Storm Shelter Liability in Oklahoma
Spring in Oklahoma means severe weather, and although this storm season has been somewhat quiet, most Oklahomans remain alert to the possibility of tornadoes and damaging hail--especially in light of the devastating storms of the past few years. Oklahoma legislators are attempting to make Oklahoma safer during severe weather by offering incentives for the installation of storm shelters. Earlier this month, Governor Mary Fallin signed into law House Bill 2419 as another measure to attempt to provide Oklahomans with a safe place to ride out dangerous storms. HB 2419 is a storm shelter liability law that attempts to protect property owners from an Oklahoma premises liability lawsuit if they open their homes or businesses to those seeking shelter from severe weather.
Governor Fallin signed the bill after previously vetoing a similar bill. She struck down HB 2296 shortly before this year's fatal tornado in Woodward which killed six people, including three young girls. HB 2296 was intended to protect the owners of mobile home parks from liability in providing shelter during storms. Representative Eric Porter drafted the bill after a woman in his district was turned away from a park office during a storm because of liability concerns. Fallin vetoed the bill saying that although it was well-intentioned, it was poorly written. She said HB 2296 might have allowed for some people to be rewarded for gross negligence, and it singled out mobile home park owners as a special class of citizen.
Proponents of the bill went back to the drawing board and drafted HB 2419, which addressed Fallin's concerns and protected all homeowners and business owners who, in good faith, provide shelter from a storm--not just mobile home park owners. Fallin signed the bill on May 4, 2012, and it took effect immediately.
While the storm shelter liability law serves as a "Good Samaritan" law for those offering shelter in a storm, it does not prohibit lawsuits against those who exhibit "willful or wanton negligence" or "misconduct." For example, business owners who encourage others to take shelter in a place that is structurally unsound may be held liable. The law defines a "safe place" as "any property, dwelling, shelter, or other structure that can be reasonably considered protection from severe weather," a definition that some legislators consider to be too vague.
Oklahoma City premises liability lawyers encourage all people to properly maintain their homes, businesses, and property. When injuries occur due to inadequate maintenance, lack of repair, or failure to address safety concerns, the property owner can and should be held financially liable for the resulting injuries. Oklahoma's tornado shelter liability law protects those acting in good faith, but it does not protect those who allow others to take shelter in a structure that is not considered a "safe place." For more information about property owners' liability in injury accidents, speak with a personal injury lawyer in Oklahoma.
Thunder Announcer Accused of Sex Crimes in Oklahoma
After sweeping the Dallas Mavericks in Round 1, the Oklahoma City Thunder tonight takes on the Los Angeles Lakers in Game 1 of the second round of the NBA playoffs. While most Oklahomans are looking to see how the Thunder responds to the return of Metta World Peace after his suspension for a concussive elbow against James Harden, some fans at the Chesapeake Energy Arena may notice a different voice over the public address system.
Thunder public address announcer James Allan Miller, 41, a Harrah High School teacher and tennis coach, was arrested last week on complaints of lewd or indecent acts with a minor in Oklahoma County. He was released on $30,000 bail the next day. According to Harrah police spokesman Phil Stewart, the Oklahoma Department of Human Services referred the case to Harrah police approximately three weeks ago. A probable cause affidavit filed in Oklahoma County District Court says that Miller is accused of watching pornography and performing lewd acts in the presence of a boy under the age of 16. Allegedly, two females came forward and accused Miller of watching pornography in their presence and eventually committing sexual abuse against them. Harrah police state that Miller is also under investigation in Potontoc County.
Miller is suspended from his duties with the Oklahoma City Thunder. The organization said, "Due to the allegations and criminal case against him and until further notice, Mr. Miller has been removed from his duties as Thunder PA announcer." Harrah Public Schools has placed Miller on administrative leave pending the investigations, but asserts that the investigation does not indicate the involvement of any students.
In a signed affidavit, an interviewer of Mr. Miller says that the incidents were accidental, stating that he had a "problem with internet pornography," and that the minors had occasionally walked in on him while he was watching porn and masturbating.
