In accordance to statements made by Toronto car accident lawyers of Mazin & Associates, PC, a car accident is an emotional event that can alter a victim’s life. Still, an individual is under no legal obligation to engage in assistance upon witnessing a car accident. If a situation arises, where someone’s life is at risk, the humane action may be to offer assistance; however, it is up to the moral code of the individual whether he or she wants to assist the victim. There are several reasons why an individual might refuse to offer assistance. Perhaps the person is in a rush or he or she assumes somebody else will stop. The most common reason for inaction, however, is fear.
Fearing they may further injure the victim, individuals choose not to intervene. They do not want to face the legal implications that may occur because of their good intentions. The Good Samaritan Law serves to terminate such inactivity. The legislation protects well-intentioned individuals who offer medical care for victims. Although each state adopted this legislation, there still exist state variations concerning the application of the law. Several states like Alaska, Arizona, Minnesota, and Georgia protect anyone who offers aid to an injured victim regardless of the person’s medical experience or knowledge in emergency care. On the other hand, other states like Michigan, New York, and Utah only extend protection to trained medical personnel who possess an extensive knowledge in medical practice and emergency assistance such as nurses, paramedics, emergency medical technicians (EMTs) and paramedics. Moreover, the location where aid is performed can inhibit whether an individual receives immunity under the Good Samaritan Law. Despite the protection offered by the Good Samaritan Law, otherwise altruistic individuals still refuse to offer assistance due to the law’s different caveats.
The workplace is supposed to be one of the safest places to be in. It is the job of every employer to ensure that the workplace is safe and conducive for their workers. Fayetteville workers’ compensation lawyers of Scudder & Hedrickl, PLLC reveals that workplace accidents can have devastating consequences on a worker. It can bring them tremendous pain and suffering, costly medical bills, and time away from the job.
According to statistics published in the website of Benton Law Firm, there were around 4,400 workers that were killed on the job in 2012. This is a testament to the fact that the workplace can still be dangerous. Let us take a look at some of the most common causes of workplace accidents:
Housekeeping serves as a major indicator of a company’s attitude towards production, quality, and worker safety. A poorly maintained work area makes workers prone to hazards and threats. Good housekeeping is essential in workplace safety.
Neglecting Safety Procedures
Safety procedures are in place for the welfare of every worker. Ignoring these measures intentionally is a recipe for disaster and could endanger the safety of workers. So for your own safety, follow office safety procedures.
Working for 8 hours can be grueling and exhausting. This is the reason why there are breaks in place to give workers time to recharge and recover their energy. Employees should then take advantage of their breaks.
Slick floors and high-traffic areas can also be a source of workplace accidents. Dangerous conditions can also result to premise liability lawsuits.
Stress is one of the leading causes of death. It can have a huge effect on the human body. It can also serve as distractions or can affect workers emotionally, physiologically, and mentally. Fostering a supportive environment can be an excellent way to prevent stress.
Workplace accidents are becoming rampant nowadays. Employer and employee must do their part in minimizing the number of workplace injuries.
What Is The Difference Between A Car and Truck Accident?
When cars and trucks collide, the result could be devastating. Due to their sheer size, any collision with commercial trucks will almost always result to serious injuries or worst death. A Truck accident lawyer in Atlanta will tell you that truck accidents can cause undue suffering to those the driver of the car will leave behind. Truck and car accidents are different in a wide range of aspects.
Perhaps the most obvious difference is the consequence. As they are larger and heavier than cars, accidents involving cars will result to greater harm. Aside from that, the problems associated with trucking accidents can be more costly, complicated and difficult than a car accident. There are unique aspects of truck accidents that make it different from car collisions.
Another difference between truck and car accidents lies in the manner damages are awarded to the plaintiff. In car accidents, as Oklahoma City car accident attorneys from the Abel Law Firm will tell you the plaintiff may be able to receive compensation depending on the circumstances. The central concept in a car accident is to pay the plaintiff in such a way that the surviving loved ones will return to the same position they were before the accident.
In truck accidents, the injured person needs to sue a truck driver for all the injuries and any consequences that arise from the accident. Similarly, the prosecutor can receive compensation for accident-related bills such as medical care, rehabilitation, and others. They can receive damages for pain and suffering, loss of enjoyment of life, loss of consortium, and non-economic damages.
Given the seriousness of truck accidents, most drivers are required to carry insurance with higher liability limits. So unlike in a car accident, the potential settlement value in truck accidents is much higher. Likewise, in a truck accident, the trucking company can be held liable for the accident. In a car accident, there is no one else liable except the driver.
Sex crimes can have a serious consequence on the offender. The fact that they will have to register as a sex offender alone is already a crime. Being convicted of these crimes can seriously alter their life. The seriousness of the offense will also depend on the type of the crime. The category will also determine the penalties and jail sentence. In this article, we shall take a look at the types of sex crimes.
