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  • Understanding Product Liability... Ensuring the products customers buy are safe is really one of the major tasks of the Federal Trade Commission’s institution of Consumer Protection. Besides this, the agency’s additional responsibilities comprise: Taking and investigating customer complaints regarding products that are faulty Putting a stop to the unfair, deceptive and fraudulent practices by enterprise firms Informing companies and customers about obligations, their duties and rights Inventing and enforcing fair marketplace rules Making sure no delusory and makers us labels that are misleading Filing suits against individuals or businesses identified selling defective products or violating customer rights Unfortunately, however, thousands of court cases remain filed against producer every yr as a result...
  • The Latest Ford Car Technologies: Driving Luxuries You can Afford... Would you ever consider parking you car where the space available is just enough for its size? Well, I guess if you have no intentions of getting out, then you probably would consider. If you’re driving a Ford, however, this scenario will never be a concern; for even in very tight spaces you can park your car – that is, by getting out first and letting it park by itself. This latest technology, which many hope would be standard equipment in Ford cars still to be released this year, is the Fully Assisted Parking Aid (FAPA). It scans parking areas for available spaces through the use of ultrasonic sensors....
  • Different Crimes, all Theft... The term “theft” is a general word that covers a number of offenses, mainly interpreted as crimes that include depriving another person of their property. It is often mistaken for larceny, which is the act of taking another person’s personal property. However, “theft” involves a number of crimes of taking someone else’s property intending to deprive that person of its possession. States may have their own laws regarding theft, larceny, and embezzlement, and they also have their own laws pertaining to how they address it according to its severity. These criminal laws differ depending on whether the crime is a felony or a misdemeanor. Those who have been charged...
  • John Eddie Williams, Jr.: Standing up for The Little Guy... A lot of people grow up never knowing who or what they want to become in life. Some of the time, they blame the lack of proper guidance or are never made aware of the choices that they have. Fortunately enough for so many people, this is not the story of John Eddie Williams, Jr. Williams was born to a mother who was fascinated by the law and often encouraged him to pursue it in his youth. He even goes on record to say that his mother used to announce that “Johnny is going to be a lawyer!” to many people. This, he stated, opened his eyes to the...
  • 5 Most Common Amusement Park Injuries... When people want to have fun and adventure, one of the places they go to is the amusement park. Some rides in these theme parks allow people to try out the extreme and uncover their fears. Thousands of people ride various attractions that theme parks has to offer. From roller coasters to water rides, it gives visitors a form of enjoyment. According to the website of Williams Kherkher, amusement parks can put at risk all the riders who can get injured or even die if a park does not have safety procedures. According to the Consumer Product Safety Commission (CPSC), a combined 15,000 people were treated in emergency rooms...
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Determining SSI Eligibility

There are four major types of benefits offered by the Social Security Administration (SSA):

  • Retirement benefits;
  • Disability benefits;
  • Benefits for spouses and/or other survivors of a family member who has passed; and,
  • Supplemental Security Income (SSI)

The first three are actually benefits given to Social Security members – employees who have worked in jobs covered by Social Security and who have earned the number of credits required by the SSA (these credits are earned through payment of Social Security taxes which are identified as “FICA,” that is, Federal Insurance Contributions Act. Payment is automatically deducted in employees’ monthly take home pay).

Disability benefits are paid to members (who have sustained total, permanent disability) through the Social Security Disability Insurance (SSDI) program. SSDI is one of the two largest programs of the U.S. Federal government which are designed to provide financial benefits to people with disabilities and to certain other groups of people. The other program is called Supplemental Security Income (SSI); it was created by the SSA in 1974.

SSA was designed to provide cash benefits to aged, the blind, and disabled Americans who are with little or without income; this cash benefit is also meant to help provide for its recipients’ basic needs, which include food, clothing, and shelter (under the SSI program, some legal aliens are also considered eligible to receive the cash benefits).

The Supplemental Security Income is specifically designed for:

  • Disabled adults with limited income and resources;
  • Disabled children who are below 18 years old and who have limited income and resources; and,
  • People 65 years old or older who may be without disabilities, but who meet the financial limits set under the federal benefit rate (FBR).