Being accused of a sex crime in Oklahoma can result in the loss of your job and the destruction of your family. If you or a loved one has been accused of a sex offense, it is important to seek legal representation as soon as possible. Call the experienced Oklahoma City sex crime defense attorneys with Phillips & Bailey when you need help.
Civil Lawsuits for Oklahoma Crime Victims
If you or a loved one has been a victim of a crime, you may be able to find justice through a criminal trial if the defendant is convicted. You may even be able to achieve some restitution from the Oklahoma Crime Victims' Compensation Program, funded by federal and state offenders through fines and penalties. However, in some cases, you may only be able to find the compensation you need and deserve for your injuries by hiring an Oklahoma City personal injury lawyer who can help you bring a civil lawsuit against those responsible for your injuries.
One family in Frederick, Oklahoma, is doing just that after their teenage son was assaulted in a locker room at school. According to the parents bringing the lawsuit, their 15-year-old son was a victim of rape by instrumentation at the hands of three of the boy's basketball teammates. After the assault in December 2010, the three accused teens were charged as juveniles in Tillman County District Court.
For this family, criminal prosecution of the three defendants is not enough. According to the lawsuit, the school district and the parents of the assailants are also liable in the attack on their son. The lawsuit names the Frederick Public Schools, the three attackers, and the parents of the attackers, and is requesting judgment exceeding $75,000 from each of the defendants in the civil suit. The plaintiffs' Oklahoma personal injury attorney is pursuing the case on grounds of assault and battery, parental liability, negligence, federal discrimination, due process violation, and infliction of emotional distress.
Civil lawsuits following criminal acts are often brought against the perpetrator of a crime; for example, an attacker in an assault case or an intoxicated driver in a DUI accident. However, there are other potentially liable parties who may be partially to blame because of their negligence. An establishment that over-serves a drunk patron prior to a serious DUI accident may be held accountable in court. A school district that fails to protect students from dangerous playground equipment, bullies, or other safety hazards may be named in a personal injury lawsuit. An apartment complex or other establishment that has inadequate lighting or security leading to a rape, robbery, or assault may be considered liable for the crime.
If you or someone you love has been injured or killed as a result of a criminal act, you may be able to pursue compensation from not only the criminal defendant, but also from any parties whose negligence contributed to the crime. For more information about civil lawsuits on behalf of crime victims, call the Oklahoma City law firm of Phillips & Bailey to speak with a personal injury lawyer in Oklahoma.
Ex-Juvenile Justice Worker Charged with Embezzlement in Oklahoma
A former juvenile justice specialist with the Office of Juvenile Affairs in Frederick has been charged with four counts of embezzlement in Oklahoma. Patricia J. Hughes, 61, was charged yesterday in Tillman County after she was accused of depositing money orders intended for victim restitution into her personal accounts. Investigators were alerted to the alleged embezzlement after a victim notified the agency that he was not receiving his restitution checks as scheduled.
Court records show that Hughes admitted to an investigator with the Oklahoma Office of Juvenile Affairs that she deposited four restitution money orders in the amount of $1,000 each into her personal bank account. She allegedly told the investigator that she had been having financial difficulty and needed the money to help support her own children.
Patricia Hughes was employed as a juvenile justice specialist with the Frederick agency of the Office of Juvenile Affairs from 2005 until 2011, when she left the agency as part of a voluntary buyout.
Though embezzlement, or misappropriation of funds with which one is entrusted or to which one has access, is sometimes committed out of greed, it is often an action taken by people who find themselves in a desperate financial situation and are looking for a way out. In Ms. Hughes' case, she claimed to be having financial difficulty and struggling to support her children. In other cases, overwhelming debt, fear of foreclosure, divorce, or addiction may create financial burdens that leave otherwise law abiding citizens scrambling for a solution. Though these situations do not justify theft, many people use embezzlement to quickly solve a stressful financial problem. Often, perpetrators of embezzlement have every intention of paying back the funds they appropriated to their own use; unfortunately for them, they are often caught before they are able to do so.
