Now you can find me on twitter and follow me on there! http://www.twitter.com/zacharlaw be sure to keep track of the latest updates on myself and the Zachar Law Firm!
According to The National Highway Traffic Safety Administration, the maximum speed limit on a freeway in 1974 was 55 mph. Not only was this deemed appropriate for safety purposes, but also for fuel conservation. Right or wrong, there were fewer highway deaths per capita during these years.
In November of 1995, that law was repealed and almost immediately, every state increased their highway speed limits. Today, some of these highways have speed zone as high as 75 mph. According to The Insurance Institute for Highway Safety, these roadways have 38 percent more deaths per million vehicle miles that states that didn’t change their posted speed limits. This has been tracked since the law was repealed in 1995. Is this the reason behind the highway death increase?
What other factors could give such an increase on deaths on a highway? How about vehicle horsepower? The National Highway Traffic Safety Administration reports horsepower in new cars increased 64 percent between 1985 and 2005. Combining the horsepower that allows the public to reach higher speeds quicker, and laws that allow driver to use their increased horsepower, equal the two main reasons for increased fatalities on the highways.
According to the National Safety
Council’s Injury Facts, automobile crashes are a leading cause of death for all
age groups, but they are the number one killer for Americans age 1 to 34. These
numbers are alarming when you take into effect that in the entire
Do I advocate the speed limits being lowered? No
Do I advocate a backward trend in automotive engineering? No
Do I think that people need to think more about what they are doing, and how they are doing it? Absolutely, YES.
Remember, cars don’t hurt or kill people, people driving cars negligently hurt or kill people.
Know your limitations. If you cannot handle your car, then find another. If you cannot safely drive at faster speeds, don’t. If you cannot eat, drink, talk on your phone, put on make-up or watch your iPhone while you are driving, DON’T!!!!!!!
This wasn’t the first time the bull attempted to get into the stands, according to witnesses the bull made two prior attempts before succeeding in the third. With the knowledge and examples given prior to this catastrophe, why didn’t the arena officials put a stop to the event itself? One would think that there has got to be a legal consequence arising from this occurrence. The bull just like any other animal is unpredictable, witnessing the bull attempt to jump into the crowd stands two times should cause a panic and halting the event before it got out of hand.
I don’t know if it has ever happened here, at a mock “running of the bulls” (which occurs from time to time) or at a rodeo. Would there be legal liability, or, do the attendees of these events assume the risk of this occurring?
don’t know the laws of
do know the laws of the
The paramount concerns for events proprietors is the protection of the public. Period!
I hope there are similar laws in
Our hearts go out to the family and friends of the 10 year old victim in this case.
Workers’ compensation benefits must be available to all employees under the Workers’ Compensation Act. Most states have their own workers’ compensation statutes that require employers to have workers’ compensation insurance coverage for their employees. This type of insurance is liability insurance to protect/cover employers in case one of their employees is injured (nonfatal or fatal) during the course of his or her employment (while on the job). Workers’ compensation benefits may cover payment for injuries sustained by the employee, emergency/future medical treatments, therapy, lost earnings and death benefits for family members. Also, in the insurance policy contract, employers must pay the premium for each employee. The premium per employee is usually based on the gross amount of wages that employee earns on an annual basis.
When a workers’ compensation claim occurs, the insurance pays the employee from the company’s policy. The company may be insured in a few different ways; the type — or origin/source — of the insurance depends on the jurisdiction you are in and the specific statutory conditions in that state. The insurance mandated by statute may be a fund managed by the government, a private insurance company or the employer may be self-insured (meaning, the company has no outside insurance and is held responsible for their own financial liabilities). Along these lines, in some states, self-insured companies may have an insurance contract that limits their financial liability to an employee up to a specific amount. This is to protect the company from detrimental losses, or total loss of the company’s finances. This type of contract may not be permitted by statute in some states, it depends on the statutory conditions for workers’ compensation insurance in the jurisdiction in which you are located.
All employees are entitled to workers’ compensation benefits if they are injured while working in the United States. The injury may be due to an accident that occurred while working or an illness that is related to the employee’s occupation/trade. Workers’ compensation benefits covers more than treatment for physical injuries that occur while working. Other benefits included may be:
The amount of benefits, types of injuries that receive benefits and length of time that the benefits may be paid will be specified by state law. Generally, most statutes will provide benefits for medical treatments as long as the care received is for improvement, or rehabilitation. Once an injury is classified as permanent and static (progress is at a standstill), some jurisdictions will not extend benefits for employees. It is important to speak to an attorney familiar with the workers’ compensation statute in your area to discuss your situation and options.
Unfortunately, not all medications available on the market are safe to persons taking them. Many drugs benefit the user in the way they are intended. However, drugs that do not act as intended and cause serious harm to the user are known as dangerous drugs. If you or a loved once has been injured by using a dangerous drug, you may have a claim for the injuries you have suffered. It is important to seek an attorney to discuss and potential claims you may have.
