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Premises Liability and Slip and Fall Accidents

Posted by on Apr 2, 2017 in Slip and Fall Accidents | 0 comments

Premises Liability and Slip and Fall Accidents

You are casually walking on a mall when you suddenly slip because of a wet spot on the floor. You end up falling and breaking your arm. If this or something similar has happened, you may have a legitimate lawsuit in the making.

Premises liability is the concept of property owners being legally obligated to make sure that their properties are safe for others. This can be particularly important if the properties are open to the public, such as malls.

One of the most common premises liability claims involve slip and fall accidents, wherein a person in the property has slipped because of a dangerous condition and has fallen to a surface, possibly injuring them. Such accidents can happen anywhere, whether indoors or outdoors.

For indoors, there are a lot of dangerous conditions that may trigger such accidents. The most common are slippery substances, like spilled drinks, inadequate floor waxing products, and leaks from air conditioners and pipes. But it is not unheard of to have slip and fall accidents because of defective escalators and elevators, debris and trash, and carpets and rugs.

For outdoors, the dangers of slip and fall accidents are often associated with poor maintenance. For example, if a property owner does not clean his sidewalk, passersby may slip and fall because of accumulated rainwater, ice, snow, and even leaves. Cracks, potholes, uneven surfaces, and poor lighting conditions are common causes of slips and falls as well.

According to the website of Mazin & Associates, PC, those who have been injured in slip and fall accidents because of the negligence of property owners may get compensation.

Typically, there are certain variables that need to be passed for slip and fall accidents to be viable premises liability claims. It should be proven that the dangerous condition has been caused by the property owner, that the condition has been there long enough for the property owner to see and fix it, and that the condition has led to an accident and injury.

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When Machines Malfunction, Construction Workers Are At Risk

Posted by on Oct 24, 2016 in Construction Accidents | 0 comments

Construction sites are inherently dangerous. With tall structures and heavy equipment in the area, construction workers are at huge risk of getting killed or injured. According to the website of Habush Habush & Rottier S.C. ®, there are many ways that construction accidents can happen. One of the most common causes of construction injuries are defective machinery. Majority of jobs in the construction sites involve tools and heavy machines.

When improperly used or poorly maintained, heavy machines can lead to injuries or death to the worker who is using it. For this reason, it is important that operators of these machines get proper training on how to use them. Power tools, heavy machinery, and other equipment are often included in warning labels due to the dangers they pose. Equipment and machines in the construction site include cranes, jackhammers, forklifts, cherry pickers, and others.

One of the most dangerous pieces of equipment in the construction site is the crane. It accounts for 25 to 33% of all fatal construction site accidents. These accidents may happen as a result of instability, overturning, or overloading with a power line. Scaffolding accidents may be due to improper installation and improper use of scaffold.

Common injuries from defective equipment in the construction site may include amputation, burn, broken bones, concussions, head and neck injuries to name just a few. Victims of defective machine injuries can recover damages by proving the negligence of the liable party which could be the manufacturer of the equipment, property owner, or even co-employees.

Construction accidents can be a complicated process involving more than one party. Determining liability can likewise be complicated so having an attorney to defend you can make the process much easier. They can also help you recover damages from the injuries that you will incur as a result of the accident.

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Available Damages In Aviation Accidents

Posted by on Jun 29, 2016 in Car Accidents | 0 comments

Available Damages In Aviation Accidents

Airplanes are often regarded as one of the safest means of transportation. However, aviation accidents do happen from time to time and they are usually more devastating than other accidents. According to a report by the International Civil Aviation Organization (ICAO), there were 904 fatalities in 2014. This was the highest number in the last five years due largely to tragic accidents such as the Malaysian Airlines Flight MH 370 and Malaysia Airlines Flight MH 17.

According to the website of Williams Kherkher, cases involving airplane crashes are quite complex. It will require much time, energy, focus, and money. They can file a lawsuit against a wide range of parties ranging from the pilot, airport operator, air traffic controllers, and others. The available damages will depend on the facts of the case. Here are some of the damages that surviving family members of the deceased can recover in an aviation accident:

  1. Strict Liability

Pilot error is one of the main causes of aviation accidents. In these cases, liability of the pilot is usually determined by the existence of negligence. Did the pilot fail in acting reasonably in caring for the passengers? If the crash was due to a malfunctioning component, the liability falls on the manufacturer of the aircraft or component. In strict liability against the manufacturer, there is no need to proof that negligence of a person resulted to the accident.

  1. Comparative Liability

In aviation accidents, comparative liability awards damages according to the percentage of liability of each party. For instance, the judge can make the pilot 35% responsible and the manufacturer 65% liable for the accident.