If you have been accused of embezzlement or fraud, or if you suspect that you are being investigated for potential involvement in an embezzlement scheme, it is important to consult an experienced Oklahoma white collar crime lawyer as quickly as possible. Whether you have, in fact, embezzled money, or whether you were acting under a supervisor's orders and were unaware that the activity was illegal, a skilled attorney can closely evaluate your case to determine the optimal defense strategy. By taking a proactive approach, you may be able to mitigate some of the penalties associated with an embezzlement conviction; if you are innocent of the charges, an embezzlement lawyer in Oklahoma can aggressively pursue a dismissal of the charges or an acquittal at trial.
Oklahoma Workers Compensation Lawyers
Though some workplace accidents and injuries may be eligible for personal injury litigation, as in cases where an employer demonstrates negligence and wrongdoing, most workplace injuries are covered by Oklahoma Workers Compensation law. Workers Compensation is designed to offer protection to injured workers by giving them the benefits they need following an injury, but it is also designed to protect employers from lawsuits. Because of this attempt to balance the needs of the employee against the rights of the employer, Workers Compensation claims are often settled for less than the injured worker needs and deserves. Anyone who has been injured in an accident at work would be wise to consult an Oklahoma Workers Compensation lawyer or Oklahoma personal injury lawyer to determine the best course of action for obtaining benefits and financial recovery following a job site accident.
Some occupations are inherently more dangerous than others. For example, construction site accidents and oil field accidents can cause catastrophic injury or wrongful death. In these occupations, strict safety standards must be enforced for the protection of workers. However, an accident can happen at any job. A slip and fall injury, back injury, or heart attack may be a workplace injury covered by Workers Compensation in Oklahoma. If an employer tries to avoid providing Workers Compensation benefits for an eligible injury, or if the employer attempts to seek retaliation against an employee who files for Workers Compensation benefits, an Oklahoma Workers Compensation attorney can be a valuable ally in helping the injured employee and his or her family obtain the protection and benefits they are guaranteed under Oklahoma law.
Though many workplace injuries are covered by Workers Compensation law, which protects employers against lawsuits once benefits have been granted, a negligent employer is not protected from personal injury litigation. If an employer fails to protect its employees by following safety protocols or providing a safe working environment, then you may be able to seek compensation through a personal injury lawsuit. If you have been injured at work, it is important to consult an Oklahoma personal injury lawyer who is also an experienced Workers Compensation attorney. A well-qualified attorney can help you determine whether you are eligible for benefits under Oklahoma Workers Compensation law or whether you may have a valid personal injury or wrongful death claim against a negligent employer. Your lawyer can then provide the effective legal representation you need to get the maximum benefit or compensation possible.
Former Oklahoma Teacher Charged with Sex Crimes Surrenders
It seems that headlines continually spotlight teachers accused of sex crimes against students. Though teachers are no more or less likely to commit lewd acts with minors than any other person, the nature of their profession seems to make these arrests particularly newsworthy. Furthermore, because Oklahoma law stipulates that sex between a student and employee of the same district is illegal, certain acts which would otherwise be considered consensual sex are illegal for teachers and other professionals in Oklahoma. Oklahoma statutory rape laws set the age of consent at 16; however, teachers, law enforcement agents, and others who are in a custodial or supervisory position are legally prevented from engaging in sexual activity with those under their custody or supervision. However, with the number of teachers accused of sex crimes revealed in the local media, it seems that Oklahoma sex crime defense attorneys would have no shortage of clients needing skillful representation.
Early this week, a former teacher in Clayton, Oklahoma, surrendered to authorities after she was accused of having a sexual relationship with a 15-year-old student. Rhonda Ford, 29, resigned her position as English teacher at Clayton High School in Pushmataha County after rumors began circulating that she and a student were sexually involved. In March, the Oklahoma State Bureau of Investigations (OSBI) began investigating the claims, and Ford resigned the following week.
According to police, the alleged victim told authorities that he began a sexual relationship with the teacher shortly after Valentine's Day, and that the two had sex on at least ten occasions in February and March. To confirm his allegations, he told police he could identify a tattoo that Ford has below the panty line.
