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, 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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