Friday, January 25, 2008

Take Your Claims Seriously

As simple as a slip and fall may sound, it should be taken seriously. I agree with an article I read on premise liability, entitled, "Slip Trip and Fall, No Laughing Matter", which says that serious and debilitating injuries can be incurred in a slip or trip and fall accident. It is one of the leading reasons for filing a premise liability claim.
Severe injuries from this accident include:
  • Brain injuries
  • Spinal cord injuries
  • Broken bones
  • Severe cuts and bruises
  • Face and body disfigured
Slip, trip and fall can occur in a variety of circumstances, such as, while shopping in a mall, touring the zoo, dining in a restaurant, playing in a park or playground, walking in any business establishment, while in a neighbor`s backyard, and even within the four corners of ones’ home.
The main reason why these accidents take place is due to property owner’s negligibility in keeping his or her premises safe. Poor maintenance and deliberate inaction accounts for several slip and fall cases. Proprietors should extend their courtesy in ensuring the safety of the people visiting or passing by within their property. If they fail to follow their standard of care, an injured victim shall have grounds for a personal injury lawsuit. The importance of filing charges is having the opportunity in obtaining just compensation for the damages one has suffered. The payment include general and special damages, and in some instances, even punitive damages.
Slip and fall torts fall under premise liability. It follows legal consequences that should not be taken for granted. An injured party must take legal action in order for them to gain what they have lost. Their losses may include past and future medical expenses for surgery, medication, therapy and others. A victim may also attain mental and emotional injuries for the pain and suffering that they have sustained. This is why a slip and fall is no laughing matter.

Wednesday, January 23, 2008

Product Liability Issues on Candy Recalls

For all we know, among all the states in the U.S., California has the one of the strictest policy and implementing procedures when it comes to protecting its citizens against defective and hazardous products. After giving much focus of lead contaminated toys from China, the state government is now directing its attention on Mexican candies after the recent San Antonio lead-tainted candy recall.
Just recently, another brand of lead tainted candies from Mexico has been the subject of recall. The Texas Department of State Health Services has found that these candies imported by Villa-Mex Imports Inc. are containing high levels of lead after a series of tests conducted.
The candy, Miguelito, Azucar Salada Enchilada Acidulada contains lead levels that are higher than what the US Food and Drug Administration believe is safe. The agency said, any level above 0.1 parts per million can cause a great risk on an individual’s health.
Meanwhile, after reading this news, I also come to know that the said importer of these products has also been the subject of other past product recalls. It is just irritating to know that a company like Villa-Mex Imports Inc. is still authorized to continue their operations.
We should not wait until our children become victims before we act. The government must examine this particular case promptly to determine whether the importer’s license should be cancelled. They should implement other strategies on how to make sure those similarly dangerous products will not ever reach the innocent consumers again.
But then again, for those who may sustain injuries in consuming or utilizing a defective or dangerous product, the federal and California Laws may serve as their refuge.
Under the product liability laws, any person who has incurred harm and damages from another person or entity’s negligence or wrongful acts may file his lawsuit. However, the procedures can take time and lots of efforts – the main reason why most of the victims hire their respective product liability attorneys.

Thursday, November 29, 2007

“What Really Causes Fatigue-Related Truck Accidents”

I just come across an article, “What Truck Accident Lawyers Should Know about the Trucking Industry” posted December last year, which discusses the reasons behind most truck accidents. In the light of the increasing incidents involving trucks in major highways, this article is worth reading.
According to the article, the main reason why truck accidents happen is due to overworked and fatigued drivers. Drivers who have worked on extended hours - which is often more than the allowed work time - are prone to commit mistakes on the road and thus, vulnerable to accidents. The factors that predict a fatigued-related truck accident are:
  • The duration of the last sleep period
  • The total hours of sleep obtained a day prior to the accident
  • Split sleep patterns or the breaking of sleep into small blocks of time
While the article mentioned the reasons behind fatigue-related truck accidents, it is interesting to know that some truck drivers cheat on their log books and continue to work beyond the allowed time. Consequently, they fail to rest properly which often lead to accidents.
The article pointed out the despite federal regulations that require drivers to have at least eight continuous hours of rest and sleep after 10 to 15 hours of duty, truck drivers continue to violate rules, cheat the entries on their log books and drive without regard of their conditions.
Most truck drivers are paid on a “per mile” basis. This explains why some of them who want to earn more by driving beyond permitted hours. If this practice continues, what safety guarantee can one get on the road? Isn’t it time to have truck drivers paid on a fixed salary or hourly basis?

Tuesday, November 27, 2007

“A Trucking Accident Story’s End”

The news article, “Montana Trucking Company Reaches $1 Million Settlement with Injured Motorist”, posted in October 2007 is the end of the story for an injured motorist’s quest for justice. The trucking company made a settlement with Lucy-Jones Parker and her 10-year daughter who figured in a truck accident last year.
Truck accidents have become common in California, especially in Los Angeles and Orange counties, the article noted. These accidents often result to serious or fatal injuries.
Parker’s lawyer said the incident occurred in an intersection where a truck owned by a Montana company crashed into the crossing van of the Parkers. Witnesses said the truck driver did not stop at the intersection and continued driving into the van despite seeing it.
In my opinion, most vehicle accidents happen because of the recklessness and wrong driving habit of drivers.
I would suggest some safety driving tips to motorists crossing intersections:
  • Yield the right-of-way to approaching vehicles in an intersection, especially when no traffic light is posted
  • Obey traffic lights and signals.
  • Yield to police cars, fire trucks ambulances and other emergency vehicles.
By practicing these correct driving behaviors, you can make our roads a little safer for commuters and other motorists.
This trucking accident should serve as a warning to other motorists. This is a reminder that truck accidents always result to serious injury or death; hence, we must pay attention to our driving habits. Defensive driving techniques must be encouraged to avoid the same incident from happening in the future.

Tuesday, October 23, 2007

New Bicycle Laws, Enacted

A recently signed law may become the key in decreasing, if not totally preventing bicycle accident occurrences in California. Last September 26, 2007, Governor Arnold Schwarzenegger has formally signed Assembly Bill 478 to require the bicycle fanatics to use lights on sidewalks, pathways and any other bicycle routes. This will to revise the older statutes that only require bikers to use lights on highways, at nights and early mornings.
In addition, the bikers will be compelled to use reflectors on their bicycle’s rear end and both pedals and their shoes or ankles to increase their visibility especially during nights and bad weathers. Indeed, I believe that this bill drafted and proposed by State Representative Lois Wolk will be of great help for bikers.
It is quite so long bike-riding safety legislation has been given attention despite the great number of injuries and casualties it has already caused. In fact, an average of 1,800 bike-related accidents happens across the state every year. This has even caused 1,626 injuries and at least 44 fatalities.
Although the implementation of this particular law will mean expenses for them, the bicyclists should be thankful that the government is doing their part to protect, not only their safety but as well as of the other motorists and pedestrians. They should not put their lives at risk for only a small amount.
However, despite your strict abidance of this law and you have still been injured in an accident while riding your bike, you may still file charges against the reliable parties. This is to obtain justice and recover suitable damages to cover for the effects of the accidents to you and your family.
More so, in this pursuance of a bike accident claim, you will definitely need a formidable ally to gain a positive result. Thus, it is vital to consider hiring Los Angeles Lawyers who have that expertise in handling this particular type of cases.