Posted by Laurel on Oct 22, 2016 in Product Liability | 0 comments
Product liability is one area of the law which holds responsible manufacturers, distributors, suppliers, retailers, and all those who are part of the distribution chain for making defective and injurious products available to the public.
Product liability upholds and protects the rights of America’s buying public and intends to end the thousands of injuries that dangerous and defective products cause American consumers every year. This task, of making sure that consumers get exactly what they pay for and not end up taking home a defective or dangerous product, is assigned to the U.S. Bureau of Consumer Protection of the Federal Trade Commission.
A product defect includes, for example, failure to fulfill claims or promises made about a particular product or service, like a universal remote control guaranteed to control any electronic equipment in your home, but ends up controlling only the television set.
Product liability claims imply three things: negligence, breach of warranty and strict liability. Negligence can be blamed on product manufacturers who either failed to do something which ought to have been done or did something that was not part of the production process. Breach of warranty is failure to fulfill claims made about a particular product or service, while strict liability refers to manufacturers’ or sellers’ liability for any injury or harm their product/s cause/s consumers.
Every year, thousands of product liability suits are filed by consumers against manufacturers and/or distributors. The bases of these lawsuits include:
1. Manufacturing error. This is usually an instance of manufacturing accident, that is, when a product either deviates from the actual design intended by the manufacturer or some properties of the good produced end up different compared to others in the same line.
2. Flawed design. Even if only a certain part of a product has been identified as defective, the error will render the whole line of products flawed due to the risk of harm on consumers. One example of this is a faulty airbags that can accidentally deploy even while the car is running; this flaw has resulted to the recall of about 2.12 million vehicles from some of the world’s biggest car makers.
3. Inadequate warning or misleading product label. Manufacturers are legally required to make sure that the label on their products clearly mention: any danger associated with the use of the product; instructions on proper use; and, the correct ingredients of the product.
As explained in the website of the law firm Mazin & Associates, no consumer would assume that the product he/she has purchased is defective and can cause injury. Though he/she may be aware that no product is perfect in make, thinking that it can be harmful is simply not part of his/her thoughts. This is what makes negligent manufacturers totally liable for any harm suffered by unsuspecting consumers who purchase and use their products.
There are many reasons that people riding a motorcycle than any other form of vehicles. First of all, it is convenient. It allows the driver to cut through traffic and reach their destination quicker than other vehicles. But while it offers convenience, it also puts drivers at a huge risk. Due to their size, motorcycles are susceptible to accidents.
No matter how safety conscious you are, you can still get involved in motorcycle accidents. According to the website of Cazayoux Ewing Law Firm, motorcycle accidents are often catastrophic which could often result to injuries or worst death. When involved in an accident, there are certain things that you can do after an accident to reduce its effects on you.
1. Secure yourself
First things first, you need to get yourself out of harm’s way. Get yourself out of the roadway and the incoming traffic. Likewise, watch out for other things that may cause additional harm to you such as vehicles that are leaking gasoline, vehicles or structures that are on fire, structures that could collapse, roadside cliffs or drop-offs.
2. Check yourself for any injuries
Once you have gone to safety, check if you and other people are injured. It is rare for motorcycle riders to leave accidents without incurring any kind of injury. If you or other persons seriously got hurt, you may need medical attention right away. Call 911 immediately. Injuries in the chest and abdomen tend to be the most serious ones.
3. Keep your cool
While staying cool after an accident is unlikely, you need to do so cause it wil only make matters worse. Avoid getting into an argument with the other parties involved in the accident or find fault.
4. Report the accident
A police report can come in handy if you intend to file a case against the other persons involved in the accident. Give as much information as you can. Likewise, the police can help control traffic flow in the area of the accident.
5. Never leave the scene of the accident
Leaving the scene of the crime is one of the biggest mistakes you can make. If you do so, you could find yourself in hot water against the law and charged with “hit and run” especially if there is an injury.
Posted by Laurel on Mar 11, 2016 in Senior Care | 0 comments
In 2013, as many as 5 million Americans were said to living with Alzheimer’s disease, according to the Centers for Disease Control and Prevention (CDC). In 2015, the number of Alzheimer’s patients went up to 5.3 million.
