Author: Steve Terry

What is Dram Shop Liability?

It is a well known fact that an intoxicated person who causes harm to another individual can be sued and held responsible for that individual’s injuries. However, many states in the U.S. also have “dram shop liability” laws that hold bars, restaurants, etc. legally responsible for providing alcohol to either a minor or a visibly intoxicated person if this person then brings harm to someone else or to him / herself.

Dram Shop for Minors

All 50 states in the U.S. currently have laws that state that it is illegal for any establishment to sell alcohol to a minor. However, a number of states also have dram shop liability laws that state that any establishment that provides alcohol to a minor is not only legally responsible for that act in itself, but can also be held responsible if the minor injures him / herself or someone else.

So, if any 18 year old living in one of these states was provided with alcohol from a bar and subsequently crashed their car on the drive home, they could sue the bar that provided the alcohol and claim damages for the accident.

Dram Shop for Adults

Not only do dram shop liability laws apply to the underage, but many states have laws that govern the distribution of alcohol to the “habitually drunk” or the “visibly drunk”. Under these laws, if a bar provides additional alcohol to someone who is either habitually drunk or very clearly drunk to any reasonable person, the bar can be held legally responsible for any accidents caused by these individuals when they leave the bar.

Contact a Minnesota Personal Injury Lawyer

If you or someone you know has been involved in an alcohol-related accident, contact the Minnesota Drunk Driving Lawyers of TSR Injury Law today at (612) TSR-TIME to discuss your specific situation with a legal professional or submit our contact form.

A compression fracture may be debilitating, with lifelong implications. You need experienced, aggressive legal representation in order to receive the best settlement possible. We can help.

Our personal injury lawyers in Minneapolis will answer your questions, handle the medical and insurance issues, take care of all of the paperwork, and file your claim. Call (612) TSR-TIME or submit our contact form.

Compression Fracture Symptoms

The spine is comprised of 24 vertebrae. The main section of each vertebra is a large, round segment called the vertebral body. A compression fracture causes the vertebral body to collapse in height on one side. Severe compression fractures, as can happen in vehicle accidents, can push fragments of bone into the spinal column and impinge upon the spinal cord. The resultant damage can be partial or complete paralysis from the point of fracture and below:

• pain in the neck and back
• sporadic pain in the hips, abdomen, or thighs
• numbness
• tingling
• weakness
• loss of control of bladder or bowels

Treatment of Compression Fractures

Some traumatic compression fractures can heal without surgery. The most common treatments are medication to control the pain, decrease daily activity, and bracing. The brace is molded to conform tightly to the body and supports the back, restricting movement. In addition to preventing the wearer from bending forward, the brace holds the spine in a hyper-extended state. This takes most of the pressure off the vertebral body, allowing it to heal.

Severe fractures may need surgery to stabilize the vertebrae adjacent to the fracture site. As with any surgery, there is a risk of complications — and since you are dealing with the spine and spinal cord, they can be extremely serious. The complications include:

• chronic pain
• partial or total paralysis
• the need for an additional surgery

Compression fractures take a minimum of 3 months to heal completely.

Contact A Reputable Lawyer

The team at TSR Injury Law are skilled, aggressive, and well-known for their ability to litigate difficult medical cases, including compression fractures and burst fractures. Call (612) TSR-TIME or submit our free consultation form.

The tibial plateau is critical to the load-bearing capabilities of the human body. Force is directed from the femoral condyles directly onto the tibial plateau, causing a fracture. Fractures of the plateau affect the alignment of the knee, stability, and range of motion (ROM). Most tibial plateau fractures occur in motor vehicle accidents or pedestrian accidents.

