Who is at Risk for Asbestos Exposure?

Before the late 1970’s, asbestos was used in many building and other products, such as fireproof vests and a number of other consumer materials. It was praised for its heat resistant, strength and insulating properties. Unfortunately, it was proven that asbestos is highly toxic and the cause of the diseases asbestosis and mesothelioma cancer.

Some professions are more prone and at risk of asbestos exposure. These include miners, electricians, railroad workers, shipyard workers, and a number of other professions. Even military veterans are at risk as asbestos was used in drywall and building materials, mandated for use in every branch by the US government. Asbestos fibers were also used in ship building materials, putting those in the navy at risk as well.

Those at most risk are those who were exposed to a large amount of asbestos fibers over a long period of time. The type of asbestos fibers you were exposed to can also effect your risk as some fibers are known to cause mesothelioma more than others. Some personal factors can also increase your chances of developing an asbestos related disease, such as smoking and if you hold a preexisting lung condition.

One of the more terrifying developments in determining who is at risk is that family members of workers exposed to asbestos may also find themselves with a life-threatening disease. When workers would come home with asbestos fibers still on their clothes or skin, family members may have breathed in the asbestos fibers without knowing it.

In general, people are at less of a risk of asbestos exposure than in the past as the use of asbestos materials has been banned in the United States. However, when buildings previously made with asbestos building materials are destroyed, the asbestos fibers can be released into the air. View more about asbestos related dangers.

Read More

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