Beware of Dog

Dogs can be the sweetest and most loving creatures. As any dog lover knows, these animals really can be man’s best friend. However, any dog can also bite. Dogs bite if they are provoked to do so. If a dog finds itself in a stressful situation, is scared or startled, or is not feeling well, it may defend itself by biting. The website for Centers for Disease Control and Prevention reports that approximately 4.5 million dog bites occur every year in the United States. With this in mind, it is important to know what to do if faced with the possibility of being bitten.

If approached by a strange dog, especially one that seems violent or angry, remain calm and stand still. Avoid seeming aggressive by not making eye contact and keeping your body turned away from the dog. Try to get the dog to leave by saying “no” in a firm, deep voice. If the dog still charges, protect yourself the best you can by covering your head and putting anything you have between you and the dog. Once safely away from the dog, assess your injuries and seek medical attention. Dog bites can lead to infection, and carry the possibility of rabies or tetanus. You should identify the dog’s owner and contact them to get more information about the dog. According to Clawson & Staubes, LLC: Injury Group, owners are responsible and liable for injuries caused by their dogs, even if they did not or could not know that the dog would inflict the injuries. It is important to file a report to help protect others from getting bit by the same dog. Dogs can be dangerous. Protect yourself by being wary of your surroundings and knowing what to do in case of an incident.

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Auto Defects Greatly Increase Risk of Accident and Serious Injuries

In 2014, two car companies recalled a fleet of their vehicles due to defective parts. One of the firms, Nissan, recalled nearly a million of its vehicles because of unreliable front passenger air bags; General Motors, the other firm, recalled 2.4 million of its sedans due to faulty taillights. Besides this, General Motors also had to recall 26.9 million more vehicles due to a defective ignition system. Though alarmingly big, these recalls were just half of the nearly 53 million vehicles recalled worldwide (about 34 million are in the US) due to the explosive air bag inflator manufactured by Takata Corp. and installed in various car brands and models. This recall due to exploding Takata air bag is presently the biggest auto-safety recall in the history of the car industry.

Hundreds of different recalls have been made in the past by vehicle manufacturers due to parts that malfunctioned. Some of these include a transmission shift cable that detaches, power steering that fails, a seat belt cable that fails to provide proper restrain, fickle tail/brake lights, front seats that do not detect occupants (which would result to air bags not deploying during an accident), and electronics that can disable front and side curtain air bags and seat belt pretentioners.

A recall can be made by a vehicle manufacturer – this is called a voluntary recall, or may be made through a court order instigated by the National Highway Traffic Safety Administration (NHTSA). A recall becomes necessary when vehicles or vehicle parts turn out to have a safety-related defect or fail to comply with minimum safety standards set by the Federal Motor Vehicle Safety Standards and Regulations of the NHTSA.

The Federal Motor Vehicle Safety Standards and Regulations is a set of guidelines to manufacturers of motor vehicles and vehicle parts. This was created by the NHTSA for the purpose of protecting the public against defective cars and malfunctioning parts which increase risk of injury or death during crashes. This set of guidelines specifically detail the minimum safety performance requirements for motor vehicles and parts, especially those parts that affect a vehicle’s safe operation, such as the brakes, lights and tires, and those that will keep drivers and passengers protected from fatal or serious injuries, like child restraint, air bag, safety belt, energy absorbing steering columns and motorcycle helmets (these federal standards cover all types of vehicles and vehicle parts).

According to Georgetown car accident attorneys of Evans Moore, LLC, one thing that can make car accidents so scary and so potentially dangerous is their unpredictability, which may be caused by a defective car part. A malfunctioning part increases risk of accident, which a driver can fail to escape from regardless of how careful a driver he/she is.

If a car accident occurs due to a defective part, however, an innocent victim should know that he/she can pursue legal action in order to seek compensation for the losses, injuries, and pain and suffering he/she was made to unjustly suffer. Being represented by an experienced car accident lawyer in this legal pursuit may be to the advantage of the accident victim.

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Degrees of Offense

Rape, which is one type of sexual assault, is forced, unwanted sexual intercourse that can be committed by a person on a male or a female of any age. The offender, called a rapist, uses force or violence in order to have control over another person. In some occasions, a rapist uses alcohol or illegal drugs to impair his/her victim so as to render (the victim) incapable of fighting back.

Regardless of who the offender is, a stranger, a date, an acquaintance, a friend, a family member or a spouse, so long as it is forced and unwanted, then the act shall be considered as a crime.

A rape charge alleges any of the following:

• Force was applied;
• The victim has a physical or mental condition that renders him/her incapable of expressing consent; and,
• The offender is in a position of authority and uses this authority to coerce the victim to submit to his/her malicious intents.