Alzheimer’s, which is a progressive disease that affects that part of the brain that controls thought, memory, and language, is the most common form of dementia, a general term that refers to loss of memory and other intellectual abilities. Alzheimer’s begins with memory loss and could possibly lead to loss of the ability to respond to the environment and carry on a conversation. Scientists are still trying to learn what exactly causes Alzheimer’s disease and thought they know that its best known risk factor is age, they are also aware that the disease is not a normal part of aging.
The symptoms of Alzheimer’s first become manifest after age 60. With no known cure, this disease only worsens with age. Its known symptoms include loss of memory, inability to plan and solve problems, confusion or disorientation, difficulty completing routine tasks, difficulty in forming words (spoken or written), difficulty understanding spatial relationships, poor judgment, and mood shifts. According to the website SeniorAdvice.com, the risk of harm to those affected with Alzheimer’s make Memory Care an important part of medical treatment.
Memory Care, the site continues, is a medical program centered on providing patients with on-site support and supervision. It houses patients in a community, where they are taken care of by doctors, nurses, counselors, dietitians, speech therapists, and other trained professionals; other services, like medication monitoring, personal grooming, meal plans, housekeeping and laundry services, are also provided to patients.
Housing a patient in a community specializing in memory care requires expensive fees, though. While families of patients can always shoulder costs of patient residency from their own savings, there are other sources of funds that may be available for them, like insurance or government assistance, namely Medicaid and Medicare. Seniors, children, and those of low income, who may qualify, may be able to avail of long-term assistance from Medicaid, while qualified patients 65 years old or older may avail of Medicare.
Posted by Laurel on Oct 22, 2015 in Injury | 0 comments
You’ll find likely few issues more tragic than a child being afflicted by delivery incidents that have long-term effects. Aside from the truth of the immediate discomfort and suffering of the kid, the emotional (as well as monetary) affect the parents tend to be considerable.
In line with the website of the Driscoll Firm, delivery incidents happen more regularly than a lot of people imagine even yet in nowadays of modern medicine. Typically, it’s assumed that as much as three start incidents arise each hour in America alone. If one thinks about it this is so usual. After all, labor remains among the most painful activities of individuals, also it doesn’t take much for something annoying to take place. Maybe it’s because of continuous labour, poor prenatal care, breech-birth, cephalopelvic disproportion, or negligence. One beginning damage which happens in as much as 2 out of every 1,000 births is Palsy called Brachial Plexus Palsy.
Erb’s palsy is not instantly an injury that is critical. A network of nerves located in the throat area, from excessive dragging during start if the birth is difficult because the child is too big or injury may arise if you find stress on the brachial plexus. Palsy is actually a type of paralysis; because the brachial plexus is damaged, an action is restricted. The brachial plexus largely handles voluntary activities while in fingers and the supply. Nonetheless, generally palsy can be a condition that is momentary, and also the baby might regain motion within the affected limb within 90 days. In cases where the damage to the brachial plexus is severe, such as for instance when some portion is avulsed or absolutely split, a disability that is whole or subsequently incomplete of that limb for motion that is voluntary becomes permanent. Since the harm occurs at birth, the development of the affected limb is caught, so the problem is literally evident. In such cases, the leg that is fragile is something the delivery injury’s prey must dwell with their lifetime.
It becomes nearly criminal when it’s as a result of medical negligence, although delivery accidents are truly sad incidents. It’s the best of the parents to get a settlement for their child from your liable functions, not merely for costs and that actual discomfort, also for the psychological and mental impact. On obtaining justice to your kid consult well a birth injury lawyer in your town get going.
A no-zone area is just like the blind spots for your car, only a no-zone is a blind spot for a large commercial truck, such as an 18-wheeler. A Tennessee personal injury attorney may say that these areas are large enough to easily fit the average sized car, so it is important to be aware of these locations in order to stay safe.
No-zones are located immediately in front of and behind the truck, as well as an area to either side right behind the driver and passenger doors. These areas are not visible to the trucker even with their mirrors. The truckers are forced to physically turn around in order to check their bind spots before changing lanes or turning. Unfortunately, many truckers chose not to check these areas or forget to check them and accidents occur. An accident between an 18-wheeler and the average car can cause little to no damage to the truck but absolutely demolish the smaller vehicle. These types of accidents are severe and cause very serious injuries.
