Getting to Know the Legal Side of My New Pool

By on 8-19-2018 in Uncategorized

I recently put a pool in my backyard. This was a long time coming. My kids are now well into their teenage years, and the wife and I had been planning to surprise them with more aquatic summer fun for years now. But, finances, setbacks, and other priorities came first, and its taken until now to actually put the pool in.

The kids are still grateful, by the way.

But now that Im a pool owner, I sense I have a new responsibility on my shoulders. Im now tasked with keeping people safe from what is usually fun but which can always be a dangerous object right in my backyard. I have to make sure my pool is safe for me and for my family. And for who else?

Well, I did a little research. According to a local Connecticut law office, Jonathan Perkins Injury Lawyers, Im on the hook for quite a lot.

Perkins says there are three kinds of entrants to a pool and that the kind of entrant determines whether Im guilty or not.

The first group is really the one that concerns me. Licensees are people who are welcomed to my pool. So, friends of my kids, friends of mine and their kids, perhaps some neighbors who Im tired of being side-eyed by for not extending an invite sooner. For these people, I have to mention any safety risks and make every effort to keep the pool as safe as possible. Otherwise, in the worst possible scenario, Im at risk of a lawsuit.

The second group doesnt really involve me. Theyre called invitees (which seems the reverse of what it should be to me, since I invitefriends and a business licensesentrance, but whatever, this is why Im not a lawyer), and they are people who visit public pools. Whether theres admission charged or not, if the pool is public, it falls under this category and has certain responsibilities based on that. I suppose I could start charging the neighborhood kids a dollar per swim to get a return on my pool investment, but for now, I dont think I qualify here.

Theres a final interesting group, trespassers. Here, Im not responsible for any accidents that occur to hoodlums, unless those hoodlums are minors. In that case, Im responsible if I havent kept the pool relatively up to snuff on the safety front.

So, what does that all mean to me and my pool? (And you to your pool, if you have one and youre reading this?) It means I need to keep the place clean, safe, slip-free, and perhaps put up a sign or two. Basically, though, I think it means I just need to consider how to keep it safe for my own family and then extend that same level of safety to any visitors, as well as any children who decide to steal a swim in my pool.

That shouldnt be too hard, I suppose. Although now Ive thought of it, I may go in for that dollar a swim idea after all.

Medical show problems

By on 10-06-2017 in Malpractice

I have a hard time watching medical dramas on TV. That may not surprise you, but the reason might. It’s not because I think they’re all poorly written, or derivative of each other. That’s all true, but plenty of shows and genres are the same way. I don’t mind detective shows even though they are all the same every episode. I don’t mind crime investigation shows, even though its true there too. And I don’t mind the silly family issues comedy shows with the laugh track, even though, well, you get the point.

It’s also not that the characters are flat, that they hardly ever change or they change too dramatically to be believable. When it comes to US TV, with the exception of the prestige shows, that’s the case across the board. US dramas are really just one step above soap operas, or at least, those that are on network TV are. There’s HBO, Showtime, AMC, and others for serious drama with realistic characters. Yet, I find myself watching the easy, ridiculous, poorly drawn characters on networks more than I do the well-drawn ones elsewhere. The truth is, I like bad TV. I work hard, and I want vegetable-inducing entertainment when I get home. I get my culture elsewhere.

Just to lay out a few more issues, I also don’t mind that the acting isn’t great (too hyped up usually, with soap opera reactions and long stares before commercial break). And I don’t mind that the sets are so-so. I’m okay with the fact most episodes are repetitive, except for around sweeps.

I don’t care about any of that. It’s all true, but I don’t care. It’s cheesy, it’s crap, but I love it in other genres.

