The use of the U.S. Mail system to deceive another person for personal gain is known as mail fraud. As with any white collar crime, mail fraud is a serious charge. According to Cazayoux Ewing Law Firm, if charges of mail fraud are brought against a person, then there is a good chance that this person has already been under investigation for a pretty significant period of time. The U.S. Postal Inspectors are in charge of investigating any crime in which the U.S. Mail system is used. This organization, sometimes with the assistance of other government agencies, is in charge of seeking legal action against the accused. The U.S. Postal Inspection Service writes that “Postal Inspectors may seek prospective or administrative action against the violator,” meaning that charges of mail fraud can be a serious accusation.
The U.S. Postal Service can itself be incorporated into the scam. This instance of mail fraud involves falsely posting a job offer to work for the postal service by putting a notification in the mail, a newspaper, or another public place. Once contacted, the person issuing the false advertisement will often ask for a fee in order for you to receive information about the position. Another common fraud is a fake service offering training in order to help you pass a required Postal Service examination that must be taken before employment. Additionally, these advertisements can promise that applicants will be placed on a special list from which new hires are selected.
Another type of mail fraud originates from a commercial enterprise. The guidelines detailed in the Deceptive Mail Prevention and Enforcement Act outline the specifics of this type of mail fraud. Mailings that offer some form of sweepstakes must clearly display the rules of the contest. Additionally, the mailing must inform the entrant that no purchase is necessary to enter the contest and that a purchase doesn’t improve the chance of winning the contest. An important part of the sweepstakes posting is the inclusion of a contact for the mailer. The posting must include an address for the principal place of business of the mailer or some other way of contacting the mailer. If these requirements are not met, then the sweepstakes offer is considered mail fraud.Read More
There are close to 1.5 million elders, accident victims needing rehabilitation and therapy, and mentally disabled young adults residing in about 16,000 nursing home facilities in the whole of the United States. Every day, these residents require not only minor medical attention, but also the care and assistance of registered/licensed nurses, nurse aides and staff in performing even the most basic daily routine of bathing, eating and others.
Thousands of nursing homes, however, do not have enough personnel to provide quality care to all residents. Thus, instead of genuine care and physical/emotional comfort from their supposed-to-be caretakers many, rather, suffer physical, emotional, sexual (and even financial) abuses from over-worked and stressed-out aides and/or staff.
Among the types of abuses, sexual is considered to be the most wicked; however, due to shame, threats and difficulty on the part of the abused in explaining his/her unpleasant experience (for fear of being suspected of simply suffering from dementia), this abuse becomes the least reported and it is not easy to detect either.
Fondling, forced nudity, display of pornographic materials, forcing another resident to touch or kiss the victim and forced penetrative acts are just some of the ways through this type of abuse is committed. Some probable ways of detecting sexual abuse is by observing the patient for any sudden change in his/her attitude or behavior, over-sensitivity to touch, fear and unexplained scars.
Often, the defense mechanism of sexual victims, to make it appear, as well as convince themselves, that nothing is really happening is by warding-off any thoughts about the abuse and casting an appearance of calmness and composure.
Nursing home abuse is a crime and, in many states, those who commit it are convicted of felony if proven guilty. This move is to help minimize the number of abuses committed against nursing home residents each year.
There are also moves to help families find a really good nursing home for their elderly loved ones. In fact a list of the Best Nursing Homes is available in federal Centers for Medicare & Medicaid Services. The government has already identified at least 3,000 good nursing home facilities all across the U.S. The determining factors considered by the government in identifying whether one home is good or not are quality care, number of staffing (licensed nurses and nurse aides) and health inspections.
According to nursing home abuse lawyers from the law firm Karlin, Fleisher & Falkenberg, LLC, perpetrators of sexual abuse in nursing homes are often the very people tasked with taking care of the residents. In some cases, perpetrators may even be other residents. Regardless, nursing homes must always be vigilant and look for all forms of sexual abuse from staff and residents alike.
