It is a Sad Thing that Preventable Injuries due to Harmful Products are inflicted onto Minors all too Often

Posted by in Car Accidents, Personal Injury

As reported by the Centers for Disease Control and Prevention (CDC), falls, drowning, burns, poisoning and motor vehicle accidents (which is at the top the list) are the leading causes of unintentional injuries and deaths among children in the U.S. Every year, more than 12,000 children (aged between 0 and 19) die and at least 9.2 million more are injured due to these causes.

As dangerous as those mentioned above are the many different products that people stuff in their homes and, it cannot be denied, so many of what Americans purchase are often causes of severe injuries or even death. The thousands of injuries and deaths caused by these products can be verified through the records of the U.S. Consumer Product Safety Commission (CPSC). These products include home furniture and décor, tools, children’s outdoor activity equipment, sports equipment, inflatable amusements, nursery products and children’s toys.

Between 2007 and 2010, millions of children’s toys were recalled by the CPSC due to the dangers that these presented, such as sharp edges that could cause lacerations, small parts that were considered as choking hazards, toxic substances and chemical contents that exceeded federal limits. The CPSC is charged with enforcing toy safety standards laws, laws that set guidelines on toys, like: the required sizes of children’s toys; the inaccessibility of the toys’ batteries and magnets to small children; noise and toxicity limits; and, the display of labels containing the possible risks of choking hazards.

One major issue with toys is that their labels often do not include their content or material. Since there are no laws regarding this, many local and foreign manufacturers, therefore, do not put on toys’ labels information regarding any possible harmful elements. This leaves consumers without any clue about the actual safety of the products that they buy (everyone can only assume that all products made available in stores are totally safe).

As explained by the law firm Mazin & Associates, PC, “Instances of child injury can be very frightening for all parties involved. It is a parent’s deepest wish that his/her child has the opportunity to grow up happy and healthy. Sadly, preventable injuries are inflicted onto minors all too often.”

The family of a child, who has been injured in an accident or due to the use of a toy or any other product that is proven harmful, has the legal right to file a lawsuit against the responsible party. In so many cases accidents occur and defective products continue to be manufactured and sold due to the grave negligence of some individuals. It would be wise to seek the help of a seasoned personal injury lawyer who will see to it that all the documents required in the lawsuit and that the child’s and his/her family’s rights and interests are strongly defended.

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Slip and Fall Accidents

Posted by in Workplace Injuries

A slip and fall accident refers to when someone falls, trips, or slips and is injured due to a dangerous condition on someone else’s property. Slip and fall injuries occur for a variety of reasons and can be very painful. Some common causes of slip and fall injuries include poor lighting, uneven flooring, narrow staircases, and wet flooring. Slip and fall accidents also include those injured due to a fall caused by snow, ice, an uneven sidewalk, or hidden pothole.

Slip and fall accidents can occur almost anywhere, but there some locations where these accidents are much more common. Some of the most common locations include grocery or big box stores, public parks, private homes, sidewalks, and workplaces. The biggest issue in regards to slip and fall accidents is that of responsibility. Determining whether or not someone is legally responsible for a slip and fall injury is particularly tricky. Each slip and fall case is different and legal responsibility depends on if the property owner acted carefully to ensure that slipping or tripping would not be likely to occur. The property owner may also be held responsible if they created the unsafe condition, for example making floor extremely slippery after waxing. The other determining factor of legal responsibility is whether the person who fell and injured themselves was careless in not avoiding the hazardous condition that caused the fall. For example, a customer who trips over a large display in a grocery store aisle will typically not be compensated for their injury since the displays are clearly visible and very commonplace in stores.

The best way to prevent slip and fall accidents is to simply exercise caution when walking in areas that may have dangerous conditions.

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Making Drivers Realize Just How Dangerous Texting and Driving Really Is

Posted by in Car Accidents

Due to driving distractions, 424,000 individuals were injured and 3,154 lost their lives in 2013 ( in 2012, those who got injured due to distracted driving numbered only to 387,000). In 2014, the National Highway Traffic Safety Administration said there were 3,179 deaths and 431,000 injuries that resulted from 297,000 distraction-affected car crashes. Unlike drunk-driving, driving recklessly and overspeeding, which many drivers would not risk committing, distracted driving can happen to anyone – even to the most careful of drivers who are always concerned about road safety.

