Premises Liability

Posted by on Nov 4, 2017 in Personal Injury | 0 comments

I was out and about at the mall the other day, and I hopped in the elevator to go up a couple of floors to the store I was looking for. When I got in, it started shaking strangely and moved upward. I don’t think it had anything to do with weight capacity, seeing as I’m hopefully under 1,200lbs on my own. As it started upward, it shook again and stopped between two floors. I waited around a little in the elevator to see if anything would change before I hit the alarm button to get help. Nothing happened at first, so I considered hitting the fire marshall button, but I wanted to avoid doing that since it was midday and an employee or technician at the mall should have been able to help me before the fire department would. Or at least, they should.

I sat around beeping the alarm for what felt like 15 minutes. It wasn’t too hot, stuffy or crammed in the elevator at the very least, but I was starting to get really nervous after a little while. Eventually, someone came to the elevator because I’m sure someone heard the alarm and they told me to be patient and that they’d be getting me out as soon as possible. I was honestly just relieved that someone had even heard me, to begin with, it had begun to feel like I was going to be stuck in the elevator overnight. I sat around waiting for the elevator to move or for the door to open, but nothing really happened. They kept someone nearby to continually assure me they’re working on it and probably to keep me some form of company so I wouldn’t freak out. I strangely wasn’t too worried, as soon as I’d known someone was working on getting me out of there, I’d calmed down and lay off the little alarm button. The only thing that irked me is that I was supposed to be on my way to pick up a friend from the bus station, and at this rate, I was going to leave them waiting for as long as I am. The really annoying part was that I didn’t have any reception in the elevator to text him, or anyone else for that matter, about my situation. I couldn’t even stream music or keep myself entertained outside of what awful games I had on my phone. It took them quite a while to get the elevator back down to the original floor it was on, and then opened for me to get out.

Once I’d gotten out, the man waiting near the door with me apologized profusely, and what I assumed was the manager or property manager or something came and shook my hand and continually apologized, saying they had no clue there was anything wrong with the elevator and that they would have fixed it or turned it off had they known. He apologized for taking so long to which I said it’s fine although it wasn’t really. I looked up my legal options with the help of the Brunkenhoefer, P.C. website, later. I didn’t want to make a scene out of it, I just wanted to get out of the mall and over to pick up my friend and others who had blown up my phone in the meantime trying to find out where I am and why I wasn’t at the station. I quickly said that I have to go and took off to pick him up, calling everyone who had contacted me and telling them my great tale of entrapment.

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Mayflower Spoils

Posted by on Aug 20, 2017 in Cruise Ship Accidents | 0 comments

Cruise ships have long been a favorite vacation for many people around the world. Experiencing the wide open seas with not a sliver of land in sight can be eye opening and mind expanding. Unfortunately, the cruises of today are not entirely safe in many regards. Cruise ships can be very dangerous in the way they hold the potential for serious sickness outbreaks due to foodborne illness and other potentially dangerous epidemics. There is a great need for innovation in the way food is prepared and stored onboard large passenger vessels. A large factor is that for each cruise ship there is usually only one food supply and one fresh water supply. This dangerous setup is extremely common for cruise ships. It is in the best interests of the world to collaborate in efforts to solve the issue of food related illnesses aboard cruise ships.

A food related illness can be extremely dangerous for an individual on a cruise due to lack of resources aboard the ship, travel time for emergency transportation to proper healthcare facilities, and potential spreading of the disease to other passengers. While cruise ships do keep doctors aboard in the event of an illness there is still much work to be done in efforts to end the common occurrence of these sickness’. The lack of proper, up to date food safety procedures and facilities plays a large role in the possibility of an outbreak. In many cases, it was found that employees were handling food without proper hand washing and facility sterilization. Additionally, factors like inadequate temperature control of food, contaminated raw ingredients, and cross contamination between food stored improperly and in close vicinities can cause foodborne illnesses. When a large population cohabitates aboard a ship this adds an additional concern of disease spreading to more victims. All of these factors equate to negligence in its purest form. If a passenger does succumb to a food related sickness they are able to seek out compensation with the help of a cruise ship injury attorney from cruise lines and operators. In these events, it is important that the victim take precise accounts of what they consumed and where on the ship it originated from as these diseases are easily contagious. Pathogens from one particular food can spread to other supplies, which then puts the entire ship’s manifest in danger.