Types of Tibial Plateau Fractures

There are different classification systems that are widely accepted. In each of these systems, there are 6 types of fractures based on the fracture pattern and fragment anatomy. They are:

• I. Wedge Fracture – high energy fracture seen mostly in younger patients, the wedge is not depressed (below the normal level)
• II. Split Compression – very common in elderly with osteoporosis, the wedge is displaced and may be depressed
• III. Local Compression Fracture of the Lateral Plateau – depression in the articular surface (part of the bone that comes into contact with other bone)
• IV. Medial Plateau Fracture – high velocity fracture with bone fragmentation, in some cases not able to be reconstructed
• V. Bicondylar Fracture – wedge fractures of medial and lateral plateau, in half of these cases there will be peripheral meniscal detachment
• VI. Complex Bicondylar Fracture – high energy trauma with a combination of forces, tibial plateau break completely separated from the long bone (tibia), 1/3 are open fractures and nearly all of these breaks include extensive soft tissue damage

Complications with Tibial Plateau Fractures

With some tibial plateau fractures, there can be injury to the ligaments, peroneal nerve, menisci, or the popliteal artery. Other complications are:

• loss of range of motion (ROM)
• osteoarthritis
• bone fragments
• edema (accumulation of fluid)

Recovery from Tibial Plateau Fractures

Not all tibial plateau fractures require surgery. With or without surgery you will not be able to put weight on the broken leg for 6-12 weeks. During that time you will need to pursue therapy to maintain some muscle strength and to work on ROM. The degree of ROM you will be able to attain is dependent on the type of break, complications, and your commitment to physical therapy.

Tibial Plateau Fracture Attorneys

Our personal injury lawyers in Bloomington have a proven record of exceptional settlements and verdicts. Steve Terry, Chuck Slane, Rich Ruohonen, and Nate Bjerke have been named Super Lawyers many times by Minnesota Law & Politics. They will represent you aggressively and ethically.

Call (612) TSR-TIME or submit our free contact form.

What is BWI?

Most individuals are familiar with the laws regulating alcohol consumption and the operation of cars and other automobiles. However, few people are aware that similar laws exist governing alcohol consumption and boat operation.

Many individuals associate alcohol consumption and boating as a natural part of a fun weekend out on a lake. However, drinking and operating a boat is an extremely dangerous combination and can result in serious punishments.

Dangers of BWI

BWI, or boating while intoxicated (also known as BUI-boating under the influence), greatly increases the likelihood of being in a serious and potentially deadly accident. A 2002 study revealed that 39% of all boating fatalities were alcohol-related, and that this statistic has been rising over the years.

Additionally, a person who is operating a boat while under the influence of alcohol is 10 times more likely to be killed in a boating accident than if he or she were operating the boat sober.

In order to maintain safety for themselves and for everyone else on the water, individuals should never consume alcohol while operating a boat.

Penalties for BWI

Not only is boating while intoxicated extremely dangerous, but it is also a punishable offense. Individuals found guilty of boating while intoxicated can be sentenced with a number of penalties including:

• A felony conviction
• Serious fines
• Jail time
• Revocation of an automobile driver’s license

Exact penalties differ based on jurisdiction and the specifics of the situation. However, no matter what the situation is, boating while intoxicated carries with it stiff penalties.

Contact a Minnesota Boating DUI Lawyer

If you or someone you know has been injured in an alcohol-related boating accident, contact the Minnesota boating accident attorneys of TSR Injury Law today by calling (612) TSR-TIME to schedule a consultation or submit our contact form.

The rotator cuff is the group of four muscles and tendons that surround the shoulder joint, like a cuff, and facilitate the shoulder’s wide range of motion. A rotator cuff injury may be accompanied by pain and swelling. In addition to being painful, an injury to the rotator cuff may interfere with every day tasks, performing your job, and even sleeping.

A rotator cuff may be injured from extending your arm for bracing in a slip and fall accident or from bracing your hands on the steering wheel in a car accident or truck accident. In bracing, the shoulder sustains the force of impact; often resulting in an acute tear in the rotator cuff. The rotator cuff can also be damaged in side-impact motor vehicle accidents.

An MRI is the most common method of determining a rotator cuff injury. It can also provide more information on the shoulder, including the condition of the capsule, glenoid labrum muscles (shoulder socket muscles), and bone; but small tears may be missed. Small tears can be seen and measured with an ultrasound. Ultrasound is also a less expensive diagnostic tool and as more clinicians gain experience, results are becoming more reliable.

