Determining Liability In Amusement Park Accidents

By on 4-12-2015 in Medical Risks, 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 4-12-2015 in Medical Risks, Personal Injury

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 4-12-2015 in Medical Risks, Personal Injury

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 4-12-2015 in Medical Risks, Personal Injury

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.

Business Formation: Is a Limited Liability Company Right for You?

By on 4-12-2015 in Medical Risks, Personal Injury

Starting your own business will involve a long process that can be hard to accomplish. There are important decisions to make and crucial arrangements to be made. After coming up with a marketable idea, the first step of business formation is usually deciding what type of structure works best with your plans. As the website of Arenson Law Group, PC puts it, every type of business structure has its own advantages and shortcomings. It’s important that you learn the nuances that differentiate each type of structure to learn which one suits the type of business you’re planning to run. Only after you have learned about the many types, you can start and make a decision that best suits for you.

One of the legal structures you can consider is a Limited Liability Company or LLC. According to the U.S. Small Business Association (SBA), an LLC provides a legal structure that allows a business to combine certain characteristics that make partnerships and corporations. In an LLC, business owners (called “members”) have limited liability protection, protecting personal assets from lawsuits and debts. The business can also benefit from tax efficiencies and operational flexibility when there are multiple members involved. With an LLC structure, your business will not be considered a separate tax entity. Instead, all the taxes required by federal law will be passed on to the LLC members as part of their personal income tax.

On the flipside to these advantages, the SBA points out that an LLC often have a limited life. Depending on where your business is registered, you might have to dissolve your LLC once a member steps away from the operations. Members of an LLC are also categorized by law as self-employed and will have to follow appropriate policies about tax contributions and similar payments.

It’s important to note that not all businesses will qualify to register as a Limited Liability Company. As mentioned earlier, the structure you choose will depend on what type of business you’re planning to operate. These qualifications and requirements might differ depending on where you live, so it’s best to consult with an experienced business lawyer in your area.