Posted by Geoff on Dec 29, 2016 in Premises Liability | 0 comments
Property owners have the responsibility to ensure that their properties are safe for visitors. If they fail to take this responsibility and an injury or death has happened, they may be held liable. This is called premises liability.
Getting injured because of someone else is always bad news. Because property owners, manufacturers, and maintenance workers become negligent, you are the one who has to suffer. The best way to avoid accidents is by being diligent yourself and knowing what kind of accidents can occur in certain premises.
Premises liability may come in many forms, like dog bites, fires, slips and falls, and swimming accidents, but one form seems to be overlooked – elevator and escalator accidents. These accidents may seem ridiculous, because elevators and escalators are not the most complicated machines. But these accidents still occur, and we should be worried.
Defects and Malfunctions
Elevator defects and malfunctions happen for many reasons. Maybe the elevator is not installed properly, has missing parts, or is not receiving adequate maintenance. This can cause pulley system malfunctions, rapidly dropping the elevator in the shaft. Elevator passengers are also at risk of harm because of faulty safety systems like door malfunctions, water springkler malfunctions, and wiring malfunctions that may cause electrocution and fire.
Like elevators, escalators can be defective and malfunction if they are are not properly installed and maintained. There are well-documented cases where an escalator passenger has fallen into the moving interior parts of the escalator because of step yoke breakage and other support mechanism failures. Sudden stops and starts of an escalator can also startle passengers, causing them to slip and fall.
Aside from defects and malfunctions, entrapments are also common causes of elevator and escalator injuries. Body parts and pieces of clothing are known to get caught in the moving parts of elevators and escalators.
In elevators, the hand and feet of children are often victims of entrapments, may it be because of elevator defects and malfunctions or negligence. There are also known cases of women hair getting caught in the doors.
In escalators, a person’s clothing and feet are often the victims of entrapments. Long clothes like dresses are ingested by the moving steps and adjacent skirt panels. Fingers and toes of children can also be caught in the gaps between the steps and the panels, causing serious injury and even amputation.
Though negligence on the part of the victim can be associated with entrapments, the overall design of the machines should also be taken into consideration.
Posted by Geoff on Jul 24, 2016 in Insurance | 0 comments
Carrying auto liability insurance is a mandate in the U.S. Thus, whether you drive a car or a truck and regardless of the kind of driving history you have, you will have to be insured. Being insured is complying with the Financial Responsibility law, the law which requires drivers to prove their financial capability in paying the damages and losses suffered by victims of accidents due to their fault. Other than having insurance coverage, compliance with the Financial Responsibility law may also be done by demonstrating financial capability in ways approved by the state, like: depositing securities or money with the state treasurer or filing an SR-22, which is the case in the state of New Hampshire; or paying the state’s Department of Motor Vehicles (DMV) the required uninsured motor vehicle fee, a practice allowed in the state of Virginia.
Where drivers decide to carry auto insurance, the type of coverage they need to carry depends on the liability system recognized in the state where they reside. Currently, 38 states, also known as “tort” or “fault” states, require the tort liability coverage; the remaining 12 states, also known as “no-fault” states, require the “no-fault” insurance coverage. The 12 states where this “no-fault coverage” is required are Utah, New York, North Dakota, Massachusetts, Michigan, Minnesota, Kansas, Hawaii, Florida, Pennsylvania, New Jersey and Kentucky; drivers in Pennsylvania, New Jersey and Kentucky are actually allowed to choose which coverage they want to carry.
Drivers, especially those who cause accidents, can lose their driving privileges and be required to carry an SR-22 filing if they are found without insurance coverage. An SR-22 is a certification required by the state’s Department of Motor Vehicles (DMV); its purpose is to inform the state DMV that the driver who has been required to carry an SR-22 filing is already insured.
Despite carrying auto liability insurance being a basic driving requirement, millions of drivers in the U.S. choose rather to drive without insurance, saying that insurance policies are too expensive. According to Abel Law Firm, while independent car insurance companies know this to be a fact, they also say that driving without insurance can be much more expensive, especially if the uninsured driver ends up causing an accident. Independent car insurance firms, by the way, offers drivers free online insurance quotes from different insurance companies. These quotes are meant to allow drivers compare insurance deals and prices to help them find the best, yet lowest-priced deal that they need to have.