The word “disabled,” as defined for SSI purposes, refers to physical or mental impairment, (including emotional or learning problem) that:

  • Has lasted or is expected to last for a continuous period of not less than 12 months;
  • Results in severe functional limitations (in the case of children) or in the inability to perform
    any substantial gainful activity (in the case of adults); and,
  • Can be expected to result in the disabled person’s death.

The words “income” and “resources,” on the other hand refer to:

  • Income: money earned from work; money received from Social Security benefits, Workers Compensation, the Department of Veterans Affairs, unemployment benefits, friends or relatives; and free food or shelter.
  • Resources: things personally owned, like: cash; bank accounts, U.S. savings bonds; land; vehicles; personal property; life insurance; stocks, and whatever can be converted to cash and used for food or shelter.

Cash benefits provided under the SSI program offers millions of low-earning Americans the much-needed relief from difficult situations. The Hankey Law Office knows and believes that this financial benefits help improve the quality of life of many individuals, especially the disabled, but who lack the means to undergo treatment. Thus eligible individuals should rightfully receive this benefit which, under the law, is legally theirs. A highly-competent SSI lawyer may be able to provide help in determining whether a person is eligible and, if so, in the preparation and filing of all necessary forms and documents.

5 Most Common Amusement Park Injuries

When people want to have fun and adventure, one of the places they go to is the amusement park. Some rides in these theme parks allow people to try out the extreme and uncover their fears. Thousands of people ride various attractions that theme parks has to offer. From roller coasters to water rides, it gives visitors a form of enjoyment. According to the website of Williams Kherkher, amusement parks can put at risk all the riders who can get injured or even die if a park does not have safety procedures.

According to the Consumer Product Safety Commission (CPSC), a combined 15,000 people were treated in emergency rooms due to amusement-park related injuries. Half of those injured were children ranging from 10 to 14 years old. Children were also involved in three quarters of accidents where a rider falls or is forcefully ejected from an amusement park ride.

In the history of amusement parks, there were some of the worst accidents recorded such as the the one in 2008 when a teenager riding the Batman : The Ride rollercoaster was killed when he jumped the ride’s surrounding fence in order to retrieve his hat at Six Flags in Georgia. In 2007, a 13-year old girl’s feet was severed when a cable of the Superman : Tower of Power ride at Six Flags Kentucky snapped.

Amsuement park rides are regulated by the government. They are categorized into fixed-site and mobile. The former are rides that have permanent fixtures and do not travel from one location to another. Examples of these are those rides found in Disneyland and Six Flags. Mobile rides, on the other hand, travel from one site to another.

Some common amusement park injuries include head, neck, and back injuries from bumper cars or from spinning rides and roller coasters. One of the worst theme park accidents is death from falling or thrown from a ride. Brain injury caused by G-forces and stress on the brain caused by high speed rides or from detached objects hitting the head of the rider. Accidents may also cause lacerations, broken bones, or torn ligaments.

According to the CPSC, there are several factors that can cause injury or death to amusemnt park riders

  • Mechanical Failure – This includes the detachment of safety restraints in the middle of the ride or an important stuctural component breaking down due to manufacturing defect or negligence in maintaining the ride.
  • Improper Operation – When the operator of the ride puts the ride to an abrupt stop or improperly removes the seatbelt.
  • Passenger Misuse – This includes intentional rocking of the car, standing up in the middle of the ride, or not following safety instructions
  • Inherent Nature of the Ride – Sometimes the injury or death is caused by the very nature of the ride itself. Some people complain of headache or dizziness and suffer from cerebral and retinal hemorrhage because of the rapid spinning movement of the rides.

Prevention of amusement park injuries is a responsibility of the owner as well as the riders. For the owner, they should ensure the safety of their rides by adding safety features. For the riders, they can look after their own welfare by following the safety guidelines of the ride.