There are three classifications of rotator cuff tears:

• Partial thickness rotator cuff tears — appearance of frayed tissue
• Full thickness rotator cuff tears — there is a definite hole visible, but the tendon is still attached to the humeral head
• Full thickness rotator cuff tear with complete detachment from the humeral head — this usually results in significant impairment to shoulder movement

Treatment for Rotator Cuff Injury

There are basically two broad treatment options for a rotator cuff injury: surgical and non-surgical. In most traumatic injuries to the rotator cuff, a full thickness tear is sustained which requires surgery.

Surgery usually involves:

• debridement or cleaning the injury and removing loose fragments of tendon, bursa, and other debris to allow smooth movement
• expanding the space for the rotator cuff tendon so it is not pinched or irritated, this may include shaving bone or removing bone spurs
• stitching the torn edges of the tendon together and attaching to the top of the humerus

• open repair of the rotator cuff which requires a 2-3 inch incision on the top of the shoulder allowing the surgeon to view the shoulder and injury directly
• mini-open repair where the surgeon can reach the injury by splitting the deltoid muscle, an arthroscope is also employed in this method
• arthroscopic repair requiring three small slits

Recovering From a Rotator Cuff Injury

During the first three months, it is vital to follow the doctor’s orders pertaining to shoulder usage, weight lifting limits, and physical therapy. Range of motion exercises are usually started a week after surgery. Depending on the severity of the injury, significant improvements start at about 3 months and progress can continue for 12 months after surgery.

Minnesota Rotator Cuff Compensation Claims

If you have sustained a rotator cuff injury in an accident due to the negligence of another, you may be able to receive compensation for your medical expenses, lost wages, and pain and suffering. Our personal injury attorneys in Minneapolis are skilled litigators who will represent you fairly and ethically. Call (612) TSR-TIME or submit our free contact form. There are no upfront fees if wa accept your case and your initial consultation is free.

In the aftermath of the accident, you need peace of mind that your family will be taken care of and your bills covered by insurance. Call TSR Injury Law. We care about your pain and your recovery. We will handle all of the paperwork and file your claim.

TSR Injury Law has extensive experience with burst fracture lawsuits. Our skilled, aggressive Minnesota Personal Injury Attorneys have successfully litigated many difficult medical cases. Call (612) TSR-TIME or submit our free consultation form.

Burst Fractures

A burst fracture is a spinal injury in which the vertebral body is severely compressed, sometimes to the point of shattering into surrounding tissue and the spinal canal. These fractures occur from extreme trauma, as in a car accident, truck accident, or motorcycle accident.

In a burst fracture, the edges (margin) of the vertebral body are fragmented and spread out in all directions. When the entire margin of the vertebral body is crushed, the spine loses its stability. The bony fragments can bruise the spinal cord causing loss of strength, sensation, and reflexes below the level of the injury. Burst fractures are categorized by:

• the severity of the deformity
• to what degree the fragments have invaded the spinal canal
• the degree of vertebral height loss
• the extent of neurologic injury

At the scene of the accident, if the victim complains of severe back pain they should not be put into a sitting position. If they stand or walk with a burst fracture, they may increase their neurologic injury.

To diagnose a burst fracture x-rays, CAT scan, and possibly an MRI will be needed to determine:

• the level of the fracture
• the type of fracture (compression, burst, or fracture dislocation)
• the amount of spinal canal compromise
• spinal angulation
• the amount of soft tissue trauma
• bleeding
• ligament damage

Stable Burst Fracture

A stable burst fracture has little to no neurologic injury and the posterior column is uninjured and remains functional and can be treated without surgery. Treatment with a brace can be very effective. The brace is worn for 8-12 weeks to ensure adequate healing. Physical therapy will be prescribed once the brace is removed.

Unstable Burst Fracture

A burst fracture is ruled unstable if there is:

• neurologic injury
• angulation of the spine is greater than 20 degrees
• there is dislocation of the spine
• loss of more than 50% of anterior vertebral body height
• there is greater than 30% spinal canal compromise

Unstable burst fractures do better with early surgery. A reduction maneuver may be performed to straighten the spine. Another treatment option is spinal fusion, with bone graft, to help injured vertebrae heal. Fragments pressing on the spinal canal, may be moved into a better position by a spinal laminectomy.

After any stabilizing surgery, some type of bracing is required for 8-10 weeks. Once the bracing is removed, physical therapy will be necessary to strengthen the trunk and lower extremities.