No, the problem is the medicine. I grew up in a family of doctors, and I married a doctor. And though I’m not one myself, I just can’t stand how bad the medicine is. Most of these shows hardly even try anymore. House was ridiculous, and the medicine was crazy, but they did make an effort to get in the ballpark. Scrubs did much better, but that’s long gone now. What we have left is just so far from reality, I can’t watch it. I find myself critiquing the decisions and assumptions of the doctors. I’m backseat medical advising. It’s the opposite of relaxing and turning my brain off.

I also find myself looking for medical malpractice issues. I worked in that area for a while, and I’m hyper-aware of the problems. I see malpractice suits almost every episode. Seriously, look at this list that highlights major areas for lawsuits, then watch a medical drama. Tell me all those folks aren’t already sued into the poor house and left without a medical license.

The funny thing is, my husband doesn’t mind any of this. He loves those shows. And he’s a doctor. I’m not sure if that makes me too sensitive to these issues, or if I should start worrying about his competency to practice medicine.

Signs a child may be sexually abused

By on 6-15-2017 in Sex Offense

Rape is one of the most controversial crimes today, mainly because of the emotions involved. It becomes even more controversial when the rape victim is a child. Rape is bad enough in itself, but child rape is worse because of the involved innocence and extreme vulnerability.

Because of these traits, children may have the tendency to shut their mouths, so their parents, guardians, or the adults around them may not know what these children are going through. As a person who should know better than these children, you should be the one looking at the signs.

Physical Signs

Physical signs are the easiest to detect, because they are clearly visible. The most obvious signs include unexplained wounds, particularly in the genital, anal, and pelvic areas, and in body parts that are often restricted through force, such as the wrists and ankles.

You should also look out for complications, including sexually transmitted diseases and even unwanted pregnancies.

Emotional and Psychological Signs

It is tragic to think that innocent children are experiencing emotional and psychological trauma, especially if it is because of sexual abuse or outright rape. Young victims often have problems with eating and sleeping, like not having the appetite to eat and having nightmares at night.

Also take a good look at their behaviors. If they are intentionally avoiding a specific person or is starting to feel uncomfortable when a specific person is nearby, it is wise to consider that something is up.

Problems with Development

Children are still on their developmental years, both physically and mentally, and traumatic events such as rape can hinder their development. They may go back to habits they have already outgrown, such as wetting the bed. You may also notice that they have a severe disinterest in educational and recreational activities, which can translate to poor academic performance and physical health.

Penalties

According to the website of this Nashville sex offense attorney, rape of a child is a Class A Felony, wherein convicted rapists can receive the following penalties: 25 to 60 years in prison, a substantial fine of up to $50,000, a lifetime of community supervision and placement in the sex offender registry.

Is that enough to warrant the suffering of the young victims? Probably not, but it is bad enough for sex offenders to know that what they have done is something truly terrible.

 

Workers’ Compensation and Disability Claims

By on 3-21-2017 in Worker's Compensation

Getting injured does not just result into pain and suffering, as it can also limit your physical capability. If you are a worker, this puts you on a terrible situation. The injury may be severe enough to make you lose time at work, and worse, you are not going to get paid by losing time at the office.

Treatment costs and the loss of earning capability are very damaging financially, but it is good news that there is such a thing called workers’ compensation. Workers’ compensation is a form of insurance, wherein the employee can get medical cost coverage and salary replacement if he or she has been injured during employment. This, however, can ensure that the employee cannot sue the employer because of the injury.

This can be very helpful financially, especially to those workers who have no savings and rely on their month to month income to live by. Worker compensation claims can be classified as temporary or permanent. This classification refers to the kind of injury that has been sustained.

Temporary disability claims are for those who have sustained injuries that disable them from working temporarily. These injuries can result into partial disability, meaning that the employee can return to work but with limited functions. They can also result into total disability, wherein the employee cannot work until he or she has been fully healed.

Permanent disability claims are obviously more serious, because these claims involve injuries that disable employees from working permanently. Like temporary disability claims, permanent disabilities can be classified as partial or total.