Posted by Geoff on Mar 12, 2016 in Injury | 0 comments
Power morcellators were once praised for their ability to remove noncancerous tissue and fibroids during a hysterectomy or a myomectomy. The morcellators worked by entering through a small incision in the abdomen and breaking up masses into smaller pieces that were then removed. However, a link was soon found between women undergoing procedures with these devices and then developing dangerous forms of uterine cancer. In fact, according to Williams Kherkher, 1 in 370 of women who underwent a procedure involving a power morcellator result in the development of some form of uterine cancer.
Before these procedures, many doctors failed to check patients for cancerous growth or tissue. When this is the case, power morcellators often spread cancerous tissue and cells into other areas of the body, leading to more serious or developed types of cancer. Some of the major types of cancer caused by power morcellators include metastatic leiomyosarcoma, uterine cancer, uterine sarcoma, and endometrial stromal sarcoma. All of these cancers have the potential to be life-threatening if not caught in the early stages. Unfortunately, many unsuspecting women can become victims of these dangerous cancers after a procedure involving a power morcellator.
The FDA issued a “black box” warning for these morcellators. According to the pharmacy Walgreens, a black box warning is the strictest warning put in the labeling of prescription drugs or medical products by the Food and Drug Administration (FDA) when there is reasonable evidence of an association of a serious hazard with the drugs or product. While the makers of the devices, Johnson & Johnson, recalled them in 2014, the warnings came too late for many women who had already developed uterine cancer.
Technology is an unavoidable part of modern society. Nearly every individual has a cell phone, making the use of it during driving a dangerous reality. Countless individuals use their cell phones while operating a vehicle putting other drivers on the road in serious danger. Texting or talking on one’s cell phone can lead to reckless and distracted driving behaviors. Even a momentary lapse in attention is all it takes to lose control of an automobile and cause an accident, according to http://www.shw-law.com/.
There are a number of reasons a person might be using their cell phone while driving—looking at their phone for directions, making a call, or responding to a text. Regardless of the reason, distracted driving caused by reasons such as cell phone use is one of the leading causes of fatal collisions. When an individual checks their cell phone to send a text or make a call, not only are they not looking at the road for a period of time, but they are often driving with only one hand on the wheel. Even if an individual claims to be able to look at the road while on a phone call, they are often more distracted and thus unable to respond to dangers or obstacles on the road in a timely manner. Other dangerous driving behaviors that can be caused by texting and driving are swerving out of your lane, not paying attention to traffic signals, and being unable to control speed.
Unfortunately, these are only some examples of dangerous driving behavior that can take place when a driver is texting or talking on a cell phone. Numerous accidents are caused by careless driving by individuals on their phone every year. Not only can these accidents cause severe injuries, but, in the worst cases, death. Technology may be an integral part of society, but using a cell phone and driving should not be.
Posted by Geoff on May 20, 2015 in Self Storage | 0 comments
Protecting your storage unit is almost as important as protecting the goods in your storage space since damaging the property can result in heavy fines. Storage units are a great way of keeping and protecting property that isn’t being used at the moment. Some people also use these spaces to keep goods that are a part of their business. Some of these cases include furniture refurbishing or flipping furniture. This trade requires the larger, industrial space that a storage unit has to offer.
The best thing that will mutually protect your belongings as well as the storage unit is placing plastic tarp on the floor and walls. Not only does this keep out unwanted pests and help control humidity levels, it also will keep boxes and heavy furniture from scratching the interior of the storage unit. Some people like to use their storage unit to do projects. If you are gluing or painting anything inside of the storage unit, this will also keep those materials from permanently staining the floor walls.
According to the website of Ben White Mini Storage, placing pallets on the floor will help the airflow and moisture that may build up within the storage unit. This will protect your possessions while keeping damage from occurring to the storage unit floor. If there is a spill or leak from the neighboring storage units, this will also help keep your boxes and furniture safe.
Finally, it is always a good idea to bring an extra lock to secure your self-storage space. This extra security measure not only will prevent thieves from entering your unit and stealing your belongings, but will also keep unwanted people from vandalizing the unit. If you are looking for a safe place to store your belongings, consider leasing a self-storage unit in your area. Be sure to research your options and find a safe, clean, and secure facility to best protect your valuable belongings.
