Items meant for children must be manufactured with added care. Children, after all, are far more precious and naïve. Most of the younger children will even pick anything up and think it a plaything when it is anything but.
It is in the responsibility of their parents or guardians to make sure that some products are fit for a child but sometimes, some products slip from quality control, making a product available for a child when it is unsafe, defective, or malfunctioning. Some products can be almost lethally hazardous in their defect and should that be the case, legal action is advised.
There are many products that are available for mass consumption that are designed for the use of a child. Some of these include strollers or specifically designed and constructed car seats. In moments of immediate danger, it is important that the child can be taken to safety at the first opportune moment. What if the car seat then refuses to open due to a malfunctioning lock? As unfortunate and unlikely this circumstance may be, it is more than possible; in early 2014, there was a major recall of car seats from Graco for this very problem. It isn’t just hypothetical as these scenarios are very real – and they could happen to you and your child.
According to the website of the Ausband & Dumont Law Firm, children cannot file their own lawsuits. For a legal matter concerning a child, it must be through a “next friend”, who is usually the child’s parent or legal guardian. Children cannot be blamed for the injury that comes to them if the incident was born due to an adult’s negligence. And a child is so much more susceptible to psychological trauma, ergo more likely to be shaped by unfortunate circumstances, than adults are. It is important that their rights be recognized and fought for by those who should know better.
If a product has developed a fault, the manufacturer of the product is liable to legal consequences that result from these defects. If you or someone you know has been made the victim of this unfortunate circumstance, it is advisable for you to seek out legal assistance immediately.Read More
Navigating personal injury situations can be difficult, particularly for those who have never death with a similar event in the past. The key to ultimate success is to find a great personal injury lawyer and work together with the to build an effective case through you can receive the compensation you deserve. Keep reading to learn more.
Find a bar association to help you locate a lawyer nearby. This is the best way to check an attorney’s reputation and track record in their community.
Contact your local state bar and ask whether they have any referral services with relevant recommendations. Of course, you still need to spend a few moments researching any referral that you receive. Check the recommendation’s background and qualifications prior to establishing contacts. This is a great way to find reputable professionals in the industry.
Information on www.pohlberkattorneys.com warns to be cautious in your dealings with insurance companies. You may have to come in contact with an insurer, so make sure to be on guard when this happens. The purpose of these businesses is to have the matter solved as fast as possible. Consider talking to a lawyer before agreeing to any settlement.
Finding the right lawyer for a personal injury case often means trying at smaller law firms. Big firms don’t put these type of cases high on their to-do list, so you may find that your case is handed down to lower level attorneys with little experience, leading to a less positive outcome.
Dealing with the aftermath of a personal injury event can be a truly wrenching experience. Hover if you know what to expect in such a case and are able to secure the services of a talented personal injury lawyer, your chances of success are far greater. The preceding article should have given you just what you need to get started.Read More
It is evident now that whatever lack there is in natural fertilizers, which farmers need to increase production of crops, is being solved via technology. Technology enables scientists to manufacture artificial fertilizers, which, quite obviously, have better effects than organic fertilizers, which still require the use of today’s water, land resources and energy (which are becoming less available), because these man-made fertilizers reduce the crops’ need for water and energy, yet ensure greater and more nutritious yield.
With the need to feed more than seven million people all over the world, the introduction of these synthetic fertilizers to the agricultural industry could never have been more timely. It is true that what the world needs is more than just having enough food to eat. Food also ought to be more nutritious. Various studies have consistently shown how much the people in poorer communities are deprived of nutritious food or are lacking in vitamins and minerals due to the lack of nutrition in the food they prefer to eat.
Green Revolution 2.0 is the answer scientists have with regard to this dilemma that affects many people, most especially the poor. Through artificial fertilizers, however, breeding more nutritious crops is no longer a key concern.Read More
Most people associate crimes with obviously disreputable individuals, or those with a seedy past. But there are quite a large number of nonviolent crimes perpetrated by seemingly respectable people in responsible situations or high social positions for financial gain. The opportunity to commit these types of crime is often dependent on the position held by the perpetrator in business institutions or society, which is why it is referred to as white collar crime.
The term “white collar crime” was first used by sociologist Edwin Sutherland when he gave a speech to the American Sociological Society in 1939. It referred to crimes committed by the “unusual” suspects and these are usually difficult to prosecute because of sophisticated efforts of concealment.
According to an article by Karen Alexander, Attorney at Law, the actual penalties for a white collar crime conviction are typically less severe than that for nonviolent crimes, but that is not really the point. Because white collar crimes are committed by those in a position of trust, even a mere accusation of fraud, embezzlement, industrial espionage, antitrust violation, and the like is enough to ruin a person’s reputation and career. It is not enough that a dismissal is secured due to lack of evidence or an acquittal because of reasonable doubt. There needs to be no doubt in the minds of the relevant people and institutions that the accused could ever have been involved.
