When an elderly member of the family is placed in a nursing home, they always assume that their elderly loved one will be in good hands. Sadly, this is not happening. There have been reports of physical abuse in these facilities. According to the website of Karlin, Fleisher & Falkenberg, LLC, nursing home abuse can leave the elderly with severe injuries and trauma.
According to a study conducted by Cornell University and the New York Department of Aging, elder abuse incidence rate is almost 24 times higher than the number of cases referred to social services, law enforcement, or legal authorities. Psychological abuse is the most common form of elder abuse. Physical abuse in the nursing home is often caused by the following:
Studies have revealed that 20% of nursing home residents are abused by their fellow residents. This happens when staff members or family members are not around. Physical abuse caused by other residents is one of the biggest problems in nursing homes.
Physical abuse may take different forms which may include any of the following: 1) Excessive force; 2) overuse of restraints; 3) battery; 4) withholding of prescribed medication; 5) administration of prohibited medication. When not reported, physical abuse in nursing homes can result to bodily harm, injury, pain, or impairment to the elderly. In severe cases, the physical abuse may cause the death of the elderly.
Scaffolds help construction workers work effectively in their assigned areas. The Occupational Safety and Health Administration (OSHA) estimate that 65% of construction workers use scaffolds. Instead of a ladder, scaffolds give the employee a more stable foundation for doing his work. Scaffold injuries are one of the most severe injuries in construction sites. The website of www.kff-law.com reveals that it is the job of the employer to make sure that their workplace is safe.
Scaffolds in construction sites are regulated by the OSHA. The design and construction of such structures must comply with OSHA requirements. Each scaffold and its components must be able to support its own weight and at least four times the maximum desired load without fail. The suspension ropes, on the other hand, must be able to support at least six times the maximum desired load.
Inspection of the scaffold must be done by a competent person for any visible defects. Scaffolds must be erected, moved, dismantled, or altered under the supervision of the said person. Inspection of all components of personal fall protection should also be done by a competent person prior to use. Visible damage or worn equipment should be removed from the site immediately.
The Scaffold Law or the New York Labor Law Section 240 provides protection to construction workers from the potential risks associated with working on and around scaffolds. Violators shall be subjected to absolute liability for failing to provide adequate safety regulations and devices. Under the law, an injured worker need not be an actual employee of the contractor and they are legally liable for any injuries.
The Scaffolds Law involves complicated issues concerning party liability and compliance with safety regulations. For this reason, you need the help of an experienced attorney to enlighten you on the matter. They can help you receive just compensation for the injuries you will incur.
There are four major types of benefits offered by the Social Security Administration (SSA):
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:
The word “disabled,” as defined for SSI purposes, refers to physical or mental impairment, (including emotional or learning problem) that:
The words “income” and “resources,” on the other hand refer to:
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.
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
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.
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:
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.
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.
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 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.