In cases of food related illness caused by the negligence of the crew, it is imperative that victims seek medical attention on board as soon as possible. Doing this greatly reduces the chances of disease spread and can decrease recovery time while at sea. The threat of illness due to eating food prepared on the ship can not continue to plague thousands of cruise goers every year.

To conclude, new practices can be implemented in order to prevent further illnesses. These practices would utilize innovative technology that can determine if food is contaminated, reduce spreading of pathogens, and contain harmful bacteria or viruses. The next steps in the fight against foodborne illness will without a doubt coincide with current innovations happening in the food safety industry.

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Dental Treatments that can Keep Your Teeth from further Damage and Replace Your Missing Teeth

Posted by on Jul 12, 2017 in Dental Care | 0 comments

A dental crown is a tooth-shaped cap that is placed over a tooth. It made from a tough substance, like porcelain. A crown can keep your tooth from further decay, damage, cracks and deterioration by capping it.

According to the American Dental Association that a dental crown may be needed in order to:

  • Protect a weak tooth from breaking;
  • Restore a broken tooth or a tooth that has been worn down;
  • Cover and support a tooth with a large filling;
  • Keep a dental bridge in place;
  • Cover severely discolored teeth or a dental implant; or,
  • Make a cosmetic modification.

Materials for permanent dental crowns include stainless steel, metal (such as alloys that have a high content of platinum or gold, or base-metal alloys, like cobalt- chromium and nickel-chromium), ceramic, resin, porcelain or a mixture of any of these materials. Porcelain crowns, though less durable, are typically the most natural-looking option.

Dental bridges, on the other hand, are false teeth fused between a couple of porcelain crowns to fill in toothless areas. These are most beneficial to anyone with missing a tooth or several teeth. Dental bridges help lessen threats of gum disease and help improve speech.

A bridge, according to Great South Bay dentists of Babylon Dental Care, can be constructed from metal, all-porcelain, or a combination of metal and porcelain. You can either choose from a fixed bridge or a removable bridge. 

There are three types of Bridges, namely:

  1. Fixed Bridge. This is the most popular type of bridge. In this procedure, a filler tooth is attached to two crowns over existing teeth to hold it in place.
  2. “Maryland” Bridge. This type of bridge is meant to replace missing front teeth. A filler is attached to metal bands which are bonded to the abutment teeth; these metal bands match existing tooth color with a composite resin.
  3. Cantilever Bridge. This type of bridge is used when there are only teeth on one side of the span. A three-unit cantilever bridge has 2 crowns next to each other on the same side as the missing tooth. The filler tooth connects to the crowned teeth.
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Nursing Home Physical Abuse

Posted by on Feb 6, 2017 in Elder Law | 0 comments

Putting a loved one in a nursing home may be one of the most emotional decisions you can experience in life. But it is a necessary decision that will benefit your loved one and your entire family. Nursing homes are there to make sure that your loved one will get the medical attention he or she deserves, and you should not worry about issues such as abuse. Still, abuse still happens in nursing homes, and this also affects your decision whether to put your loved one in a nursing home or not.

But once your loved one is already in a nursing home, you should be the one who is assertive enough to make sure that he or she is not experiencing some form of abuse. Written below are the signs you should look out for, to determine whether your loved one is experiencing abuse in the nursing home.

Physical Signs
Physical evidence is the easiest to see, because you cannot deny it and it is already in front of you. If your loved one has unexplained bruises, lacerations, wounds, or any kind of injuries, be cautious. Always ask your loved one or the medical staff where the injury has been sustained, and you can judge from there whether the explanation is legitimate or not.

Impatient and unprofessional medical personnel also have the tendency to use excessive force when restraining and trying to discipline elders, resulting into physical abuse. For this reason, you should also look out for abrasions that have resulted from forceful restraints, such as ropes and straps.