This can be tough to pull off. Once people have the seed of doubt planted in their minds, it can be very difficult to take it out since people are inclined to believe the worst. It would need aggressive legal representation to avoid having the charges being formally filed in the first place, and to do effective damage control if the charges push through to a trial. If you are ever charged of a white collar crime and your reputation is at stake, say nothing and consult with an experienced white collar crime lawyer at the first opportunity.Read More
Medical malpractice suits are filed in the U.S. against physicians at an average of 17,000 per year, a number that is said to be declining. This is partly because of tort reforms which limits the awards that a plaintiff can receive. It is also partly because medical malpractice suits more often than not end in favor of the medical professional.
One of the ways in which medical professionals have the upper hand is the requirement of the plaintiff to prove that there was a breach of the standard of care. This standard of care is automatic and expected whenever a medical professional takes on a patient for care and treatment. According to the website of Pohl & Berk, in most medical malpractice cases, such a determination may only be arrived at with the use of expert witness, who will be responsible with determining whether or not the medical practitioner was negligent.
An expert witness is one who has the knowledge and skills to qualify as a reliable source of a considered opinion on a particular case. In medical malpractice, the expert witness should have the qualifications in the relevant field to render an opinion that may be taken as fact. For example, if the case concerns issues related to neurosurgery, an expert witness should be a neurosurgeon on the same level as or higher than the defendant in terms of skill and experience. Mere academic qualifications are not enough. The expert witness must be qualified by the court based on established legal standards. He or she must have certifiable credentials and experience in the field. Numerous teaching positions or successful surgeries in the field in question help such an expert witness’s credibility.
It is common practice to have a hearing prior to court testimony of the expert witness to evaluate if the forthcoming testimony is reliable and relevant. Most courts use either the “gatekeeper” model (first used in Daubert v. Merrell Dow Pharmaceuticals) or the older Frye test (scientific consensus). In either case, the court will determine the value of the testimony in proving negligence before it is presented at trial.
Aside from the expert witness requirements, medical malpractice suits involve a massive amount of documentation, including medical records, depositions, motions, and research on relevant casework. If you have been injured because of the negligence of a medical professional, you certainly have the right to compensation. The first thing you should do is to consult with an experienced medical malpractice lawyer. The lawyer will determine if there is a good case at hand, and provide you with all the information you need to have to decide whether or not to pursue a case.Read More
There has been a lot of legislation fuss made about motorcycles and cars because they are considered to be at considerable risk while on the road. Bicycle riders, on the other hand, are given very little attention under the law although they are particularly vulnerable not only when they share the road with motorcycles and cars but from the roads themselves. It takes very little to crash a bicycle, and some injuries can be horrific especially when wearing no helmet in an encounter with a larger vehicle.
When a bicycle accident has been caused because of the negligence of a third party and serious injuries result, the advice found on The Benton Law Firm’s website is that compensation from the at-fault party should be forthcoming. In order to take action against the negligent driver, an injured rider should know the steps in dealing with bicycle accidents.
The first thing you should do is to wait for the police to get to the scene to document the whole thing. This will provide you with the driver’s identity, put in your version of the events, and maybe even get the driver given a ticket. Do not try to negotiate for compensation with the driver; without the police report, he or she may deny everything. Leave everything as it was at the time of the accident so it can be photographed in situ. Once the report has been taken, make sure to get a copy of the report which will also have the contact information of the driver and witnesses to the incident as well as vital insurance and vehicle information.
You should also note down details of the incident such as road conditions, the surrounding area, and the weather. If possible, make a scan of the scene with your portable device and record everything that happens in the aftermath. It would be ideal if you can get the driver to take the blame on camera.
Once you have everything documented, seek medical attention so that you can also officially document your injuries. Even if they seem minor, some injuries are more serious than they look; only a medical professional can decide if you need treatment. At the very least, you will have the medical records to prove you were injured and to what extent.
And before communicating with anyone or sending anyone anything, get a reputable bicycle accident attorney to handle your case. This way, you have a fairly good chance of getting the compensation you deserve.Read More
Few people in the US are aware that real estate may have two components: surface land and mineral rights. The mineral rights refer to any sub-surface materials with commercial value that may exist below surface land.
Most landowners become aware of the rights they have over the minerals under their property only when they are approached with an offer to buy or lease the mineral rights. Those whose property has severed mineral rights may find out that another individual or entity has sold or rented out these rights to a development company when the bulldozers arrive. Not amusing, but perfectly legal.