There are a few things you can remember to do and keep in mind while driving near these large trucks in order to stay away from unsafe situations. Remembering the locations of the no-zones and staying out of these areas is important. However, you also need to remember that large vehicles like these take much longer to slow down, so it is smart to keep a good distance between you and the truck if in front of or behind them. These large vehicles have a very wide turn radius and often have to swing left before making a right turn. Make sure to give them room on either side.
Truck drivers are aware of how large and cumbersome their vehicles are and try their best to drive safely. Most often accidents between a truck and car are at the fault of the driver of the car. Being aware of these unsafe areas will help to keep you safe and reduce accidents.
Posted by Laurel on Mar 11, 2015 in Criminal Offenses | 0 comments
Penalties for drug-related violations have been consistently aggressive across all 50 states in American. This is particularly true for substances like cocaine, which is widely accepted to be highly addictive. In Texas, the Health and Safety Code classifies cocaine as a Schedule I drug. This means that the drug is considered to have a high potential abuse. As such, getting charged with cocaine possession could to lead to harsh punishment and penalties.
A legal firm focused on criminal defense in Houston, should be aware that the penalties of a drug conviction can be difficult to face. Specifically with cocaine possession, convicted individuals may have to pay thousands of dollars in fines and spend a considerable amount of time incarcerated. If you get caught with any amount of cocaine in your possession, you will have to prepare yourself for significant consequences.
Similar to most cases of drug possession violations in Texas, penalties for cocaine possession is primarily determined by the amount carried by an individual. Possessing less than a gram of cocaine could lead to a $10,000 fine and 180 days to 2 years in a state jail facility. A similar fine could be required of those with 1 to 3.99 grams of cocaine. However, they will also have to spend 2 to 10 years in prison. Meanwhile, anyone carrying 4 to 199 grams of cocaine could be subject to a $10,000 fine and a prison stay of 2 to 20 years.
Penalties become even more serious for individuals caught with larger amounts of cocaine. At 200 to 399 grams, perpetrators could pay a $10,000 fine and spend 5 to 99 years in prison. Cocaine possession at 400 grams or more could meet a $100,000 fine and anywhere between 10 to 99 years in prison. Grave violations could also be punished with life imprisonment.
Facing drug-related charges will never be a walk in the park. If you have been charged with cocaine possession, you will need expert legal advice to navigate through the process. It’s best to seek legal counsel immediately. Seek out a lawyer with significant experience in criminal defense to learn your best options.
This time of year, a countless number of roads are covered in ice, making vehicles more susceptible to accidents. The website of the Habush Habush & Rottier S.C.® says that accidents cause not only a physical burden, but a psychological and financial one as well. To avoid getting in a motor vehicle accident this winter, follow these guidelines.
Avoid the pressure to speed or even go the speed limit if the weather is bad. Some major cities have a culture of going above the speed limit, but if you stay in the slow lane, most people will not unleash their road rage on you. If you usually speed in order to get to work on time, wake up a few minutes earlier and take your breakfast to-go to save time while still having a safe commute.
Follow the newest laws of the land and stay off of your phone. Many cities are finally beginning to implement official laws forbidding any sort of cell phone use while driving. If your car does not come with bluetooth, invest in a bluetooth headset to avoid not only accidents, but also heavy fines. If someone is with you while you are driving and navigation is necessary, hand off the responsibility of looking at the GPS to them. If you are alone, however, look at the directions beforehand and make sure your GPS gives verbal directions to avoid having to look down while driving.
Treat driving fatigued the same as driving under the influence. Both cause slow reaction time, which is especially dangerous on an icy road where there is less traction. Take advantage of the new ride share businesses. They may be more expensive than driving yourself, but consider it a small fee in comparison to what you would face if you were in an accident.
According to the website of Abel Law Firm, there is a car accident every eight seconds in the United States. This is far too common to consider precautions unnecessary.
It is always tempting to find the easiest way possible to lose weight. Many people turn to diet pills, not knowing or at least internalizing the risk they are taking by doing so. According to the website of Williams Kherkher, diet pills like Qsymia and Belviq can cause depression, memory loss, cardiovascular damage, language problems, and attention difficulties. If you are looking to lose weight fast and safely, follow these tips.
