Take a look at our June newsletter!
816-268-1960 | 913-428-8220 www.dickersonoxton.com JUNE 2023
ANIMAL BITES
CAR ACCIDENTS
MEDICAL MALPRACTICE
Think Before You Post! How Social Media Can Hurt Your Injury Case
BICYCLE/ MOTORCYCLE ACCIDENTS
As of 2023, 4.9 billion people worldwide use some form of social media. To put that into perspective, the world’s population is around 8 billion this year, which means more than half of the world is online. By 2027, experts believe that number will grow to 5.85 billion. There are many positives to using social media, such as staying in touch with friends and family (especially those that live far away). However, social media can be dangerous to a personal injury case. This is because the opposing counsel will almost always check the client’s social media pages during their case. And whether or not people realize it, social media pages are extremely easy to access, even if you think your profile is private. You’d be surprised what people can still see and have access to. In many cases, I’ve had opposing counsel bring up my client’s Facebook pages or try to ask them about their social media posts during a deposition. For many people who post on social media, what they put online is a curated version of their life. It’s the best versions of themselves that they want people to see. Typically, people post about how awesome their life is, how happy they are, and all the incredible things they’ve been doing lately. Hardly anyone ever posts about how they’ve been experiencing mental anguish from their injury or have been confined to a hospital bed. So, you can probably see how social media posts
about all of the fun and exciting things someone has been up to after the date of their injury can impeach them. This disconnect between the fun and exciting life people post on social media and the suffering they discuss in the courtroom is especially difficult in personal injury cases, as juries can be biased against plantiffs — even without damaging social media posts. And as much as we attempt to block these requests for access to social media accounts from the opposing counsel, courts nearly always allow access to this type of material. Courts don’t just allow access to posts, either; they can grant access to private messages and the comments you and others have left on posts. They can also comb through the people in your following or friends lists and call them in as witnesses to testify in your case. For example, if you posted about a fun night out the week after your injury, and your cousin comments something like “loved seeing you again!” she can be called in and questioned regarding that event. If you’re wondering what the rules are for using social media during your personal injury case, there are a few things we recommend to clients from the outset. NO. 1: NEVER POST ANYTHING ABOUT YOUR CASE ON SOCIAL MEDIA. If a post is directly about your case or your injuries, it is absolutely relevant
and will be admissible in your case and for the other side to use or access. NO. 2: TRY TO AVOID POSTING ON SOCIAL MEDIA AT ALL. We understand that some people use social media a lot, and spending time away from the connection it offers can be challenging. However, as hard as it is to resist, keep in mind that the other side can spin anything you post to discredit your claims. NO. 3: DO NOT DELETE YOUR ACCOUNT! When people learn the courts can use their social media accounts as evidence, one of their first instincts is to delete the account entirely. However, parties have a duty to preserve information and evidence. There are certain laws that can lead to an adverse inference against you if a party intentionally deletes or destroys evidence. Deleting the account makes you look extremely suspicious to the jury and could damage your case more than what you’ve posted. Luckily, a good trial attorney can combat many of these obstacles. At Dickerson Oxton Law, we have extensive experience navigating the perils of social media during personal injury cases, so if you’ve suffered an injury at the hands of someone else’s negligence, call us at 816-268-1960 . –Chelsea Dickerson
BRAIN & SPINAL CORD INJURIES
BURN INJURIES
CONSTRUCTION INJURIES
NURSING HOME ABUSE
SLIP & FALL ACCIDENTS
BOATING ACCIDENTS
TRUCK ACCIDENTS
PHARMACEUTICAL & DRUG INJURIES
