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The Complications of Premises Liability

The Complications of Premises Liability

If you have been in an accident and have sustained an injury just because of the negligence of a property owner, you may have a premises liability case in front of you. Premises liability is the legal concept of property owners being obligated to make sure that their properties are safe.

Typically, these kinds of cases can be viable if there is a clear relationship between the victim and the property owner, the property owner has a duty of care toward the victim, the property owner has breached that duty because of acting or failing to act, and that the breach of duty of care has resulted into damages, including injuries, treatment costs, and lost wages because of lost time at work.

But how can someone be a victim? A person can be classified as an invitee, licensee, or a trespasser. An invitee is someone who has permission to go to the property, such as family members, friends, and customers. A licensee is someone who has permission to go to the property and has gone there for his own purposes, like a salesman. A trespasser is someone who has no permission to go to the property.

The qualification of being a legal victim may depend on the jurisdiction. On some areas, you may be considered a victim and may be viable to file a premises liability claim only if you are an invitee or a licensee. There are some areas that treat trespassers as victims, especially if they are unsupervised children.

These people can be injured in a variety of ways. In residential properties, they may slip and fall because of snow and ice buildup on the sidewalk, get attacked by dogs who are not properly restrained, or fall because of defective stairs and collapsing porches.

In commercial properties, they may get injured because of defective elevators and escalators, parking lots that have uneven surfaces, slippery materials on the floor like low-quality floor wax and spilled drinks, or even because of poor security in the area.

According to the website www.thebentonlawfirm.com/fort-worth/, those who have been victims of negligent property owners may have legal options. If you are not sure whether your area accepts invitees, licensees, and trespassers as victims, it is best to just get legal help.

Whatever the case may be, it is good to know that there is a legal concept such as premises liability and legal professionals who ensure that this concept is enforced.

Effects of Domestic Violence on Victims

Domestic violence may happen because of many reasons, like abusive partners and great misunderstandings. But whatever the reason is, it doesn’t change the fact that domestic violence has the capability to destroy homes, families, and relationships.

Domestic violence has significant effects, especially to its victims. For this reason, there are laws out there that protect individuals from the dangers of domestic violence. To prove that domestic violence can be very devastating, its effects are listed below.

Injuries
The most obvious consequence of domestic violence is bodily injury. The amount and severity of the injuries may vary depending on the kind of abuse. But usually, the injuries include bruises, cuts, black eyes, and marks on the neck and wrists. On worse cases, domestic violence can result into traumatic brain injury, face disfigurement, spinal cord injuries, broken bones, and amputations.

Health Issues
The physical effects of domestic violence do not just involve injury. They may also involve other health issues that may arise because of trauma. These health issues include menstrual irregularities, sexual dysfunction, involuntary shaking movements, muscle tension, and shortness of breath.

Emotional and Psychological Problems
Getting abused does not just result to injuries and health issues, as they can also result into emotional and psychological problems, like anxiety, depression, and post-traumatic stress disorder. Those with PTSD may have flashbacks and nightmares about getting abused, and intense fear towards anything that can relate to the abuse. Domestic violence victims are also proven to be more likely to abuse alcohol and drugs.

Life Changes
Lifestyle changes may be warranted because of the injuries, health issues, and emotional and psychological problems that have been sustained. Maybe the injuries and health issues are lifelong, and maybe the emotional and psychological problems become a ripple effect that poses problems on employment, family and peer relationships, and enjoyment of life.

It is important to point out that the victims themselves are not just the ones affected. The other family members, particularly the children, may also suffer from health issues, emotional and psychological problems, and negative life changes.

According to the website of the defense attorneys at Truslow & Truslow, criminal domestic violence can be defended. In a way, this proves that the law hears the sides of all the parties involved. Despite the negative effects of domestic violence, the law ensures that the abusers, or at least those who are accused of abuse, are heard.

How To Prepare For A Hurricane And Tornado

Hurricanes and tornadoes represent one of the most devastating calamities that hit the United States. When it strikes, the result could be devastating leading to lives and properties being lost. The potential expenses for recovery can be too costly on your part. According to the website of Williams Kherkher, most insurance companies cover damages caused by tornadoes and hurricanes. In order to free yourself from these costs, here are some tips on preparing for hurricanes and tornadoes.

  1. Stay alert for any hurricane or tornado warnings from the National Weather Service (NWS). Hurricane season usually runs from July to September so it pays to be prepared days or even months ahead. By preparing in advance, you can minimize panic situations during the actual disaster.
  2. Secure your home. Close your windows, doors, and hurricane shutters. If you do not have the latter, fasten them with plywood. Bring anything that can be blown by the wind outside inside.
  3. Keep emergency supplies and kit. Examples of these items may include canned goods, blankets, tools, flashlights, and other emergency supplies.
  4. If evacuation is already in the works, pack what you need and leave early. You do not want to be caught by the storm while evacuating.
  5. Create an evacuation plan and let it be known by the members of your family. You can rehearse it as well so as not to create confusion and fear during the actual event.
  6. Find the safest place. It can be the basement, cellar, storm shelter, or a closet. Stay there until it is already safe to come out.

Hurricanes and tornadoes are events that we cannot control. They are forces of nature that can threaten human life and property. Preparation is the best defense against the potential risks and dangers associated with these calamities. The bottom line is to be prepared than be sorry.

Bentonite Clay: The Benefits of Drinking Dirt

It might be a bit odd to hear that ingesting clay can be especially beneficial to your health. Still, strange as it sounds, drinking this special kind of dirt can help detoxify your digestive system and strengthen your immune system at the same time. This mysterious, almost magical clay is called bentonite. It’s made from volcanic ash that not only carries negative electrical charges that attract and bond with the positive charges of toxic substances, but it also has many minerals that can help strengthen the body.

