Little-Known Slip and Fall Premises Liability Facts

Slip and fall accidents are a major staple and common causes for personal injury claims. Slip and fall accidents fall into the premises liability claims, and despite what many people believe, there are many situations where this can be applied to. Laws surrounding injury topics differ slightly from place to place, so regional familiarity is important.

First and foremost, premises liability applies to a great number of accidents, not just slip and fall accidents. Generally under law, property owners and managers are responsible for any type of injury that occurs within the property that is under their control or management. Aside from slip and falls, anyone who is injured due to the property owners’ negligence and recklessness can be basis for a personal injury claim. Contaminated food, poor security, or malfunctioning elevator that caused injury and damages can be cause for an injury claim. It is required by law for property owners and managers to ensure the safety of the property and surrounding premises, most especially if they are being rented or leased. Their failure to do so may put them at risk of liability for a claim or lawsuit.

Furthermore, when an injury does occur due to such negligence or reckless behavior, you or the victim can file for more than one legal claim against the property owner or manager. In instances where the accident occurred while you are in your workplace, you can file for worker’s compensation to your company and a premises liability against the property owner (provided that the owner is different from your employer). If, however, that they are the same, then you can only choose one, because filing for a worker’s compensation claim will relinquish your right to file for a personal injury claim against your employer.

Slip and fall accidents are one of the leading cause of spinal cord injuries, especially among senior citizens. These can lead to serious injuries and complications, as even result to death in severe cases. Understanding if you have a legal claim for an injury claim after a slip and fall accident may require the help and guidance of a personal injury lawyer, particularly those who specialize in premises liability.

Read More

Personal Injury Lawsuits and Shared Blame

Living in a state that follows the “pure negligence” laws, you have the right to sue a driver for the injuries and damages that you have suffered. In order to have a personal injury claim after a car accident, you only have to prove or show evidence of the other driver’s fault. What makes a personal injury lawsuit difficult in “pure negligence” law is that there are many defenses that the at-fault party can use. Hiring a lawyer such as Williams Kherkher would provide you with advice on how these defenses would affect your personal injury lawsuit and what you can do to protect yourself.

Proving fault in a personal injury lawsuit is vital in being granted compensation. However, there are instances where multiple parties contribute to the accident. In the US, two types of rules are generally followed: comparative and contributory negligence. It is important to know which one your state follows as these can greatly affect the outcome of your case and how much compensation you would receive.

In comparative negligence, the factor that would determine the case and compensation would be how much each person is at-fault for the accident. The judge or jury will determine the amount of fault each driver has contributed for the accident, and these would determine the amount of compensation. The amount would be equal to the amount of fault the other party has contributed. Contributory negligence rule, on the other hand, would mean that if you have been proven to contribute to the accident regardless of how much it is, you have no legal right to ask for awards for damages. Even a small amount of fault on your part would render you unqualified for any type of compensation. It is a steep rule that only a number of states follow. Because these are just among the factors that can affect your personal injury claim, it helps to contact a lawyer who in adept laws in your state to determine the proper course of action following a car accident.

Read More

Facing Accusations of Criminal Activity

Any act that violates the law is considered a criminal act, or crime. Anyone who has acted against the laws practiced within the country or region will be legally liable and punished according to the crime committed. Criminal charges can be a heavy burden for anyone to carry, and it can affect the person throughout the rest of their lives. In order for an act to be considered a crime, two distinct factors should be present: mens rea (guilty mind) referring to the plan and regard of committing a crime, and actus reus (guilty action) which is the actual deed of committing the criminal act. As long as these two factors are established and when it is violating the law it can be considered a criminal act.