Posted by Geoff on May 5, 2015 in Injury | 0 comments
According to the website of the San Antonio personal injury lawyers at Chris Mayo Law Firm, injuries sustained in car accidents have potential to permanently alter one’s life. If another driver has caused an accident that results in a debilitating injury, they may owe financial compensation. Sometime, the injury can affect a person’s ability to function for a significant amount of time. In this case, the responsible party’s negligent action can cause the injured to pursue Social Security Disability Assistance.
Medical disabilities outlined by the Social Security Administration include back injuries, sense and speech issues, and neurological problems. In the event of a car collision, it is possible for any of these injuries to be sustained.
Spinal cord injuries affect the nervous system. When vertebrae are fractured or dislodged, the transfer of nerve signals to the brain is affected. This can result in partial or complete paralysis, which compromises a person’s ability to function.
Traumatic Brain Injuries are a commonly sustained after auto accidents. They are caused by a force that penetrates the skull, which can cause neurological dysfunction. Common results of cognitive dysfunction include anxiousness, depression, confusion, or difficulty in speaking and focusing.
If a person’s afflictions meet a set of criteria, they can apply for Social Security Disability benefits. If approved, the Social Security Administration can grant that person financial assistance.
The website of Chris Mayo Law Firm denotes how social security lawyers can guide a person through the process of applying for disability benefits. Due to the ins and outs of Social Security, help from a qualified attorney can be extremely useful.
The websites of the Mokaram Law Firm attests to the imperativeness of seeking compensation from a negligent driver. Medical bills, lost wages, and other finances can add up, and collecting finances from the person responsible for your injury can help you stay financially afloat.
Posted by Geoff on May 4, 2015 in Products Laws | 0 comments
While medications have beneficial outcomes, these outcomes can be accompanied by undesirable side effects. Sometime, these negative side effects can outweigh the positive benefits and cause further injury. Drug companies that are cited with behaving negligently can be pursued for financial compensation. When taken to court, there are different dimensions of inflicted financial loss; medical bills, lost income, and punitive damages are three financial factors to which compensation covers.
Medical bills resulting from further afflictions can be expensive. If a drug company is responsible for them, they can be financially responsible for paying their medical bills. Secondly, time spent in the hospital is time lost at work. When pharmaceutical error results in one’s inability to go to work and receive income, compensation can be due. The last example in which a drug company can owe compensation is for punitive damages. These finances collected are meant to punish the company for the respective heinousness of their action.
One example of a drug that has significant side effects is Xarelto. Despite its side effect of causing gastrointestinal bleeding, it is distributed worldwide. When this occurs, patients can receive every type of financial compensation. A lawsuit attorney is likely aware of how to handle the situation, and is equipped to produce maximum benefits for the patient.
Another drug that can pose an unintentional negative effect on a patient’s life is a birth control pill known as Yasmin. Side effects of this pill, also known as Yaz, include heart attack, gallbladder disease, stroke, or blood clots. Like manufacturers and distributors of Xarelto, those of Yaz can be held legally responsible for all branches of compensation. The website of the National Injury Law Center acknowledges these risks, and the financial accountability that the negligent drug company must assume.
A drug company’s failure to provide a warning label is downright unlawful. Drugs that have potential to compromise patients’ health need to be sold as such. When drug companies’ medications result in injury or death, the company should be held legally culpable for knowingly putting lives at risk.
Posted by Geoff on May 3, 2015 in Family | 0 comments
When parent’s divorce, there are many factors to consider regarding the logistics of their child/children’s lives. After getting divorced, parents must make decisions for the child that support their educational, emotional, physical, and medical needs. To do this, child support rates are a predetermined, legally binding amount set to financially provide for different aspects of a child’s life. Typically, there is a “giving” parent and a “receiving” parent. The amount is set upon the parent’s agreement, however if surrounding circumstances change, it may need to be modified.
Rates are determined by a set of factors, including: income, deductions, childcare expenses, and health care expenses. However, these determining factors can fluctuate. When this occurs, it is the parents’ responsibility to agree on a new amount for the non-custodial parent to owe. This process of changing previous contracts can get quite nasty and drawn out if the right legal action is not taken.
