Slip and Fall Accidents in Construction Sites

It is fair to say that construction sites are some of the most hazardous work environments. Construction workers are exposed to many dangers, including exposed wires that can cause electrocution, equipment and machines that may malfunction and injure someone, and debris such as metal cuttings and welding fumes. But one of the most overlooked hazard in construction sites is slip and fall.

Slip and Fall as a Hazard

A slip and fall accident happens when a person has slipped, usually because of an object in the floor, and has landed violently. It may sound like a simple accident, but it can actually involve enough force to cause injury and even death. The most common slip and fall hazards in construction sites include:

  • Debris, including dust, metal, wood, and other particles
  • Defective ladders and stairs
  • Holes with no appropriate barriers or warnings
  • Slippery materials on the floor, like grease and oil
  • Tripping hazards, such as loose wires and unattended equipment
  • Unattended construction tools, like hammers

Slip and Fall as a Legal Matter

According to the website of the Law Offices of Ronald J. Resmini, LTD., those who have been injured in construction accidents, including slip and fall accidents, may have legal options. This is especially true if the accident has been caused by the negligence of the employer, supervisor, or maintenance provider of the premises.
This means that these parties should be responsible enough to make sure that their workplaces are safe, not just from slip and fall accidents, but accidents in general. Typically, they can be considered negligent if the following factors are present: the dangerous condition has been directly caused by their actions, the dangerous condition has been there long enough for a reasonable party to see and correct it, and the dangerous condition has injured a person, regardless of whether that person is a worker or not.

How to Avoid Being Kidnapped

You may become a victim of kidnapping because of a variety of reasons, like human trafficking, rape, revenge, extortion, and ransom. It may also have negative effects on your being, such as traumatic stress disorders, nightmares, flashbacks, and anxiety.
But you can avoid all the hassles of kidnapping by avoiding kidnapping altogether. You can avoid being kidnapped by following a few safety precautions.

Be familiar with your surroundings
This is a basic safety tip, but many people seem to overlook it. If you are not from there, familiarize yourself with the norms so you can employ them and blend in with the crowd. Do not wear flashy clothing, jewelry, and other things that may draw attention. Also, know different routes to your usual destinations, such as houses, hotels, offices, and schools. If possible, avoid suspicious areas, such as dark alleys, and be alert of suspicious persons.

Choose the appropriate transportation services
Whether you are from the location or not, always take into consideration the different transportation services in the area and the possible dangers they may pose. Are the trains safe? Do the bus routes include dangerous neighborhoods? Is the taxi you are riding properly registered? If possible, avoid taking public transportation alone, especially if you are aware that there might be dangers in taking it. If you are in a private vehicle, always make sure that your doors are locked and your windows are fully shut.

Shake up your routine
Do you always take the 7:15 train? Do you always ride the bus in a particular bus stop in a particular time? Do you always walk in a specific dark alley on your way home? Maybe others are taking notice of it too, and you should be cautious. Shake up your routine once in a while. Take a different route or stay a little longer at the office to delay your schedule. This way, you are making yourself unpredictable and less vulnerable to planned kidnappings.

Kidnapping can also be a legal issue. According to the website of the defense attorneys of Truslow & Truslow, kidnapping may be subject to criminal defense. This proves that the court hears the side of both accused kidnapper and kidnapped victim. This can be unfair for legitimate cases, but it can also be considered fair for exaggerated and misunderstood instances.

But if you take these safety tips seriously, you are putting yourself in a position where you can completely avoid all these legalities and their possible effects to your life in the aspects of finance, emotion, and psyche.

Know Your Rights In A Wrongful Arrest And False Imprisonment Case

When someone is apprehended without probable cause, the individual being arrested may make the arresting officer liable for wrongful arrest. An individual is wrongfully arrested or falsely imprisoned if they are held against their will or taken into custody. Wrongful arrest is a violation of Federal and tort laws. It is both a criminal and civil offense and hence the plaintiff can recover damages if they file a case.

According to the website of Clawson and Staubes LLC Injury Group, there are circumstances which can lead wrongful arrest to defamation, libel, or slander. Kidnapping can also be considered wrongful arrest since the victim is being held against their own will. It is worth noting, however, that kidnapping is more serious because there is intent to harm on the part of the kidnapper. Since false imprisonment has the same basic actions of kidnapping minus the serious intentions, it is considered a lesser included offense of kidnapping.

False arrest does not necessarily mean the lack of evidence. When a police officer, for instance, commits an act without authority or beyond the scope of their power, they are committing wrongful arrest. Arresting someone based on their sworn statement can be a case of wrongful arrest. For the arrest to be proper, it has to be reasonable and supported by a warrant.