First degree sex crimes involve sexual penetration and the presence of other factors which indicates the severity of the offense. It may involve a minor victim, blood relative, or mental or physical handicap. It may also involve the presence of force or threat.
In second degree sex crimes, there is no sexual penetration but the action involves the presence of several factors mentioned above.
In third degree sex crimes, there is sexual penetration but the other aggravating factors of first degree sex crimes are absent. These offenses involve a victim who is 13 to 16 years old and the offender is a relative.
A fourth degree sex crime is any offense that does not rise to the category of various felonies. The victim is a minor and mentally handicapped and the offender is a blood relative. It also involves force or threat, false pretense or surprise, and unethical medical treatment. Fourth degree sex crimes are misdemeanor offenses but is really a felony.
A sex crime is a serious offense. The charges that will be filed against the offender can really affect their reputation and personal life. They may even find themselves arrested while on vacation. It will now be up to their lawyer to make the charges lighter. Even so, you will be tagged as a sex offender all your life and that alone can be a life changer.
Aside from slip and fall and falling debris, another major accident that can happen in the construction site is electrocution. This is understandable as these areas require high voltage of electricity. Electrical work is a commonplace in the construction site which exposes workers to electrical hazards such as live wires, poor wiring, deteriorated wires, and others. The Occupational Safety and Health Administration ranks electrocution as one of the “Fatal Four” causes of death in construction sites.
According to the Occupational Safety and Health Administration, three are three main causes of electrical accidents in the construction site and they are the following:
Electric Shock. This happens when a finger, hand, or arm is placed across an electric current. As the body is mostly made up of water, it can be a good conductor of electricity. Electric shock can be mild, moderate, or severe. Severe shock can result to respiratory or heart failure
Electrical Burn. These accidents happen when severe electric shock causes the tissues to burn. They can either be external or internal. The internal type can make its way to the bones and deep tissues.
Electrical Fires. Electrical fires when electric current ignites flammable materials. Putting them out with water can be risky as it could cause electric shock.
Flammable materials left near exposed electrical wiring in the workplace
Faulty or substandard wiring
Lack of preventive devices such as ground fault circuit interrupters, three pronged outlets, or polarized plugs.
According to the website of Clawson & Staubes, LLC: Injury Group, electrocution can cause severe bodily injuries or even death. Taking preventive measures is key to lessening fatalities in the construction site.
Dogs do not bite out of the blue. They bite as a reaction to something. This applies not only to aggressive dogs, but also to the cuddliest dogs in existence.
According to the Law Firm of Todd J. Leonard, dog owners can be liable if their pets have bitten another person, especially if the bites have caused injuries like broken bones, disfigurement, lacerations, and scarring, not to mention the emotional and psychological effects of being bitten by enraged animals.
Since even law firms talk about dog bites, it is fair to say that it is a legitimate problem. But it shouldn’t be. We should know the different reasons why dogs bite in the first place, to prevent all the inconveniences of medical costs, attorney fees, and lost time at work or school. Listed below are some of the most common reasons why dogs bite.
Injury or sickness
Lack of patience due to age
Overexcitement, especially while playing
Protecting its owner or its owner’s property
Protecting its own property
Protecting its possessions, such as food
Protecting its puppies
Reaction to pain, like being stepped on the tail
Victim is seen as prey, because it is moving near the dog, like when in a bicycle
As you can see above, dogs bite generally because they are trying to defend themselves, protect something, or react to fear, pain, and instincts.
Aside from the reasons why they bite, it is also important to know the signs when the dog is about to bite, so you can stay away from it if one of the stimulus mentioned above is unavoidable. Some of the signs you should look for include:
Avoiding eye contact
Firming of body
Growling and snapping
Licking lips and yawning
Showing of teeth
Showing of the white of its eyes
Wagging of tail
Dogs do not speak, so they communicate using other means like body language. If you see the signs above, the dog may be anxious, threatened, or generally uncomfortable and about to bite.
When families send their elderly loved ones to nursing homes, it is assumed that they will be given the utmost care for their health and well-being. Unfortunately, these facilities have become a haven of abuse and neglect of the elderly residents. When nursing homes fail to live up to the standard of care required from them, the elderly resident can be subjected to serious injury. Here we will look at the common signs of nursing home negligence:
Poor personal hygiene. Due to their old age and failing health condition, senior citizens may no longer be able to take care of their personal hygiene. They already require assistance with dressing up, brushing their teeth, and other personal hygiene issues. When the elderly resident is neglected and left on their own, chances are they will not be able to manage their personal hygiene needs.
