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Vehicles can get into road accidents in a number of ways. Even when you are very careful when driving and have properly maintained the condition of your vehicle, there are outside factors that can cause car collisions that are beyond your control. Among the most common outside factors that cause car accidents are poor road conditions. When accidents occur because of road problems, who can be held liable?
When the cause of the car accident is due to potholes, wet roads, construction zones, or many other road conditions, then the government agency in charge of ensuring the maintenance and safety of the road can be held liable for the accident, but there are situations where a third party can be responsible. Williams Kherkher states on its website that it is important to first determine who is to be held accountable if you are considering of filing for personal injury claim.
A government agency can be held accountable for a car accident because they are responsible for maintaining the conditions of the roads, and are therefore accountable for any damages that result from roads are not kept reasonably safe for motorists. Not all damages caused by poor road conditions can be held against the government agency. In order for a car accident claim to be legally valid, the cause of the accident should be due to the government agency being “unreasonable” in keeping the road safe, either by not addressing the road issues after they had been reported or neglect in regular inspections that lead to the poor road conditions. The government should have enough time to fix the road problems or otherwise put enough warnings for motorist about the conditions for them to be off any legal hook after a car accident.
The bottom line in filing a personal injury claim against a government agency after a car accident is by proving two important factors: first, that they knew about the poor conditions of the road (or should have reasonable knowledge about it) and second, that they did not fix the problem within a reasonable amount of time which lead to the car accident.Read More
Passenger vehicles are designed with safety and function in mind. When an automobile manufacturer fails to comply with federal safety standards in their vehicles, the driver of that vehicle may suffer through increased risk of a car accident. Automotive defects are expensive to fix and more costly when they defect causes an accident because a permanent injury or the life of an unsuspecting driver is priceless.
The Law Office of Charles D. Hankey states on its website that the most product liability cases for mechanical defects involve negligence, strict liability, and breach of warranty by auto manufacturers. A manufacturer is responsible for the products it develops, produces, and sells to consumers. When there are defective products on the market, consumers are left at risk and with the burden of fixing the problem before becoming injured. For many, the car defect is unknown until it is too late and an accident already occurred.
An accident attorney would probably tell you that automotive defects are not entirely uncommon. Some of the most frequently reported vehicle manufacturer defects involve seat belts, brakes, tires, airbags, and child car seats. These important safety features are imperative for a driver to be safe on the road. When a defect occurs in any of the previously listed areas, a driver and their passengers could suffer head injuries, back injuries, broken bones, or even death. As such, it is a serious issue when a car is defective and that manufacturer negligence causes an accident.Read More
Burns are among the most painful types of injuries anyone can suffer from and it is often surprising how even the slightest burns can sometimes cause unbearable pain.
Accidents that cause burn injuries usually happen in the home more than in the workplace or anywhere else. In fact, records from the National Burn Repository (NBR) of the American Burn Association (ABA) show that 73% of all burn accidents in the US are household-related (workplace accidents only total to 8%) and the most common victims are children and senior citizens.
There are different classifications of burns, each identified based on what caused them:
The severity of skin and tissue damage caused by burns determines what degree of burn a person is suffering from. Burns that affect only the skin’s outer layer are called first-degree or minor burns. These cause reddening of the skin and pain, though the pain these cause is not as unbearable as that caused by second degree burns, which affect the layer beneath the skin.
Some medical professionals say that the worst type of burn injury is a third-degree burn, which damages all of the skin’s three layers (the epidermis, or the skin’s top layer; the dermis; and, the subcutaneous fat, which attaches the dermis to the muscles and bones and the area where blood vessels and nerve cells get bigger and go to the other parts of the body). Others, however, add fourth degree burns, which affect the muscles and bones.
The worst and most dangerous burn degree (whether third or fourth) is also known as full thickness burn due to its depth and extent of damage. Despite its severity and, often, fatal effects, it no longer causes any feeling of pain as the nerves have already been damaged. This type of burn injury may also require amputation of the severely damaged limb, or either skin grafting or microsurgery to reconstruct the affected area of the body.
