Posts by Arif

Despite the increase in number of crashes, many people still prefer traveling in an airplane than in any other forms of transportation. Statistically, it is much safer to travel via airplane. However, while they may offer convenience, airplanes are still machines that are prone to malfunction and wear and tear. Airline companies need to ensure the safety of their passengers.

There are different laws that govern airline accidents. The liable persons in an aviation accident may either be the airline itself, the air traffic controller, and others. Negligence in airline companies can happen when the airline company falls short of the required standard of care for the passengers. This could endanger the life of individuals. Most accidents are due to human factors such as failure to communicate with air traffic controller, pilot error.

In an aviation accident, there are more than just one victim and casualties. The problem is that the others involved in an airline accident may not surface and sue the airline just like you. This is where the complex nature of airline accidents arises. Cases like these may take a long time to be resolved and tried. In some instances, the pilot becomes unaware of the situation around him. Before he realizes it’s too late as the accident has already happened.

To become successful with your case, you need to prove the negligent act of the pilot, staff, or even the airline company itself. To ensure their fitness for the job, airline companies should have the duty to provide proper training to their employees. They should be equipped with the necessary training and knowledge in order to be effective in driving.

A life that is loss due to death or injury can never be replaced. However, filing a case against the liable parties can be a good way for the beneficiaries of the damage to get back on their feet and move on from the tragic accident.

Read More

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:

Abuse can arise from several factors. Some of the common signs of neglect may include the following:

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.

Read More

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.

Slippery Surfaces

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.

Read More

The kinds of disabilities or medical conditions that the Social Security Administration (SSA) considers serious enough include:

  • Cardiovascular system disorder;
  •  Digestive system disorder;
  •  Endocrine system disorder;
  •  Genitourinary impairment;
  •  Hematological disorder;
  •  Immune system disorder;
  •  Impairments that affect multiple body systems;
  •  Malignant neoplastic disease;
  •  Mental disorder;
  •  Musculoskeletal system disorder;
  •  Neurological disorder;
  •  Skin disorder; and,
  •  Special senses and speech disorder.

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.

Read More

A trucking accident is almost always severe considering its size compared to other vehicles. 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.

Read More