Understanding Product Liability

Ensuring the products customers buy are safe is really one of the major tasks of the Federal Trade Commission’s institution of Consumer Protection. Besides this, the agency’s additional responsibilities comprise:

  • Taking and investigating customer complaints regarding products that are faulty
  • Putting a stop to the unfair, deceptive and fraudulent practices by enterprise firms
  • Informing companies and customers about obligations, their duties and rights
  • Inventing and enforcing fair marketplace rules
  • Making sure no delusory and makers us labels that are misleading
  • Filing suits against individuals or businesses identified selling defective products or violating customer rights

Unfortunately, however, thousands of court cases remain filed against producer every yr as a result of injury or the harm caused by their defective products. The Habush Habush & Rottier S.C.‘s internet site says that records in the National Center for Health data reveal over 31 million people being injured annually due to the reckless behavior of specific individuals or companies, such as motorists, medical practitioners, company owners, makers, among others.

This irresponsibility’s effect is prolonged to the production of numerous goods, like electronic equipment, security gadgets for children, toys, medical-device, Rx and additional pharmaceutical products, food, automobiles, tools, and others.

There are countless injuries that unsuspecting consumers suffer from because of the safety hazards caused by irresponsible, reckless and uncaring makers. Makers, of course, possess the legal obligation to make sure that their products are absolutely secure and that the labels of the products correctly determine the product’s parts, contain all critical instructions or cautions related to the utilization of the item, and not make baseless statements on precisely what the product can do.

While there is no warranty that those hurt or hurt by defective goods might receive a settlement from the manufacturer of the great that is flawed, being displayed by way of a personal injury lawyer may give better opportunities of having their privileges completely understood by the tribunal to sufferers and so determine with the person. Compensation is meant to protect lost wages expensive treatment and all other present and potential damages caused by the injury.

Accident at an Amusement Park, What Do I Do?

Nobody ever imagines anything bad ever happening at an amusement park. By definition, these are places where happy memories are made with friends and family. There should only be smiles, laughter, and good times had within these walls as everything else just ceases to matter for a little while.

Unfortunately, this is the real world – and sometimes, bad things can happen even in amusement parks.

There is a certain standard of care that is expected for the thrills and attractions that come with these parks. After all, people don’t just sign up for soaring fifty feet into the air only to experience a sudden drop or even the spectacle that are the rollercoasters, if they didn’t have the utmost assurance that it is safe. And it is the duty and responsibility of the amusement park management and administration in order to make sure that before anything is fun and adrenaline-inducing, it is first safe for everyone.

So say that you have been the victim of an accident at an amusement park. The website of the Williams Kherkher personal injury lawyers states a few examples of causes of accidents at places like this as ones that are due to mechanical failure, operator negligence, poorly thought out designs, or the improper behavior of park attendees. Accidents in places like this can mean so much more than just a bruised knee or a forgivable paper cut.

The slightest misjudgment and negligence could mean broken bones, spinal trauma, or even death. Maybe a fire that would then cause burn injury or, along those lines, an explosion might occur.

There are so many variables to consider and the thing about amusement parks is that these variables should have already been considered for you. That you should experience something so awful as an accident within this establishment is something you, by law, should not have to be held accountable for as you have the right to pursue legal action in order to set things to rights.

When Fido Bites, Fido’s owner is in the Bag in Kentucky

Kentucky has a strict liability rule when it comes to dog bites. Strict liability means that the dog owner is liable if a dog causes injury even if there is no history of aggression prior to the incident, and the dog owner took reasonable measures to keep the dog under control. Essentially, this means the dog bite victim does not have to prove that the owner was negligent o make a claim.

This is a significant departure from the usual personal injury requirements as described under Kentucky Statutes § 258.235(4). According to the website of the Sampson Law Firm in Louisville, the owner is automatically liable for dog bite injuries simply for owning the dog. This makes it easier for a dog bite victim to make a claim for personal injury or damage to livestock or other property.

The dog does not even have to actually bite a person for the law to take into effect. If the dog knocks down the mailman and the mailman hits his head on the curb, the dog owner is still liable for the head injury even though no bite occurred.

Kentucky law does not allow the usual defenses used by dog owners for dog bite claims such as provocation, or trespassing. However, state courts do follow the pure comparative negligence rule which does allow the defendant to reduce any damages awarded to the plaintiff by the degree of fault of the victim. For example, if the jury finds that the victim was trespassing when the bite occurred, it could find the victim 80% at fault. As such, if the jury awards $10,000 in damages, the defendant will only have to pay $2,000. If the victim was completely innocent, however, the damages has to be paid in full by the defendant.

