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.
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.
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!
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 Houston 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.
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:
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.
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.
Bed sores sound painful, and they are not only that, they also look a little funky. But calling it dangerous is an exaggeration, surely? After all, how bad can constantly lying in bed be? As it turns out, it can get pretty bad.
The medical terms for bed sores include pressure sores, pressure ulcers, and decubitus ulcers. As you can probably discern, bed sores are skin lesions mostly caused by constant pressure on bony or cartilaginous areas of the body when a patient does not shift position i.e. comatose. It can also be aggravated by constant friction, high humidity, incontinence, and some medications. The most commonly affected parts are the knees, pelvic area, ankles, and elbows.
Prior to 1950, when a British nurse discovered that the best way to treat and prevent bed sores was to turn the patient over every two hours, bed sores were a major cause of deaths for at-risk hospital patients. Even with modern medicine and healthcare practices, however, bed sores continue to be one of the top causes of unexpected deaths in the US.
According to medical professionals, it is almost impossible to prevent bed sores from starting for patients who are bedfast and unable to change position without assistance even with competent nursing care. If that is the case, nursing homes in Texas should not be held liable for at-risk residents developing bed sores.
The negligence does not typically lie in the fact of bed sores developing per se but for the failure of staff to follow protocol to prevent it for residents with mobility problems and the failure to arrest the progress of the condition, which past the early stages can go very rapidly and can be very difficult to treat. Severe cases of bed sores not only affect the skin but the tissue and bone in the immediate area, which in turn can lead to fatal infections.
If a family member is a resident at a nursing home in Texas and has developed bed sores, you should inform the nursing home administration about it so that they can take action. If they fail to do anything and the condition worsens, you should pull out your relative if possible and file a case against the facility for negligence with the help of a competent Texas nursing home abuse attorney.
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. As soon as it spots a parking space the device alerts the driver, who may then get out of the car and go on to park his/her car using a remote control.
The remote control will enable the driver to steer, brake, accelerate and switch gears until the car is parked, rear first (there is no clarity yet if the car is capable of head-in parking, a requirement in some US communities).
This remarkable parking capability is not the total icing on the cake, though, for with it is Ford’s Obstacle Avoidance technology, which either automatically stops the car or makes the car steer around pedestrians or slow-moving cars to avoid accidents. This is done through the aid of a camera, which can scan up to 660 feet or 200 meters of space ahead, ultrasonic sensors and three radar units.
It is said that an ounce of prevention is worth a pound of cure. Family medicine, which in earlier times referred to what a general practitioner (GP) handled, is a specialty that aims to promote the general health of all members of the family and to prevent disease. It is a continuing process which emphasizes preventive care in the community and in the family setting.
Back in the day, the family doctor went from house to house to do general check-ups and administer vaccinations and immunizations as needed, and to treat disease such as colds, flu, most childhood maladies which do not require hospitalization or a specialist. Currently, GPs in the U.S. no longer do house calls but instead families troop into family health clinics for primary health care.
It is no secret that health care costs are rising, and the U.S. is in crisis because of the problem of the costs of caring for its citizenry. It is estimated that the U.S. spends more on health care per capita than any other country, and yet the quality of the health care ranks last among the developed countries. There is thus a greater emphasis on preventive health care, which will lower overall health care costs in the country by at least $4 billion annually. Currently, the average American will spend more than $8,000 a year for treatments and hospitalization.
The importance of family medicine cannot be overstressed, and yet most people do not see the value of it until they get sick. Many of the chronic diseases that plague Americans today can be traced back to a lack of general preventive care. This includes heart problems, diabetes, back pain, obesity, and liver diseases. The costs of having regular primary care for the family from a qualified GP will be offset multiple times by savings from expensive treatments and hospitalizations in the future.
There has been an observed increase in overtime claims in the U.S. as the economy took a downturn. There are two possible reasons among several for this increase that makes a lot of sense. One is that as money gets tighter, employers seek to recoup some of their losses by saving on labor. Another is that because overtime laws are complicated, many employers have a hard time understanding them, though they are willing to comply.
An article on the Habush Habush & Rottier S.C. website points out that employment laws in the U.S. affords considerable protection to employees for unpaid overtime. Employers who deliberately set out to shortchange their employees become liable for damages in civil litigation. However, claimants would need qualified legal representation to present their cases effectively because the relevant laws are complex, and open to interpretation. An experienced lawyer would be able to cite relevant case studies to support unpaid overtime claims.
In cases where employers inadvertently compel employees to render unpaid overtime due to an incomplete or incorrect understanding of overtime laws are often caught unawares when sued. It is true that some laws presume a clarity of circumstances that no longer currently applies. For example, it is estimated that up to 80% of employers in the U.S. are not in compliance with the Fair Labor Standards Act (FLSA), which is the basis for state overtime and other employment laws. This is because the FLSA was enacted in 1938 at a time when there was a clear distinction between what is a manager, an hourly employee, salesperson, and administrator which no longer exists today. However, ignorance of the law is not a defense, and employers remain liable for failing to get the necessary training to understand the fine distinctions that will keep them out of civil litigation.
When you work more than you expected, you should be fairly compensated. Unpaid overtime is a violation of employment laws, no matter the reason, and as such is subject to litigation. With the help of a qualified lawyer, employees can get the back pay they deserve.