Landowners with a fee simple deed or individuals who own the mineral rights to a parcel of land may legally sell these rights to a third party, much like selling any other real estate. There are portions of the US where the mineral rights are particularly sought after because there are proven deposits in the area, but there is potential for profit in any area in the US, so it would be a good idea for you to know more about the mineral rights you may have wherever your property is.
There are pros and cons of selling your mineral rights. The most obvious advantage is the money you can make and may need. Many developers buy mineral rights on speculation. This means that they are gambling on the fact that there may be valuable materials under certain property, usually based on probability reports culled from the presence of minerals in the area. Of course, there may be nothing but good old rock under your property, but no one really knows until they start digging.
The problem with selling your mineral rights outright is that it is a one-shot deal. If minerals do exist under your property, you have no interest in any additional profit that may be made outside the purchase price. If you sold the rights for a low price, you could be losing out on a ton of money. On the other hand, if you lease the rights for the royalties and nothing is found, you could miss the opportunity to sell the rights for more than it is worth. An article on The Mineral Auction advises professional assistance when considering selling your mineral rights so that you will get the best possible deal for them.
Selling your mineral rights outright also means that you will not have the headaches associated with the taxation, financial planning, and record-keeping of mineral production which you would have if you merely lease out the rights and get royalties. On the other hand, once you sell the rights you will lose control over when and where mining or extraction operations take place, which can be a bummer if you live on the property.
The factors affecting the decision of selling your minerals rights will vary on a case-to-case basis. The best thing you can do is to exercise caution when dealing with speculators and developers and to get professional advice from those who make it their business to know these things.Read More
It is just too easy to imagine how bad the consequences of a car accident can be. A car is basically a hunk of metal with people in it traveling at high speeds. A collision with another hunk of metal, concrete, railing, tree, or another person at any speed higher than 25 mph and expect serious injury to occur. And yet most people blithely enter a car, fully expecting to get to their destination without a scratch, and with no thought of the 15.6 crash fatalities that occur for every 100 million vehicle miles travelled. The typical driver travels 13,476 miles a year, which means that in any one year, a car traveler has a one in 475 chance of being involved in a fatal car crash.
The human body is incredibly resilient, able to withstand quite a few knocks with little permanent damage. However, a car accident can be devastating because the car is a rigid structure, and any impact forces are transferred to the more pliant human bodies inside. Aside from the sudden deceleration that can lead to whiplash, concussion, and other types of brain injury, the typical car features knobs, sticks and other objects that can pierce, puncture, and pulverize any human body striking it on the aftermath of a collision. That is not even considering the effects of air bag deployments which can suffocate or badly injure a person if it goes off wrong.
Car accidents are one of the leading causes of death in the U.S., beating out death by firearms, infection and kidney failure. Even if not death, the injuries sustained are often so severe that victims find it necessary to apply for Social Security Disability (SSD) benefits. It is a given that there is always a risk of a car accident happening, but when it is caused by the reckless or negligent behavior of another person, it is far harder to accept. When this happens to you or to an immediate family member, you may have legal options that would help alleviate some of the financial problems associated with a car accident. Contact a personal injury lawyer to find out more.Read More
Being involved in a car accident is bad enough, but the added stress of having no or insufficient car insurance makes it worse. The main purpose of car insurance is to protect the driver from the consequences of an accident whether due to negligence or not.
Car insurance is required to drive legally in all states in the U.S. (except New Hampshire) although the requirements differ from state to state in terms of minimum amount and type of coverage. In general, third party liability (TPL) auto insurance is mandatory to operate a vehicle. TPL coverage applies to property damage and/or bodily injury of the other vehicle and its occupants up to a prescribed maximum amount.
While most states only require TPL, 12 states and Puerto Rico have a no-fault scheme for automobile accidents which require motorists to apply to their own insurance for medical costs related to an accident. Aside from TPL, therefore, motorists are required to have Personal Injury Protection (PIP). Some states also require motorists to include Uninsured/Underinsured Motorist Coverage in case of a hit-and-run and where the at-fault uninsured driver is financially incapable of paying for the damages.
Habush Habush & Rottier S.C.® warn that uninsured, negligent drivers in most states are not only criminally liable and may see the inside of a jail but may also be sued for the medical expenses and property damages of the third party. Even when not at-fault, an uninsured motorist who sustains multiple injuries and acute emotional distress in a truck accident is generally barred from suing the other driver for non-economic damages i.e. pain and suffering.
Clearly, the importance of car insurance cannot be over-emphasized. Without coverage, the costs of property damage and bodily injury can run be very high, and may even force the driver to bankruptcy. If you or someone you know is operating vehicle without auto insurance, don’t take the risk; an accident can happen at any time, and the consequences for all involved can be grim.Read More