Construction work is a necessity across the country, in order to keep buildings safe and to accommodate growing populations in many states. However, this job comes with many inherent risks, due to the use of heavy machinery and work that often occurs at great heights. When all employees and employers work together to create a safe environment, many of these dangers can be avoided. Nonetheless, negligent or careless behavior occurs frequently on job sites and can have devastating results. The Boston Globe recently reported on one such accident, which led to the death of a construction worker in Woburn, Massachusetts.
In July of 2017, a construction worker was found dead on the worksite that is renovating the Woburn public library. The worker was an employee of the Schnabel Foundation Company that had been hired as a subcontractor to work on the library’s renovation. The worker, Mark Camire, had been working on the foundation of the building when he was struck with rock. When emergency personnel arrived at the scene, he was pronounced dead. The Schabel Company is working to investigate the specifics of the accident. The Occupational Health and Safety Administration (OSHA), as well as the Woburn Police, are a part of this investigation. Additionally, the city officials and construction leaders have met to discuss the safety of the renovation project as well as future work on the building. The excavating corporation working on the library, W.L. French, expressed deep sadness for the loss of this long-time worker and for his family and friends, who are deeply affected by his loss.
Incidents such as this are unfortunately common across the country. Thousands of workers are injured, and hundreds are killed each year on construction worksites, often due to preventable accidents. Although the specific cause of the Camire’s death in Woburn is unknown, the subsequent investigation will help bring light to this information. It is possible that there was no way to stop this rock from harming Camire, but is also equally as likely that another worker could have helped Camire or could have stopped this event from occurring at all. This type of loss is devastating to all who knew Mark Camire, but his family especially will face the consequences of his death. Not only must they deal with the emotional pain of the loss of a loved one, but they must also manage the financial impact that the loss of income will cause.
For many families, a lost income may mean significant debt, inability to pay loans or mortgages, or even a struggle to provide basic necessities, such as food and clothing. Fortunately, in cases such as these, Camire’s loved ones may receive compensation for their losses, specifically in the event that the investigation determines negligence or recklessness as the cause of his accident. Construction accident attorneys, such as Crowe & Mulvey LLP, can help individuals and families that are the victims of these accidents understand their rights and take the appropriate action. Although financial compensation won’t bring back a lost loved one, it can help prevent additional hardship during this difficult time.
Americans are vulnerable to an alarming number of natural disasters, such as earthquakes, floods, hailstorms, and bushfires. But one kind of natural disaster is not getting as much attention – tornadoes.
Tornadoes, just like other natural disasters, can pose a threat not just to American lives, but also to American properties, like homes.
Below are some of the most commonly damaged parts of the house during a tornado.
We have all seen it in disaster movies – roofs of houses getting blown away by monstrous tornadoes. This is a stereotype because it does happen. Also, contrary to popular belief, this happens not just because of the sheer force of the tornado, but also because of how strong the roof is attached to the foundation of the house.
In the event of a tornado, there will be flying debris and projectiles that can crash into the glasses in your house and break them. Typically, the glasses in your house can be found in windows and doors. But it is important to note that these flying objects are not just the ones that can break glass, the pure force inflicted by the tornado can break glass just as effectively, if not more.
In extreme cases, tornadoes may have enough power to hurl big objects, such as vehicles and trees, and slam them onto your walls. At worst, this can result into wall collapse, but wall cracking and paint chipping should not be overlooked. But even during tornadoes that are not so powerful, flying debris can be unavoidable, so your walls can still sustain damage.
According to the website of these Houston public adjusters, there are instances where insurance companies don’t give you what you deserve, like when they improperly appraise the value and assess the damage in your property.
Aside from the general damages mentioned above, there may be more damages that are unique to your case, like how your garage door may be broken, or how an uprooted tree has destroyed another part of your house. So, you should be very extensive in assessing damage.
Common Dangers in Swimming Pools
When it comes to accidents, swimming pools are not the first things that come into your mind. But did you know that swimming pools can be dangerous enough to cause injuries, and on the worst cases, even death?
Those who are in swimming pools and those who are near them are vulnerable not just to drowning and its associated complications, but also to broken bones, lung diseases, and skin damages. The accidents that may cause these conditions are even worse if they are the result of the negligence of the swimming pool owners or similar parties.
According to the website of Habush Habush & Rottier S.C. ®, those who have been injured in swimming and diving accidents may have legal options, such as getting compensation from the responsible parties. But what are the common dangers in and around swimming pools that put you at risk?