Victims of dangerous medications usually have a personal injury claim. Yet, additional claims may be appropriate depending on the facts of your case. Other claims may be medical negligence and wrongful death. If you have an action for personal injuries caused by using a harmful medication, there are a few legal claims that may be possible. You may have a claim against the manufacturer of the drug, the doctor who prescribed you the drug and/or the pharmacist who dispensed the drug. If you have a claim against the manufacturer of the dangerous drug, you may have a claim of warranty fraud or a failure to warn claim. In a failure to warn action, the plaintiff (injured party or family member of an injured party) must show that the company knew about the harmful side effects and/or injuries that could occur when taking the drug. The company then failed to warn potential victims or doctors of the probable injuries. The manufacturer may also have issued warnings listing possible risks of taking the medication, however these warnings may have minimized the dangers or not described the dangers adequately, these actions may also fall under a failure to warn. Either by failing to warn potential victims or falsifying information, the company placed the harmful drug on the market.
Additionally, injured persons may have a claim against their doctor for prescribing them the dangerous medication that caused their injury. In some cases the physician may have ignored warnings about possible risks and likewise failed to warn patients of these risks. The doctor may also have failed to act as a reasonable doctor would in a similar situation by not monitoring the party using the drug and/or not recognizing symptoms of injuries until it was too late. These actions may be for professional negligence.
If a medication has caused you injury, you will most likely be seeking financial compensation (damages) for your injuries. In order for the court to award damages, you will have to prove the four elements of a personal injury tort case. The four elements are that the defendant owed a duty to you (the plaintiff), that duty was breached by the defendant, the breach caused the injury you sustained and that you were, in fact, injured as a result of taking the dangerous medication. If you have proved your case, the court will look at the amount of loss you have incurred, such as costs of medical care and treatment, loss of earnings, the severity of the injuries suffered, the amount of future assistance you may need and other factors depending on the facts of your case. In some cases, the court or jury may also award punitive damages (in addition to compensatory damages). Punitive damages will often consider the amount of pain and suffering the victim experienced. These types of damages are intended to punish the defendants for their wrongdoing, as pain and suffering can never be sufficiently compensated.
DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
summer is coming to an end with Fall around the corner,
Unfortunately, the pleasurable thoughts that a swimming pool brings, also carries with it the occasional unspeakable tragedy of a child drowning and, it has happened again.
According to reports, the group somehow “lost track” of the 5 year old and found him floating
face down in the pool. Witnesses say that bystanders performed CPR on the boy until emergency crews arrived and rushed the 5 year old to the hospital.
Who was responsible for this young child? No one “lost track” of the young man. They simply forgot about him. They took their eyes off of him for far too long.
That spells nothing but T-R-A-G-E-D-Y when it comes your little ones and swimming pools.
Is there legal liability for something like this? You bet.
Who can bring the claim? A parent or guardian, on behalf of the young man. If a child dies, generally also a mom or dad. Yet, many questions remain unanswered here.
Who was supposed to have been paying attention?
Was there alcohol or drugs involved?
Does the complex have any legal liability?
A lot of questions are to be answered. Regardless of the legal determinations to be made, a very thorough investigation is necessary to learn how this happened, and to try to make sure that it does not happen again.
We never think it can happen to us. I am sure those 15 people thoughts, “Heck, with all of us here, someone will always be watching little Johnny”. Then, every single one of them left it up to someone else.
The unspeakable is always the unfathomable, until it happens.
On the morning of June 21st of 2010, two women were attacked by a swarm of bees while playing a round of golf at a local Gilbert golf course. One woman was stung around 50 times, while the other was stung about 20.
Thankfully, neither of the women were allergic to the stings and were able to drive themselves to the hospital for observation from the attacks.The Gilbert Golf Club dismantled the hive once it was located on their grounds.
ramifications? From bees? How can that possibly be? Don’t the bees
pretty much govern themselves? How can there be legal liability for
something like this?
Isn’t this lawsuit system out of control?
Many factors come into play when a situation like this occurs. The simple and short answers are that there is quite possibly no legal liability when something like this occurs---unless, there is.
Did the Gilbert Golf Club know that the hive existed on its property?
Had the bees stung others on the course previously?
If so, did the Gilbert Golf Club do anything about the problem?
Were there any efforts to remove the hive?
At minimum, were any measures taken to warn guests about the situation and the dangers involved?
When you are running a business, and people are paying you money for your products or services, the law says that the business owner had legal duties to it’s customers.
If you know a dangerous condition exists, remedy it, safeguard it, or at minimum warn your guests about it.If the guests thereafter assume the risk, then perhaps you have done all you can.
But if you know about it, say nothing (in the interest of profit) and an injury occurs? I think we all agree that the law is right in imposing legal liability on that business owner.So, maybe the “bees just being bees” isn’t the whole story. Maybe an investigation will prove otherwise. You decide.