A warrant was issued for Ford's arrest last week. She surrendered on Sunday to face criminal charges including one count of lewd or indecent acts with a minor under 16, four counts of second degree rape, four counts of sodomy, and three counts of providing alcohol to minors. Three students told police that Ford had asked them to help her move and, as payment, she provided them with beer and liquor.
Ford was employed by Clayton Public Schools for less than one year. She began working for Clayton High School in August 2011 and resigned prior to April 1, 2012.
Before teaching in Clayton, Ford was employed as an English teacher at Cleveland High School for one semester--from August 2009 to January 2010. Though confidentiality law prevents Cleveland Public Schools from releasing details of Ford's resignation, Cleveland High School principal Alan Baker is listed on an affidavit as a witness for the prosecution.
Because the age of consent in Oklahoma is 16, and Ford's alleged victim is 15, she would have been facing prosecution even if she were not a teacher. However, because she was a teacher, she was legally precluded from having sex with any student in the district in which she worked, even if that student had reached or passed the age of legal consent.
Any teacher who has sex with a student not only risks his or her career, but also faces criminal prosecution and mandatory registration as an Oklahoma Sex Offender. If you or a loved one has been accused of lewd acts with a minor or statutory rape, contact a skilled, experienced Oklahoma sex crime defense lawyer as quickly as possible.
Safety Tips to Avoid Swimming Pool Accidents and Litigation
Oklahoma premises liability lawyers represent those who have suffered as a result of an injury or death that occurred on someone else's property as a result of the property owner's negligence. Premises liability accidents may include slips, trips, or falls; trampoline accidents; crimes resulting from inadequate security; and more. As summer approaches, personal injury attorneys in Oklahoma caution homeowners, parks, and other organizations that swimming pools can be a serious liability if proper safety precautions are not enforced.
Swimming pools are designed for relaxation and recreation. For many families, unfortunately, these icons of summer can quickly turn deadly. Swimming injury statistics are staggering. Drowning is the leading cause of accidental injury death among children aged 1-4, and it is the second leading cause of accidental injury death among children younger than 15. While half of all drownings of children younger than age 1 occur in bathtubs, buckets, or toilets, most drowning victims aged 1-4 drown in residential swimming pools. Drowning deaths and swimming pool injuries are not exclusive to toddlers and preschoolers, however. Approximately 5,000 children aged 14 and younger are transported to the hospital each year as a result of accidental drowning. Of those 5,000 children, fifteen percent die and twenty percent suffer from permanent brain damage or neurological disability.
Though drowning is an obvious swimming pool danger, many other serious accidents and catastrophic injuries include those from slippery walkways and decks, dangerous filters and drains, diving boards and ladders, and electrical shock. In addition to drowning, injuries may include traumatic brain injury, neck injury, spinal cord injury, and organ damage.
Swimming pool accidents can occur in any type of pool:
- 19% of fatal child drownings occur in public pools with certified lifeguards on duty
- 11% of drownings of children aged 1-5 occur in portable pools
- 39,500 people annually seek emergency room care for accidents in in-ground pools
- 10,000 people annually seek emergency room care for accidents in above-ground pools
The Consumer Product Safety Commission (CPSC) and its website at PoolSafely.gov offer these tips to help avoid serious or fatal swimming pool accidents:
- Neither children nor adults should ever swim alone
- Do not swim after eating, drinking alcoholic beverages, or taking medication
- No roughhousing should be allowed in or near the pool
- Always go down pool slides feet first
- Keep rescue devices (such as life preservers and a shepherd's hook) and first aid supplies near the pool
- Always make sure there is responsible adult supervision
- Teach children to swim and teach water safety
- If a child is missing, always check the pool or spa first
Supervision is the most important part of pool safety; however, in nearly 9 out of 10 child drownings, a parent or caregiver claimed to be watching the child. In 77% of home drownings, a child had been missing for fewer than five minutes when he or she was discovered in the pool or spa. In 70% of those cases, the child was not expected to be near the pool. It is important that, in addition to supervision, pool owners install adequate safety equipment:
- Four-foot or taller fence installed around the pool, preferably a four-sided fence that completely separates the pool from the house and yard
- Self-closing, self-latching gates on fences
- Lockable safety covers for spas and hot tubs
- Door alarms, window guards, and window alarms for residences where homes are adjacent to the pool and not separated by a fence
- Pool and gate alarms
- VGB compliant drain covers
- Surface wave or underwater alarms
Approximately ten people die each day as a result of unintentional drowning. Help prevent swimming pool accidents by practicing adequate safety measures to protect your family, friends, and neighbors. As summer temperatures arrive early in Oklahoma, be sure to thoroughly inspect and maintain any pool before opening it for the season.
