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Common Child Accidents Caused by Adult Negligence

It can be argued that children are inherently at risk of accidents and injuries. First, they have the tendency to be too curious and reckless. Second, they may be mentally limited to be aware of the hazards around them. Third, they may be physically limited to protect themselves, even if they are aware of the possible dangers.
As the fully functioning adult, you should be the one responsible of ensuring the safety of children. In fact, according to the website of The Benton Law Firm, children who have been injured because of somebody else may take legal action, such as trying to get compensation from the damages. So, you are not just morally obligated to protect children, as you are also legally obligated to avoid injuring children through negligence and recklessness.

Burning Accidents

Children should be supervised at all times, especially if they are around objects that can potentially burn them, such as heated pots and boiling water in the kitchen, electronic devices, faulty wiring systems, and fire sources such as matches and lighters.

Defective Child Products

You should also be wary of the childcare products and toys you give to children, because they may have defects that can potentially harm them. Age-inappropriate toys, choking hazards, and products with dangerous materials are some of the most common dangers associated with childcare products and toys.

Dog Bites

You dog should also not be too accessible to children, because these children may do behaviors that may trigger a violent reaction from the dog, such as petting it when it doesn’t feel well or trying to get its possessions.

Drowning

Swimming pools should have barriers around them so children attracted to the water will not accidentally fall. Adults who have children with them near water should also be mindful of their children’s actions.

Playground Accidents

Playgrounds may be recreational spaces, but they can be places for accidents, like when playground equipment, such as seesaws, slides, and swings, malfunction and injure children. In these instances, the owner, supervisor, or maintenance provider of the playground may be held liable.

What Are The Medical Costs Associated With Car Accidents?

Everyday millions of people get injured or die in car accidents. After the crash, the people who were involved in the accident would require medical attention for the injuries they sustained. According to a report by the National Highway Traffic Safety Administration (NHTSA), medical costs and lost productivity accounted for 82 percent of expenses for non-fatal injuries in 2010. In that same year, present and future medical costs due to injuries amounted to $23.4 billion.

According to the website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A., medical costs can vary depending on the extent of injury. The expenses can increase for severe injuries as they may have to undego x-rays, CT scans, physical therapy and others. According to the Centers for Disease Control and Prevention, the cost of medical care and productivity losses associated with injuries from motor vehicle accidents breached $80 billion in 2012.

The average cost of medical care associated with car accidents is dependent on factors unique to each case. The speed of the vehicle, the extent of the injury, and whether the accident involved a pedestrian or motorcycle will have an effect on the total cost. Depending on eac h case, medical bills may cost from a couple of hundred dollars to as much as hundred thousand dollars. Figures from the Insurance Information Association placed expenses at an average of $15,443. So it is important to have legal representation to ensure proper compensation.

In order to defray potential medical expenses, some insurance companies offer personal injury protection (PIP) in their offerings. This type of insurance will pay for any medical expenses that you may incur up to the policy’s limits even if you were at fault. Injuries may range from minor such as cuts and bruises to serious which can be paralysis or permanent disability. For the latter, this may require physical or cognitive therapy (in the case of brain injury).

Will Your Dog Bite?

Each year, dog bites account for numerous emergency department visits and hospital stays in the country. Apart from physical injuries, dog bite victims may also have to deal with the trauma that the event had caused. A person bitten by a dog may develop extreme fear of dogs, and may easily be frightened or feel anxious even at the slightest sound of a dog bark. According to the website of the Law Offices of Ronald J. Resmini, LTD, some cases of dog bites can be too traumatic that they may even cause post-traumatic stress disorder, an anxiety disorder that can affect a person’s day-to-day function.

Physical and psychological injuries are just some of the many things a victim should have to face after an attack. According to studies, a person bitten by a dog would have to spend more than $18,000 for hospital stay, which is approximately 50% higher than the cost of hospital stays not associated with dog bites. For severe dog bites that resulted in irreversible injury, the medical cost could be higher.

If you own a dog or are living with someone who owns one, it is always important to check your pet’s propensity to do harm. This way, you can avoid unprecedented medical bills and possible legal troubles by mitigating your dog’s risk. Here are the factors that might tell whether the dog is more prone to attack a person or not:

  • Gender – Male dogs are 6.2 times more likely to bite than female dogs.
  • Use of chain – Chained dogs are 2.8 times more likely to bite when freed as compared to those who are unchained.
  • Neutered – Intact dogs are more likely to bite than spayed or neutered.
  • Breeds – Among the most dangerous dog breeds are Pit Bull, Rottweiler, Husky, German Shepherds, Alaskan Malamutes, Doberman Pinschers, Chow Chows, Great Danes, Boxers and Akitas.
  • Place of attack – Most attacks happen in public places (i.e., sidewalk, alley, park or playground), while some attacks happen in the owner’s yard or house. Rarely, attacks happen inside the victim’s premises.

Protecting Children from Dangerous Toys and Products

The last year saw the U.S. Consumer Product Safety Commission or CPSC issue around 17 million recalls for toys, childcare items, and other products intended for the use of children. Items such as cribs, play sets, baby carriers, car seats, and clothes were among the millions of items pulled out of the market for failing to meet the safety standards imposed by the government through the Consumer Product Safety improvement Act of 2008.