Temporary and permanent disability claims can be very difficult, as there are companies who will do everything just to deny their clients with the financial coverage they deserve. Sometimes, getting the help of legal professionals who specialize on workers’ compensation is the best action these employees can take.

With the help of medical professionals, employees can identify the extend of the damage the injury has inflicted, and from there, they can get the help of legal professionals to make their claims more thorough and viable.

Traumatic Amputations

By on 1-06-2017 in Personal Injury

A traumatic amputation occurs when a body part is lost because of an accident or injury. The most vulnerable parts include the fingers, toes, arms, and legs. It is one of the most devastating injuries one can have, as highlighted in horror and war movies.

Traumatic amputations are generally classified into two types. Complete amputations entirely detaches the body part from the rest of the body, while partial amputations leave soft-tissue connections that give the possibility of reattachment.

Common causes

  • Agricultural accidents, especially with farm equipment
  • Door accidents in buildings and vehicles
  • Explosions, like those that involve fireworks and gas cylinders
  • Job accidents, like equipment issues and not following safety protocol
  • Traffic accidents, including cars, trucks, motorcycles, bicycles, trains, and pedestrians
  • Weapons like bombs and guns

Initial response

  • Stay calm. Traumatic amputations are very frightening, but being in panic doesn’t help.
  • Stay comfortable. Do not move, especially if it causes you pain.
  • Get help. Contact an emergency service provider as soon as possible.
  • Control the bleeding. Apply pressure to the wound directly. If the bleeding is too great, use a tight bandage in applying the pressure. But do not use it for a long time because it may cause other complications.
  • Clean the wound. If possible, remove dirty materials that has the potential to contaminate the wound.
  • Save the body part. Retrieve the amputated part if possible and wrap it in a clean and damp cloth. Put the cloth in a sealed plastic bag and put the plastic bag in an ice water bath.
  • Keep warm. Use a coat or blanket as cover.
  • Wait. Stay put until emergency personnel arrives.

Traumatic amputations can be prevented by using safety gears when operating equipment, fastening your seatbelt when driving, and just generally being diligent by observing safety precautions.

But sometimes, amputations happen because of someone else’s fault. According to the amputation injury lawyers at Mazin & Associates, PC, these incidents can be subject to personal injury lawsuits.

These incidents are probably the worst kinds of traumatic amputation cases. Because of the negligence of another party, you are the one who has to suffer. Such an injustice deserves legal attention.

Stop Using Hyland Teething Tablets IMMEDIATELY!

By on 10-26-2016 in Hyland's Teething Tablet Lawsuit

With regard to its teething tablets, Hyland’s says that these “have rocked the charts by being the #1 infant oral pain reliever ien America! They make nights bearable, days livable, and truly make the teething years way more groovy. Easy to use, no mess, no fuss . . .”

Hyland’s teething tablets temporarily reduce teething discomfort in babies, such as simple restlessness and wakeful irritability. These tablets contain a small amount of belladonna, which is taken from the belladonna plant, a medicinal, yet poisonous plant.

Besides its use as an ingredient in various types of medications, belladonna is also a homeopathic medicine (in homeopathy, a system of alternative medicine, it is claimed that substances which produce symptoms of a disease in healthy people can cure similar symptoms in sick people). Now, Hyland’s claims that its homeopathic teething medicine is a safe, effective and a natural health solution to easing the pain of teething in infants. This claims, however, are never affirmed by the U.S. Food and Drug Administration (FDA), which rather says that there is not enough proof that belladonna is effective for the uses indicated on Hyland’s product labels. Substantiating this statement from the FDA are various studies and the National Institutes of Health’s (NIH) own statement, both of which say that no clinical trials has ever shown that Belladonna is effective for any type of condition. All agree, though, that large doses of the deadly plant can result to overdose that can result to seizure or even death.

