Posts made in July, 2016

Determining Liability On Indoor Slip and Fall Conditions

Posted by on Jul 18, 2016 in Personal Injury | 0 comments

Slip and fall accidents can be quite common indoors. In such situations, the property owner can be held liable for any injuries that happen in their premises if they failed to take the necessary actions to ensure the safety of their environment, which is part of their duty of care to their tenants. According to the website of Pohl & Berk LLP, property owners should ensure that any dangerous surface should be eliminated or else they will have liability for any injuries that will occur. Here are some instances when property owners can be liable for premise liability indoors:

Floors

The premises of an apartment or commercial building should be from wet floors. If the property owner fails to do the following, they could be held liable for the slip and fall accident:

  • The property owner did not sufficiently warn occupants or tenants that the floor is wet or damp
  • The owner of the building did not provide adequate barriers to seal an area where there is a wet floor
  • Excessive use or uneven application of wax or polish
  • Cleaning one part of the floor and leaving the other section uncleaned

Stairs

Stairs are made from materials that can be subjected through wear and tear. Their edges can become rounded which could result to people slipping when they step on them. If the property owner is aware of such condition and does not remedy it, they will be held liable for any slip and fall accident. Additionally, they may have some liability if the following conditions are not corrected:

  •  Worn and rounded steps
  • Presence of debris on the stairs
  • Although the stairs are waxed and polished, the materials do not have a non-skid surface
  • Broken or missing handrail

Escalators and elevators

In the case of escalators and elevators, proper maintenance is necessary to ensure their safety. Slip and fall accidents can happen as a result of sudden movements in the machineries or when clothes, footwear, fingers, hands, or feet are caught in the machinery.

While guests and occupants also have a responsibility in being aware of their surroundings, Oklahoma personal injury lawyers at the Abel Law Firm would say that the burden of responsibility is greater on the property owners.

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Safety Features For Avoiding Car Accidents

Posted by on Jul 17, 2016 in Vehicle Accidents | 0 comments

Car safety features is a necessity these days. There are many factors that can cause accidents so ensuring that you drive a safe car should be at the top of your mind. Although you can always enlist the help of an Appleton car accident attorney, you can also do your part in protecting yourself from car accident related injury by adding safety features to your car.

Over the years, there has been an increase in concern for car safety. For this reason, there is now an influx of safety features that can help prevent drivers or passengers from getting hurt in a car accident. Here is an overview of the latest car safety features available in the market today:

Traction Control

Traction control provides drivers with maximum grip and stability during acceleration. It stops the spinning of the wheel by decreasing engine power or applying brakes to that wheel resulting to a smooth acceleration for the car even on slippery surfaces.

Active Braking System (ABS)

With ABS technology, drivers can get braking support during emergency situations. It comes in different versions. The initial technology gave drivers advanced warning of an impending collision. The more advanced systems provided automatic assistance to drivers in collision prevention.

Side Impact Protection

New models of cars come with increased side door strengths, internal padding, and better seats to enhance protection in side impact crashes. In addition, they come with side intrusion beams and paddings on the inside door panels.

Head Rests

Head rest is a great advancement in preventing whiplash which results from the car extending backward from the torso in the initial stages of rear impact then being thrown forward.

Intelligent Speed Assist (ISA)

ISA warns drivers if they are exceeding the speed limit. It comes with audio and visual warning alerts to remind the driver that they are going too fast.

Electronic Stability Control (ESC)

Electronic stability control helps drivers avoid crashes by reducing the risk of skidding or losing control because of over-steering. It is activated when the driver loses control of his car and uses computer controlled technology to apply individual brakes and bring the car to safety without fish tailing.

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What Are The Available Damages In A Wrongful Death Claim?

Posted by on Jul 16, 2016 in Personal Injury, Wrongful Death | 0 comments

Death is an inevitable fact of life. But when it comes at an unexpected time, it can have a devastating effect on the surviving family members. According to the website of Ausband & Dumont, the sudden death of a loved one can bring emotional and psychological trauma to the family of the deceased. In order to recover from the potential financial trouble that they may incur, the surviving members of the family can file for damages.

While we cannot put a worth on the life of a person, wrongful death claims becomes a means for survival for the family of the deceased person. Newport beach injury lawyers of the Chris Mayo Law Firm agree that the loss of a family member is not an easy thing and can result to long term devastation. When the death of a person is due to the negligence of another individual, the best way to recover for the financial loss is to recover damages.

Generally, there are three types of damages that the survivors of the plaintiff can claim namely economic, non-economic and punitive. Economic damages are the value of the financial contributions that the deceased would have made if not for their death. It may include medical and funeral expenses, lost wages, lost benefits, lost inheritance, and goods and services the deceased could have provided.

Non-economic damages are the less tangible but often more valuable damages. Examples include pain and suffering, loss of protection, guidance, advice, training, and nurturance, loss of consortium for the surviving spouse, and loss of love and companionship.