Unsanitary living conditions. Nursing homes also have the duty to keep living conditions safe and clean. Federal law requires that nursing homes should “establish and maintain an infection control program to ensure a safe, sanitary, and comfortable environment for its residents.” The law also requires that they must comply with state requirements for safety and security.
Physical issues due to lack of nutrition. Studies have revealed that about 20 percent of international nursing home residents suffer from malnutrition. As a result, they could experience different kinds of physical problems such as depression, difficulty swallowing, and dehydration.
Loss of mobility. Nursing homes should provide residents with an area where they can move around, exercise, and stay active. Nursing home abuse may cause the resident to be bed ridden for a long time which may lead to loss of mobility.
These are just some of the signs that an elderly resident is being abused by the very facility entrusted to care for them.
Stairs can help individuals move up from one floor to another. For this reason, property owners must ensure the safety of their property and one of them is a structurally sound stairs. Although quite rare, stair accidents do happen when the property owner failed with their duty of ensuring the safety of their premises. The website of Abel Law Firm revealed that unstable stairways can cause serious injuries or even death.
Stair collapse is considered as a “slip and fall” accident and as such is governed by rules on these kinds of accident. In determining liability, the principle of “comparative negligence” is used. Here are some of the most common causes of stair collapse.
A hidden danger in stairs is worn down carpet or wood which contributes to making the “run” part of the stair dangerous. Often a slightly worn stair is more dangerous than an obviously worn stairs because they are unlikely to be noticed by people. Some stairs are made from tile or highly polished wood making them more dangerous than stone.
Wet or Icy Outdoor Stairs
Outdoor stairs should be designed and maintained to prevent excessive buildup of water or ice and should have surfaces that should not become extra slippery when wet. While people should be careful during extreme weather conditions, it is still the duty of the owner to make their premises safe.
Building Code Violations
Every state and county has a building code that needs to be implemented and this code governs stairs. Most codes require the use of handrails and if the lack of handrail led to your fall, the owner can be held liable for your injury for violating the building code.
Building codes also regulate the height or depth of each step of the stair. The vertical part of each step is called “riser” and the horizontal part is called the “run.” If the measurement of both violates the building code, then the stairs are defective.
America’s working group (whose jobs are covered by Social Security) and certain individuals whose disability is included in the list above or who has a health condition, which SSA would find very serious, may be eligible to receive cash benefits from any of the Federal government’s two largest programs: the Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI) .
Social Security Disability Insurance (SSDI) benefits are paid to insured members who are totally disabled. By “insured members,” it means individuals 65 years old or below, who have worked long enough or recently enough, and have earned the SSA-required number of credits through payment of Social Security taxes or Federal Insurance Contributions Act (FICA) taxes (four credits earned every year).
“Disabled,” on the other hand, refers to a type of total disability (including the conditions listed above) that: (i) renders an insured member incapable of performing his/her previous work or any other work; (ii) has lasted for a year or is likely to last for at least a year; and, (iii) can be expected to result in death.
Supplemental Security Income (SSI) program, meanwhile, pays cash benefits to: disabled adults and disabled children (below 18 years old) who have limited income and resources; and, people 65 years old or older who may not have any disability, but who meet the financial limits set under the federal benefit rate (FBR).
As explained by the Hankey Law Office, people suffering from short-term disability are not eligible to receive disability benefits from Social Security; they may receive the cash benefit from their personal insurance provider or, if their disability was sustained while working, from the Workers’ Compensation program.
A trucking accident is almost always severe considering its size compared to other vehicles. According to the website of Ausband & Dumont, accidents caused by a reckless or negligent truck driver always carries a wide range of consequences ranging from medical bills, lost wages to physical and emotional trauma. It is worth noting that an average passenger car weighs 4,000 pounds as opposed to the more than 80,000 pounds of a semi-truck. So when a car gets involved in a crash with a truck, the result is almost always devastating.
When trying to recover the damages, cases would always point at who was responsible for the collision. While the truck driver is often considered as the liable party, this will not always be the case. There are other parties that could contribute to the accident. For example, the accident may have been due to a defective brake, then the fault should not be pointed on the driver but the manufacturer of the truck who failed to ensure that the brake was in good working order.
There were even times when trucking companies tried to avoid any responsibility for trucking accidents. There are several ways they can do this:
First, they apply for the required permits to operate the truck. The company does not own the tractor, trailer, or equipment and instead leases them from another company. They also do not employ the truck driver but hires them as independent contractors from the leasing company.
The trucking company will then give the leasing company its name and its permit number. Once the truck gets involved in an accident, the trucking company will then argue that the driver is not their employee and they do not own the equipment. To remedy such situation from happening, Federal laws now make trucking companies liable for any accidents whether or not the driver is an employee or independent contractor.
When proving liability, the plaintiff must show that the defendants erred in their duty of care and hence should be made to pay for any damages.