  1. Common Carriers Liability

Commercial airlines belong to a legal classification called “common carriers” and can be held liable under the Common Carrier Liability laws. The Federal Aviation Administration (FAA) sets the rules and regulations involving commercial airlines. Common carrier liability is more stringent than general aviation laws.

  1. Willful Misconduct

Under the Warsaw Convention, willful misconduct may include the following:

  • Prior knowledge that an action would most likely result in injury or damage
  • Wanton disregard that an action could cause an accident
  • Intentional failure to discharge a duty related to safety

Filing An Aviation Accident Lawsuit

Under the Warsaw Convention, there are four possible places for filing a lawsuit:

  • The country where the plane ticket was bought
  • The country of the final destination point for the flight
  • Countries where the airplane is incorporated
  • The country where the carrier conducts business
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Medicare Coverage of Respite Care

Posted by on Mar 13, 2016 in Elder Care | 0 comments

Respite Care, also called Short-term Care, is a specialized program aimed at providing the sick and/or the disabled with temporary care; this may last for a few hours, a few days or a few weeks, or on a weekly or monthly basis. While respite care helps ensure that individuals, especially older adults, are provided with the care, medical attention and assistance to daily activities that they need, it is also designed for the benefit of family members who act as their sick loved one’s caregiver. This short-term care temporarily takes the responsibility of caring for the patient (from the caregiver), to give the caregiver his or her needed break from the strenuous demands of caregiving. According to the Centers for Disease Control and Prevention, respite or a short break is beneficial for the patient and, especially, the caregiver, since studies show that many caregivers experience sudden health declines, experience emotional and physical stress, and experience much difficulty in balancing their career and their own family obligations. By availing of a respite care program, these concerns may be addressed effectively.

Respite Care may be provided in the patient’s own home or outside of it, in a facility, like a nursing home or an adult day care center. For In-home respite, patients are visited by medical staffers, who provide the services needed by patients, like administering medication, pain management monitoring, catheter care, wound care, and behavioral counseling. In-facility respite, on the other hand, requires the transfer of a patient to another facility where he or she is provided with full-time care by medical professionals.

Patients who avail of respite care may expect services which include medication management, meal planning and feeding, personal grooming, dressing assistance, laundry and housekeeping, companionship, and transportation to doctor’s clinics or social engagements.

Availing of respite care, according to SeniorAdvice.com, may just prove to be too expensive for some families, though. Now, while private savings and insurance may help a lot, the site goes on to say that patients may possibly qualify for Medicare or Medicaid.

While a patient can receive respite care (for up to five days at a time) in a Medicare-accredited nursing home facility or hospital (with Medicare shouldering up to 95% of the costs), this is only possible if the patient has a life-threatening illness and meets the requirements for the hospice benefit.

Medicaid, which is designed to complement Medicare and private insurance, provides seniors, children, and those with low incomes, superior health coverage by making families avail of the 1915(c) waiver. This waiver will offset costs of in-facility or in-house services.

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Hospital Negligence

Posted by on Oct 28, 2015 in Medical Accidents | 0 comments

Having a baby in a clinic is recognized as routine today, and many mothers -to-be don’t usually have cause to worry that hospital negligence ultimately causing beginning injuries may occur. However it occurs more frequently than many people think, and when it does, the implications for both the household as well as the baby are usually far-reaching, frequently devastating.

Clinic disregard is defined as the disappointment to offer reasonable treatment to its people. According to the website of the clinic neglect attorneys at the national Driscoll Firm, hospital negligence can take shape as:

  • Anesthesia errors
  • Setbacks in therapy
  • Not enough supervisions that are certified
  • Lost or late examination results
  • Inadequate interaction among stuff that is medical
  • Post- operative infections
  • Medication errors
  • Surgical errors

These apply to the general patient population, including new moms and neonates. In start injuries, clinic negligence takes on unique sorts including the poor utilization of forceps, disappointment to monitor the caretaker and fetus for hardship, loss of blood, or disease, or delays in performing a crisis caesarian section even when plainly suggested.

For example, a child whose oxygen presence is restricted or is subjected during the beginning of their life to brain injury may obtain an ongoing cerebral palsy, a non-progressive problem which can avoid the kid from fully obtaining milestones that are certain in growth and development. Cerebral palsy may be the result of some mistake during birth and the result may be the basis to get a hospital negligence claim, which will be normally submitted by the child’s parents when the situation is first recognized. Nevertheless, it does get specific capabilities and knowledge to conduct a tort state that is proper, so it is advised that authorized representation must be chosen in line with attorney or regulations agency regarding hospital neglect cases’ portfolio.

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