It is relatively simple to file a dog bite lawsuit in Kentucky if you act quickly. If you were bitten or otherwise sustained serious injury because of a dog, you can hold its owner liable for your damages. In Kentucky, the statute of limitations for filing a dog bite lawsuit is one year. Consult with a personal injury lawyer in Kentucky as soon as possible.

John Eddie Williams, Jr.: Standing up for The Little Guy

A lot of people grow up never knowing who or what they want to become in life. Some of the time, they blame the lack of proper guidance or are never made aware of the choices that they have. Fortunately enough for so many people, this is not the story of John Eddie Williams, Jr.

Williams was born to a mother who was fascinated by the law and often encouraged him to pursue it in his youth. He even goes on record to say that his mother used to announce that “Johnny is going to be a lawyer!” to many people. This, he stated, opened his eyes to the possibility. And growing up in a household that deeply respected unions and labor workers, Williams has a strong sense of integrity and justice for standing up for the underdog, for the proverbial “little guy”, so to speak.

And his name is one that has proven itself worthy of trust. He graduated cum laude from Baylor University in 1976, finished Baylor University School of Law in 1978; he then went on to receive the Baylor Lawyer of the Year award from them in 2002, and the Baylor Alumnus of the Year for the year 2012-13. His dedication to seeking justice for individual workers has not gone unnoticed and he actively pursues these cases in order to make sure that these individuals are only given the most fair and just trials, allowing for them to receive their dues from the guilty parties involved.

Following an explosion in 1999, Williams was able to defend a case that allowed for a family to receive $117 million as compensation for the damages done to them. He is also known to have handled cases against pharmaceutical defects or cases involving big tobacco companies. He is unafraid to tackle big brand companies head on, representing the little guy even against a Goliath of a company.

Abuse in Nursing Homes

One of the most common things about a lot of abuse cases is that they are never reported until it is too late. Why is that? Simple, really. The abused are far, far too frightened of retribution from their abusers. Their abusers can fight back, can hurt them even more – and they think if they succumb and submit to their abusers’ will, then everything will be okay… eventually. Maybe.

No matter whom the abused are or who the abusers are, this mentality can remain true – especially if the abused are those who can barely fight for themselves. For children, this can affect how they grow up and, with the right kind of upbringing and opportunity; these kids can grow to be better from the experience. There is something more appalling about abusing the elderly because 1. They are no longer physically capable of caring for themselves by themselves, let alone defending themselves and 2. They are already at the end of their line. There is no growth to be had for those who have already lived a whole life.

Putting an older relative in a nursing home can be a daunting thing to do and it is a sensitive issue. Sometimes, however, it is for the best as they should be able to care for your loved ones more effectively and efficiently than you could. According to the Sampson Law Firm, however, that it is unfortunate how there are many nursing homes that do not provide the appropriate standard of care that is entrusted upon them upon their ward’s admission.

A proper nursing home should have the right kind of facilities and tools available as well as a sufficient, well-trained staff on board. The need of every person in their care has individual, unique needs that must be catered to. Overall, the nursing home should prove their elderly charges with a quality of life that is expected of them, that is their responsibility as a nursing home.

If you and your loved ones have experienced malpractice or negligence from an abusive nursing home, it is recommended for you to seek legal aid immediately. Nursing homes are often in league with insurance companies who might opt to just let the case disappear instead of letting a costly justice reign. Don’t let the abused die quietly and seek the justice that they can no longer fight for themselves!

Different Crimes, all Theft

The term “theft” is a general word that covers a number of offenses, mainly interpreted as crimes that include depriving another person of their property. It is often mistaken for larceny, which is the act of taking another person’s personal property. However, “theft” involves a number of crimes of taking someone else’s property intending to deprive that person of its possession. States may have their own laws regarding theft, larceny, and embezzlement, and they also have their own laws pertaining to how they address it according to its severity. These criminal laws differ depending on whether the crime is a felony or a misdemeanor. Those who have been charged with felony theft can suffer from more severe penalties than those who have committed misdemeanor crime.

