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Premises Liability

Property owners have the responsibility to ensure that their properties are safe. According to the personal injury website of Ali Mokaram, a negligent party may be held liable if it has caused an injury to an innocent party. In the case of properties, the negligent party may be the property owners, and the innocent party may be visitors or the like.

Finding fault

Though property owners need to ensure the safety of everybody on the premises, there are some states that limit the property owners’ responsibility to invitees and licensees. Invitees are those who have implied permission to be on the property, such as family members, friends, and neighbors. Licensees are those who have implied permission to be on the property for their own purposes.

Trespassers are usually not included in the property owners’ responsibility, but they could be in some cases, especially if they are children. This means that property owners should act to avoid foreseeable risks of their properties to children, whether the children are invitees, licensees, or trespassers.

Common premises liability cases

There are different kinds of premises liability cases. They may happen indoors, such as office spaces and construction sites. They may happen outdoors, like in parking lots, sidewalks, and other walkways. They may happen on private properties, such as houses. They may happen on public properties, like swimming pool resorts and malls.

Premises liability cases may come in many forms, but the following are the most common factors associated with them:

  • Animal attacks such as dog bites
  • Collapsing balconies, porches, and other building parts
  • Defective equipment, such as escalators, elevators, and stairs
  • Inadequate lighting that triggers accidents and injuries
  • Poorly maintained equipment
  • Negligent security services resulting to injury or assault
  • Slippery substances on floors
  • Common injuries

Injuries may vary depending on the kind of premises liability case that has occurred. But since many cases involving tripping, slipping, and falling, some of the most common injuries include:

  • Brain injury
  • Fractures, particularly in the arm, hip, and leg areas
  • Spinal cord injury
  • Sprain
  • Whiplash

But other forms of premises liability cases may make victims more vulnerable to non-traumatic injuries, such as lung complications from inhaling hazardous materials in factories, food poisoning from restaurant negligence, and skin problems because of dangerous swimming pool disinfectants.

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Long Term Effects of Car Accidents

Getting involved in a car accident can be one of the most traumatic events one can experience. It may not kill them, but it can have long-lasting effects that may even span a lifetime. Below are some of the long-term effects of getting involved in a traffic accident.

Lifelong Injuries
One of the most obvious consequences of traffic accidents is injury. At worst, the injury can be long-lasting or even lifelong, especially if it involves the brain and the spinal cord. Brain injuries can lead to reading, writing, and speaking problems, not to mention the issues the victim can experience in his or her sensory functions, such as the sense of touch and temperature.

Spinal cord injuries, at their worst, can result into paralysis. If the victim’s body parts are not disabled, they have limited functions, such as difficulty in walking and grasping objects.
Car accidents can also result into amputations, face deformations, and fractures that can still be painful even after being healed.

Psychological Problems
Even minor accidents are proven to cause anxiety of traveling or getting inside a vehicle, phobia on cars and roads, and post-traumatic stress disorder. Victims are also known to have nightmares about the traumatic event, sleeping and eating irregularities, and depression.

These conditions may last a year or even a lifetime. In these instances, it is important to acknowledge that there is a problem so the victim can get psychological help. Treatment ranges from simple breathing exercises to sleeping medications.

Lifestyle Changes
If a person has been involved in an auto accident, he may have some changes in his lifestyle, for better or worse. For the better, he may start driving safely and being mindful of the other motorists on the road. For the worse, he may have persistent psychological issues that can affect his employment opportunities, family and peer relationships, reputation, and overall enjoyment of life.

If the victim has also sustained a lifelong injury, he has no choice but to adjust his lifestyle to accommodate his bodily limitations.

Car accidents are such serious issues that not only medical professionals talk about them, but also legal professionals, like the Panama City car accident lawyers at the Bruner Law Firm. But at the end of the day, nobody wants medical bills, attorney and court fees, lifelong injuries, long-lasting psychological problems, and unwarranted lifestyle changes. The best thing to do is to be diligent on the road to avoid accidents altogether.