If someone you love has been injured in a swimming pool accident, call the Oklahoma City pool accident lawyers with Phillips & Bailey for help.
Store Manager Charged with Embezzlement in Oklahoma County
Embezzlement often entails complex schemes to siphon money from its rightful owners, but the crime can be as simple as taking the money and walking away. Oklahoma City white collar crime lawyers represent those who have been accused of stealing from the workplace by embezzling funds or property. Sometimes, they represent individuals who are accused of being a part of a covert and longstanding scheme to misappropriate funds. Other times, they may represent individuals who are accused of taking a more direct approach.
Yesterday, and Oklahoma City woman was charged with two counts of embezzlement after she was accused of directly stealing the deposits of an Edmond convenience store. Christina M. DeWitt, 38, was charged with embezzlement in Oklahoma County District Court for allegedly twice failing to deposit the receipts of the Circle K convenience store located at 1308 North Bryant Avenue in Edmond.
Store video allegedly shows DeWitt leaving the store with a deposit of $4,255 on March 29, and a deposit of $10,316.89 on March 30. According to DeWitt's employer, the store manager was supposed to make the deposits and then return to the store to train another employee. However, the employer says, the deposits were not made, and DeWitt never returned to work.
Under Oklahoma embezzlement law, the penalties for embezzlement vary according to the value of the property or stolen funds. For example, embezzlement of less than $500 is a misdemeanor punishable by up to one year in jail and a fine of up to $1,000. However, the greater the value of the embezzled property, the greater the severity of the crime. In this case, the suspect is accused of stealing more than $14,000. Under Oklahoma law, theft or embezzlement of property valued between $1,000 and $25,000 is punishable by restitution, a fine of up to $5,000, and a prison sentence of up to five years in a state penitentiary.
What is embezzlement? What actions constitute embezzlement and contribute to criminal charges?
Embezzlement is defined as "the fraudulent appropriation of funds or property entrusted to one's care but actually owned by someone else." In other words, if someone is entrusted with the money or property of an individual, business, or organization, and that person takes the money or property for his or her own personal use, then he or she has committed embezzlement.
Examples of embezzlement include:
- An employee of a business, organization, or institution who pockets all or part of the deposits
- A guardian or an executor of a will or estate who has legal access to the funds of another person, living or dead, and misappropriates those funds for personal use or funnels the money into personal accounts
- An employee takes cash from the register or fails to ring up items, pocketing the customer's payment
- An employee adds fictitious names or names of relatives to the company payroll to collect multiple paychecks for phony employees
- A bookkeeper falsifies payments and accounts
- Check kiting
- Falsifying timesheets
- and more.
If you have been charged with embezzlement, are being investigated for embezzlement, or if you suspect that you may be involved in illegal activity, it is important that you cease the questionable action and contact an experienced Oklahoma white collar crime lawyer who can help you determine the best course of action to protect against criminal charges.
Unsafe Road to Blame in Fatal Auto Accident
In many cases of automobile accident litigation, the defendant in the case is a driver whose careless, reckless, distracted, or drunk driving caused or contributed to an accident. However, effective Oklahoma City auto accident lawyers carefully investigate each case to determine all potentially at-fault parties. Often, they discover that poor roadway design or maintenance is at least partly to blame for an accident. Insufficient warnings and signage, poor maintenance, and inadequate safety features can all contribute to a serious or fatal car accident.
A tragic accident near the Bronx Zoo in New York this weekend confirms the importance of proper roadway design in ensuring driver safety. Over the weekend, a Honda Pilot carrying seven members of the same family clipped a highway divider, damaging a tire. The driver of the vehicle, Maria Gonzales, 45, lost control of the vehicle. It crossed three lanes of traffic, striking a curb that launched the SUV over a four foot guardrail, sending the vehicle plunging off the elevated highway and onto the ground six stories below.