The state laws will be the one who determines whether the theft is a felony or a misdemeanor. Generally, state laws define felonies according to the value of the stolen property or other factors involving the crime; grand theft is what is generally considered as felony theft, although there are some cases where grand theft charges also apply to misdemeanor offenses. Because felony theft convictions have more severe penalties, they usually entail imprisonment of a year or more and a fine of $1,000 or more, although actual felony convictions would depend on the state as well as the circumstance related to the case. Among the usual penalties for felony theft are fines, prison time, probation, and restitution.

Even for a person who does not have prior criminal convictions and believe that they are innocent may suffer from devastating effects of the severe penalties that go with a felony theft conviction. A guilty felony theft conviction may not only cause criminal penalties, but also restrain your possibilities for jobs or travel abroad. Finding the right Dallas criminal defense attorney is essential because they are the ones who understands how the trial may proceed and have the experience of handling such cases with the laws pertaining to the state. They would also be important sources of information and representation when it comes to dealing with the prosecutors, judges, and deal with the justice system applicable to the state.

Defining Unseaworthiness under Jones

The Merchant Marine Act of 1920 or the Jones Act was enacted by federal legislators in order to fill the gap in employment law when it came to protecting seamen against work-related injuries. Prior to the Jones Act, a seaman was not entitled to workers’ compensation under any federal or state when they get injured even when it was caused by the employer’s negligence. One of the ways that a seaman can recover damages is if the vessel is proven to have been unseaworthy.

A maritime employer is required under the Jones Act to provide their workers with a workplace that is reasonably safe and must take ordinary care to keep the vessel in good shape. According to the website of maritime law firm Ritter & Associates, there are strict guidelines that an employer must follow in order to avoid liability for even the slightest indication of an unsafe workplace. These include but not limited to:

  • Poorly maintained equipment
  • Oil or greasy on the deck
  • Lack of the appropriate tools and equipment needed by workers to perform their tasks
  • Inadequate or improper training of the crew

Under the Jones Act, the burden of proof on the plaintiff is much lighter. Under a standard personal injury case, the defendant is only help liable if their negligence is the proximate or main cause of the injury. In maritime cases invoking the Jones Act, the plaintiff merely has to prove that the defendant was at least partially responsible for the injury, no matter how slight.

When a plaintiff claims unseaworthiness of the vessel on which the injury occurred, it refers to the definition under maritime law which refers to a vessel that is not a safe place for the seaman to work. This may be due to the environment or the lack of suitable and safe equipment with which to do their work. The vessel need not be in danger of sinking or unable to set sail to be deemed unseaworthy under maritime law.

Under the Jones Act, the ship owner has the absolute and sole duty to maintain a seaworthy vessel for the safety of the crew. Failure to fulfill this duty renders the ship owner liable for a maritime injury lawsuit.

Here Are A Plethora Of Tips And Tricks For Personal Injury Case Success

Taking legal action is a good option if a personal injury has significantly impacted your life. Personal injury cases are quite common. If you are injured, there is a possibility that you are owed some form of compensation. The tips below should offer some insight into your situation.

Asking for a referral for a reputable attorney from a family member, friend, neighbor or colleague is a great way to find a personal injury lawyer. If you can find someone who has gone through a personal injury case, he will be able to help provide you with valuable information including how he found his attorney and how their court case went.

Seek medical attention. If you find yourself injured, see a doctor as soon as possible. In addition to being good health advice, you will need the doctor’s diagnosis and paperwork from your visit as evidence. Make sure you document everything, and keep copies for yourself. Failing to get medical attention after an accident or injury can actually reduce the award amount in a personal injury case.

There is no rush, so slow down when seeking out a personal injury attorney. Take your time and check out all of your options. According to the Pohl & Berk website, you should do your research, both in person and online. The more time you take to select the best lawyer, the more likely you are to truly get the best.

Bring all of the necessary paperwork to your initial consultation as this is very important for your personal injury lawyer to develop a solid case. Make copies of each of these documents too, as you will want to have one just in case. This puts you in the best position to team up with your lawyer and win.

You may find that winning a personal injury case can help you to be less stressed out because you’ll be able to afford your bills. Being able to free yourself of the financial burden the accident has caused is quite liberating. Use the above advice to make sure they are held accountable so you can receive the money you deserve.

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