While there have been accidents which were due to factors that are beyond the control of drivers, such as defective car or car parts or defective or poorly maintained roads, highways and bridges, both the Centers for Disease Control and Prevention (CDC) and the Fatality Analysis Reporting System (FARS) of the NHTSA hold that 90% of all road crashes can be blamed on drivers.

Since 2012, texting and using a phone (whether hands free or hand held) while driving have always been the worst form of driving distraction in the United States and around the world. In the continues effort to show drivers, most especially young drivers whose age fall between 16 and 24, a non-profit organization in Belgium, called Responsible Young Drivers, for example, thought of a way to give new drivers a first-hand lesson on how dangerous texting and driving really is. By taking new drivers a driving instructor tells them that a new law required that Belgian drivers must first prove they can text messages (all in correct spelling and punctuation marks) while driving before they can obtain a license. What resulted in the actual texting and driving tests were lots of braking, swerving, swearing and crying for fear of not being able to obtain a license, and plenty of mangled orange cones along the driving course.

Hopefully the student drivers have seen and learned the effects of using a cell phone while behind the wheel and that it was enough to make them realize that, like drinking and driving, texting and driving is equally dangerous and can, indeed, result to road injuries and deaths.

Unfortunately, many other young drivers saw another thing from the posted videos (in Youtube) of the need to text and drive test in Belgium. Instead of realizing the dangers of distracted driving, one driver criticized those who took the tests instead, saying that they were texting the wrong way. They should hold up the phone above the steering wheel (like he always does) so they can keep their eyes on the road at the same time.

As explained by the law firm Evans Moore, LLC, one thing that can make car accidents so scary and so potentially dangerous is their unpredictability; you can be driving with the utmost attention and care, and still be unable to react to a distracted driver quickly enough to avoid an accident.

Car accidents can change your life in the blink of an eye and, wiith no way to prepare for such an event, families are often left without a way to address the considerable resulting financial damages, especially in the wake of the physical and emotional trauma you’ve sustained. Fortunately, you can pursue a legal action for compensation for the losses you’ve been forced to incur so that you can get back on your feet.

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Section 2422 (a) and (b) of Title 18 of the United States Code: On Solicitation of a Minor

Posted by in Sex Crimes

Section 2422 (a) and (b) of Title 18 of the United States Code says:

a) “Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both;” and,

b) “Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 10 years or for life.”

Once a convicted felon is release from federal prison, he/she is required under the law to register as a sex offender for the rest of his/her life. Failure to comply with this mandate would result to a new felony offense that carries up to 10 years in prison and considerable fines.

The crime of solicitation of a minor, which is defined as the deliberate persuasion or enticement of a child under the age of 16, to enter any form of dwelling for purposes that include engaging in a sexual activity, can be committed by anyone despite not actually carrying out the sexual activity that he/she intended to commit. The mere attempt to solicit or entice a child is enough for one to be pronounced guilty of this sex crime.

As explained by the Nashville sex offense lawyers at Horst Law, this offense can also be committed electronically, through emails or text messages a computer a cell phone or any other electronic device.

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Benefits of Shopping Insurance Quotes

Posted by in Money

Accidents can happen anytime, whether you are driving responsibly or not. For motorcycle riders, it is doubly important to have motorcycle liability insurance to help cover costs of damages should they be involved in an accident. Just as with other states, motorists should comply with at least the minimum amount of insurance coverage to ensure that everyone involved in the accident is covered. Likewise, those who don’t have insurance may even face penalties and imprisonment after they are in a motorcycle accident.

Getting insurance quotes is just one of the many ways that you can have the best insurance coverage that you really need. Aside from complying with the minimum insurance coverage, it might help to add optional insurance coverages to ensure that everything is properly covered and financial issues can be solved easily when an accident happens. According to the website of Karlin, Fleisher & Falkenberg, when you have your insurance coverage, it is important to always keep your insurance ID in your vehicle. This ID is important and should be presented to law enforcement when they request for it, because it not proves you have insurance, but also that you are financially responsibly should an accident occur.