Families, on their part, must also guard about manifestations of sexual abuse, though these could really be hard to detect. Even the slightest feeling of suspicion that his/her loved one may be experiencing sexual abuse, an attorney may be able to help prove it and hold the responsible party accountable.Read More
Product liability cases have been making the headlines over the last decade. Manufacturers need to maintain the highest standard of safety when designing products. When they are sold in the market, consumers always assume that the product had already been tested safe. According to the website of Karlin, Fleisher & Falkenberg, defective products that are sold in the market result to serious injuries.
In recent years, numerous product liability claims have been field against some of the most popular companies. In this article, we shall take a look at some of them.
In 1994, 79-year old Stella Liebeck filed a case against world renowned food chain McDonald’s. Her claim had something to do with the restaurant serving coffee at 180 to 190 degrees Fahrenheit as compare to the 140 degrees of other restaurants. The case stemmed from Liebeck suffering 3rd degree burns. She was hospitalized for eight days, underwent skin grafting and then two years of medical treatment. In the end, Liebeck received $2.7 million in punitive damages and $160,000 for medical expenses.
General Motors, the leading American car manufacturer, has frequently been a target of product liability cases. In 1999, the company paid $4.9 billion in punitive damages in connection with a faulty gas tank on its 1979 Chevrolet Malibu which killed six individuals after the gas tank exploded.
Cigarette manufacturer Philip Morris was sued by a woman who had lung cancer. She alleged that her addiction to tobacco was due to the company’s failure to inform her of the risks of smoking. In 2002, the company was ordered to pay $28 billion worth of punitive damages and $850,000 in compensatory damages. Philip Morris appealed the case and in 2011, the amount was reduced to $28 million.
These are just some examples of product liability cases that have made the headlines for their defective products.Read More
The construction site is one of the most dangerous places for a worker to be in. While they account for only 6 percent of the American workforce, the industry accounts for more than 20 percent of all job-related fatalities. As the website of this Houston Personal Injury Lawyer reveals, it is important for construction sites to be excellently managed to keep dangerous conditions from arising. Here are the top four hazards in the construction site:
According to statistics compiled by the Bureau of Labor Statistics and Occupational Safety & Health Administration, fall hazards account for 36% of construction worker deaths in 2012. They include scaffoldings, ladders, and roofs. Employers should put in place fall protection policies and should have the necessary equipment that will keep workers from falling. The employees should also be trained on evaluating and identifying fall hazards.
Struck-by hazards account for 10% of construction worker deaths. Most of the fatalities involve heavy equipment and 1-in-4 struck-by vehicle deaths involve construction workers. To prevent fatalities, employers should set-up barricades and warning signs as well as assign spotters and flaggers when working in roadways and there is continuous traffic.
The data compiled by BLS and OSHA revealed that 9% of construction worker deaths in 2012 were from electrocution. Power lines, live circuits, power cords, and power tools can expose workers to injuries and even death. Employers should put in place precautionary measures in order to prevent electrical hazards from injuring construction workers.
Two percent of fatalities in the construction site were due to being caught between objects. Caught-in between hazards may include excavations and trenches. These hazards can collapse and trap workers who are working in these sites. It is important for workers to comply with safety standards and use protective gear.
Known as the “Fatal Four,” these construction site hazards claim lives of workers on a yearly basis. By eliminating these hazards, 435 construction workers can be saved every year.Read More
A new brain scan, which is conducted via a new generation of radioactive pharmaceuticals, is considered a one-step forward by researchers when it comes to diagnosing and categorizing a brain illness that has tormented many American football players for many years now.
This brain scan, which is recently done by researchers at Mount Sinai Icahn School of Medicine in New York City, shows that a 39-year-old living former National Football League football player is suffering from psychiatric symptoms consistent with chronic traumatic encephalopathy, an illness that has also been the bane of late football players Michael Lewis “Mike” Webster and Tiaina Baul “Junior” Seau, Jr.