In order to protect citizens from criminal acts, and in order to have a set of punishments for those who have committed them, criminal law is made. Because of the complexity and opposing nature of criminal laws, aside from minor cases it is required to have a lawyer to help with the defense for the case. Living in Texas, a Dallas criminal lawyer may be the only way to ensure that the criminal charges brought against you will be settled or with minimal penalties. Criminal charges carry with them the possibility of severe penalties such as hefty fines, imprisonment, or even death. Having someone who understands the law may be the only way you can protect and enforce your rights after being charged.

The way a criminal case will end depends on a number of factors, mainly according to the evidence presented in court and the testimonies given by the witnesses. Usually criminal statutes are interpreted based on past similar cases, and those who have been charged would need the help of their lawyers, such as an Austin criminal attorney, to prevent their clients from further compromising themselves. The right to avoid self incrimination is granted in the constitution, and the help of an attorney can do a lot to help you make sure you exercise that right as best you can. Criminal cases are generally brought to court, and in order to have proper representation and having equal opportunity to defend yourself, a lawyer will be necessary.

Read More

BP Oil Spill Claim Appeals

Four years after the eventful 2010 oil spill that affected the areas around the Gulf of Mexico, major oil company BP Plc is found to be “grossly negligent” by a federal judge. Following a ruling given by US District Judge Carl Barbier, BP Plc could have additional fines of up to $17.6 billion to the $42 billion they already are required to pay for charges after causing what is considered to be the worst offshore disaster in the history of the United States. As many as 5 states close to the shoreline of the Gulf of Mexico have been affected by the oil spill, and the compensation has been very slow. With this new penalty, claimants and their lawyers are hoping that they will have their settlement given soon.

The report stated that the court has ruled BP was grossly negligent and that their “willful misconduct” resulted in the oil discharge. After the ruling, BP Plc has immediately released a statement declaring their move to appeal the decision. According to their statement, they “…believe that the finding that is was grossly negligent with respect to the accident and that its activities at the Macondo well amounted to willful misconduct… “is lacking supporting evidence during the trial. In connection to this, the U.K. government has issued their support for BP Plc’s appeal regarding their multi-billion dollar oil spill settlement.

The appeal, backed upped by the government of the United Kingdom, claims that settlement payments were going to people who were not injured or affected by the oil spill, and would count as a “grave international comity concern.” BP’s appeal states that there was misinterpretation in the settlement which ended up benefiting claimants who had no direct or logical connection to the oil spill. The U.K.’s appeal mirrors that of BP, arguing that permitting the settlement process to move as it is will discourage other companies from pursuing the same type of settlements in the future.

Read More

Breast Reconstruction after Mastectomy

Mastectomy is one of the reasons why many women are seeking to have breast reconstruction. Mastectomy is the surgical procedure which removes the breast, often as a prevention or treatment of cancer. There are surgical breakthroughs in the treatment and prevention of breast cancer has provided a variety of options for women to deal with mastectomy, and those who have had their breast removed are given the option to have breast reconstruction.

Breast reconstruction surgery is often performed to women who had mastectomy and would wish to have their breasts rebuilt. This type of cosmetic surgery can be performed either immediately or after the mastectomy has healed. Breast implants used in breast reconstruction surgeries can be from implants (such as saline or silicone) or autologous tissues that can be taken from any part of the patient’s body. There are many complications that can arise from both options: hematoma, infection, necrosis, blood clots, and many others. Because of these risks, it is always considered to consult with Des Moines breast reconstruction experts to determine the best course of action and minimize the risks.

As with any type of surgery, follow-up care and rehabilitation is necessary in order to have full recovery, avoid complications, and have a complete return to normal life. Women who have undergone breast reconstruction surgery are closely monitored and checked by their physicians for complications. These complications can take months or even years to develop or show, which is why women after their reconstructive surgery are advised to have regular check-ups. Rehabilitation is necessary for those who have autologous tissue reconstruction to help prevent weakness in the donor site. It is important to undergo these processes in order to gain back strength and to help adjust for the physical limitations that the surgery have caused. Doctors and physical therapists can also provide ways on how to safety perform daily activities.

Read More