiana
Brett Powers

Brett Powers, a native of the Crescent City and an attorney experienced in complex tort litigation, including helping clients diagnosed with mesothelioma, was a natural choice to lead the New Orleans office. “I tried a case with Brett in the past and saw his skill, not only in the courtroom, but how great he is with clients,” says firm founder, Ben DuBose. “When we decided to open a New Orleans office, we knew we wanted Brett to head it up.”

Though a native of New Orleans, Brett also lived and practiced law for many years in Lake Charles. “Practicing in Lake Charles taught me many things but the lesson that stands out the most is how important client interaction is to a law practice. When your clients stop into your office on a daily basis, you have to be available to listen and answer their questions.”

In addition to toxic exposures,  he has years of experience involving product liability, pharmaceutical injuries, environmental cleanup, mass torts, hurricane litigation, and personal injury claims.

Brett received his B.A. from Louisiana State University in 1994 and graduated from the Paul M. Hebert Law Center in 1998 with a Juris Doctorate. With 18 years of trial experience, Brett is a trial attorney who is rated AV Preeminent® (4.5-5.0) by the Martindale-Hubbell® Peer Review Ratings™.

He is a member of the Louisiana State Bar Association, State Bar of Texas, American Bar Association, New Orleans Bar Association, Southwest Louisiana Bar Association, American Association for Justice, Louisiana Association for Justice, and Phi Delta Phi.

With our office in Louisiana, and with Brett’s help, we are positioned to make a difference in the lives of those Louisianans victimized by the conduct of others.

DuBose Law Firm, PLLC

Principal Office:
4310 N. Central Expressway
Dallas, Texas 75206
Phone: 214.389.8199

New Orleans Office:
829 Baronne
New Orleans, Louisiana 70113
Phone: 504.581.9322

Sponsored by Attorney Brett M. Powers, licensed in TX & LA