Killed in the accident were Gonzales; her 10-year-old daughter Jocelyn; Gonzales's parents, Jacob Nunez, 85, and Ana Julia Martinez, 81; Gonzales's sister, Maria Nunez, 39; and Nunez's two daughters, Niely Rosario, 7, and Marly Rosaria, 3. At the time of the accident, the family was en route to a family gathering. There were no survivors in the accident.
Safety officials with the American Automobile Association (AAA) say that the poor design and inadequate safety features of the roadway are at least partially to blame for the accident. According to Robert Sinclair, spokesman for the New York office of the AAA, the Bronx River Parkway, built in 1925, does not have the modern safety technology features for today's traffic needs. He says that three sections of the parkway, including one at the accident site, appear on the state's "5 percent list," a federally mandated list defining the locations "exhibiting the most severe highway safety needs." Items of concern include:
- Four-foot guardrails deemed inadequate for an elevated highway
- A two-foot curb, inappropriate for a high-speed highway, because it serves as a "launching pad" sending vehicles airborne
- Limited sight distance
Last year, a vehicle fell off the highway on the same stretch of road.
For survivors of serious accidents, catastrophic injuries may result in permanent disability and a lifetime of medical care. For family members of those killed in fatal accidents, overwhelming grief and financial burdens can seem insurmountable. An Oklahoma auto accident attorney can help you achieve some measure of justice and relief by pursuing financial compensation from those liable for your injuries and losses. To find out more, call Phillips & Bailey to speak with an experienced car accident lawyer in Oklahoma City.
Cat, Baby Test Positive for Meth in Separate Oklahoma Drug Cases
Like many states, Oklahoma has a significant meth problem. Nationally, meth lab seizures have increased 577% since 1995, and the DEA reports that the "drug of choice" in Oklahoma is methamphetamine. Last year, a Tulsa reporter claimed that police across the nation have dubbed Tulsa "The Meth Capital of the U.S." Oklahoma drug lawyers understand the toll meth use and abuse can have on everyone involved, including not only the meth manufacturers, dealers, and addicts, but also the innocent victims of this incipient drug: from taxpayers, law enforcement agencies, and fire departments to neighbors of meth houses and children and animals who live under dangerous conditions surrounded by meth labs.
In separate incidents recently, both a cat and an infant tested positive for meth near Tulsa. The cat was found at a Catoosa home that was raided in a drug bust on April 15. The raid revealed multiple one-pot meth labs (a common method for manufacturing meth in Oklahoma). Though several cats were in the home, the one in the worst condition was taken from the home to be treated at a local veterinarian's office. The cat, who was extremely malnourished and neglected, tested positive for meth. The veterinarian said that although it did not appear that the cat had ingested the drug, the chemicals were found in its blood stream from living in the environment containing at least thirty one-pot meth labs.
On April 24, police arrested a Skiatook woman after her 8-month-old daughter tested positive for meth at St. Francis Hospital in Tulsa. According to police, Amy Lynn Daugherty, 25, sought the advice of a family friend with medical training when she found her infant daughter limp and unresponsive. Emergency personnel transported the infant and her mother to the Tulsa hospital, where the baby tested positive for high levels of meth. Daugherty told police that a few days before, she and her daughter had been present in a home where meth and marijuana were being used. She reportedly told authorities that her daughter had never been out of her supervision and that she did not know how it was possible that the baby had ingested methamphetamine. Daugherty was arrested on a complaint of child neglect, with bail set at $25,000. The injured infant, her twin sister, and a 5-year-old brother were taken in to protective custody by DHS.
The manufacture of methamphetamine is relatively cheap and easy; however, meth labs are fraught with inherent dangers from burns, explosions, and accidental ingestion. Because of the dangers of meth and the high cost of addiction, meth manufacturing, distribution, and possession are prosecuted vigorously. If you or someone you love has been accused of a meth offense, contact an experienced Oklahoma drug defense attorney today.