Behavioral Signs
Physical abuse can also have emotional and psychological effects to victims. If your loved one has sudden behavioral changes, like withdrawal from social interaction and unwarranted anxiety and fear, he or she may be experiencing physical abuse. If you see these behaviors, be assertive and talk to them about it. If they are not physically able to communicate, be mindful of his or her behavior when a nursing home staff is nearby, as it may be a sign that he or she is experiencing abuse from that person.

Nursing homes are supposed to be places for care and nourishment. Medical professionals know it, and that is why nursing homes have health personnel and medical facilities. Even legal professionals know it, that is why there are some who specialize in nursing home abuse, such as the Bruner Law Firm.

Even though other people are aware that nursing homes should be safe, you should still be the person who is making sure that your loved one is in a safe space. Be mindful of the signs of physical abuse, and don’t be afraid to step up and act once you see them.

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An Overview of Vehicular Assault

Posted by on Aug 21, 2016 in Car Accidents | 0 comments

Driving under the influence or DUI by itself already carries stiff penalties and serious punishments. When the drunk driver causes serious harm or injury to another driver, his charges could escalate to vehicular assault. The website of the Nashville criminal lawyers at Horst Law reveals that such offenses may carry a mandatory minimum sentence of two years or up to a maximum of 12 years. This will depend on the number of DUI charges the driver has on their record.

Depending on the state where the offense happened, vehicular assault may either be a felony or misdemeanor. If the accident caused bodily harm to the other driver, they would be charged with felony and may face several years prison sentence aside from paying stiff fines. For more severe consequences, the charge may be reduced to misdemeanor. Regardless of whether the charge is a misdemeanor or felony, the defendant may be sentenced to jail time.

In some states, a DUI driver may be charged with first, second, or third degree vehicular assault. The first degree charge is considered as felony and second and third degree as misdemeanors. Everything will depend on the circumstances and seriousness of the injury incurred by the other driver. A driver who commits reckless driving or who has a BAC of more than 0.18 is guilty of first degree vehicular assault if someone was seriously injured.

If the charge is felony, the driver can be sentenced with probation or imprisonment of more than five years. For misdemeanor, the sentence ranges from probation or imprisonment or one to two years. The punishment will depend on current state laws and other circumstances such as seriousness of injuries, the number of people who got injured, the ages of the injured, and the criminal record of the defendant.

Lastly, a driver charged with vehicular assault is considered as a threat to the safety of other drivers, vehicular assault may also include temporary suspension of the driver’s license. In order to have their license reinstated, the driver may be required to take remedial classes or pay certain fines.

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Georgia Truck Accident Lawsuits

Posted by on May 15, 2016 in Car Accidents | 0 comments

A log truck that overturned and sent logs to block off Newton Road in Albany, Georgia on Feb. 22, 2016 resulted in one man sustaining critical wounds and getting brought to the Tallahassee Memorial Hospital in Florida via helicopter.

According to Georgia State Patrol Trooper Robert Snyder, the truck rocked up on its side through the curve with all the weight bearing on that side, causing the right front tire to burst and the rim to bite down into the asphalt, thereby pushing the truck off the road and scattering its load of logs all across the road.

The website of Ausband & Dumont says that as much as there had been incidents when a truck accident is caused by the negligence and irresponsibility of a truck driver, there are also times when the driver is blameless, and that the accident is caused not because of any wrongdoing on his part. There can be instances when other people may be to blame for the truck accident that transpired; for instance, people who are employed by the truck company who should have been responsible for inspecting and repairing the truck as needed before it makes its journey on the road and may have neglected to do so. The truck’s load may have been improperly positioned on the truck, or the truck may have been manufactured with defective lights, brakes, tires, among others.

In a truck accident lawsuit, a plaintiff, with the help of his legal counsel, should properly identify the proper parties to sue; it is the common mistake of a new plaintiff without prior experience when it comes to litigating truck accident cases to immediately sue the truck driver for the accident. While in most cases, this is the correct action to take, sometimes other parties should also be lodged a lawsuit as well, such as the manufacturer of the truck, mechanics and maintenance companies, the trucking company, the parts companies, among others.