When a person is falsely arrested, Federal and state laws entitles them to receive damages for 1) loss of liberty; and 2) physical and/or emotional pain and suffering associated with being wrongfully arrested. Even if the second condition is absent, a person who experienced false arrest can still receive compensation for loss of liberty. Of course, a person who loses his liberty and suffers pain and suffering is entitled to more damages. Ultimately, it will be the jury who will decide on the amount to be awarded.

Driver vs Employer Liability In Truck Accidents

Whenever a truck accident occurs, the driver is usually the one that gets the blame. However, this is not the case all the time. Depending on the type of accident, other parties may be deemed at fault in a truck accident. The manufacturer of the truck as well as the employer can also be held liable in a truck accident. In this article, we shall take a look at the circumstances the driver or employer is responsible for truck accidents.

Employer Liability

The liability of the employer in a truck accident is governed by the “respondeat superior” theory. Under this principle, employer liability comes in when the accident is unintentional or happened while working. “Respondeat superior” is a Latin phrase which means “let the superior make answer.” This principle goes to show that there are instances when employers are liable for any accident.
According to the website of Zavodnick, Zavodnick & Lasky, truck accidents that resulted from non-compliance with safety regulations is the liability of the employer. When they make their employees work beyond the required number of hours and the driver gets involved in an accident, the fault is with the employer.

Driver Liability

On the other hand, if the accident was intentional on the part of the driver, then the principle of “respondeat superior” ends. This means that the driver has the liability in intentional accidents. If the driver is on his way to their destination but decides to stop for a movie first, the driver is liable if any accident happens.

Driver liability also comes in if they are considered as independent contractors and not employees. So what’s the difference? If the employer has control on the result of the work and not how it is accomplished, then the driver is an independent contractor. If the driver uses his own truck, pays for gasoline and oil and covered by liability insurance, the driver is an independent contractor.

Mediated Divorce: Is This Right Process For You to End Your Marriage?

Lack of communication, misunderstandings and not having enough time for one another can make a marital relationship turn sour, frustrating, painful and stressful. While some couples are able to find solutions to their marital problem that is slowly causing them to drift apart and destroy their marital union, other couples end up hopeless and consider ending their marriage as the only means to having a peaceful life again.

Ending a marital union through divorce is not a painless process. So many marriage counselors and legal professionals say that the divorce process is a very sensitive and emotional procedure, especially with regard to issues such as child custody, child support, visitation rights, spousal support or alimony and division of properties, assets and debts. Despite the the pain brought about by ending a union, the process of making it legal does not need to be equally, if not more, painful and emotionally draining.

Divorce and all other issues related to it are complicated. Worse, many spouses find it very difficult to agree to the demands of each other. Failure to reach an agreement, however, will only result to the divorce and its other issues landing on a family court judge’s desk and, once these issues become a judge’s concern, all decisions will be made by him or her, whether these are acceptable to both spouses. These decisions, or course, are legal, thus, requiring the spouses’ strict compliance, lest they suffer contempt of court.

Though some couples continue to choose to settle divorce in court, many others are now seeking other procedures or a procedure that is faster, cheaper and is not argument-filled. This process also promotes respect and allows the spouses, rather than a judge, to decide on all matters. One process with this kind of nature is called divorce mediation.

Divorce mediation has become a more preferable way of settling divorce due to the many benefits it provides. It is done through the help of an objective and neutral third-party individual, called a mediator, who is usually chosen by the spouses themselves. Though the mediator can share his or her opinion to give light to the issue that need to be settled, he or she can never decide or impose anything on the couple.

This process of mediation offers the following benefits:

  • Allows the spouses to arrive at the most agreeable and workable solutions;
  • Gives the spouses total control of the proceeding and its outcome;
  • Promotes openness between the spouses;
  • This is much cheaper compared to a court hearing and requires lesser time; and,
  • Ensures privacy as the procedure involves only the spouses (with their respective lawyers, if they have one).

Mediated divorce helps preserve the spouses’ respect for one another – an important element which will definitely affect children’s ways of relating to both of them after their divorce. Thus, rather than a painful court experience, which anyone can witness, a peaceful and friendly settlement will definitely be more preferable.

According to the law firm Marshall & Taylor PLLC, while any divorce can be painful, mediated divorces are often a preferential alternative to an in-court divorce. However, it is first necessary to know whether a mediated divorce would really be the most beneficial option for you and your family.

Get Your Life Back By Filing A Wrongful Death Claim

Nothing can be more painful than the sudden and unexpected death of a loved one. It is even more painful if the death was caused by the negligence of another person. In legal parlance this is called wrongful death. Aside from accidents, other circumstances that result to wrongful death include medial malpractice, product liability, and workplace negligence. Wrongful death cases may vary from one state to another but they follow the same principle.