First, start a food journal cataloging everything you eat. It is common for people to only think about the full meals they ate when contemplating whether they have eaten too much or too little for that day. With a food journal, you are forced to be more self aware and will be less likely to suppress the memory of eating those cookies as a mid-afternoon snack.
It goes without saying that you should be careful about how many calories you consume, but also make sure you are consuming enough. A diet of less than 1,050 calories a day will hinder your ability to exercise and can lead to muscle loss, which will in turn slows down your metabolism. That being said, do not skip meals. A fairly consistent eating schedule will keep your body out of starvation mode and make you less likely to binge eat.
Exercise about an hour a day. Do not fear. It is not as bad as it sounds. If you are not a fan of running or weight lifting, take a Zumba or kick boxing class. Once you start a daily routine, you will eventually want to work out because of how much better it will make you feel.
Lastly, analyze why you are eating. It is common to eat as a form of entertainment or therapy, so every time you head toward the fridge, be honest with yourself about why you are doing so. If you feel as though you must snack just for the sake of snacking, pick something calorie free, like celery.
Posted by Laurel on Feb 1, 2015 in Injury | 0 comments
Personal injury can leave anyone feeling helpless and uninspired. A Milwaukee personal injury lawyer has found that physical pain is a precursor to psychological damage as well. Many are hesitant to create a drug crutch for themselves when they are in such a fragile state, but still need supplements to help with the pain. Luckily, those people can turn to all-natural pain relievers to cope.
When in recovery from personal injury, do not skip out on dessert. Baked goods or any other type of sweet treat have been proven to help with pain relief. If you are not in the mood for sweets or you are watching what you eat, just the smell of cookies or cakes baking can do the trick as well.
Seek out people with the same problem. Being around people that can relate to you can do wonders psychologically. When you share the same type of pain with someone, you tend to feel less alone. Also, you can take a break from able bodied people that may make you feel lesser or like a charity case.
Depending on the severity of your injury, light exercise is extremely beneficial due to the fact that it releases endorphins. Endorphins are our body’s way of treating pain, so even something as simple as going on a short stroll around your neighborhood can benefit you immensely. Being outside also exposes you to vitamin D from the sun, which has also been proven to help with pain relief. If any sort of exercise is beyond your ability, listening to music that is emotionally appealing to you releases endorphins as well.
Pohl and Berk say on their website that nothing can truly erase the physical and psychological pain that comes with personal injury. However, taking care of yourself makes the path to recovery much smoother.
It is a well known fact that marriage is supposed to be difficult, but is there a way to avoid being that complacent couple, together because they don’t want to risk being alone? Where does one draw the line between problems and deal breakers?
The only way to find your own personal answers to these questions is to face the problems you and your partner are experiencing without hesitancy. It is also important be self aware and recognize if your unhappiness is due to your relationship or you yourself. The website of Austin marriage counselor Kathleen Snyder says, “When one or both parties are struggling with deep-seated personal issues, that may negatively impact the relationship.”
Sometimes, figuring out what your problems are is just as difficult as dealing with them. In order to be more analytical, there are many common marriage problems to consider. If you are having trouble, a Houston divorce lawyer can help you figure out exactly what problems you may be having.
Although independence can be healthy, especially for your friendships and careers, leading separate lives can be detrimental to a relationship. You don’t have to take your partner everywhere, but inviting them to office Christmas parties or bringing them around your friends on occasion will connect your lives while still maintaining your own personal identities.
Another thing to be careful about is crossing improper boundaries with friends and co-workers. It is okay to vent or express gratitude to people you trust, but if you find yourself having more intimate conversations with someone other than your partner, keep your distance from that person for awhile and try to re-establish that level of intimacy with your partner.
Does one person in your relationship make all the suggestions for plans or never ask how the other person’s day was? Even if by some miracle the other person does not notice or mind, it still creates an unhealthy dynamic in a marriage. Both parties are equally important, so treat your partner and yourself like so.
Divorce should not be taken lightly. However, if you feel like living with your partner is worse than living without them would be, it is fortunately a socially acceptable option in our modern society.