I've got an OBJECTION!

The Enormous Responsibility of Property Owners

Posted by on May 16, 2017 in Personal Injury | 0 comments

Slip and fall accident is one of the top causes of serious injuries in the US. Based on information from the National Safety Council (NSC) Injury Facts, more than 8 million victims of this type of accident are registered every year.

According to the Consumer Product Safety Commission (CPSC), some of the most serious effects of a slip and fall accident are fracture to the hip, torn muscle and ligament, knee injury and broken bones (wrist and/or elbow). People at least 55 years old are the ones most prone to slip and fall accidents and though this may appear as simple accident to many, it is enough to alter an elderly victim’s life, making him/her incapable of further enjoying years filled with worthwhile and fun activities.

A slip and fall accident can occur in any dangerous property, that is, where there are trip hazards that are not noticeable, exposed wires, uncovered metal or wooden pegs, unnecessary clutter, no warning signs, especially on wet surfaces, uneven floors or walkway, moss-filled floors, inadequate lighting along walkways, unstable surfaces, no railings or guardrails, exposed wires, slippery flooring, and so forth. It can happen in hospitals, inside a church, inside a mall or a restaurant, beside a pool, in the office – practically, anywhere, where the owner of a premise is negligent or careless enough as to allow accident-causing elements to remain in his/her area of responsibility.

Sadly, many lack concern in cleaning their own mess, and still many more do not have the initiative to clean their premise – to make sure that everything is safe. This is because it is all too common for property owners to allow unsafe conditions to exist on their premises. In these situations, visitors or tenants may suffer serious injuries, from spinal and brain injuries to amputations to permanent disabilities. And, in the most tragic of circumstances, a person may be the victim of a wrongful death as a result of unsafe premises.

If they do not want to tidy up things for others’ sake, then, at least, they should get rid of any hazard for their own safety. Always, people who are hurt by someone else are those who totally trust that a place, whether public or private, is safe from danger.

Injuries resulting from a slip and fall accident are called personal injuries. Under the law, the person or party liable for such accident is always the property owner. Thus, owners should be aware that after an accident because of their negligence, a claim lawsuit is sure to follow.

On the responsibility of property owners, Oklahoma personal injury lawyers at the Abel Law Firm, say, “Whether a piece of property is a business venture or a private residence, its owners have a duty towards their guests. They are expected to notice and repair any unreasonable dangers their grounds may pose to visitors. If they fail to do so, they can be held accountable for any injuries that people suffer. This responsibility for guests’ safety is legally known as premises liability. Thus, if you have suffered an injury while visiting a negligently maintained home or business, you could be legally entitled to compensation for your related losses.”

Property owners have an enormous responsibility to maintain their premises in such a way that those who visit or live on the property are not unnecessarily put at risk of suffering serious injuries. However, it is all too common for property owners to allow unsafe conditions to exist on their premises. In these situations, visitors or tenants may suffer serious injuries, from spinal and brain injuries to amputations to permanent disabilities. And, in the most tragic of circumstances, a person may be the victim of a wrongful death as a result of unsafe premises.

Read More

Save Your Loved Ones from Sexual Abuse in Nursing Homes

Posted by on Dec 29, 2016 in Elder Issues | 0 comments

Based on records from the Centers for Disease Control and Prevention (CDC), in February 2015, the number of nursing home facilities in the U.S. was 15,700. Nursing home facilities, also called skilled nursing facilities, are places where people, who can no longer be given the necessary care at home, but who do not really need to be in a hospital are brought by their loved ones. These people, or nursing home residents, include: elders, usually 65 years old; individuals who, because of an illness (such as Alzheimer’s or Parkinson’s), require extra care and assistance; and, those needing rehabilitation therapies. CDC records also show that the present number of residents in nursing homes total to 1.4 million.

Due to the frequency of nursing home abuses (as reported over the news), many families are rather opting for assisted living, visiting home health services or caregiving (which will allow older adults to stay at home), especially if the need is custodial care rather than skilled medical attention.

The most common forms of abuses nursing home residents experience are physical abuse, financial abuse, emotional abuse and, the most degrading and wicked of all, sexual abuse. This last type of abusive conduct is committed in various ways, including showing of pornographic materials, forced nudity, fondling, forcing another resident to kiss or touch the victim and, worst of all, forced penetrative acts.

Despite the gravity of the offense, sexual abuse is the least reported type of abuse due to the humiliation the victim feels. Rather than reveal the abuses that he/she is being made to suffer, a victim, instead, becomes withdrawn, silent, sensitive to touch, evasive of eye contact and low-esteemed. Many sexually abused victims also sustain laceration and/or other wounds which they refuse to explain the cause of.

As explained in the website of the law firm Karlin, Fleisher & Falkenberg, LLC, sexual abuse in nursing homes has real consequences for its victims. They begin to feel unsafe around other people and must live with the terror of knowing the abuse could happen again. Unwelcome or non-consensual sexual activity should have no place in nursing homes. Thus, if a family member even has the least feeling of suspicion that his/her loved one may be experiencing sexual abuse, an attorney may be able to help prove it and hold the responsible party accountable.