According to the website of Karlin, Fleisher & Falkenberg, LLC, wrongful death can have a powerful impact in the life of a person. For instance, if the unfortunate victim is the breadwinner of the family, it could mean loss of income for them. Figures from the Centers for Disease Control and Prevention revealed that almost 121,000 individuals die due to unintentional injury accidents yearly. It translates to 39 deaths per year per 100,000 people in the United States. The US Department of Justice revealed that 9 out of 10 medical malpractice lawsuits involved wrongful death.

Knowing the effects of wrongful death to your family, you can return to living a normal life by filing a wrongful death claim. The sudden death of your loved one may have left you with huge debts, medical and funeral expenses, and most of importantly loss of income. These losses are difficult to replace so the only way to do so is to file a wrongful death claim.

The Phases of a Wrongful Death Claim

When filing for a wrongful death claim, you have to remember that it may take months or even years for your claim to be resolved. It may take its toll on your finances and may take much of your time. The filing of a case will go through several phases before you get the damages or compensation that you deserve. Due to its time-consuming nature, not all claims would end up with a lawsuit. In fact, some opt for settlement or other alternatives. Here now are the different stages of a wrongful death claim:

Pre-litigation

The pre-litigation phase is the stage wherein the surviving members hire an attorney who will then initiate the filing of the case. Here the attorney will conduct the full investigation of the case and may even interview you and other members of the family. During pre-litigation, the lawyer may also consult experts such as accident reconstruction experts in the case of auto accidents or medical experts if the death was due to medical malpractice.

Generally, the pre-litigation phase is all about assessing the viability of your case. Once again, it is worth noting that wrongful death may necessarily end up with a lawsuit. If possible, the attorney will work out a fair settlement for their client.

Litigation Phase

The litigation phase involves the following stages:

Filing of complaint – wherein the attorney presents a writ to initiate legal proceedings
Responding to the complaint
Discovery Phase
Pre-trial stage which involves both parties educating the judge about the case. Here the jury is also selected and the judge making a conference with the attorneys.
Trial or Arbitration. In this stage, the case is presented to a judge and usually a jury or arbitrator. After the presention of the prosecution and defense, the verdict is rendered and the case ends at this point.
Post-Trial. In this stage, any or all of the parties may appeal or challenge the outcome of the case

In all of the stages of a wrongful death claim, you need to be represented by a lawyer as the entire proceedings in itself may be overwhelming for you.

Car Accidents and What to Do About Them

What comes to mind when car accidents happen are the spectacular ones that happen in movies. Bits of metal flinging about everywhere, explosions of terrible magnitudes igniting everything and everyone in its wake, rubber screeching maliciously against asphalt as two vehicles collide in a cinematic showdown against one another for whatever reason: this is the image that often comes to mind when car accidents are mentioned.

Though situations like this are possible and do happen, unfortunately enough, sometimes car accidents are quieter and more personal – but the effects are just as devastating to the affected individuals, especially the victims and the victims’ friends and family.

There is more than one way to have a car accident. Sometimes, to be in a car isn’t even necessary to be in a car accident; sometimes, all it takes is crossing the road at the wrong time. Any personal injury and car lawyers can enumerate the different kinds of car accidents that can happen: situations involving drunk driving, an error that resulted from negligence in the manufacturing level, highway defects, reckless driving – just to name a few.

Procedures on how to deal with these can be tedious due to the process involved in order to receive compensation. After all, car accidents usually result into significant injury – at the worst case scenario, it can result to even wrongful death. It is usually recommended for survivors of car crashes to contact legal representation immediately in order to be guided intelligently during this intelligent time.

A car crash lawyer would not only have intimate knowledge about the inner workings of a case like this but they would also have the experience necessary in order to handle this kind of case with compassion towards the clients’ affairs. A lawyer would also be well-equipped with a network of professionals in the field who would be able to further help during the recovery process, thereby allowing the victim the freedom from stress that dealing with the aftermath of a car accident can give.

Delayed Treatment

Doctors and nurses are supposed to be some of the most trusted individuals we encounter. We rely on them for our own health and trust them with the health of our loved ones. These honorable careers are certainly difficult jobs, and we hold those who pursue them to a higher standard than most. However, at times these trusted individuals are not deserving of our reliance. At times, the carelessness, negligence, or poor judgment of a medical professional leads to the worsening of a patient’s condition. This is referred to as medical malpractice. One common occurrence of medical malpractice is delayed treatment. It is important for patients or loved ones of patients to be aware of these occurrences so that they can better avoid them.