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As June temperatures climb in Kansas City, many families will participate in water activities to stay cool. Families often book these activities through a third party to access the needed supplies for their preferred activity. However, sometimes these activities, while fun, can be dangerous, resulting in injuries or even death. But you need to know that these third parties have immunity from any liability for injuries or death. According to statute 537.327, “An outfitter is not liable for an injury to or the death of a participant in paddlesport activities.” WHAT ARE PADDLESPORT ACTIVITIES? The statute covers any activity on the water that uses a paddle. This list includes “riding in or on, training in or on, using, paddling, or being a passenger in or on” the following watercraft: Stay Safe While Coolin
Dressed in protective goggles, blue booties, and a matching vest, this incredible rescue dog became a symbol of hope in Mexico. Frida, a cheerful yellow Labrador retriever, was a devoted member of the Mexican Navy known for her search and rescue skills. Trained to find people trapped under rubble after earthquakes, Frida always worked hard to save lives. Frida became a national hero when a devastating earthquake hit Mexico City in 2017. The 7.1 magnitude earthquake took more than 300 lives and injured many more. While sifting through dangerous debris and aftershocks, Frida saved 12 people after finding them alive while uncovering more than 40 bodies during her lifesaving career. While the nation was devastated by the disaster, this smiley rescue pup brought worldwide attention to the tragedy. Frida’s dedication (and impeccable style) quickly made her an internet celebrity, and soon, murals of the lifesaving canine graced the walls of Mexico City. Even Captain America, aka Chris Evans, gave Frida a shoutout on Twitter, adding, “What did we do to deserve dogs?” The hero dog then traveled the world, helping countries suffering from the aftermath of disastrous earthquakes. Frida saved lives in Haiti and Ecuador before retiring from her position in 2019 at 10 years old to live the rest of her days in comfort and love. Sadly, the Mexican Navy announced Frida’s passing in November 2022 due to old age. She was 13 years old. In her honor, a magnificent bronze statue of Frida, clad in goggles and boots, stands in front of the Mexican Navy office in Mexico City. On the day of her death, the Mexican Navy changed their Twitter banner to an illustration of Frida and spread the hashtag “#HastaSiempreFrida.” Frida will always be remembered for her lifesaving work and the hope she embodied for the entire world. HOW THE WORLD FELL FOR FRIDA RESCUE DOG’S LEGACY LIVES ON
• Canoe • Kayak • Tube
• Raft • Paddleboard
WHAT IS CONSIDERED ‘AN OUTFITTER’? An outfitter would be any company that allows you to participate in these activities, whether or not you pay them. To be specific, the statute defines an outfitter to be “any individual, group, club, partnership, corporation, or business entity, whether or not operating for profit or not for profit, or any employee or agent, which Celebrate Father’s 3 ACTIVITIES
Sunday, June 18, is a day to celebrate the dads in our lives. For some people, that means their biological father; for others, that may mean a man who provided that father-like love and guidance, such as an uncle, grandparent, family friend, or mentor.
While many people prefer to send a heartfelt message or gift this person something to show their love, Kansas City has a few great events you and your father can attend to celebrate. FATHER’S DAY SUPERHERO RUN 5K Celebrate Father’s Day by getting active with one of the men you love most! This run takes place on Sunday, June 18, at the Aspira Campus in Overland Park. In addition to the 5K run, the event also hosts a superhero costume contest! The race starts at 8 a.m. and costs $31 for adults. The Father’s Day Superhero Kids Run begins at 7:45 a.m. and has a $15 entrance fee. Both races take place at 6260 Sprint Parkway, Leawood, KS 66211. You can visit RunSignUp.com/Race/Register/?raceId=55995 to sign up!
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What You Need to Know About Paddlesport Immunity
sponsors, organizes, rents, or provides to the general public the opportunity to use any watercraft.”