Reports of adverse events that are linked to Hyland’s products have resulted to the FDA issuing warnings to parents, first in October 2010 and, then, again just this September or 2016, to stop using teething products (tablets and gels) and to dispose of any other that may still be in their possession. Following the warning in 2016, the FDA received (in October) reports of 400 cases of adverse events of seizures, vomiting and fever, and 10 infant deaths; the agency is now in the process of investigation the possible link of these cases with use of Hyland’s products.

Many websites now discuss about the effects of the belladonna, in general, and Hyland’s teething products, in particular. These websites, such as that of Williams Kherkher at http://www.williamskherkher.com/practice-areas/defective-pharmaceuticals/hyland-teething-tablet-lawsuit/, offer substantial information about teething tablet lawsuit, symptoms of teething tablet toxicity and how to get in touch with a skilled teething tablet lawsuit attorney, especially if you notice your baby displaying any of the symptoms of belladonna poisoning.

Determining Liability In Amusement Park Accidents

By on 6-28-2016 in Personal Injury

Determining Liability In Amusement Park Accidents

Amusement parks should be an epitome of fun and excitement for its visitors. Millions of people go to these places throughout the year for some all-out fun. For this reason, it is the job of the park owner to ensure the safety of the rides and the whole facility. However, this has not been the case given the spate of amusement park accidents. According to the website of Williams Kherkher, people can be at risk if park owners do not have safety regulations in place.

Amusement park injuries can range from mild to severe such as loss of limbs, neck strain and whiplash, shoulder strain, drowning, severe injuries after being thrown off from a ride, fractures, and others. There are many factors that can contribute to accidents and injuries in these facilities such as loose cables, broken safety harness/belt, design defects, or structural flaws.

Grounds for Liability

There are four possible grounds that you can have to make park owners liable for any injury that you may incur.

1. Negligence

State laws require amusement parks to ensure the safety of their facility. So for any injury or accident, you can hold them liable for their negligence in ensuring the safety of their rides or premises. Just like any negligence case, the plaintiff should prove that the defendant failed to practice their duty of care.

2. Product Liability

A product liability claim may be raised by a visitor if the park owner was found to have not made an action in properly maintaining, inspecting, or preventing injury. The plaintiff must prove that the defendant failed to reasonably care for them or could have done something to prevent the injury from taking place.

3. Premise Liability

The plaintiff should prove that the defendant failed to exercise reasonable care in the construction, management, and maintenance of the park premises.

4. Wrongful Death

In recent years, wrongful death cases involving amusement parks have amounted to $1 million in settlements and damages. Wrongful death cases result from the careless, reckless, or negligent act of another.

Filing The Case

To sue an amusement park, you need to gather evidence such as photographs of the ride or the scene of the accident. You should also take not of any conversations with park employees and what actions you took after the accident.
In addition, you need to seek medical attention so the doctor can fully evaluate the extent of your injury. Make sure to keep all the documents as this will help in determining the total amount you need to claim.

Proving negligence in truck accidents

By on 3-07-2016 in Truck Accidents

Many personal injury cases like truck accidents often base their legal claims in someone’s negligence. In accidents involving commercial trucks, the injured person may find it difficult to get compensations as there are many unforeseeable factors that can contribute to the truckers’ negligence.

A person who suffered personal injuries in a truck accident in Georgia must need to prove all the five elements of negligence for him or her to possibly get compensations needed for recovery. Elements of negligence are the following: Duty, Breach of Duty, Cause in Fact, Proximate Cause, and Damages. A person automatically fails to establish negligence if he or she fail to prove any one of the five elements against the defendant. Commercial trucks have duties to ensure that everyone is safe on the road by complying with safety laws and regulations. Truck companies and their drivers can be considered negligent if they fail or violate safety laws. Trucking companies may be held financially liable if they are negligent in exercising standard and basic safety regulations. A person filing for a claim should also note that the commercial truck can only be held liable for the injuries that happened after the incident.