If you are unable to provide proof of your motorcycle insurance coverage or financial responsibility, then you might get legally penalized. This is a particularly serious offense following an accident; when you are unable to provide proof of your motorcycle insurance after an accident or a traffic violation, you might have your license plate suspended. After being in a traffic violation or accident, or after receiving an insurance verification letter, you are given a specific time frame (specified by your state) to provide your proof of insurance. If you are unable to show such proof, you will have to pay for a fine and reinstatement fee in order for your suspension to be lifted. Repeat offenders may have to wait for four months for their suspension to be lifted. Nevertheless, even with the plate suspension, the state still allows you drive other vehicles as long as they are covered.

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Is It a Birth Injury or Medical Malpractice?

Posted by in Birth Injuries

It is difficult to draw the line between two branches from the same trunk—where does one start and where does the other begin?

Birth injury and medical malpractice are both subsets of a specific branch of the law that deals with situations wherein a person is suffering from consequences that were due to the negligence of another party. This branch of the law is called personal injury and, no, the injury does not need to be physical in order to be considered legitimate. The injury need only be harmful and debilitating to the point that compensation for the medical expenses (including a possible need for prolonged therapy) as well as the loss of wages during the time that the survivor was incapacitated.

However, the thing about the subsets of personal injury is that it is difficult to decide on what your case constitutes as. A medical malpractice attorney might say, as an example, that if your child was born with the movement disorder called cerebral palsy and say that the disorder was a direct result of the negligence of the practicing physician. Does the situation then constitute as medical malpractice or birth injury—and is there really a difference between the two?

It can be difficult to navigate through the process due to not only the legal procedures and necessities but also the medical knowledge that one would have in order to take a case like this to the table. The situation requires critical thought as well as thorough investigation, which one may not exactly be prepared to do, after being through an ordeal so difficult.

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Foreign Investors and EB-5 Visas

Posted by in Money

Foreign investors asking for a permanent resident status in the United States has the option of applying for an EB-5 Visa. In order to acquire the EB-5 visa, foreign investors should be able to meet with the requirements placed by the United States Citizenship and Immigration (USCIS) particularly the required amount for capital investment, prerequisites for job creation, and make sure that the invested business qualified for the EB-5 program. After all the requirements from the USCIS have been met and approved, the EB-5 applicant, their spouse and children (under the age of 21) will be awarded with permanent residency green card.

According to the website of the AmLaw Group, in order for EB-5 applicants to qualify, they should invest in a new commercial enterprise, which can be any for-profit enterprise for an ongoing legal business like a corporation, partnership, joint venture, a holding company, or even a sole proprietorship. The legal definition for new commercial enterprise is those which were established after November 29, 1990 or those on or before that date provided that (1) it was purchased and already existing and restructured/ reorganized that can qualify it as a new commercial business or (2) it was expanded through investment which resulted in a 40-percent increase in net worth or number or employees.

There are other investments that an EB-5 applicant can choose in order to get a green card. It is common for the USCIS to reject more applicants than it accepts.

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What is Chapter 11 Bankruptcy?

Posted by in Money

The recent downturn of the U.S. market affected countless of businesses across the country. From small businesses to big corporations, today’s financial instability has become quite a struggle to surpass. Several businesses have been forced to close their doors in the midst of their financial troubles. Chapter 11 under the U.S. Bankruptcy Code may be able to offer these businesses the relief they need.

Chapter 11 bankruptcy is specifically meant for businesses struggling with meeting their debt payments. Filing a Chapter 11 petition can result in the court granting a reorganization plan that will allow businesses to keep operating as they pay off creditors over a specific period of time. The court may also have a few of the debtor’s assets or properties be liquidated to cover their payments. This will lead to a business downsizing their operations, but keeping their doors ultimately open.

According to the website of Gagnon, Peacock & Vereeke, P.C., Chapter 11 is pretty similar to a Chapter 13 bankruptcy, allowing debtors to repay their balance in regular installments. The only difference is that Chapter 11 is the only option for those whose debts exceed the limit specified in Chapter 13, making it the particular option for small businesses that are structured as corporations, limited liability companies, or business partnerships that have insurmountable debts but refuse to cease their operations. As a result, Chapter 11 bankruptcy has been the option for giant corporations like General Motors, K-Mart, and United Airlines.