Awful pain and severe trauma, besides disfigured skin (until reconstructed) or death, are the preceding and consequential results of a burn injury. Everything becomes more painful, however, if the accident, which led to the burn injury, were caused by someone else’s careless or negligent act.
According to the website of the Cazayoux Ewing Law Firm, negligence is the basis of most personal injury cases; as such, this type of injury is, therefore, preventable. Personal injuries are often followed by a tort action or a civil lawsuit that is filed by victims or their families for the purpose of seeking compensation for the harm caused by defendants’ acts of negligence (some defendants settle with victims to avoid the more costly lawsuits).Read More
Are you thinking of purchasing a house? It is, after all, considered the American dream for quite a lot of people in this generation. What with debts and financial instabilities rampant all around, it can be a great feat in itself to be able to purchase a house – and that is why it is the utmost importance that the house you purchase is in accordance to its money’s worth.
In California, a seller is legally required to present a prospective client with a natural hazard disclosure (NHD) report. These documents, though are publicly available through certain agencies or mediums, must be obtained only through legitimate sources. To expand on this, the innovation of technology has allowed for there to be forgeries of every kind – and NHD reports are not exempt from this possibility. Most sellers will not wish to provide you with false information, for fear of the liability that comes with being proven handing out falsities, but it is just as possible for a buyer to be unwittingly not provided with everything that he or she needs to know about the house in question.
When buying a house, the buyer is recommended to practice his or her own investigations about the matter at hand. This can be taken in seemingly small measures, such as by talking to other people who already live in the neighborhood. Some precautions that can also be taken such as taking the liberty of finding out about the nearest facilities necessary such as grocery stores, hospitals, schools, and such. About the house and environment itself, the NHD report you must receive must detail all hazards – all of which are necessary knowledge for you if you have the intention of buying a house.
Natural hazards include the proximity of forest fires – or fires in general – and if they occur near the home, for example. Floods and earthquakes are also hazards, and so are invisible toxins such as asbestos or the previous work of the house’s last tenants (say if the house used to produce illegal narcotics or hallucinogens that could grossly affect the health of people who are unwittingly exposed to it for a prolonged period of time). In circumstances like this, it truly is quite better to be safe than sorry.Read More
Do you want to take a family vacation to Europe this summer? Maybe you want to trade in your Honda for a Porsche. However, disposable income may not allow for you to fulfill your every desire. Fortunately, there are some possessions you can sell that can get you a large chunk of change.
If you think that beat up old car that does not run is not worth any money, think again. A lot of people enjoy fixing up cars as a hobby. Some even believe that the worse the condition of the car the better because they enjoy a challenge. Start by posting your car and its condition on Ebay or Craig’s List and see what kind of response you get.
Although it is not recommended that you start a puppy breeding business, if your dog happens to get pregnant and has a decent pedigree, you can sell her puppies for a lot of money. Even if the puppies wind up being mixed breed, most people do not mind paying a decent amount of money for a new pet.
Do you have three flat screens even though the only time you ever watch television shows is on your laptop? Broke college students across the country would love to take one of those off of your hands for you. In addition to Ebay and Craig’s list, try searching your local college’s buy/sell Facebook page for takers.
You could increase your disposable income drastically if you own mineral rights. However, selling mineral rights is a complicated process. Most people do not have connections to a multitude of serious buyers willing to compete for mineral rights. The best course of action to sell them is through mineral rights brokers. This will ensure that you will get the most money possible out of your property.Read More
The U.S. Equal Employment Opportunity Commission (EEOC) was formed by the US Congress in 1964 for the purpose of enforcing Title VII of the Civil Rights Act (made into law also in 1964). Title VII of the Civil Rights Act is aimed at promoting and protecting the employment rights of all American citizens (and foreigners invited to work or who found work in the United States) by prohibiting any form of discrimination in the workplace on the basis of race, color, religion, national origin or sex (gender). This law should be observed in all aspects of employment, which include hiring and firing, promotion, compensation and benefits, job training, apprenticeship programs, and so forth.