Truck companies may not be held liable if the injuries sustained by the plaintiff took place in another day. Truck accident victims should also prove that their injuries were actually caused by the truck companies’ negligent actions. Actions like, violating hours of work, hiring drivers with improper licenses, and failure to regularly train drivers can held trucking companies liable for injuries. Lastly, a person filing for a negligence claim against a commercial truck company or operator should prove that damages have been done as a result of the negligence. Under the law, bodily injuries and physical injury to a property is considered damages.

Speeding One’s Way Behind Bars

By on 10-14-2015 in Car Accidents

There are millions of cars that fill US roads and highways every day, carrying people to different points of destination. The speed, convenience and comfort that cars give passengers have made these the most ideal means of transportation for Americans. However, like any other type of equipment, if cars are not used or driven safely, then bad results are always high possibilities.

One of the saddest things about driving though is that many drivers do not know how to be responsible on the road. Once behind the wheel, many easily forget all the education, training, advertisements and reminders that tell them about safe driving and road traffic rules that will help keep them away from an accident. Due to this, more than five million vehicular crashes occur every year, with at least 30 thousand resulting to death and more than two million to injuries.

According to the National Highway Traffic Safety Administration (NHTSA), the top four causes of car accidents are drunk-driving or driving under the influence (DUI), reckless driving, speeding and driver error. Speeding or driving above the set speed limit is the third major cause of fatal accidents for drivers, car passengers, pedestrians and other motorists. Every time a driver goes above the speed limit, he or she increases the risk of accident and, so, compromising the safety of so many others. This is because speeding, as proven through studies and actual events, reduces a driver’s reaction time to danger, makes stopping or slowing down a vehicle much harder, and lessens a driver’s control over his/her vehicle.

On a website, Tuscon personal injury attorneys speak of the physical and emotional repercussions of car accidents. But more than the pain and trauma caused by the injury, knowing that the accident was actually caused by someone who chose to compromise the safety of others simply because he or she felt the urge to drive faster, becomes much harder to accept.

Speeding is something that a person willingly chooses to do. It can cause severe harm on anyone which, otherwise, may not even happen if traffic rules would properly be observed. Therefore, it is of serious importance to take these issues seriously and penalize people that do not observe and respect the laws of the road.

Health Insurer Gambles on the Odds

By on 6-10-2015 in Medical Risks

In a surprise move, and contrary to the majority of its competitors, a health insurance company stands fast in continuing to cover the routine use of morcellators despite restrictions by the regulatory body on its use in gynecological surgery.

The Food and Drug Administration (FDA) issued a succession of warnings regarding the dangers posed by using laparoscopic morcellators for hysterectomies and myomectomies. The FDA went so far as to require manufacturers to add a black box warning to their devices. Large hjealth insurance companies such as UnitedHealth Group Inc. and Aetna Inc. scented danger in the air and restricted or withdrew its cover of morcellation in their policies. Health Care Service Corp. (HCSC), however, decided to hold off on a draft policy that would have made morcellation “not medically necessary.”

Power morcellators have been in use since 1991, and it is a highly efficient and minimally invasive way to perform hysterectomies or myomectomies. This is a good thing for everybody concerned. The devil was in the details.

Laparoscopic morcellation involved cutting up the target tissue into small pieces and extracted through the small incision or throught he vagina canal. Everything would have been fine if the surgeon was able to get everything out, but in most cases small pieces of tissue was left behind in the uterine or abdominal cavity. If the tissue, usually a uterine fibroid mass or the uterus itself, contained hidden cancer cells, the scraps of tissue act like seeds and spreads the cancer. In other words, morcellator use and cancer growth appeared to be linked.

However, this did not scare HCSC into running for the hills. The company is keeping its ears close to the ground, waiting for the first sign of real trouble. They have the support of the American College of Obstetricians and Gynecologists, which wants the patient to have the freedom to decide on what option to take, provided that the doctor tells the patient about the pros, cons, and options for the procedure.