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The Common Signs of Nursing Home Neglect

Nursing homes or convalescent homes are places for people who do not need to be in a hospital, but cannot be cared for at home. Nursing homes should have a registered nurse, a licensed nurse and trained nursing aides who are expected to attain and maintain the highest possible level of physical, mental, and psychosocial well-being of all residents.

In February 2015, the Centers for Disease Control and Prevention (CDC) recorded about 15,700 nursing home facilities in the U.S. and an estimated 1.4 million residents. Residents include: elders, usually 65 years old or older; individuals who, because of an illness (such as Alzheimer’s or Parkinson’s), require extra care and assistance; and, those needing rehabilitation therapies.

Despite promises and guarantee of provision of quality care and medical attention to residents, lack of workers and qualified nurses, as well as putting on duty untrained aides or aides who do not know how to properly attend and respond to the needs of the residents, an actual problem in about 90% of all nursing home facilities, result instead to stressed and overworked personnel, the major reason why the needs of thousands of residents are neglected.

Nursing home negligence or elder neglect is failure on the part of personnel to provide a resident proper medical, physical, or emotional attention. This failure can end up in a dangerous situation, especially if the resident has a serious health condition or is not able to care for himself/herself.

Some of the most common signs of neglect in nursing homes, as listed in the website of the law firm Karlin, Fleisher & Falkenberg, LLC, include:

  • Bedsores and pressure ulcers
  • Injuries from nursing home slip and falls
  • Sudden weight loss
  • Emotional withdrawal by the elder
  • Unusual changes in behavior
  • Dehydration
  • Malnutrition
  • Changes in personal hygiene
  • Lack of friendly interaction with nursing home staff or residents

Much nursing home neglect, according to said law firm, goes unreported because of residents’ fears of retaliation from staff. Left unaddressed, nursing home neglect carries an increased risk of illness, death, injury, and trauma for elders.

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Understanding The Common Reasons Why Dogs Bite

Dogs are man’s best friend. They give you companionship and protection. They can be your walking buddy. You can cuddle them and they can be the sweetest pet you can have. However, dogs can also be your worst enemy. When provoked, they can bite you and the result can be devastating. According to Indianapolis personal injury attorneys at the Hankey Law Office, approximately 5 million people are bitten by dogs every year. From that number, 1 in 6 will require medical attention.

There are many reasons why dogs will bite humans. They do so as a reaction to something. For instance, they bite because they feel stressed out or they are defending themselves or their territory. Another reason dogs bite is because they are not feeling well. Aside from that, dogs bite because they feel threatened. These times are not the best times to approach them or else you could find yourself in deep trouble.

The good news is that there are warning signs you need to be aware of before the dog bites. They may be tolerant at one time and then suddenly bites you. These are some warning signs that the dog is about to bite you:

  • The dog gets up and moves away from the child
  • The canine turns his head away from the human
  • The dog looks at you in a pleading manner
  • The “whites” of the dog’s eyes turns in a half moon shape
  • The dog suddenly starts scratching, biting, or kicking himself

Dogs also have the tendency to nip and bite when playing. These activities may make them overly excited which may cause them to nip or bite. It is best to avoid wrestling or playing tug of war with your dog.

Teaching the dog socialization skills is a good way to keep the dog from biting. By doing so, you are helping the dog become at ease in different situations. You can start this while the dog is still a puppy so they become comfortable in different situations when they get older.

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Grounds and Requirements When Filing for Divorce in Austin, Texas

On the issue of divorce, Texas is known as a “fault” divorce state. This means that a spouse petitioning for divorce should be able to cite valid ground (or grounds) upon which the petition for divorce is based (it is necessary that the spouse petitioning the divorce and citing the fault or ground be able to prove the truthfulness of the ground/s that he or she cited). Under basic Texas Divorce Laws, acceptable grounds for divorce include:

  • Irreconcilable differences or irretrievable breakdown of the marriage due to cruelty by one spouse;
  • Adultery;
  • Conviction of felony. A spouse’s petition for divorce may be granted by the court if, during marriage, his/her spouse has been convicted of a felony and has been imprisoned for at least one year in a Federal penitentiary, in the Texas Department of Criminal Justice, or in another State penitentiary and has not been pardoned; however, if the felony conviction was due to the testimony of the petitioning spouse, then the court will not accept the conviction as acceptable ground;
  • Abandonment for at least one year;
  • Both spouses having lived apart for at least three years without cohabitation; and,
  • Confinement in mental hospital. It is stipulated under Texas Code – Family Code – Chapters: 6.001-6.007 that the court has the authority to grant a divorce in favor of one spouse if, at the time the petition is filed, the other spouse has been in confinement in a state mental hospital or in any private mental hospital in Texas or in any other state for at least three years and that the mental disorder is of such a degree and nature that adjustment is unlikely or, if adjustment occurs, a relapse is likely to occur.

Besides these grounds, a spouse petitioning for divorce must also observe the Texas basic Divorce Law requirement on residency. If these requirements are not met, which may only mean that the court (where the petition has been filed) does not have jurisdictional rights to hear the case, then the petition will either be rejected or eventually be dismissed.

Residency requirements stipulate that:

  • Either spouse has been a resident of the state of Texas for at least six months prior to the filing of divorce and must have been a resident of the county, where the Petition was filed, for the prior 90 days;
  • For the court to have personal jurisdiction over a non-resident Respondent, it is necessary that the last marital residence of the couple must have been in Texas and that the petition is filed within two years after this marital residence ceases to be the couple’s marital residence;
  • If one of the spouses has resided in Texas for the past six months, while the other lives (or has moved) in a different state or country, this spouse living outside of Texas may file for divorce in the Texas county in which his/her former partner lives; and,
  • For Texas residents actively serving in the armed forces and are stationed outside of Texas or the U.S., they are still considered residents of
  • Texas and, thus, may file a divorce petition in the county where they reside. In the case of military personnel who have not lived in Texas, but who have been stationed at one or more military installations in Texas for the past six months or more, and at a military installation in a Texas county for the past 90 days, they are considered Texas residents as well as residents of that county – this stipulation serves the purposes of filing for divorce.

After a petition for divorce has been filed with the Texas county’s District Court, the petitioner must send his/her former spouse (the Respondent) legal notice of the petition. The Respondent is given 21 days within which he/she can file an Answer; if no Answer is filed, then the case is default. This would allow the judge to decide on the divorce case even without the Respondent.

Usually, there is a 60-day waiting period (starting on the date the petition was filed) before a judge grants a final divorce decree. The waiting period can be waived, however, if the court discovers: that the Respondent has been found guilty of domestic violence against the Petitioner or against any member of the Petitioner’s household; or, that the Petitioner has an active magistrate’s order or an active protection order for emergency protection against the Respondent due to domestic violence committed during the marriage.

Furthermore, basic Texas Divorce Laws says that former spouses may not marry before the 31st day after the divorce has been decreed, except if they are to marry each other again, or if good cause is shown to the court.

According to divorce lawyers from the Kirker Davis, LLP, law firm, one of the most successful measures of trial advocacy is in an attorney’s ability to settle a divorce case and resolve it amicably between spouses. They also believe that, if necessary, an attorney must be prepared to zealously advocate their client’s position in a courtroom. Based on this, it is obvious that many divorce lawyers, especially in high-profile divorce cases, represent clients, some even employ tactics that will prolong the case, for bigger earnings – at the expense of their clients. This is why it is of utmost importance that you choose you divorce attorney well. Any divorce lawyer can represent you; however, not everyone will you be able to work well with or, maybe even trust.

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Truck Accidents Can Have Deadly Consequences

A car-log truck collision that happened on Georgia State Road 85 in Ellerslie, Georgia on Nov. 5, 2015 resulted in the death of 56-year-old Santa Rosa Beach, Florida resident Sheree Williams. Preliminary investigations showed that she was headed south past the Green Acres Subdivision when her vehcile collided with a log truck that was headed north.