Based on EEOC’s fiscal year record for 2013 (which runs from Oct. 1 to Sept. 30 of each year), the total number of sex discrimination charges filed with the Commission was 27,687 or 29.5% of the total 93,727, making it the third most complained about violation of the stipulations of Title VII of the Civil Rights Act of 1964 (sex discrimination includes sexual harassment and discrimination due to pregnancy).
The first sex discrimination case that was tried in court particularly involved an on-the-job sexual harassment complaint; this case was tried in 1976. Had the victim or complainant chosen to remain silent, it may not have been discovered that sexual harassment in the workplace is very much widespread and that thousands of other victims (both male and female) continue to fall as prey to abusive employers or co-workers.
The EEOC defines sexual harassment as an act through which a perpetrator makes unwelcome sexual advances, asks for sexual favors or makes insulting comments about a person’s sex. There are two possible ways to commit these acts: through what is called the Quid Pro Quo or through creating a hostile work environment. The Quid Pro Quo is committed by a person who has authority, such as a supervisor, employer, etc., Such person makes use of his/her position to ask for sexual favors in exchange for promotion or employment (if the targeted victim were an applicant). To refuse the request can result to non-promotion, turned down application, denial of job benefits, and so forth. In the Hostile Work environment, however, the harasser can also be a co-worker who would make the workplace an intimidating, hostile and offensive, place to make the victim suffer.
It is important that those who feel that they are being sexually harassed or sexually discriminated understand their rights as employees and the possible legal consequences of the unjust acts. The web page of Employment and Labor law firm Cary Kane, http://www.carykanelegal.com offers information which the victim should know. The web page talks about the different violations of the provisions of Title VII of the Civil Rights Act and the legal rights of the victim in the event of such violations.Read More
Spending a cruise vacation in one of the finest cruise liners is an experience that one will never have enough of. While waking up in one of the most exciting cities in the world is really exciting, what a passenger does while waiting to get there is what makes today’s cruise liners the best “floating cities” one will ever be in.
Unlike in the past when cruise line passengers only had the bar, night club, dance floor, lounge area, pools and some other facilities to enjoy, the amenities cruise ships are designed with today will make even a day not long enough for one to enjoy everything. And despite the much bigger crowd on board, as some ships can accommodate up to 4000 people (6000+ in the biggest ship built – the Allure of the Seas) one can always find a space in the ship’s library, cinema, casino, gym, basketball courts, pool tables, ping pong tables, bars, pubs and nightclubs, tax and duty free shops, hair and beauty salon, buffet restaurant, indoor and outdoor swimming pool with water slides, jogging tracks, planetarium, rock-climbing walls, aqua park, bumper cars and many others.
As if these are not enough, cruise lines have also began to introduce shore excursions and other shore activities. These activities, which are either conducted by the cruise line itself or by a private tour company, are intended to make the cruise experience more exciting and adventurous and, sometimes, educational too.
Advertising these excursions as safe, though, can be challenged by any passenger-participant, who can attest that accident-causing injuries do happen during the tour, sometimes even prior to or after it (while the passengers are transported from the boat to the shore, and vice versa, on board tender boats).
Despite the possible inclusion of an article in the excursion contract (that passengers sign), which exempts the excursion provider from legal liability in the event of an accident, a cruise ship injury lawyer definitely will think otherwise and provide legal avenues for the victims to help them receive the compensation that they rightfully deserve.
Hundreds of passengers have been injured in the past, hundreds of lawsuits have also been filed (in the specified in the cruise-ticket contract) and millions of dollars have been paid by companies as settlement payments. One thing victims only have to remember is delay in decision can mean lost chance for compensation. The maritime law gives injured cruise line passengers only 1 year statutory limit (the time within which to file a lawsuit) starting on the day the injury was sustained.Read More