Said 39-year-old former football player has had suffered from a number of concussions during his playing years, researchers, who include Samuel Gandy and Dara Dickstein of Mount Sinai Icahn School of Medicine in New York City, said. These researchers use cutting-edge ligands, or substances that bind to receptors and are able to be seen via brain imaging, to examine the brains of living athletes at risk of incurring CTE, who include NFL and National Hockey League players.
In line with the Mount Sinai researchers’ goals, Robert Stern of Boston University, who also want to speed up the process of diagnosing CTE in living people, said he, along with the Mount Sinai researchers, is using a new ligand called T807, which is not yet approved by the United States Food and Drug Administration and has been used in human testing only in 2014.
Stern, who says the primary goal is to diagnose the CTE in an athlete before the illness can spread all throughout the person’s brain and therefore prevent the illness from escalating to an early death for the player, is being funded by grants from the Department of Defense and National Institutes of Health.
The website of Crowe & Mulvey, LLP says that mild traumatic brain injuries can cause temporary disfunctioning in brain cells, whereas major traumatic brain injuries, such as CTE can cause torn tissues and bleeding in the brain that when not addressed promptly can cause conditions that may lead to death.Read More
According to the Agency for Toxic Substances and Disease Registry, a toxic tort is really a legal expression for chronic or active contact with dangerous matter including chemicals, pesticides, gasses, or medications, although it seems like an evil cake. Injury or any injuries resulting from this exposure can lead to a toxic tort lawsuit.
There are numerous ways that individuals or a person can be subjected to materials that are hazardous. These include:
In the USA, when a serious injury happens from some of the above forms of coverage, the effects can be crushing. In some of these cases, the effects of the exposure attest years after, including what happened to employees in asbestos-containing materials, where cases of asbestosis and mesothelioma arrived 40 to 50 years afterward.
But the most frequent possibly are dangerous drugs which affect people from many walks of life are medications. Based on the site of Habush Habush & Rottier, the side effects of the medications often introduce larger health issues in relation to the ailment they are supposed to treat.
Whatever the origin of the toxicity, such cases represent a sizable part of individual injuries cases, which should be handled by experienced attorneys for outcomes that are desired. When you endured serious because of the negligence of a third party and have already been exposed to a substance that is noxious, perhaps you are qualified to get damages.Read More
Many people find the idea of vacationing on a cruise ship as the most ideal way to travel. Going on a cruise promises luxurious accommodations and state of the art facilities while being transported from one amazing destination to the next. Who wouldn’t dream of such a convenient and relaxing way to travel? Many cruise lines also offer their passengers the option to take part in various activities once they reach their intended destinations. These cruise ship excursions allow passengers to immerse themselves in the locales in their itinerary through activities such as scuba diving, snorkeling, hiking, horseback riding, as well as walking and eco-cultural tours. Other popular in-land activities also include ATV riding and dog sledding.
While enjoyable, many of these activities pose a certain amount of risk if the cruise line isn’t careful with their facilitation and operation. According to this website , accidents during cruise ship excursions are a common cause for concern. Many of these potential dangers can cause serious injuries, eclipsing the fact that passengers should be enjoying their time while on their dream vacation.
Dock accidents are among the most common accidents that passengers should be aware of. These incidents take place when a cruise ship fails to properly dock at the assigned port, causing sudden lurching movements and instability that can lead to passengers accidentally falling or slipping. Dock accidents can lead to physical injuries such as broken bones, knee injuries, spinal cord injuries, and head trauma.
Another type of accident common to cruise ship excursions are tender accidents. When passengers are transported from the ship to the shore, they will have to ride smaller vessels called tenders. Tenders can easily become unstable, especially if the vessel is being operated by a negligent operator. There’s also the danger of an accident during boarding and disembarkation.
Cruise ship passengers can also suffer from vehicular accidents as they are being transported from one venue to another while completing their in-land itinerary. Accidents are also sure to occur if there are defects in the equipment used by passengers during the excursion activities offered by the cruise line.Read More
While Nashville, Tennessee is known for being a notable center for the music industry, its culinary landscape is also starting to get international renown. As a matter of fact, Nashville has a number of food events and experiences lined up throughout the entire year. Enthusiasts can take part in various gastronomic adventures regardless of the time of year they come visit the Tennessee capital. The following are just some of the most notable Nashville food events that should be crossed off from every foodie’s list.