Minneapolis Spinal Injury Attorney

The degree of recovery depends on the timing of the treatment, the degree of spinal cord compromise, and the stability of the spine. You need legal representation to access all of the insurance available. Call (612) TSR-TIME or submit our free contact form. Our Minneapolis spinal injury lawyers will review your case, handle the doctor and insurance issues, do all of the paperwork, and file your claim.

A popular Ramsey County Sheriff’s reserve officer died Sunday morning after being hit near a D.A.R.E. fundraising event in Maplewood, Saturday night at about 8:30.

Michael Wilken, 56, was directing traffic for Fright Farm at the intersection of Frost and White Bear Avenue when he was struck by a car heading north on White Bear Avenue. He suffered many critical injuries, including head injuries, and was taken to Regions Hospital.

Reserve Deputy Wilken had been with the Ramsey County Sheriff’s Office for 10 years, volunteering at hundreds of community events. He loved working the Fright Farm event.

Maplewood Police and the Minnesota State Patrol are investigating the accident. The driver was questioned by officers. There was no indication that drugs or alcohol played a role in the accident.

Trusted Lawyers Here To Help

One of the most common injuries sustained in a pedestrian – car accident is a traumatic brain injury. It is also one of the most critical. A pedestrian is defenseless against a motor vehicle.

When a wrongful death occurs as a result of the car accident, the victim’s family may have a claim to compensation under Minnesota wrongful death laws for medical expenses, funeral expenses, loss of companionship, loss of advice, and loss of potential earnings.

For more information, call one a Bloomington personal injury lawyer at (612) TSR-TIME or submit our free consultation form. Steve Terry, Chuck Slane, Rich Ruohonen, and Nate Bjerke have years of experience and are consistently named Minnesota Super Lawyers.

Amusement parks, such as the larger and more popular ones including Disney World, Six Flags and Knots Berry Farm, as well as the smaller carnivals and fairs operating across Minnesota, can result in several extremely dangerous and catastrophic injuries. The sheer magnitude of a fall due to a mechanical error or operator error can result in life-threatening consequences, including brain and spinal injuries, broken bones, and even death. In fact, thousands of people are injured every year due to amusement park injuries that should have been avoided.

Common Causes of Accidents at Theme Parks

At TSR Injury Law Firm, we will investigate your case to determine why this has happened and what can be done. In most instances, you will be looking into a liability lawsuit and insurance claim due to one of the following factors:

• Mechanical failure and defects
• Operator error or improper training of the operator
• Defects in the design process
• Failure to post proper warnings about a ride
• Inadequate inspection and maintenance
• Loose cables, rusted belts, sharp objects, and/or improper belting
• Lack of safety harness and other features
• Lack of, or improper, maintenance procedures
• Abrupt starts and stops

Children and Amusement Park Accidents

Unfortunately, children are often the ones who are victims of amusement park injuries. In fact, 51 percent of all theme park-related accidents happen to children. Seventeen percent of these injuries happen to those between the ages of 10 and 14 — the time when amusement parks are considered one of the greatest things on earth. Children want to ride on the roller coasters, to spin on the spider, and to fly on the pirate ship because they are fun and bring a sense of adventure and thrill. However, they do not expect to have to risk their life every time they buckle up. This is not something any parent or child can prepare for, and should not have to.

It is the legal responsibility of the theme park organization, its staff, and its servicing team to perform regular inspections and maintenance on all machines and rides. If there is ever any type of problem, they must shut it down, even if this means losing out on money. At TSR Injury Law Firm, we are a leading name in Minnesota personal injury lawyers and lawsuits. We can help you understand your rights and, if you choose, we can help you file a product liability lawsuit against the company responsible for your or your loved one’s accident.

Minneapolis Theme Park Accident Lawyer

Our Minnesota injury lawyers want to help you. We can ensure you receive a fair compensation package to pay for the damage done. Compensation can help pay for medical costs, rehabilitation and recovery costs, and a loss of income if you are unable to work or need to take time off to care for your loved one. Don’t let your day at the amusement park turn into a nightmare. Let us help you see the road to recovery clearer and help you move past this event with adequate care. Contact the offices of TSR Injury Law at (612) TSR-TIME today or submit our free contact form.