Posts by Albert

Different Kinds of Road Defects

Posted by on May 10, 2017 in Personal Injury | 0 comments

Many car accidents happen because of the driver’s fault. The cause may be understandable errors, such as failing to negotiate a turn, or completely unacceptable ones, such as intentionally driving while drunk. But there are also instances where car accidents occur because of third parties.
Some of these instances involve road defects, and the parties that can be at fault are construction companies who are responsible for the design and construction of the road or jurisdictions who are responsible for the maintenance of the roads in their areas. According to the website www.mazininjurylawyers.com, those who have been injured because of road defects may get compensation from the responsible parties.
Of course, preventing accidents is still the more attractive choice compared to getting compensation for the damages. To prevent accidents, the first step is to know the possible road defects that can cause them.

Design Defects

Design defects are design issues that make the road more dangerous than what it should be. Below are some of the most common road design defects:

  • Absence of road and warning signs
  • Absence of traffic lights
  • Dangerously sharp curves and turns, especially on elevated roads
  • Little to no road shoulder
  • Overly narrow lanes
  • Ungraded curves and turns

Construction Defects

Even if the road has good design, it may still be dangerous because of poor construction techniques, such as the use of inadequate materials.

  • Poor drainage system, resulting into water buildup
  • Poor pavement, resulting into roads that can easily sustain cracks and potholes
  • Structural problems on bridges, freeways, ramps, and other connectors

Maintenance Defects

Roads should be maintained so they are always in great condition. Failing to maintain roads may result into defects that may put motorists at risk.

  • Debris on the road
  • Defective traffic lights
  • Faded white and yellow lines
  • Foliage buildup
  • Poor lighting
  • Unreadable road and warning signs
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Types of Mail Fraud

Posted by on Feb 13, 2017 in White Collar Crime | 0 comments

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.

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How to Find the Right Nursing Home Facility

Posted by on Dec 29, 2016 in Elder Issues | 0 comments

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.

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A Look At Some of the Famous Product Liability Claims

Posted by on Nov 23, 2016 in Product Liability | 0 comments

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.

1. The case of the hot coffee

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.

2. Faulty gas tank

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.

3. Failure to warn

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.

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Identifying The Major Hazards In The Construction Site

Posted by on Sep 13, 2016 in Personal Injury | 0 comments

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:

Fall Hazards

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

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.

Electrical Hazards

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.

Caught-in Between Hazards

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.

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