Delayed treatment occurs when a necessary treatment is not given to the patient in a timely and appropriately urgent manner. According to the website jeffsampsonlaw.com, in most circumstances, the delay in treatment is closely associated with one or more other forms of medical malpractice, including the following: wrong diagnosis, hospital negligence, emergency room errors, or pharmaceutical errors. This delayed treatment is likely to occur because a medical professional incorrectly identified the disease afflicting their patient. It is also likely that a patient was delayed in getting the treatment they needed because of an error or delay in receiving their pharmaceuticals. Even if they were initially prescribed the correct medication, a pharmaceutical error could delay their receiving this treatment or accidentally cause them to initially receive the wrong medication.

In some complicated medical procedures, there is not room for mistake or accident. Sometimes accidents do happen, and in those tragic situations it is hard to hold someone accountable. However, sometimes mistakes occur specifically because of the carelessness or negligence of a medical professional. In these cases, the victim of such a mistake may be owed certain damages.

Congenital Heart Defects: Potential Causes and Effects

Congenital heart defects are serious conditions that cause disruptive effects on a body’s circulation system. These conditions are characterized by issues in the structure of the heart. Normally, a normal heart is comprised by arteries, chambers, and valves that allow for the healthy circulation and distribution of blood all over the body. An individual with congenital heart disease will experience physical symptoms due to abnormalities in the way their heart is structured. This leads to severe consequences that could cause even more complications.

According to the Centers for Disease Control and Prevention (CDC), there are about 40,000 babies born with a congenital heart defect every year in America. Around 25% of these babies are diagnosed with critical defects that require to be treated with surgical procedures even before they turn 1. The total number of both children and adults currently living with some type of congenital heart defect is at the millions. As noted by the CDC, there are about 2 million infants, children, teenagers, and adults currently living with congenital heart defects in the United States. These numbers only prove that raising awareness about this issue is completely essential.

Researchers are still learning the exact reasons for why congenital heart defects occur. In most cases, it is assumed that these serious conditions are caused by genetic factors involving specific changes in genes and chromosomes. According to the CDC, the risk of congenital heart defects increases when these changes coincide to changes in a pregnant woman’s diet and environment. Certain types of food and medication, in conjunction with genetic factors, can increase the potential of congenital heart defects.

A particular study conducted by the College of Family Physicians of Canada examined the occurrence of congenital heart defects and other similar conditions. They found a significant link between the anti-nausea drug Zofran and the occurrence of congenital heart defects. As pointed out by a Zofran lawyer website, investigation of these links support the claims made by mothers with children suffering from congenital heart defects.

Teens Targeted for Mirena Use

Despite thousands of lawsuits filed against Bayer HealthCare for its Mirena intra-uterine device (IUD) for contraception, the German pharmaceutical company makes no bones about its aggressive marketing of the product to teens. It touts the convenience of the device compared to more traditional means of contraception such as birth control pills which requires some discipline and vigilance to really prevent pregnancies. IUDs are “set and forget” contraception; once it’s in you don’t have to worry about it any longer. This is appealing to busy mothers as well as active teenagers.

That is precisely the issue at hand in Mirena litigation; women forget about it until the pain of a uterine perforation or infection kicks in. Claims against Bayer allege that Mirena “migrates” or moves out of place and in many cases, attempting to remove the device was unsuccessful because it could not be found. This is a serious problem, often resulting in infertility, scarring and adhesions.

Bayer predictably downplays the potential risks and side effects associated with Mirena, and it is expected that the uninformed would buy into it. However, the company is also marketing the product to doctors who are surprisingly receptive, advising their teen patients to use the product to prevent unwanted pregnancies. Family planning experts are also noting the trend of patients asking for IUDs as a contraception option.

Because Mirena lawsuits are still tied up in the Southern District of New York and the first trials are not yet scheduled, Bayer is making full use of the time to sell as many of the Mirena IUDs as it can. There is no saying what the verdict will be at the end of the day, but there is certainly no doubt that Bayer is making a killing in the contraceptive device market. The sad thing is that by the time it is proven whether or not Bayer has been negligent and liable for the injuries caused by MIrena, it may be too late for some women.

If you are currently using Mirena, ask your doctor to check if the device is in place. If you have already suffered serious injury from the spontaneous migration of the product, then you will definitely need medical attention. You should also consult with a Mirena lawyer to find out what can be done legally to get compensation for your injuries.

Mirena is but one of many defective pharmaceutical and healthcare products. The companies who manufacture dangerous products often include the costs of settling lawsuits that may crop up due to dangerous and unforeseen consequences in their budgets, which is a prudent move. However, sometimes these products can have deadly risks for which no amount of money can provide restitution.