If the act is committed against a person under a certain age, then the offense committed would be “rape of a child” or “statutory rape” (this is due to the fact that the alleged victim’s lack of ability to consent is established by statute).

A “rape of a child” offense is determined based on the victim’s age. Based on age, rape of a child falls under three degrees:

1) Rape of a child in the first degree. This is the crime (a felony) committed if the victim is under the age of 12 (and not married to the offender) and the offender is at least two years older than his/her victim. Maximum possible sentence for this crime is life imprisonment.

2) Rape of a child in the second degree. A person will be charged with rape of a child in the second degree if he/she has sexual intercourse with another who is 12 or 13 years old and not married to the offender; the offender should be at least three years older than the victim. This crime is also a class A felony.

3) Rape of a child in the third degree. A person who has sexual intercourse with another who is either 14 or 15 years old and not married to him/her can be charged of this crime, which is a class C felony. The offender should also be at least four years older than his/her victim.

As explained in the website of Horst Law, though rape of a child is a Class A felony, state law mandates that the minimum prison sentence for a conviction on this charge be 25 years rather than the 15 stipulated under the sentencing guidelines for Class A felonies. In addition, anyone convicted of this crime may be subject to enhanced requirements for probation or parole. The aggravated form of this charge applies to offenses committed against a child aged three years or less. Though the aggravated form is a Class A felony, the offense is categorized in such a way that the minimum prison sentence will be 40 years if the defendant is convicted.

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Wrongful Death in the Event of a Catastrophic Accident: Who Should be Held Liable

Catastrophes have left many individuals dead and a lot more severely injured. These tragic occurrences have changed the lives of so many families which have lost a loved one, but, most especially, of surviving victims. Catastrophes can happen anytime and anywhere; these can damaging properties that can cost up to millions of dollars, as well as claim thousands of lives.

Most often than not, catastrophes are results of human error or man’s negligent acts and careless behavior. Consider events, such as the sinking of the Titanic, which took the lives of more than 1,500 passengers; the 1989 Exxon Valdez accident, which resulted to 10.8 million gallons of oil being spilled into the waters of Prince William Sound; the Piper Alpha Oil Rig fire in 1988, which claimed the lives of 167 workers and caused damages amounting to $3.4 billion – these are just three of the almost endless list of tragic accidents, which also include as fires, methane hydrate eruptions, and suddenly collapsing scaffoldings, tower crane, roofs, stadiums or houses. More than damage to property, though, which can easily be replaced with enough funding, is the most painful effect of catastrophes: wrongful death.

Wrongful death is a legal claim made by the beneficiaries or survivors of a person who has died due to the fault of another person or party. This is claim for damages that includes loss of earnings that the deceased could continued earning had he/she did not die, incurred medical cost prior to the injured person’s death, and, according to the website of Kirker Davis, LLP, loss of consortium (or removal of the benefits of a relationship, including sexual, because of the injuries or death caused by a negligent party).

While it may be easy to assign blame to another person in case of an accident, proving that person’s liability is never an easy task. The family of a deceased victim may choose to file suit against the accused liable party, prove his/her liability and file for claim in the process – all on their own or, they can choose to be represented by a seasoned personal injury or wrongful death lawyer who may be able to help them achieve all these.

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What Is A Deductible? – Understanding The Basics

When applying for a car insurance, one of the most important decisions you have to make is the amount of your deductible. It can have an impact on your insurance rate and can also have an effect on the financial impact of certain types of claims. According to the website of Chicago nursing home falls lawyers, a deductible is the amount of money that you must pay after an accident before the provider starts paying for damages.

If your car insurance only offers liability coverage, you do not have to worry about deductibles. On the other hand, if you have comprehensive, collision coverage, or both, then you need a deductible for both options.When choosing a deductible, you can either go for a higher deductible to reduce your car insurance premium or a lower deductible to lessen your out of the pocket expenses in case of a claim. In order to decide the best option, let us take a look at the pros and cons of each.

With a higher deductible, you will have more out of the pocket expenses. However, there is a downside to this option and that is lower biannual or monthly insurance payments. But if you choose to increase your deductibles, just make sure that you have an interest-earning account. By doing so, you can have ready money when you file a claim with your car insurance provider.

On the other hand, lowering your deductibles translates to higher monthly insurance rates. The advantage of this option is that even if you file a claim, you would not have to worry about out-of-the-pocket expenses as your insurance company can pay the remainder of the bill. So the decision is really up to you.