Read More

Myths About Wrongful Death Claims

Posted by on Nov 22, 2016 in Wrongful Death | 0 comments

Nothing can be more devastating than the sudden death of a loved one. In the time of your grieving, filing a case may be the last thing in your mind. However, a wrongful death claim may just be what you need to get back on your feet financially. When your loved one gets injured in an accident, you have the right to seek damages for the misery that the liable party has caused you.

When filing a wrongful death claim, you may encounter a lot of misconceptions which could affect your chances of getting the compensation you deserve. Here are some myths about wrongful death that you might come across:

Any Relative Can File A Wrongful Death Claim

Depending on which state the case was filed, not just anyone can file a wrongful death claim. In most states, it is the spouse, child, or parents of unmarried children can file a claim. In other states, distant relatives, domestic partners, or the parents of the deceased fetus can recover damages.

There Is No Time Limit When Filing A Claim

Just like any case, you need to file a wrongful death claim within the specified time limit. This will vary from one state to another but you need to file the case within the specified time or else your case can be dismissed or you would not receive any compensation.

Only Claims Concerning Calculated Deaths Will Be Compensated

Wrongful death claims may arise from various circumstances such as medical malpractice, car accidents, or product liability and there are several factors that can affect the result of your claim. Whether the death was intentional or caused by another person, it does not automatically mean that it will be compensated.

The Insurance Company Will Cover Everything

There is a wrong assumption that the insurance company will shoulder all the expenses associated with wrongful death. You should always be ready in case your claim is denied and when the insurance company is not covered by the policy.

Read More

Additional Advantages of Infrared Leak Detection

Posted by on Oct 6, 2016 in Uncategorized, Water Leaks | 0 comments

So many home owners in the U.S. face the same problem: moisture behind walls, beneath their slab floor or over ceilings. This moisture is a major factor in the growth of molds, which, in turn, can cause health and so many other types of problems.

According to the U.S. Environmental Protection Agency, eliminating mold spores in indoor environments is never easy. It only takes as little as 24 hours before mold begins to grow. There is one fact about molds, though: solve the moisture issue and you may just be able to stop molds from spreading and free your house from it for good.

Moisture is usually caused by leaks: plumbing leak, roof leak or leaks behind the walls. It is when a leak remains undetected for some time that it becomes the start of a possible huge and costly problem. Letting professional plumbers do the job of finding and fixing a leak is definitely a wise decision, especially if the source of such leak is hidden, such as behind a wall or underneath the concrete foundation of your house.

One very handy device employed by professional plumbers in locating a leak source is a technological tool that enables them to do infrared leak detection. As explained in the website of the American Leak Detection of Dallas,an infrared home diagnosis will:

  • Detect water leaks and their origin – whether these are in the walls, flooring, or roof;
  • Detect plumbing issues – blockages;
  • Detect pest and rodent nests too besides the leak/s;
  • Detect moisture that cannot be physically be reached with moisture meters; and,
  • Detect electrical “hot spots” which cause potential fire hazards.
  • Results of infrared leak detection are usually captured and documented as professional reports. These are also to serve as tangible proof which is crucial for repair verification and insurance purposes.
Read More

Types of Business Bankrupt

Posted by on Jun 23, 2016 in Finances | 0 comments

The challenges faced by many small businesses are sometimes too much, resulting to these firms thinking if filing bankruptcy would be a beneficial move for them. Bankruptcy is a process that individuals or companies go through to help them eliminate or repay their debts which have increased to an amount that is quite impossible to manage. While individuals file for personal bankruptcies, the type filed by firms are business bankruptcies, which are either liquidations or reorganizations.

The specific bankruptcy chapter that a business may file depends on it form of business. Sole proprietorships, which are legal extensions of the owner (making an owner of a business firm responsible for all assets and liabilities of his or her firm), can file business bankruptcy under Chapter 7, Chapter 11, or Chapter 13. Partnerships and corporations, on the other hand, being legal entities separate from their owners, can file business bankruptcy under Chapter 7 or Chapter 11.

For a firm that really has no future, has no substantial assets, or the debts of which are so overwhelming so that restructuring it would not amount to any benefits, Chapter 7 business bankruptcy may be the best option. A firm filing Chapter 7 bankruptcy, also called Liquidation bankruptcy, simply means that business operations are over.

The firm itself, and whatever assets it has, will have to be surrendered to a court-appointed trustee who, in turn, is tasked to liquidate these and use whatever amount is earned to pay the firm’s creditors. At the end of the bankruptcy case, the sole proprietor will receive a “discharge,” which releases him or her from any further obligation in connection to the debts (this discharge is not available to partnerships and corporations).

If the firm still has a future, then Chapter 11 business bankruptcy would be the ideal choice. This chapter involves a plan wherein financial reorganization is made and the firm allowed to balance its income and expenses, continue earning profits, as well as operations. Reorganization is made under the guidance of a court-appointed trustee, who may also happen to be the owner of the company.

While it is true that many small corporations, limited liability companies, and partnerships shy away from Chapter 11, because it is risky, complex, time-consuming and expensive, many still choose it because it is the only bankruptcy chapter that allows firms to restructure and continue operations.