The website of attorneys at Ausband & Dumont say that trucking is a very life-threatening profession, not only for the truckers themselves but also for the motorists these truckers encounter on the road. They estimate that around 600 truckers die every year as a result of truck accidents in the United States, whether these accidents are the result of their own negligence or due to other factors that may have come into play, like road defects, weather disturbances, or the fault of other drivers.

It is important to take note that it is very easy for a truck to become involved in an accident,mainly because of their size, and because of the lack of flexibility that smaller vehicles are afforded. For instance, a truck can go over in a curve even if the truck driver wasn’t going too fast, if the truck’s rear tires manages to hit something – like a curb – the moment that said truck driver is cornering.

A truck can also roll over when the driver took a rut in soft ground or caught a pavement separation. A way to avoid having an accident when you put a wheel off a pavement is to straighten the truck and immediately brake. Stop at that position and then re-start the vehicle again, instead of trying to go back to the road at the rate of speed you were already using to travel; if you do the latter, there is a big chance that the truck will fall on its side.

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Understanding Personal Injury Terms

When another person’s negligent activities have caused an injury, you could suffer injuries and serious effects which could require extensive medical care as well as for you to miss function. Luckily, you may well be able to recoup financial compensation to cover these damages by submitting a personal injury situation against the responsible party. A personal injury lawyer will probably point out that commoners involved with personal injury lawsuits normally doesn’t have any legal background or teaching; so, they may not understand some basic conditions that are necessary to the situation.

Fortunately, by understanding a number of easy conditions and expressions, it is possible to sort out the basics of your case as well as discuss with judges, attorneys, and other authorized experts without a lot of confusion or frustration.

Understanding Personal Injuries Jargon

As a plaintiff, there certainly are several legal conditions you might come across when researching or working during your situation. By developing a base and knowing a couple of these phrases, you can work through your case with much less opposition. Some important legal terms you should understand are the following:

  • Statute of limitations – A judicial doctrine that restricts the quantity of time you have to file your personal injury situation. You cannot take action at law or pursue fiscal damages once the time limit ends.
  • Compensatory damages – Monetary damages meant to compensate you for any expense you’ve had due to the injury. Contains lost wages, medical bills, and other damages.
  • Punitive damages – Added damages awarded to litigants that are supposed to further punish the defendant for grossly negligent conduct
  • Res judicata – Legal principle that prevents a plaintiff from filing another lawsuit against the exact same defendant for the exact same injuries
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Asbestos Is Not Completely Banned in the US

No one can ever deny the fiber strength of asbestos, a mineral that is also resistant to heat, electricity, fire and most chemicals. This extremely useful, abundant, and cheap substance earned for itself the title “miracle mineral” and became a perfect fire retardant component in the production of hundreds of different things, like boilers, furnace ducts, steam pipes, soundproofing or decorative materials, heat-resistant coatings and fabrics, building materials, like paper products, ceiling and floor tiles, roofing shingles, asbestos cement products, stove-top pads, fireproof gloves, ironing board covers, some hairdryers, brake pads, clutches, gaskets, and transmission parts for motor vehicles. The largest amount of asbestos may have probably been used during World War II, when more than four million US Navy, Marine Corps, Coast Guard personnel, and shipyard workers were exposed to thousands of tons of asbestos as they built battleships.

Asbestos contains sharp, tiny fibers which, when inhaled or ingested, can be embedded in the lungs. These fibers damage the lungs through scarring, resulting to severe effects, which include:

  • Asbestosis – though non-cancerous, this lungs illness, which causes the lungs to deteriorate and make breathing difficult, can lead to fatal results
  • Mesothelioma – a rare type of cancer that affects the mesothelium cells (the protective linings that cover many of the body’s internal organs). The pleura, or the outer lining of the internal chest wall and the lungs, is the most common site damaged by asbestos; other specific areas asbestos can damage are the pericardium (or the sac surrounding the heart), the peritoneum (which lines the abdominal cavity), and the tunica vaginalis (the sac around the testis).