Income, loss of income, and health care are three finances that can fluctuate in price. According to the website of Alexander and Associates, an increase in child support rates can result from a higher cost of healthcare or the paying parent’s increased income. Inversely, they can decrease in the events of a receiving spouses remarriage, or paying spouses decreased income.
After determining a rate, parents must seek court approval of the agreement. During this stage, a judge must find that it is in accordance with state regulations. In some cases, if the paying party fails to meet their responsibilities, they can be held legally accountable.
The website of Arenson Law Group, PC family lawyers cites the logistical and emotional struggles of going through a divorce. The divorce process can be extremely stressful and energy draining. Furthermore, when dealing with complicated matters such as child support, navigating the legal web of information and regulations can be difficult. Contacting a family attorney can ensure your interests are reflected in your child support agreement.
Posted by Geoff on May 2, 2015 in Hair | 0 comments
Brazilian Blowouts have become a popular phenomenon. With many celebrities having received the treatment, it is a popular method to achieving a consistent, easy look. Brazilian Blowouts have specific benefits, a certain process, and potential risks. All treatments must be performed by a certified stylist, and it is advisable to speak with your stylist when considering the treatment.
Brazilian blowouts are intended to produce frizz free, sleek, voluminous hair. Unlike other relaxing treatments, hair that has been treated with this blowout can be work strait, wavy, or curly. It is not a permanently straightening treatment, but rather one that produces shiny, healthy hair regardless of how it is being worn.
To achieve this look, a keratin infused formula is applied to the hair. When receiving the treatment, common steps followed are: washing hair with cleansing shampoo, towel blot dry or blow dry, apply keratin formula, flat iron hair, and blow dry. Stylists can apply different techniques in between each step, or employ additional ones. Treated or worn hair can have holes from the damage inflicted, and the keratin formula fills them. With the holes filled, the hair does not absord moisture, and therefore is not frizzy.
This treatment can be performed on any kind of hair, including relaxed, colored, hi-lighted, or bleached hair. It will last for approximately three months, although this time can be lengthened by washing the hair less. Some keratin formulas contain formaldehyde, which is not permitted by the Occupational Safety and Health Administration. When receiving a Brazilian Blowout, it is best when stylists use a formaldehyde-free keratin formula.
These blowouts range in price, and are offered at a wide variety of salons. According to the website of the Therapy Hair Studio in Houston, Brazilian Blowouts give a desired look that is attainable uniquely through this treatment.
Posted by Geoff on May 2, 2015 in The Environment | 0 comments
The widespread use of polychlorinated biphenyls or PCBs has made it tedious to enumerate all the possible source of toxic Monsanto PCBs (Monsanto being the only domestic PCB producer in North America). Basically, however, PCB contamination can occur through its production, and as a by-product of its use.
PCBs are synthetic, which means they do not occur in nature. The first PCB-like substance was a by-product of coal tar. By 1881, German scientists were producing 209 different types PCBs. These differentiated by the number and position of chlorine atoms attached to the two benzene rings (the “biphenyl” in polychlorinated biphenyl), which is the basic composition of the compound. Each type or congener has a different toxicity level, and can range from a thin and light-colored liquid to a black, waxy solid. It depends on the intended use. All PCBs are stable, heat resistant, and non-flammable with a high boiling point. This is what made it such a valuable industrial component.
About 1.5 million tons of PCBs have been produced worldwide, and in its production, thousands of pounds of waste has gone into the rivers and landfills of the surrounding area. This is the primary source of toxic Monsanto PCBs in the US. A secondary source is when it leaks or separates from components or products that used PCB as a coolant, insulator, stabilizing agent, or flame retardant. Industrial transformers are good examples of this type of release. The ground under industrial transformers tested for high levels of PCB contamination, presumably when the PCBs leaked when the temperature inside the transformer rose enough.
Old machines, components, newspapers, PVC pipes, and paint that have been sent to landfills are also a major source of PCBs. As they degrade, they release the PCBs into the ground and the air, which eventually makes it way to the water. From there it is just a fish net away from entering the human system.