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Why Should You Have Car Insurance?

Posted by on Dec 4, 2015 in Car Insurance | 0 comments

Ever wonder who pays to get a personal injury claim resulting from an automobile wreck? A lot of people understand that auto insurance is required by law for anyone who wants to drive; for the fixing of an automobile, it pays at precisely the same it when it gets ruined. What many people don’t understand is that it is also the automobile insurance company by way of the third-party liability (TPL) protection (also needed by regulation in many states) which usually pays for any awards in a personal damage match. For this reason defendants such cases are so well -represented; it’s generally the insurer which pays for the attorneys.

Nonetheless, in circumstances where motorists are convicted of driving under the influence (DUI), driving uninsured, driving with no permit, or with a lot more than three traffic infractions, they get their licence suspended and many insurance firms will decline to supply protection, anyhow. It is because drivers signify a high-risk population, along with the tables signify that such clients are not unlikely to cost the company more money than carry it in. With no valid driver’s licence and basic insurance, a person can not lawfully drive in the U.S.

But there is a method to get all these individuals a particular kind of insurance, but it will require an SR-22 filing. Wausau, WI car accident lawyers point out that the SR-22 is a form that an insurance company sends the Secretary of State certifying that the particular person has the necessary insurance to operate a vehicle legally in a specific state, such as Illinois or Indiana, that your insurance provider ensures. The SR 22 certificate is, in addition, a prerequisite for the raising of a suspended license in most states.

The SR 22 insurance may not be cheap to-boot and is typically hard to get, but the level of difficulty and cost changes according to the insurance carrier. When looking for SR-22 insurance, request charges and the level of support in the insurance companies offering it in the applicable state to comparison shop prior to making a choice.

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How Organic (or Eco-Friendly) Dog Food Saves the Planet

Posted by on Aug 12, 2015 in Animals | 0 comments

There has been a recent insistence on going organic when it comes to food, and this is inextricably linked to promoting health. But the concept of “organic” does not exist in a vacuum. It is not merely a product that springs out of nowhere and has no history behind it. Going organic is essentially a process of going back to nature and promoting eco-friendly practices. This way of thinking applies seamlessly to organic dog food as it does to organic human food.

Dog on the waterDomestic dogs mimic the human diet inasmuch as there is a need for a prescribed mix of protein (preferably animal-sourced), fats and carbohydrates to keep healthy. So if you follow this thinking, dogs benefit from agricultural industries the same way as humans do. If organic food products are preferred, this encourages more industries to utilize organic methods of production. This in turn will lead to saving the planet from the effects of environmental hazards.

The rationale behind this reasoning is the nature of organic methods of doing anything. Absolutely no synthetic fertilizers, pesticides, herbicides, and growth or prophylactic hormones are used in connection with any agricultural process. This ensures that the fruits, vegetables, grains and meat that are produced did not contribute to the inadvertent pollution of the soil, water and air, and that the products are likewise free of toxic residues.

When dog food is labeled “organic” in the US, it means that at least 95% of the ingredients used are organic. Check out the nutritional label and the recurrence of the word organic is sure to be prodigious. The use of the term “organic” is strictly regulated by the Food and Drug Administration, so consumers can be sure that it is what it says it is. And because organic dog food is made of organic ingredients, it is logically eco-friendly and helps save the planet.

It should be noted, however, that “all-natural” and “natural” is not the same as “organic.” The term “natural” is not regulated as the term “organic” is, so dog food manufacturers can use it with impunity with no fear of reprisals. Organic dog food is among the most expensive in the market, but it is well worth it. It is not only dog-healthy, it is earth-friendly.

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Hospital Negligence: Naming the Hospital as Defendant

Posted by on Apr 15, 2015 in Hospital Lawsuits | 0 comments

“Respondeat superior,” a Latin phrase which means, “let the master or superior answer,” refers to the legal responsibility imputed on employers for the harmful or injurious mistakes committed by their employees while performing their job; it is otherwise called “vicarious liability.”

