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
One of the most dangerous types of cancer that an individual can develop is Mesothelioma due to the fact that it remains undetectable until it has developed to a certain stage wherein any form of treatment will no longer work. Mesothelioma forms in the mesothelium, which is a kind of coating that protects the different major internal organs of the body. Its symptoms usually appear 15-50 years after a person’s exposure to Asbestos, a “miracle” mineral, which is this chronic cancer’s major cause.
Asbestos is one of the most widely used chemicals around the world due to its remarkable efficacy, elasticity, sound absorption, tensile strength, resistance to chemical and electrical damage, resistance to heat and fire, abundance and availability, and affordability. Its use extends from the most common household items and appliances, such as fabrics, irons, toasters, dishwashers, refrigerators, and deep-fryers, to commercial and industrial equipment, like brakes and clutches, generators, steam pipes, turbines, hot water piping, insulators, boilers, cement, floor coverings, roofing, acoustic insulation, and so forth.
Inhalation of asbestos fibers (either regularly or in great quantity) is what poses the risk of developing mesothelioma. Individuals who are most prone to having this malignant lung cancer are workers in processing plants, shipyards, mines, auto manufacturing plants, construction sites, as well as plumbers, electricians, firefighters, etc.
The height of the use of asbestos happened in the mid 1900s, but it was only during the 1990s, when an alarming increase in the number of mesothelioma cases began to be reported around the world, that its manufacture and trade began to be banned in some parts of the world.
Some of the symptoms of Mesothelioma include shortness of breath, unexplainable weight loss, fatigue, frequent coughing and reduced respiratory function; these symptoms, however, can also be seen in many other types of (less serious) illnesses, thus, making it still harder to detect and identify the person’s real health condition. However, awareness of having been exposed to asbestos, even in the distant past, and then showing these symptoms would give some hint on the possibility of the presence of the cancer. Seeking the help of a Houston personal injury attorney can help the victim of asbestos and mesothelioma decide the best legal options available for the compensation that the law may entitle him/her to receive.Read More
Did you know that municipally-treated water can still be harmful to your health and home?
According to American Water, the chlorine used to disinfect water for residential use can cause damage to plastic components in faucets and appliances and leading to that annoying drip, drip, drip in the middle of the night. Chlorine is also a caustic agent, so when there is too much chlorine in the water it can cause the colors of fabric to fade and dry out skin and hair. In areas with a dry climate such as Texas, you don’t want to use chlorinated water doing more damage to your skin than the sun and wind.
You will know if municipally-treated water contains excessive amounts of chlorine because it irritates the eyes, much like swimming in a pool with a poor filtration system. But more importantly, recent studies suggest that drinking chlorinated water increases the incidence of certain diseases, including but not limited to cancer, childhood asthma, and liver problems.
The reason water is treated with chlorine because it kills off harmful pathogens that may be lurking in the water. However, the benefits of chlorine are significantly offset by its adverse effects, and most people wonder what can be done to minimize these effects.
One solution would be to install a whole house water filter system that would remove much of the chlorine in the water as well as soften the water. In Texas where the water hardness is rated at more than 1,000 ppm (parts per million) which is extremely hard, this is a definite need. With a whole house water filter, all the taps, faucets and showerheads will be efficiently spewing out clean, filtered water. While the initial investment may be considerable, savings from preserving the integrity of your water pipes and fixtures as well as less energy used by water heaters will pay off it off in the long term.Read More
Employees in the U.S. who sustain work-related injuries or develop an illness due to exposure to dangerous chemicals at work, are entitled to immediate financial assistance that will cover tier medical treatment and which will cushion them from the effect of a possible financial crises due to loss of capacity to earn and the inability to immediately go back to work.
Such right is stipulated in the Workers’ Compensation benefit, a law that was passed in 1908 for the very intention of providing the much financial assistance needed by injured workers. Before the passing of this law, workers needed to sue their employers just to avail of the needed compensation. Besides damaging employee and employer relationship, the lawsuits were often won by employers, who always resorted to any of the following arguments:
If ever there were instances wherein the employee won the case, the compensation he/she was awarded with was either delayed or much less than what he/she actually expected and deserved.
Between 1911 and 1920, majority of the states implemented the workers’ compensation benefits law with certain changes to align it to the laws in their own states. Filing for injury benefits through workers’ compensation ensured employees of financial assistance as this insurance benefit was not dependent on the financial capability of any employer. One item the benefit stated, however, is the employer’s freedom from any and further financial and/or legal obligations once the benefit has been awarded.Read More
Nurses are the lifeblood in any healthcare facility, although doctors get most of the public’s attention. Without nurses, patients would not get the constant monitoring and care they need in hospitals, nursing homes, or long-term home care.
As such, nurses wield a lot of power over their patients, and this is not always a good thing. Health agencies are aware of this, which is why the conduct of nurses are closely monitored and their licensing requirements constantly updated. This is the best way to ensure that only qualified, competent and conscientious nurses are allowed around the most vulnerable members of the population, meaning the sick, the elderly, and the very young.
However, all systems have flaws, and sometimes unjust or unfounded charges may be brought against a nurse that may cause the suspension or loss of the license. Whenever a nursing license defense becomes necessary, it is always best to consult with a lawyer with extensive experience and a good track record in the relevant jurisdiction. According to the Leichter Law Firm website, there are complex processes involved in nursing license defense and only a duly trained lawyer would know how to work it. One should not trust one’s future and career on the advice of well-meaning friends, family members or colleagues unless they have the legal training for it.
But the worst thing a nurse brought on charges can do is to depend on the Internet. While it is always a good starting point, the Internet is not wholly reliable when it comes to correct information; it takes a lot of discernment to separate the chaff from the wheat. Any tip or advice that comes from sites like nurses’ forums and chat rooms should be taken with a grain of salt; taking it for gospel truth could be the fastest way to get booted out of the nursing profession without a shot fired.
When in need of nursing license defense, check the Internet for law firms specializing in the field as well as ask around for referrals. Most reputable law firms will provide an initial consultation for free. Narrow it down to the one that seems to be the most competent; the expense may be well worth it.Read More