Utah Law Talk

An 8-year-old boy was hit by a car on Tuesday, December 16, 2009 in Draper, Utah while walking in the crosswalk. This Utah pedestrian happened near 12400 South and 950 East. United Fire Authority Captain Clint Smith does not know if the boy had entered the crosswalk before he was hit. The impact sent the boy flying 40 feet.

According to the KSL news, there was no crosswalk signal in the area where the boy was hit. He was flown to Primary Children’s Medical Center where he is listed in critical condition.

I extend my best wishes for a speedy recovery to this boy and his parents.

Despite the lack of a crosswalk signal, vehicles are still obligated to watch for and yield to pedestrians crossing in a crosswalk. I recently have been seeing those green pylons popping up in school crosswalks in the area that say: State Law: Yield to Peds Within Crosswalk. This is a correct statement of law. One which some motorists still have a hard time following. The family of this boy may therefore wish to consult with a Utah pedestrian attorney to find out what remedies they have following this unfortunate pedestrian accident.

I launched a new Twitter page and I post frequently. Follow me at: http://twitter.com/Kramerlawgroup. I post about cases I’m working on and interesting news articles.

Two Utah residents, Jason McDonald of Cedar City and 12 year-old Adaline Moore of Peoria, Arizona, were killed instantly when their car rolled on State Road 144 in Washington County on June 28, 2009. According to KSL News, their car rolled in New Harmony, Utah, which is about 40 miles north of St. George, Utah. According to reports, Jason McDonald was driving at a high rate of speed when a tire on the car he was driving separated, causing McDonald to lose control of his vehicle. The car then went off the road, rolling twice and then flipping end-over-end when the car hit a dirt embankment. It landed nose-down and by reports, had broken into several pieces.

Others in the car who survived the crash are a 7-year old girl, who was flown by helicopter to Primary Children’s Medical Center, an 18-year old male who was flown to Intermountain Medical Center. Both of these persons are said to be in critical condition. Two other girls, one age 14 and another 18, were transported by ambulance in serious condition to a hospital in Cedar City.

My deepest condolences to the families of those who passed away in this tragic single-car accident. I wish them the best as they attempt to recover from this shocking event.

Unfortunately, tire separations are an all-too-common cause of drivers losing control of their vehicles and crashing. In this case, Jason McDonald was driving a 2003 Ford F-250 pickup truck at the time the right read tire “separated.” Tire separations can occur for a number of reasons but are usually caused by bonding problems in the manufacturing process, contaminants in the tire, air trapped between the layers of the tire, lack of grip, tackiness or under vulcanization of the tire components. These problems, obviously, are not the fault of the motorist, but of the tire manufacturer. I would recommend that the family consult with a lawyer experienced in handling thread separation cases

New federal regulations requiring all public pools and hot tubs to have safety measures that prevent kids from being entrapped in the pool drain mean safer public pools throughout Utah. KSL news is reporting that although many pools have made the necessary adjustments to comply with this federal mandate, many Utah pools are still not in compliance.

Drains in older public pools have tremendous suction that presents a great danger for children. To demonstrate the suction force, an NBC news team put a toy on top of a drain and showed that three men could not pull it off. All a kid has to do is lay across this and he’s sucked down, held down and possibly drowns,” said Rolf Larsen, a water quality supervisor.

Video Courtesy of KSL.com

In a recent check, about 90% of Washington County public pools were in compliance with the new regulation. Weber-County sits at a 85% compliance level and Utah County and Salt Lake County were lowest at 70% and 50% respectively.

Health officials say that because the mandate is nationwide there has been great demand for the parts to retrofit older drains. They believe as more parts become available more and more pools will meet the federal standard.

Of course parents should always be vigilant of their children when at a pool, but parents should also know what to look for. A single drain that lies flush with the bottom of the pool could pose a problem to children. The new, safer drains, sits above the bottom of the pool and are designed to prevent strong suction.

Many Utah residents will be enjoying the rest of their summer days with your children at public pools. This new regulation should help make our Utah pools safer but I remind you that nothing compensates for the watchful eye of a parent.

Those who have been involved in pool drain accidents, particularly young children, should know that legally speaking, there very well could be a claim against the entity who owns and/or maintains the swimming pool. It has been well known for many years of the horrific injuries that can come from the incredible suction on these swimming pool drains. And enough time has passed for them to have done something about it. The owners of these pools should have children safety as their number one goal. If they choose to ignore safety because the cost of the retrofit is too great, than they are basically gambling that no child will be injured by the drain. If someone does in fact get injured, then they have basically lost that bet and should be responsible for the outcome.

A 36-year-old disabled woman was hit by a Jeep during the Bountiful Handcart Days Parade on July 23, 2009. According to a police dispatcher, the woman, (a participant in the parade) was walking next to the Jeep when she stopped to pick up a piece of candy she dropped. She stopped to reach down to pick up the candy, and was run over by the Jeep driver who apparently did not see her.

According to KSL news, the woman was transported to a local hospital with arm injuries and a possible broken leg.

Even in parades, those who operate motor vehicles are required under Utah law to look out for others while they are driving. In this situation, the woman who was injured could very well have a claim against the woman who ran her over. I would recommend that she contact a Utah personal injury and accident lawyer for advice on what her rights are in this situation. Best wishes to her for a speedy recovery.

Okay, this post has absolutely nothing to do with any legal issues. It’s just that I wanted to express my exuberance that In N Out Hamburgers, the famous So Cal burger chain, is coming to Draper, Utah, just a few blocks west of my law office.

After I saw the headline announcing their arrival on the front page of today’s Salt Lake Tribune, I decided to scope the place out for myself during lunch. It wasn’t hard to find where they’ll be building. It’s between the Der Weinerschnitzel and Ruby Tuesdays, on the east side of the street. In the Tribune, In N Out representatives said that they picked the location because of the perceived demand for their hamburger products and because it will be easily visible from the freeway. With some of the big signs they have (think Las Vegas) I think they will handily accomplish this. It will, after all, be right there on the frontage road. I just wonder how they’re going to handle the trademark criss-crossing of palm trees thing. The trees seem to be doing okay in Washington, Utah, but here in Draper? Not sure how that’ll work out for them.

And as far as demand? I am completely confident there will be no problem there! I foresee HUGE lines the first day, week, month, that they’re open. I remember when Chadder’s, the In N Out copycat restaurant, opened in American Fork. Demand was very swift — at least at first — because we all wanted to eat something that was perceived as being close in taste and quality to In N Out. While they’re product is good, it sure ain’t In N Out! I think from the customer demand for their food that they got the message that there was a real need (okay, maybe intense desire) for their burger chain here in Northern Utah.

Well In N Out, I know I speak for many Utahns — especially among the transplanted Californian set — when I say that we are very excited that you’re coming. And like all good things, we can only hope that we have the willpower to partake of your delectable burgers, shakes and fries, in moderation! That’ll be the hard part!

Ron Kramer is a personal injury lawyer whose main office is in Draper, Utah, a few blocks from the soon-to-be-build In N Out.

Published by: Ron Kramer

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