- Absence of fences around the swimming pool, making it too accessible for persons who should not be in the water, such as unsupervised children and mentally challenged individuals
- Absence of instructions and warnings, particularly those that involve safety, such as food disallowance instructions and water depth warnings
- Absence of safety services, such as lifeguards who can look after those who are in the pool and security guards who can look after those who are around the pool, or the incompetence or negligence of available safety service units
- Defective pool equipment and facilities, such as overly powerful drains that may cause entrapment and ill-maintained diving boards and stairs that may cause slipping and falling accidents
- Slippery objects, especially those that are near swimming pools, such as molds at the edge of the pool that may make unsuspecting passers slip
- Overuse of chemicals such as chlorine in the swimming pool, making them too harmful for those who are in the pool
But as persons who want to have good times in swimming pools, we should also not rely on property owners to be safe. We should do our own measures to stay away from danger.
Despite the So-Called “Government Immunity” or “Sovereign Immunity,” States, Municipalities and Cities can be Held Liable for Road Crashes
When a car crashes due to reasons that are purely unexpected or totally out of man’s control, such as an earthquake, an erupting volcano, a tornado, hail, lightning, hurricane, windstorm or any other naturally-occurring catastrophe, or it can be a sudden-medical-emergency, like a heart attack or a syncopal episode, a condition wherein a person experiences a sudden drop in blood pressure, causing him/her to pass out, then blame is placed on act of nature, more commonly known as “act of God.”
Since natural disasters or sudden-medical-emergencies cannot be foreseen or prevented, courts usually do not hold a driver accountable for resulting accidents; civil lawsuits that would allow injured victims to claim compensatory damages are, therefore, dismissed. Those injured can, instead, recover damages from their respective insurance provider, regardless of the cause or who was at-fault in the accident.
The case is totally different if an accident were a result of an act of negligence. An act of negligence, which is a major contributory factor to errors that result to accidents may be committed by drivers themselves, by or by state, municipality or city officials entrusted with the construction, repair and maintenance of roads, highways and bridges. Driver-controlled errors, according to the National Highway Traffic Safety Association (NHTSA), include drunk-driving, speeding, distracted driving, and reckless driving, among others. Errors by car manufacturers can include production of defectively designed cars or use of defectively manufactured car parts (the only problem with this is defects are only usually discovered after these have already caused an accident).
While drivers and manufacturers can easily be held accountable for accidents resulting from their negligence, holding a government agency liable, due to road defects or poorly constructed or maintained roads, can be very challenging due to the so-called “government immunity” or “sovereign immunity,” which renders states, immune from any form of liability, despite injuries during an accident.
Defective roads are characterized by missing or poorly constructed guardrails, poorly lighted streets, traffic signs blocked by trees or other fixtures, wrong or missing road signs, lack of railroad crossing lights, roadway debris, uneven pavement, water pooling on roads, potholes, and so forth. Drivers, who fail to notice potholes or other road hazards can easily lose control of their vehicle and suffer an accident.
In their website, Milwaukee car accident lawyers of Habush Habush & Rottier, S.C. ®, says that, “Due to the high rate of speed that drivers reach while on a highway, motorists can be seriously injured when a defect with the roadway causes a car accident. Typically, road maintenance is the responsibility of government agencies. However, these agencies may not be as responsible or proactive as they are supposed to be, potentially leading to catastrophic auto accidents.”
Immunity of government agencies from lawsuits is not absolute. If it can be proven that there is gross negligence in maintaining a roadway then holding a government agency liable and claiming compensation from it are not impossible, especially if an accident victim is represented by a determined and experienced personal injury lawyer.
Belladonna is one form of homeopathic medicine that is sold over-the-counter. It is derived from the Belladonna plant, a poisonous plant, that is also known as deadly nightshade or devil’s cherry, but with medicinal properties.
Besides its use as a sedative, Belladonna is also used in treating illnesses which manifest the same symptoms triggered by belladonna poisoning; these symptoms include seizures, vomiting, difficulty breathing, lethargy, excessive sleepiness, muscle weakness, skin flushing, constipation, difficulty urinating, blurred vision, and confusion.
The Belladonna homeopathic supplement, like any other herbal supplements, is never tested by the U.S. Food and Drug Administration (FDA) for safety or effectiveness. Thus, despite claims that Belladonna is effective, both the FDA and the National Institutes of Health (NIH) do not substantiate this claim, but rather says that large doses of medications that contain this homeopathic medicine can even result to poisoning.
This homeopathic medicine is used as an active ingredient in a number of medications, including Hyland’s Teething tablet, which is intended to provide babies with temporary relief from teething discomfort and from the symptoms of restlessness and wakeful irritability due to cutting teeth.