This means that even if your church sponsors the activity or you pay for it through an app, whatever entity that allows you access to these sports is not liable for any injuries. The reason is that just by participating in these activities, an individual understands that it is inherently risky. SO, CAN THESE OUTFITTERS EVER BE FOUND LIABLE? There are only five instances when a participant can pursue an injury claim, and they include if the outfitter: • Intentionally injures a participant • Caused the injury due to negligence • Provides equipment that they knew was unsafe to use • Fails to give a “United States Coast Guard-approved personal flotation device” • Fails to provide a “degree of care that an ordinarily careful and prudent person would use” It’s essential to understand the risk you take when using a watersport company, and that if you are injured, you may be unprotected. But if you or someone you know believes one of the five instances above caused an injury while using an outfitter, call us at 816-268-1960 to seek the justice you deserve. FATHER’S DAY BINGO If you and your father figure like to eat great food, drink craft beer, and play bingo, head on over to Red Crow Brewing Company on June 18 at 11 a.m.! Bingo is family-friendly and free to play! According to Red Crow’s website, “If you want to try and grab one of the walk-in seats, we suggest showing up around 10:50 a.m. to make sure that you are in line to grab one!” Red Crow Brewing Company is located at 1062 W. Santa Fe Street, Olathe, KS 66061, and you can call 913-440-9852 with any questions. KANSAS CITY AUTOMOTIVE MUSEUM Does your dad love cars? Is he just a major history buff? If yes, check out the Kansas City Auto Museum this Father’s Day because dads get in free! Plus, each month, the museum curates a new special exhibit, and for June, it’s all about the El Camino/Ranchero! Day in Kansas City S TO DO WITH DAD
TAKE A BREAK
CHERRY CHIA GREEK YOGURT BOWLS Inspired by HungryHobby.net
INGREDIENTS
Chia Seed Jam • 2 cups sweet cherries, pitted • 3 tbsp chia seeds • 2 tbsp honey • 1/4 cup water Greek Yogurt Bowl • 1 cup nonfat plain Greek yogurt • 1/2 tsp vanilla extract • 1 tsp hemp seeds • 1 tbsp granola
DIRECTIONS
Chia Seed Jam We suggest making the chia seed jam in advance and storing it in the refrigerator so you can quickly assemble these yogurt bowls all week. Using a potato masher, mash down the cherries. Place a small pot on high heat and add the cherries, chia seeds, honey, and water. Bring the mixture to a boil, then turn down the heat and let simmer for 10 minutes, stirring constantly. Allow jam to cool before using or refrigerate. Greek Yogurt Bowls In a small serving bowl, mix the Greek yogurt with vanilla extract. Top the Greek yogurt with 2 tbsp cherry chia seed jam, hemp seeds, granola, and a few additional cherries, if desired.
You can find the museum at 15095 West 116th Street, Olathe, KS 66062, and call 913-322-4227 with any questions!
Remember, your family is what you make it. So treat the father figure in your life to a special day this year!
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Giving Back
Advertising Material
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816-268-1960 | 913-428-8220 www.dickersonoxton.com
INSIDE
THIS ISSUE
Don’t Let Social Media Ruin Your Case!
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A Furry Hero in Mexico
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Paddlesport Immunity Laws, Explained
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Father’s Day Fun!
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Cherry Chia Greek Yogurt Bowls
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Never Lose an Item Again!
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HOW DOES IT FEEL ? Imagine you’re racing out the door when you go to grab one last item; maybe it’s your keys, phone, or even your left shoe. But when you reach for it, it’s not there! You knew you set it on the counter last night, or did you? Now, the scrambled search for the lost item becomes stressful. Luckily, a study from Johns Hopkins University might help us find those lost items easier. The trick, they say, is to imagine the parts of the missing object we can’t see. This might sound confusing because when you search for an object, you’re typically looking to see if you can spot it in your home’s environment, like a game of I Spy. But researchers found the characteristics of the object we can’t visually identify are the trick to finding them easier. For example, is the item hard, soft, light, or heavy?
hard, soft, or light it is. For example, if you’re searching for a sweater in your room, you know it’s soft and light. So, the best place to search for it is not amongst hard items like books, shoes, or toys but someplace where soft items congregate, like piles of clothes, a bed, or a chair. THE SECRET TO FINDING LOST ITEMS FASTER If you’re looking for your keys, you know they’re hard and make a sound when rattled. In that case, it may be a good idea to physically feel around for something hard that makes a noise when you touch it. Understanding the non-visual properties of an object narrows our search options, which leads us to lost items faster without unnecessary distraction. So, next time you lose something, think about where it would be, not based on how it looks, but how it feels!
When someone goes grocery shopping, they know eggs are light and fragile, while cans are heavy and hard. This is why we put the cans at the bottom of our shopping bags and the eggs at the top. So, if you asked someone to find a can of soup in a grocery bag, they would likely rifle to the bottom first because it’s heavier. You can apply this same principle to finding a lost item by how heavy,
ADVERTISING MATERIAL: The choice of a lawyer is an important decision and should not be based solely on advertisements. This newsletter is provided to former clients, individuals who have contacted the firm regarding representation, and individuals who have requested to be on the newsletter mailing list. This newsletter is for educational and informational purposes only and does not constitute legal advice or direct solicitation for employment of the firm on any particular legal matter.
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