Filing for a Chapter 11 bankruptcy can be a tedious and time-consuming process compared to other types of bankruptcy petitions. It can also be significantly expensive. The U.S. federal courts require petitioners to pay a case filing fee of $1,167 and a miscellaneous administrative fee of $550. Like other forms of bankruptcy, petitioning for Chapter 11 grants a debtor an automatic stay. This will prohibit creditors from making any sort of action in regards to the remaining debt, essentially protecting the petitioner from the threat of foreclosure or repossession. To learn more about Chapter 11 and if it’s the best solution for your financial situation, don’t hesitate to seek out experienced legal counsel in your area.

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What to Look for in a Storage Unit

Posted by in Storage Tips

Nature can have a huge effect on items that we deem very valuable, which is why it is important to protect them when planning to put them in storage facilities. Aside from temperature, humidity is something that can be very damaging to fragile items. This is why when looking for storage units, the website http://youraustinstorage.com/ suggests finding ones that offer climate control. Storage facilities that offer these features often put additional costs – also called climate-control premium – and can depend on the size of the unit or the supply-and-demand. Consider this when shopping for the types of units.

Even in an air-conditioned room, items can still suffer damages from humidity. High humidity can damage photos and cause them to stick together, bring about cracks in leather pieces, and make wood and other furniture warp. Any items that are sensitive to humidity can greatly benefit from being stored in a climate-controlled storage unit. Anyone who is planning to pack away items of value (whether historical or sentimental), the cost of paying additional fees for climate controlled storage units are worth it, especially if they will be stored for a significant amount of time.

In order to get the best from your rented storage unit, the first thing you need to check is the conditions of the storage unit. Aside from being clean and secure, make sure you are comfortable with the temperature and humidity of the unit. This is vital if you want to protect your items. Your best option to lower the risks of damage to your valuables is to go with climate-controlled storage units, since despite the additional cost, it would prevent natural changes from outside conditions from harming your items.

If by chance you have trouble with money and can’t get a climate-controlled storage unit, you can help lower the change of damage from humidity by keeping the unit it well ventilated. This can be very difficult since the unit will be closed for security reasons, so you can space out your items to let them “breathe”, avoid sealing your things in plastic bags to avoid condensation and mildew, and putting additional layers of polish to avoid rust. There are some other things you can do to protect your stored items, and you can read more on this mini storage website for further information.

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Drunk Driving and Its Destructive Effects

Posted by in Car Accidents, Drunk Driving, Personal Injury

The National Highway Traffic Safety Administration (NHTSA) has identified the various causes of car accidents in the US, which number to more than five million and claim at least 40,000 lives every year – these include factors that fall outside the driver’s control, like defective car parts and road defects, and factors that drivers are totally responsible for, such as driver error (including distracted driving), reckless driving, speeding and drunk driving.

Sadly, but true is the claim of the Ritter & Associates on its website, which says that though safe driving techniques may reduce the risk of being involved in an accident-causing injury, a defective car part, a lack of road signs or the carelessness of another driver, will not. This injustice is something that needs to be addressed.

Thousands of car accidents can definitely be avoided, if only drivers will be more observant of traffic rules and be more considerate on the road. Many drivers, however, are unmindful of others’ presence on the road with them. One classic example of this is drunk driving, which actually registers the highest number of accidents; this is despite the constant and continuous reminder not to drink and drive. To discourage individuals from drinking and then driving right after, the US government has issued a federal law that lowers the blood alcohol content (BAC) in drivers to 0.08% (which is about 4 – 5 bottles of beer consumed within an hour). Surprisingly too, a research conducted has found out that the highest number of drunk driving cases involved people between 16 and 24 years old.

Regardless of your age or your body’s tolerance to alcohol, liquor will lessen your capacity to react fast to impending road activities and dangers. This decrease is what makes other motorists and pedestrians quite unsafe on the road with you. Your decision not to care for others’ safety, however, will lead to higher fines and severe punishments, like a longer jail term. This is besides the fact that a mere conviction in a DUI case can ruin your reputation, your professional life and your future, in general.

This is why it’s important for anyone accused of a DWI to find a lawyer who will help them fight the charges against them. When you are found guilty of a DUI charge, an expunction might be the best option. The penalties for a DWI conviction are harsh and can have far-reaching impact on the rest of a person’s life. Therefore, if you’re facing an alcohol-related charge, you will absolutely want someone who is qualified to represent you in court so that you can do everything in your power to avoid the thousands of dollars in fines and months in prison that such a conviction would cause.

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