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repealed and almost immediately, every state increased their highway speed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repealed in 1995.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
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 United States,
auto accidents are leading the way with the death toll.
Do I advocate the speed limits
Do I advocate a backward trend in
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
in Madrid, Spain at a local sporting event at
the Tafalla arena, a Bull ended up jumping in the grandstands with spectators.
Injuring 40 people including a 10 year old boy, the bull was finally controlled
by handlers and later killed.
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
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 Spain.
do know the laws of the United States,
and in particular, Arizona.I can state very definitively that if this
occurred here, the owners of the event, the owners of the arena and the
proprietors involved better have damn good liability insurance!No one assumes
the risk of being marred by a bull while sitting in the stands at a
entertainment venue.Plans and
structures should be in place to prevent this.The “fool me once…” adage does NOT apply here.Once the bull made a second attempt at the
crowd, it should have been put down.Period.Guns would work.So would tasers.
The paramount concerns for events
proprietors is the protection of the public.Period!
I hope there are similar laws in Spain, and I
hope that these events owners and organizers have good liability insurance.
Our hearts go out to the family
and friends of the 10 year old victim in this case.
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.
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.
Do Workers’ Compensation Benefits Cover Only Injuries, or Also Long-term Problems and Illnesses?
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:
Lost wages (up to ninety percent in
most states), that may include permanent or temporary wage replacement
or payment of lost earnings to survivors in the case of the employee’s
Healthcare, medical treatment,
therapy services rehabilitation and any medical devices (such as
prosthetics) that may be deemed medically necessary. This includes
immediate treatment and future treatments.
Disability benefits, for temporary or permanent disabilities
Death benefits to the deceased employee’s survivors.
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.
I Have Been Injured By Medication My Doctor Gave Me, Do I Have a Claim?
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.
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.
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
What Type of Damages Can I Seek in a Personal Injury Claim?
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
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, Arizona's swimming pools are busier than
ever. With the constant 100+ degree weather that the valley gets throughout the
summer and into September, the water, although often times like “bathwater”, is
still cooler than the air, and therefore, still refreshing and fun.
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.
In Phoenix on Tuesday, a 5
year old nearly drowned. This occurred despite the fact that there were nearly 15
PEOPLE IN THE POOL AT THE TIME!!!
to reports, the group somehow “lost track” of the 5 year old and found him
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.
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.
nothing but T-R-A-G-E-D-Y when it comes your little ones and swimming pools.
legal liability for something like this? You bet.
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
supposed to have been paying attention?
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.
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.
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 golfat a local Gilbert golf course. One woman was stung around 50 times, while the other was stung about 20.
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.
These situations are unfortunate but happen more often then you think. More recently in August, a Casa Grande ApartmentComplex was swarmed with bees and ended up stinging 7 tenants total in June. With cases occuring like this almoston a monthly basis, many victims of the accidents wonder what legal ramifications may arise from these events.
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?
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?
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.
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.