So when shopping for a car insurance, it is best to ask for a quote with different levels of deductible. By doing so, you will be able to see the difference in rate for each level of deductible. The important thing is to choose the deductible that you can afford and handle. You need to balance your budget and what you can afford to pay should a claim be filed.

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Cars and Bikes Rights on the Road

The NHTSA gets every road user, especially motorists, to honor the rights on the highway because this is the ideal way to produce a transportation environment that is safe. Legally speaking, bicycles have the same privileges on the highway as every other sort of motor vehicle. Though, several drivers have declined motorcyclists space they require on the way, bringing on substantial amounts in dead and badly wounded bicyclists.

Based on Williams Kherkher‘s website, there were about 51,000 injured and 600 killed cyclists last year alone. These numbers have continued to rise in the last couple of years, showing the excellent danger to after bikers start to ride on U.S. streets they are exposed. And in spite of the bike lanes on town roads that are busy, several drivers still will not admit the right of riders on the road, rendering auto and cycle collision a highway site every single day that is common.

The most frequent reasons for crash between cycles and motor vehicles are:

  • Car motorists immediately and abruptly turning in the front of bikers
  • Motorists, from parking places or driveways, reducing cutting a biker’s right of way and driving into traffic
  • Motorists neglecting to slow down at intersections
  • Drivers running a stop sign or traffic light
  • Motorists not getting moment to double check for incoming bikers
  • Reckless driving thanks to negligence or booze influence

In spite of the number of bicycle injuries, riding a bicycle should never be a viewed as a hazardous means of transportation or leisure action. Several cyclists have decided to ride along routes where they’ll be safer and appreciate their ride more if only to keep from the dangers that city roads present.

In the case of a collision, the culpable or reckless motorist must be made to face the consequences of his or her actions.

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Medical Malpractice: Erb’s Palsy

Erb’s palsy is typically considered one of the most common types of birth injuries in the United States. Based on the American Academy of Orthopedic Surgeons, only 1 or 2 of every 1,000 babies born in America have this specific condition. Infants with Erb’s palsy have problems with weakness or paralysis in one-arm.

The brachial plexus is a network of nerves between the throat and arm. Nerves that go from your spinal-cord to the arm, hands, and fingertips form it. This network merges in a place on the right or left side of the throat. Erb’s palsy occurs when the brachial plexus is injured during child birth. The condition is common in newborn babies who’ve had hard or complex deliveries while various conditions add to the risk of this kind of injury. To be unique, Erb’s palsy usually occurs when the baby’s neck is extended during birth.

As seen on this website, the variable causing the rise of the Erb palsy is negligent or careless errors made by medical staff throughout childbearing. Physicians or nurses can harm the delicate neural system of newborn babies by pulling at the head throughout delivery at the incorrect time when pulling the infant out of the birth canal and using extreme force on the shoulders.

Fortunately, newborn babies who develop Erb’s palsy can obtain feeling and motion in the affected arm with proper medical aid and treatment. That is why it is essential for parents to pay careful attention. Early detection will help prevent long term impacts that may cause long-term handicap and muscle atrophy. Individuals with Erb’s palsy may show signs of single-arm weakness and numbness in one arm. For more severe cases, individuals may discover that their baby’s arm is lax without the sign of movement.

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What Causes Airplane Accidents?

Compared to other modes of travel and transportation, most experts seem to agree that airplanes can easily be considered as the safest and most convenient. According to data from the Aviation Safety Network or ASN, air travel in the last recent year the safest it has ever been. As noted by the ASN in their latest industry report, the year 2014 was the safest year in commercial aviation despite some high-profile crashes that took over news headlines. Data shows that 2014 saw a total of 21 fatal accidents that resulted in 990 deaths. Given that worldwide air traffic is estimated at 33 million flights annually, the 2014 figures translate to 1 fatal flight for every 4.13 million flights.

While the data shows positive trends in air travel safety, the fact that accidents can continue to occur cannot be completely shaken off. Even with commercial aviation’s reliable safety record, the possibility that some error might cause an accident cannot be bypassed or ignored. The fact that factors causing the worst airplane crashes are hard to predict and foresee on time is a cause for alarm. Take, for example, one of the worst aviation accidents that took place in 2014. On March 8, the Malaysia Airlines flight MH370 carrying 227 passengers and 12 crew members disappeared. Among the contributing factors that that experts are considering for the flight’s disappearance includes the possibility of mechanical error.