This legal terminology is often applied in medical malpractice lawsuits (especially one based on hospital negligence), wherein the hospital, instead of the doctor, a nurse, or a medical technician or staff, is named as defendant. This move is resorted to by many legal experts due to the amount of compensation sought by the victim; an amount which the medical personnel may not have, but which the hospital’s insurance carrier can surely afford. But more than just the compensation is the message that needs to be raised to the hospital’s owner/s and managers: ensure the provision of quality care to prevent other patients from suffering from injurious mistakes.

Medical malpractice resulting to hospital negligence is one of the most alarming realities in the US. In 1999, the Institute of Medicine published a report titled, “To Err Is Human.” It basically laid down a comprehensive strategy that is hoped to significantly reduce preventable medical errors which, the report claimed, caused the death of as many as 98,000 people every year. Instead of declining, though, the number of deaths only almost doubled as the Office of Inspector General for Health and Human Services stated in 2010 that as many as 180,000 patients in Medicare alone die every year due to bad hospital care.

The most alarming news, however, came in 2013 after the Journal of Patient Safety published a study, which said that patient death due to medical errors number between 210,000 and 440,000 each year. This number makes totally preventable medical errors as 2013’s third-leading cause of death in the US, behind heart disease and cancer – the same conclusion arrived at by the Journal of the American Medical Association (JAMA).

A hospital can be accused of negligence through many different ways, including, but not limited to, its failure to:

  • Make sure that it hires educated, properly trained and licensed staff
  • Ascertain that its independent contractors or non-employees, such as an attending physician, possess proper credentials
  • Have enough nurses, technicians and other staff which will ensure provision of proper and timely care to patients
  • Keep patient records properly, resulting to mix up or loss of important records

All these negligent acts can very well result to: a nurse giving the patient the wrong medicine or incorrect dose of medicine; overworked and fatigued nurses and other medical staff due to working much longer than they are supposed to; a nurse or a medical personnel failing to follow treatment instructions; a doctor providing medical treatment that results to infection; a medical staff giving medication that causes severe allergic reactions; failure to treat wounds properly; performing surgery on the wrong patient; amputating, or operating on, the wrong body part, and so forth.

Injuries due to hospital negligence do not only cause in patients additional health damages but also additional costly medical treatment, prolonged disability, a longer period away from work which, in turn, results to loss of wages.

Tennessee personal injury attorneys often understand that erroneous medical treatments can cause life-changing consequences in the lives of innocent patients and their families. Seeking justice, which includes receiving compensation that should cover all present and future damages resulting from the erroneous treatments, requires the help of a seasoned personal injury lawyer, who is capable of a thorough, objective and intelligent review of patients’ specific cases and the possible consequences of filing a civil lawsuit.

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Probate Litigation: Aftermath of Loss

Posted by on Feb 11, 2015 in Law | 0 comments

Dealing with the loss of a loved one is never an easy circumstance and more often than not, complications will arise. This is true especially if the deceased had left behind a hefty sum of belongings and estates that is to be distributed among his or her trustees in the event of their passing. However, there are some beneficiaries who may opt to have the will contested, therefore calling for a probate litigation. Some might opt to prove that the will had not be written or signed while the person was of sound mind while some might believe the will to be as legitimate as claimed to be.

According to the website from the law offices and Peck Ritchey, LLC, there are a variety of reasons as to why anyone would want to contest a will and file for a litigation; it is these minor subtleties that make every case of this nature so complex. Cases of this nature are hardly ever straightforward due to the circumstances and can be cause for more strain for yourself and for your family. Though the equation remains the same but the procedure is tedious and the variables required are incredibly difficult to acquire and prove.

If you were to acquire the help of professional attorneys who specialize in probate law, it could save you a lot of stress and effort that is certainly better aimed towards recovery from the grief. A legal team that already specializes in legal issues of a similar kind already know what to do and how to deal with it, allowing for you to rest well while knowing that your case is being represented by the best kind of people. The services you might want to acquire are those of professionals who will be with you every step of the way.

It is never easy to deal with a situation like this – but it can be made easier, so long as you know who to ask for help.

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