Chapter 13 business bankruptcy, the third option, but only for sole proprietors, allows business owners to restructure their debt payment plan. For sole proprietors to qualify under Chapter 13, however, their unsecured debt should not be more than $383,175, and their secured debt, not more than $1,149,525.

It its website, the firm Ryan J. Ruehle Attorney at Law, LLC, explains how difficult it can be for business owners to deal with financial problems which could possibly result to the loss of their business. Through business bankruptcy, however, these firms have a way out of these problems and a shot at getting back on solid financial footing.

Read More

How is a Birth Injury Also a Personal Injury?

Posted by on Jan 5, 2016 in Personal Injury | 0 comments

Sometimes, births are simply fated to be complicated. It cannot be helped. In these cases, it is the rare combination of genes that makes these anomalies possible. And yet, these are rare for a reason as, naturally, humans have evolved to a surviving point that child birth is no longer a strictly fatal situation to be in. The rarity of this being a natural phenomenon is not, however, the issue here—it is how common it is for such birth injuries to have been caused by negligence.

If a child has been born with a birth injury due to the negligence of a practicing medical professional, this can call for legal action. For example, if the physician in question outright ignored signs of a potential problem with the birth or vehemently refused to heed second opinions, and this caused for either the mother or the child to suffer disastrous consequences, then that can possibly constitute as a birth injury.

How is it also a personal injury, though? A Philadelphia birth injury lawyer will tell you that a child, no matter how old, is still a person and like any other person—they can still be hurt enough to the point of disability or even death. Personal injury is the legal jargon assigned to the situation regarding injuries suffered by persons who have been victims of an accident that was made possible due to the negligent actions of someone else. The injury need not only be physical in nature but emotional and mental traumas are also two factors that are taken into account during legal procedures such as this.

Read More

Hazard Communication Standard of 1986

Posted by on Sep 15, 2015 in Employment Law, Health | 0 comments

The Centers for Disease Control and Prevention (CDC) says that there are at least 13 million workers in the US whose jobs cause them to be exposed regularly to hazardous chemicals, like Acetone, Acetonitrile, Ammonia, Asbestos, Benzene, Chloroform, Dichloromethane, Ethyl Acetate, Formaldehyde, Hexane, Lead, Methanol, Tetrasodium Pyrophosphate, Titanium Dioxide, and so forth.

Any kind of hazardous agent can cause occupational disorders and diseases, including systemic toxicity, or systemic effects, and occupational skin diseases (OSD), which are actually the second most common types of work-related diseases. While systemic toxicity damages internal organs once the fumes of toxic substances are inhaled, the development of occupational skin diseases occurs when the skin comes in contact with hazardous chemicals. There are several different forms of occupational skin diseases, including irritant and allergic contact dermatitis, skin infections, and skin cancers.

Some of the most common types of workers, who are often exposed to potentially harmful substances, include those in the following industries: construction, agriculture, mechanics, printing/lithography, painting, cleaning, cosmetology, health care and food service.

Employers all the across the US have the responsibility of assuring their employees of a safe and healthy working environment. This responsibility, which is mandated by the Occupational Safety and Health Act (OSH Act) which the United States Congress passed into law in 1970, is enforced by the Occupational Safety and Health Administration (OSHA) which, in turn, was created by OSH Act in 1971. Part of OSHA’s endeavor in maintaining health and safety in all workplaces, but more so in sites where workers are exposed to chemical hazards, it enacted the Hazard Communication Standard (HCS), which took effect in 1986.

The HCS, also called the Worker Right-to-Know Legislation or the Right-to-Know law, gives workers the right to know everything about the chemical hazards they are exposed to and how they can protect themselves from these. To fulfill these, employers are mandated to train their workers on the proper handling and storing of chemical substances, and to provide their workers with the gears that will protect them from any form of harm. Importers and manufacturers are also required to attach warning labels and Material Safety Data Sheets (MSDS) on all of their hazardous products; other than the words ‘poisonous,’ and ‘hazardous,’ product labels must also include information on the product’s potential health effects, emergency first aid instructions, precautions for use, safe storage suggestions, and contact numbers where further information about the products may be obtained.

Many kinds of diseases and disorders caused by toxic substances take time before they manifest their symptoms and, when these do, the illness is usually already in a stage that would require more costly treatment. According to the website of the Williams Kherkher Law Firm, the long-term effects of toxic substance exposure can be seen as a catastrophic injury. It requires much long recovery times, besides the expensive treatments and medication, which are still worsened by the victim’s inability to work as energetically as he/she did prior to the development of the illness.

Quality life and, maybe, a longer lifetime too have been snatched away from millions of workers in the past due to injuries resulting from toxic substances exposure in the workplace. Many of these injuries and early deaths could easily have been prevented, had it not been for some people’s acts of negligence or greed, which made them choose profit over workers’ lives. Some illnesses may never find recovery and deaths will surely never be reversed; however, this does not mean that the victims or their families will no longer be able to seek justice through compensation for all their great losses.

Read More