On October 13, 2016, the FDA said that it is looking into the truthfulness of reports concerning 10 infant deaths and more than 400 reports of seizures, fever, and vomiting which may have been the result of the use of Hyland’s Teething tablet. Just a month ago, the agency issued a warning, wherein it tells parents not to use homeopathic teething gels and tablets and to dispose of any teething treatments that they may still have in their possession. This warning contains almost the same message that it made 2010, where it said “The U.S. Food and Drug Administration today is warning consumers that Hyland’s Teething Tablets may pose a risk to children. The FDA recommends that consumers not use this product and dispose of any in their possession. The manufacturer is issuing a recall of this product.
Hyland’s Teething Tablets are manufactured to contain a small amount of belladonna, a substance that can cause serious harm at larger doses. For such a product, it is important that the amount of belladonna be carefully controlled. FDA laboratory analysis, however, has found that Hyland’s Teething Tablets contain inconsistent amounts of belladonna. In addition, the FDA has received reports of serious adverse events in children taking this product that are consistent with belladonna toxicity. The FDA has also received reports of children who consumed more tablets than recommended, because the containers do not have child resistant caps.”
Teething tablet lawyers know that there is nothing more painful than for a mother to see her baby suffer due to the use of a product which she thought would offer her baby comfort and relief from pain. Pursuing a legal action against the manufacturer of this harmful product, which can even cause fatal injuries, should be the wisest thing to do if only to make sure that no other baby would be severely harmed by injurious products.
Surgical error is one example of medical malpractice, an act of negligence by a professional health care provider that results to provision of treatment which falls below the standard of practice that is accepted in the medical community; medical malpractice is the cause of thousands of injuries and patient death.
Surgery is usually the last remedy recommended by doctors to patients after all attempts to treat health complaints have failed. Despite being a sensitive and risky procedure, patients choose to trust their doctors, believing that these doctors have been trained and have the capability to perform whatever is necessary to make them better; thus, they are in good hands. However, mistakes happen, and even the best doctors are prone to committing mistakes.
Surgical errors are serious medical mistakes. A list from the Agency for Healthcare Research and Quality of the U.S. Department of Health and Human Services says that the most common surgical mistakes are incorrect surgical procedure; wrong-site surgery; accidental puncture or laceration; wrong-person surgery; removal of the wrong organ; foreign bodies left inside a patient’s body; complication in anesthesia dosage; post-operative hemorrhage or hematoma; respiratory failure, or pulmonary embolism; physiologic and metabolic derangement; wound dehiscence (a surgical complication wherein a wound ruptures along a surgical suture. This can be due to age, obesity, diabetes, poor knotting, or post-surgery trauma due to the wound); wrongful death due to complications from negligent surgery: and, improper suturing.
A suture, particularly, is required for the proper healing of the treated skin, organ, nerve or tissue. If suturing is done improperly, though, it can cause an incision site to reopen or be infected, causing a patient severe harm and great pain. The more serious effects of improper suturing, though, include disfigurement, organ damage, paralysis, coma, and the need for corrective surgery which means additional medical cost for the patient.
Despite serious harm to patient or patient death, there are instances when proving medical malpractice due to surgical error is not easy (unless the effects of the mistake are obvious). Due to this difficulty in delving deeper into the cause of harm, it may benefit the injured patient if he or she would seek the services of a highly-qualified personal injury and nursing home abuse lawyers like those of Karlin, Fleisher & Falkenberg.
Being active is essential to one’ s health. Without it, the potential for weight gain, sickness, depression, and low energy is rather high, so it is important to maintain an exercise schedule. However, as people age, their bodies betray them by limiting their ability to perform vigorous activities. Despite becoming physically unfit, many seniors simply do not have the energy or care for working out. Therefore, those who are able should make an effort to exercise, as to strengthen their bodies and improve their health as they age.
The minimum recommended time for a work out is 15-30 minutes of an activity per day, and committing to this schedule can lead to promising results for seniors. Firstly, exercise controls how much weight one gains or loses, which can certainly help those elders who spend a large portion of their time being sedentary. Strokes and other cardiovascular diseases can be prevented by being active on a regular basis, due to physical exertion increasing production of high-density lipoproteins (HDL), which is what promotes healthy and smooth blood circulation. Not to mention, working out causes an improvement in both mood and energy, as it stimulates endorphins and confidence, so chances of becoming depressed are slimmer.
Because maintaining an active lifestyle is universally understood to be crucial in order to uphold a healthy body and mind, there are options of less vigorous workouts for senior citizens who may not possess the same energy as younger people. According to SeniorAdvice.com, senior living communities usually offer various forms of physical activity that are compatible with the care plan of elders residing there. Even if an elder doesn’t have the ability to perform at a high-intensity for long, any exercise can still be highly beneficial if consistent. A sense of independence can even be restored when an elder regains control over their body.