Punitive damages are awarded to the plaintiff as a punishment for the defendant. In some states, these damages are not available in wrongful death suits. In some states, the plaintiff’s family can collect interest on the damages from the time they were incurred to the time of collection. They can also collect attorney’s fees for the expenses they incurred for filing the case.

Wrongful death claims are governed by “statute of limitations.” In general, the lawsuit should be filed in a span of two years from the date of misconduct. In some states, the time limit can be as short as one year. There are special rules for minors or persons with mental disabilities.

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How a Criminal Record Can Affect Immigration Proceedings?

Posted by on Jul 15, 2016 in Immigration | 0 comments

For someone who is accused of a crime, the first thing that comes to mind is the impact it will have on his immigration status. First and foremost, conviction will have a different definition under immigration laws compared to state criminal laws. For immigration purposes, a person is considered convicted based on a couple of elements: 1) the person was found guilty or entered a guilty plea and 2) the judge ordered some kind of restraint or punishment on the liberty of a person.

An Austin immigration attorney will tell you that being convicted of a crime can pose a serious challenge for their immigration application. Persons who have committed serious crimes may find it difficult to apply for a green card compared to one who has committed low-level crimes. Having a criminal record may result to one of the following outcomes:

  • Denial of your application for lawful permanent residence or naturalization
  • Being lined up for deportation proceedings
  • Detention while removing proceedings are ongoing
  • Deportation to home country
  • Banning from returning to the United States either for a certain number of years or permanently

Under immigration laws, there are certain crimes that can automatically make a person ineligible for a green card. Let us enumerate them.

Crimes of Moral Turpitude and Controlled Substance Violation

Immigration laws define crimes of moral turpitude as one that shocks the public consciousness or involves fraud. Some examples of these crimes include theft, transporting or receiving stolen goods, embezzlement, fraud, adultery, assault, to name just a few.

The good news is that a person who is convicted of crimes of moral turpitude can still be given a green card if they meet one of a few exceptions:

  • The crime was committed by a person below 18 years old, the crime was committed five years ago, and the person is no longer serving jail time
  • The person was charged for a crime with a maximum possible penalty of not more than a year and the actual term of imprisonment was no more than six months. This is often called the “petty offense” exception.

The Immigration and Nationality Act enumerates other crimes that will disqualify a person from getting a green card due to inadmissibility. These crimes include drug trafficking, kidnapping, prostitution, human trafficking, money laundering, and multiple convictions with a minimum total sentence of five years.

Immigration authorities can also have a discretion to deny green card even if the applicant committed a crime that does not match one of the exceptions of inadmissibility.

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An Overview of Defective Medical Products

Posted by on Jul 14, 2016 in Defective Products | 0 comments

Medical devices are supposed to save or extend the lives of patients. While they have revolutionized health care, there has been an influx of defective medical products which have resulted to disastrous consequences and numerous product liability claims. Instead of helping the patient, it ended up bringing pain and suffering and not to mention deaths to some of the patients. What makes matters worse is that most of the manufacturers cover up instead of recall the said products.

Statistics have revealed the worrying state of the medical products industry which makes it even more important to hold manufacturers responsible for their failure to care for the well-being of their patients. In 2013, the Food and Drug Administration has recalled 63 high risk devices, an alarming 350% increased from 2008. Here we will look at some of the dangerous medical products that has made life more difficult for its users instead of easier.

Metal Hip and Knee Replacements

Implants are designed to replace the ball and socket joints of the hip. They generally consist of an artificial ball that fits inside a cup. Metal hip replacements are supposed to be more durable than the ceramic and plastic ones. However, most of the patients revealed that the implants have flawed designs that caused them to fail after only a few years. Aside from that, the implants also allegedly released toxic metals into the body forcing the patients to undergo a painful and costly second surgery to replace the flawed implants.

Risperdal

Risperdal is more popularly known by the name of its active ingredient risperidone, an anti-pyschotic disorder designed for treating symptoms of schizophrenia, bipolar disorder, and autism. According to the website of Williams Kherkher, doctors have unfortunately prescribed the medication for unapproved uses. As a result, they have experienced serious side effects including gynecomastia, characterized by breast enlargement in males. The FDA has issued various warnings associated with the drugs but the manufacturers promoted it for its unapproved use.

IVC Blood Clot Filters

IVC filters are designed for patients who are at risk of developing blood clots due to trauma resulting from an accident or other medical events. They are surgically inserted at the inferior vena cava and are designed to catch blood clots before they reach the lungs and cause pulmonary embolism. However, Bard G2 IVC lawsuit attorneys at Habush Habush & Rottier S.C. reported that some IVC filters caused punctured tissues and organs. The first IVC device caused 27 deaths and hundreds of non-fatal complications.

Power Morcellators

Power morcellators are designed to remove uterine fibroids and perform hysterectomies. It works by chopping off large chunks of tissues and removing them through a small abdominal incision. While it helps reduce recovery time, power morcellators have also been linked to the spread of uterine cancer. The FDA has issued warnings about these devices in 2014.

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