The strict policies imposed on the regulation of toys and other child-intended products come as a result of a tragic accident involving a 16-month old baby boy in 1998. Danny Keysar was found by his parents strangled and suffocated underneath a Playskool Travel-Lite crib that had collapsed on top of him. Even when the crib in question had already been recalled by the CPSC 5 years prior to Danny’s accident, it was clear that the safety nets weren’t enough to ensure that these defective and dangerous products don’t cause further harm to the public.

Through the efforts of Baby Danny’s parents, the U.S. Congress had eventually passed a bill to address this very issue. The Consumer Product Safety Improvement Act of 2008, also nicknamed ‘Danny’s Law’ was passed by the congress as a way to establish better policies regarding the safety of products release in the market, especially those intended for the use and care of children. Among the mandates included in this law is the issuing of registration cards that come with products purchased after June of 2010. With these cards, manufacturers are able to contact customers immediately should a certain product need to be recalled.

As it says on this website, product liability cases are a great cause for concern. Dangerous and defective products can cause so much harm, leading to serious injuries that could very well affect victims for a significant period of time. As a result, it’s important that those in such a situation reach out appropriate legal counsel to learn more about the steps they can take to pursue just compensation.

Finding the Best Nursing Home to Save Your Loved Ones from Abuses

There are about 16,000 nursing home facilities (15,465 of which are certified) in the United States that provide care to more than 3.3 million senior citizens and people needing rehabilitation. Despite this big number of facilities, it can be hard to find the right one for your aging parents or grandparents due to the widespread reports about nursing home abuse committed against elders.

A move by the federal government in coming up with a list of the best nursing home facilities in the US is a great help to many American families, making the search faster and a lot easier. When looking for a facility, families usually look for one that is accessible to the family, provides a supportive environment, is affordable and, most importantly, ensures the best care, especially to those with ailments. The federal Centers for Medicare & Medicaid Services, on the other hand, when rating a nursing home facility, bases its evaluation on factors, such as quality of care, number of certified nurses and nurse aids, and results of health inspections which are conducted by the state.

A five-star rating is the highest mark a good nursing home facility would earn and as of January 2013 about 3,036 nursing homes have been given this rate by the federal Centers for Medicare & Medicaid Services. The actual number of facilities given a five-star rating and the specific states where these are located are Georgia (59 five-star nursing homes), Virginia (60), Connecticut (64), North Carolina (69), Kansas (78), Missouri (78), Minnesota (79), New Jersey (85), Indiana (87), Michigan (87), Wisconsin (100), Iowa (103), Massachusetts (111), New York (116), Texas (130), Ohio (137), Florida (141), Illinois (156), Pennsylvania (160), California (312).

The kinds of abuses suffered by nursing home residents are physical, emotional, sexual and financial. The usual perpetrators of the abuses are the facilities’ employees themselves, most of whom are overworked due to the number of elders they need to assist daily. Though overworked, the law does not give them any excuse, even warning them of a possible charge of felony if found guilty.

An injury that an elder cannot or refuses to explain about or a sudden change in a resident’s behavior can be signs that he/she is experiencing abuses from the hands of his/her caretaker or from other co-residents through the influence of caretakers. So many abuses remain unreported because the abused are not willing to talk. Being more sensitive to the changes in your loved one’s behavior or disposition will surely help bring to the open any cruel act committed against them.

If you believe that your loved one is a victim of nursing home abuse, contact a nursing home abuse attorney today. They will be able to help guide you through the process as they have lots of experience in this area.

FELA – A Railroad Employee’s Protection against Erring Railroad Employers

The tremendous increase in the use of trains in transporting people and cargo between the latter part of the 19th century and the early part of the 20th century also saw a great increase in the number of work-related accidents involving railroad workers.

It is the duty of railroad employers to make sure that their employees are provided with a place safe enough to work in. Besides state laws, there are also federal laws on the standards of safety that employers need to follow. In the case of railroad work, some of the safety standards include:

  • Proper job training of those hired
  • Tools and equipment needed to perform job should be in good working condition
  • Sufficient lighting in work area
  • Enough man-power to accomplish required work
  • Area of work is properly maintained and cleaned
  • Proper supervision of and in the workplace
  • Provision of safe walkways
  • All the train’s brakes (hand or manual brakes) should be without defects and in good working condition (including connecting pipes, air reservoirs and air hoses)
  • All and each of the parts of the locomotive should be safe for use and always working properly

If an injury is sustained by any employee during the course of his/her work, he/she is protected by Federal Employer’s Liability Act or FELA, giving him/her rights to file a claims lawsuit against the railroad employer for financial damages, like medical expenses, disability (partial or permanent) and wage loss.

FELA was passed by the US Congress in 1908 to solve the financial problems railroad employees (and their families) were put into in the event of employee injury or death. For the FELA claim to be valid, however, three important facts will have to be proven:

  • That the employee was injured during the performance of work
  • That the work area was not totally safe, the equipment and/or tools available for use were defective
  • The accident was a clear result of the unsafe work area or working condition

Understanding your rights as a railroad employee and knowing well what FELA stipulates are ways of ensuring that you never get to suffer financial troubles in case something goes wrong in the workplace.

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