Conclusively, it should be encouraged that exercise is just as necessary for the elderly as it is for younger individuals. Seniors can easily access the opportunity to get in great shape as they age through programs offered by their communities, not to mention feel youthful in challenging their bodies.
Legal cases may often be nerve-racking and tricky to deal with. Personal injury cases even more so, because of the fact that they involve real, suitable harm that could have caused problems, disabilities, or trauma; such an incident may possibly have even made you incompetent at carrying out work functions, thus severely affecting your revenue. At the worst case, injuries of this nature may even result in death.
As stated by the internet site of the Sampson Law Firm, there are several different subsets of personal injury in legal conditions, making it among the more complicated processes to have to deal with. There is medical negligence, car accidents, nursing home abuse, and many more – and each demands a specific kind of know-how which will allow for your own case represented to be handled properly.
Lawyers that are compassionate and ready to follow justice in your behalf may be your saving elegance in such instances whereas those who suffer through such accidents can sometimes be left in the dark, not know what route to take next. As said on the website of the Bureau of Justice Statistics, the benefit of trusting seasoned experts is that they’ll be aware of what medical procedures you desire, what are the circumstances with which your situation has to be organized, that you are ensured and need not be pressured with all the legal niceties that are, undeniably, definitely exhausting and demanding.
In the end, it could be progressively hard as circumstances tend to differ with all the express ordinance in accordance. That’s the reason it is advised that when you or someone you know is in circumstances similar to this, it is imperative that the lawyer is acquainted with the laws of the community you are in.
In April 2014, the world’s largest manufacturer of power morcellators pulled their products out of the market and ceased future production of their successful medical device. This came as a response to a safety warning issued by the U.S. Food and Drug Administration several weeks prior. According to the website of Williams Kherkher, the FDA noted that the use of power morcellators puts a significant number of women at risk, outweighing any potential benefits brought about by the device.
A power morcellator is a surgical tool used primarily hysterectomies, myomectomies, and other laparoscopic procedures meant to address issues with the uterus, cervix, and other gynecological conditions. It works through the use of fast-spinning blades that shred tissues to allow surgeons to extract large masses through small incisions. The use of power morcellators became widespread because it resulted in faster and easier procedures, as well as shorter recovery time for patients.
However, despite these benefits, it soon became clear that the use of power morcellators posed risks to a considerable number of patients. Several studies pointed to the fact that the process of morcellation—the shredding and mincing of tissues—can cause cancer to spread if performed on a patient with undiagnosed malignancy in the early stages. One such patient is Dr. Amy Reed. Dr. Reed underwent the routine procedure to have uterine fibroids or noncancerous uterine growths removed. Unfortunately, the use of morcellation caused her undiagnosed cancer to exacerbate and spread. For Dr. Reed and other women in similar situations, the use of morcellation can cause cancer to spread more aggressively, effectively decreasing their chance at a successful treatment.
This makes it clear that the use of power morcellator is a difficult bargain for many women. According to the warning issued by FDA mentioned earlier, about 1 in every 350 women who undergo procedures using morcellation could have undiagnosed uterine cancer. Considering the devastating risks involved in the equation, it’s obvious that women can’t afford to gamble with their reproductive health.
Despite being millions in numbers, a great majority of mineral rights owners have little understanding of how their rights work and what they can do to benefit from them. According to Investopedia, mineral rights refer to the rights that the landowner has to earn “a portion of the profits of any minerals that can be drawn out from the property”. It is an umbrella term used to describe the number of ways an owner can profit from the natural resources extracted from the ground. This also means the landowner has the authority to sell mineral rights or just profit from it. Depending on what the landowner’s needs or desires, the extracted minerals can be sold, leased, or developed.
Mineral extraction can be very complicated and costly, which is why many mineral rights owners just permit oil companies or mineral companies to do the extraction, and in return just be paid in royalty income from the company’s revenue. As the United States’ oil and gas industry started to grow, mineral rights have been separated into two individual rights – the mineral rights (royalty rights) and surface right. The separation often causes confusion, and can lead to loss of profit for the landowner. It is therefore advised to talk with mineral brokers in order to understand how these two separate rights can affect your profits.
Furthermore, mineral rights owners should be aware of the taxes that come with owning mineral rights. As with many other assets, mineral rights come with tax liabilities can become burdensome depending on how the minerals are being handled. Aside from the Federal tax obligations, mineral rights can be taxed on a state and/or county level. In order to mitigate the impact of these taxes, there are options such as Depletion Allowance and 1031 Exchanges. Talk with someone who knows about mineral rights and the laws that pertain to it to avoid legal issues in the future.