The threat presented by mesothelioma is not only in the fact that it is an irreversible, deadly type of cancer, but also its very long latency period (usually 20 – 40 years), thus majority of those diagnosed with it are already in their senior years, while the illness would be at an advanced stage wherein cure is no longer possible.

To make matters worse, not only workers, who get exposed to asbestos due to their job, are in danger of developing mesothelioma; their family members, who come in contact with the mineral that gets attached to their clothes, hair and hands, can develop the deadly cancer too.

Many lives have been lost due to mesothelioma and many more are expected to develop it because, despite its cause, asbestos, already having been banned in many countries, this mineral continues to be used in the US. According to the website of Williams Kherkher Law, if an employer knowingly exposes you to asbestos, you may be able to hold the company accountable for the danger to your health.

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The Times Beach Incident

Times Beach no longer exists as a town. Until the 1980s, it was a small beach town in Missouri that had a rough history. In 1972, the town hired Russell Bliss to oil their roads before paving them since most of the town was still using dirt roads. The new technique for this included spraying waste oil on the roads. The oil was a combination of Agent Orange, waste clay, and water that was removed from a chemical company in another part of Missouri. Over several years, dioxin was continuously sprayed throughout the city, seeping into the land and water supply of the area.

The U.S. Environmental Protection Agency became aware of the situation soon after and began taking samples of the area to measure levels of dioxin. The levels were 100 times higher than previously considered safe. In December 1982, a flood hit the town and spread the dioxin to previously unaffected parts of the town. The EPA ordered the evacuation of the all residents immediately, removing families from their homes without their belongings.

Over the course of the following decades, over 265,000 pounds of contaminated soil was removed from the area and incinerated. Dioxin is known to cause cancer, skin diseases, birth defects, and immune system disorders. The long-term effects of the residents is still unknown.

Times Beach is now known as Route 66 State Park after decades of cleaning the Dioxin from the land and water. While this may seem like a small success story of how the Superfund Act helps restore the environment, other cities in the U.S. are not so lucky. Due to toxic Monsanto PCBs, the residents of Anniston, Alabama are still struggling with dilapidating diseases such as diabetes and cancer. The manufacturers of chemicals like dioxins and PCBs should be held accountable for the long term effects of illegally dumping dangerous chemicals.

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Pancreatitis with Atypical Antipsychotic Drug Risperdal

A 2002 study found that atypical antipsychotics appear to be associated more with pancreatitis than conventional antipsychotics. Many of the patients on atypical antipsychotics developed the symptoms of pancreatitis within 6 months of taking the medication. This conforms to the findings of a larger 2003 study where more than half (54%) of patients taking Risperdal (risperidone) developed pancreatitis.

The pancreas is a large gland that produces digestive enzymes and releases insulin and glucagon. When the pancreas becomes inflamed, this is pancreatitis. The symptoms include sudden and intense pain in the upper abdomen that may resolve within a few days, or it may become worse. Chronic pancreatitis, on the other hand, is milder but if left untreated can cause irreversible damage to the pancreas.

Other symptoms include vomiting, fever, nausea, and increased heart rate. With severe pancreatitis, the patient may suffer from low blood pressure and dehydration. Eventually, the kidneys, lungs, or heart may fail. Risperdal side effects attorneys state that when the pancreas starts bleeding, the patient may go into shock and die.

There are many reasons why the pancreas becomes inflamed. High alcohol consumption and gallstones are the usual culprits. In antipsychotic drug-induced pancreatitis, it is suggested that Risperdal may disrupt the production of digestive enzymes, causing some of them to remain in the pancreas. This can lead to the enzymes acting on the pancreas itself, leading to some damage and inflammation. It is also suggested that high blood sugar levels (hyperglycemia) associated with Risperdal intake may contribute in causing pancreatitis. In either case, many patients taking Risperdal report that they have had episodes of acute pancreatitis.

If you sustained serious injury from acute pancreatitis while taking Risperdal, it is not something that you can just shrug off. The drug company should have warned you about the risks of pancreatitis. Consult with experienced Risperdal side effects attorneys in your area for more information about your legal options.

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