The website www.jeffsampsonlaw.com points to other possible scenarios contributing to other airplane crashes. Some of the most common causes for such crashes include airline negligence, air traffic controller error, pilot error, pilot intoxication, and airplane defects or malfunction. When these incidents do occur, it’s important for victims and their families to know which parties should be held accountable for their injuries or loss. Airlines, pilots, traffic controllers, and other key players in the aviation industry are held with high regard. This should be met with the knowledge that they are responsible for the lives of millions and millions of passengers trusting that they will be provided with the safest and most convenient travel experience.

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Seat Belt Defects: A Common Cause of Injury

It is a well-known fact that vehicular accidents are common scenes in roads and highways all over the United States. This reality has led to several campaigns where drivers and commuters are constantly advised to prioritize traffic safety by observing proper practices, as well as traffic rules and regulations mandated by law. One of the many tips advised in these campaigns is the call to use seat belts regularly. As pointed out by the Centers for Disease Control and Prevention, in case of an accident, the use of seat belts cut the possibility of serious injury and fatality by about half.

Considering this information, it’s easy to see why seat belts are an integral part of any vehicle. There is no doubt that such a simple apparatus can save drivers and passengers from the devastating effects and long-term consequences brought about by most types of car accidents. Unfortunately, there are rare occasions when seat belts are unable to perform their necessary function due to some defect. When this happens, seat defects often lead to a host of outcomes that aggravate an already difficult situation.

Seat belt defects are among the most common type of car defects and malfunctions caused by manufacturers that have become reckless or negligent during their testing process. These types of defects are known to cause a variety of injuries. For example, seat belts that fit too tightly can cause severe compression to the chest and abdomen area during a collision. On the other hand, seat belts that are too loose or are improperly installed can fail to work in a crash, causing the driver or passenger to yield to the force and suffer injuries that range from fractures to internal trauma. Stronger collisions and other major crashes like rollover accidents can result in even more devastating outcomes, such as disability, paralysis or even death.

When any of the above scenarios take place, it’s important to hold negligent manufacturers responsible for the defective products they put out in the market. Victims and their families can seek out legal action and pursue just compensation to find the closure they need to move on from such a traumatic event. View more about seat belt defects.

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Whiplash: The Most Common Injury in Car Accidents

In car accidents, the severity of injuries are determined by different factors, such as the use of seatbelt, the effectivity of the car’s safety features, including the air bag, which part of the cars were hit (the most dangerous is head-on collision), and the speed of both vehicles before impact.

Injuries that can be sustained in car accidents range from minor bruises to serious physical harm. While lacerations, bone fracture, neck and spinal cord injuries, and internal injuries may result during serious accidents, one that registers the highest consequence, as shown in the records of the American Chiropractic Association (ACA) is whiplash, a neck injury that is caused by a sudden violent blow to the head, causing it to jolt back and forth.

Some of the effects of whiplash are injury to the soft tissues in the neck area, as well as damage to the ligaments, muscles, and tendons. Injuries resulting from whiplash, however, are often not immediately determinable, making it very important for the injured to be observant of the symptoms associated with it, like a sense of pins and needles in the arms area, headache, dizziness, blurred vision, nausea, swelling of the neck, back pain, difficulty swallowing, muscle spasm and sudden lack of energy.

Being hit by another car, practically from any direction, regardless of that car’s speed, can cause whiplash. Thus, to lessen the likelihood of anyone sustaining this type of injury or to reduce the gravity of the effect of collision, car safety experts advice drivers to always wear a seatbelt besides doing the following:

  • Make sure that their car’s seat is inclined to an angle that is less than 20 degrees as this will help keep them in their seat during a rear-end impact
  • Adjust their seat’s head restraint to a level not too high or too low from their head
  • Make sure that the seat’s head restraint is about 2 inches or 5 cm from the back of their head.

Vehicular accidents may be the top cause of whiplash; however, the injury can also be sustained due to a fall, in sports or because of assault. While there may be instances when an accident, which caused whiplash, can be blamed on the injured victim himself or herself, there are many more occasions when it is a result of another person’s negligence.

The website of The Law Offices of Crowe & Mulvey, LLC, says that everyone’s shared responsibility in acting in ways that will never put anyone at risk of accident or injury is part of the law. Thus, a negligent act that causes harm to others holds the liable person or party legally answerable to the victim/s of his/her carelessness. One major legal implication of an injury-causing negligent act is compensation to the victim for whatever damages that victim may be faced with. But while cost of medical treatment and loss of wages (if the injured is employed and misses work due to the injury) may be computed easily, other sufferings that the accident can cause in the victim, like trauma, is not easily calculable. This is one of the reasons why being represented by a seasoned personal injury lawyer is necessary, whether in a lawsuit or in an out-of-court settlement.

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