Nashville Street Food Month
Throughout the entire month of May, the Nashville Food Truck Association will feature a series of events that highlight the growing number of food trucks in the city. The entire celebration is often kick started by several food trucks serving lunch to attendees while parked in a notable area in downtown Nashville.
Taste of Music City
Perhaps the largest food and drink event in Nashville, Taste of Music City is held annually in June and features some of the best restaurants and beverage makers in the area. The event is also enhanced by live music.
Music City Cook Off
Music City Cook Off sees a number of cooks, chefs, and other culinary professionals facing off with each other in several competitions. The event is categorized into three contests: Seafood, Cheese, and Dessert. The 2015 competition will be held in September at the Tennessee State Fairgrounds.
Taste of Nashville
Taste of Nashville is another food and beverage event that visitors can’t miss. It is an annual event hosted by the Phoenix Club of Nashville that showcases a huge variety of local restaurants, dessert makers, brewers, and distillers.Read More
Storage units are a great, safe way to keep excess belongings from cluttering your home. However, even when anticipating the best, it is also smart to prepare for the worst. Storage space insurance is a responsible choice to make when renting and using a self-storage unit. Whether the belongings contained in the space are valuable antiques or priceless keepsakes, your possessions should be financially protected from any potential damage. According to the website of Mopac Self Storage, if your belongings are worth storing, they are probably worth insuring.
Some homeowners and renters insurance offer partial coverage for stored items. When this is not the case, it is possible to add on to an existing policy or go directly through the self-storage unit to purchase insurance. In most situations, self-storage insurance is a cheap fee that can be added to the monthly rental fee for one easy payment. This protection is necessary if an accident such as water damage, fire, or theft were to occur.
Once all of the items are stored, appraise the items before signing an insurance policy. Have your stored belongings listed on the insurance policy to maintain an accurate account of what items are stored and how much they are worth. Know what your belongings are worth in order to obtain the appropriate coverage and guarantee that you are covered if the worst were to occur. Insurance companies also advise a monthly visit to the insured storage unit to check on the possessions housed there.
Make note of other benefits that insurance policies may offer. If you are often moving your items in and out of storage units, look for a policy that incudes in-transit coverage to protect your items. Still inquire about storage unit insurance even when business or home owners insurance already partially covers your stored belongings for supplemental coverage.Read More
It may seem a stretch, but a New Jersey court found that a person who texts someone who is driving may be held liable for personal injury or property damage if doing so leads to an accident.
Vehicular accidents can be simple and straightforward to complex and convoluted. It depends on many factors, and any criminal defense lawyer will confirm this emphatically. It seems simple enough to find fault with a driver who acts recklessly and irresponsibly by texting while driving when it results in an accident, but not many people would lay blame on a person who is not even on the scene. Technically, however, it does make sense.
In the case of third-party texting liability, there are two things to consider in determining if it has merit: the driver was distracted by a text at the time of the accident, and the third-party texter knew or had reason to believe that the receiver would be driving when he or she receives a text.
According to the Public Health Law Research, engaging in any mobile-related activities while driving increases anyone’s risk of having a car accident by 28%. But the logic is, if you don’t receive calls or texts while driving, you won’t get distracted. If a third party continues to text a driver even while knowing that the receiver is currently operating a vehicle, this constitutes negligent behavior. Read more about this on an attorney’s website if you need to.
The legal ramifications of such liability are still unclear, but with the increasing number of incidents of mobile-related traffic accidents, it is the logical next step in accident prevention. Currently, most states penalize drivers who are observed using their hand-held device while driving, although it is not yet considered a criminal act. If you are involved in an accident result in injury to a third party, you and your text mate may be held criminally and civilly liable and may be sued, depending on the circumstances.Read More