There are many established benefits to ingesting bentonite clay. Due to its role as a detoxifying agent, perhaps the most noteworthy is how it can help relieve a host of different digestive issues. Many patients suffering from irritable bowel syndrome have found relief from drinking clay. Similarly, it can also help people suffering from bloating, acid reflux, and diarrhea. Best of all, bentonite clay cleanses the intestinal system of toxins, allergens, irritants, pesticides, and other similar harmful substances.

If you have any more qualms about drinking bentonite clay, you might find comfort in the fact that this remedy has long been used many indigenous tribes all over the world for centuries. Ingesting bentonite clay has always been a traditional method to counter the effects of toxicity and poison. According to Dr. Weston A. Price, many of the indigenous people in Central Africa and Australia kept clays dissolved in water on hand for when they eat.

Integrating drinking clay to your diet can be easily done. Purchase a food grade bentonite powder from a trusted manufacturer. Use 1 part drinking clay for every 8 parts of water and mix the solution careful to ensure that the powder dissolves in the liquid. It’s best to drink this solution on an empty stomach, about an hour before or after a meal.

Underscoring The Importance of Workplace Wellness

Now more than ever, employers must focus on implementing workplace wellness and save themselves millions of dollars in health care expenses. Workplace wellness is defined as an organized, employer-sponsored program designed for supporting employees in order to reduce health risks, improve quality of life, enhance personal effectiveness, and in the process benefit a company’s bottom line. The website of WorkSTEPS reveals that implementing wellness programs help encourage and facilitate healthier lifestyles among its employees.

According to the Centers for Disease Control and Prevention, chronic diseases represent 75 percent of total healthcare costs. These types of diseases are also the most preventable kinds of diseases. Having a workplace wellness program is one of the major steps companies can take in preventing diseases. While many Americans are starting to become health conscious, employees are not able to act on wellness goals because their workplace schedule just does not permit them.

With healthcare costs on the rise, employers will take the brunt of the claims and expenses of employees. Corporate wellness should be a major priority for employers and it requires a long term commitment. It is worth noting that for a program to be successful, it should have the support of management. The key to its success is integration into the corporate culture. It should be part of their short and long term goals.

Recent studies have revealed that companies that implement wellness programs have experienced a 28% reduction in sick leaves and 26% decrease in medical costs. Likewise wellness programs have contributed to a 19% reduction in absenteeism resulting to a $264 savings per employee per year. Furthermore, workplace wellness resulted to 70% fewer sick days for the employees who are involved in wellness programs compared to those who opted out of the program.

Lastly, the success of a wellness program lies on both employer and employee sharing the common vision of having a healthy workplace.

Truck Accidents – The Stats and The Causes of Crashes

Statistics from the Federal Motor Carrier Safety Administration (FMSCA) revealed that there has been a 20% increase in trucking accidents in the last two decades. This makes trucks a potential threat to the health and safety of people across the United States. Furthermore, a report by the National Highway Traffic Safety Administration (NHTSA) revealed that 317,000 large trucks were involved in traffic crashes which led to 104,000 injuries and 3,921 fatalities. Truck accidents tend to be more fatal than car accidents given its sheer size. Trucks are 20 times the size and weight of other vehicles.

Truck accidents are caused by a variety of factors. As these crashes can bring about huge damage, it is important for the drivers to have an awareness of the dangers posed by their large vehicles. Likewise, other drivers should proceed with caution when driving in the company of trucks. Here are some of the most common causes of truck accidents:

Accidents caused by other drivers may include the following:

Driving in the “No-Zones” where the truck driver has limited or zero visibility. According to the website of the Chicago personal injury attorneys of Karlin, Fleisher, & Falkenberg, LLC, truckers are trained how to keep track of their vehicle’s blindspots. So truck drivers can be held liable for a vehicle in their blind spot.

Improper merging into traffic resulting to a truck maneuvering or braking quickly
Passing with insufficient headway
Driving between large trucks

Accidents caused by commercial truck drivers

Given the size of trucks, drivers need to be skilled and patient for the most part. Some characteristics of truck drivers can also contribute to accidents and they include:

Insufficient training as to driving technique, safety concerns, and defensive driving
Ability to compensate that allows delivery of faster vehicle speeds and extended hours of consecutive vehicle driving than what is normally expected
Unrealistic schedules and expectations forcing drivers to hurry up which might compromise safety risks

There are other circumstances that may lead to accidents:

Driver error is ten times the more probable cause of crashes than any other factors, confirmed by the FMSCA. A truck driver should have the ability to react to potential dangers while on the road.

Truck Equipment Failure include malfunctioning tires or the inability to offer detective\reverse-detection warning devices. The FMSCA demands that each driver and company to conduct a pre-trip inspection as well as regular inspections and maintenance. By inspecting the equipment, mechanical failures

Weather conditions can bring about delivery issues. During bad weather, trucks may encounter some braking problems. Unlike cars, they are not able to stop or quickly steer the trucks. Thus, the failure of the trucks to adapt to local weather and road conditions have contributed to trucking accidents

Improper loading can cause the truck to malfunction. It can result to a truck topping over when it should stay upright. To prevent accidents due to improper loading, the driver must ensure that the load is safely configured or distributed on the trailer.

The improper selection of truck drivers has become a huge concern in the trucking business. At the same time, companies should always ensure that their trucks comply with FMSCA regulations when safely shipping their loads.

Being aware of the potential hazards of driving a truck can make a huge difference in reducing the incidence of accidents in US roads. Safety should always be top priority for companies in the trucking industry.

Creating an Online Platform as a Contractor

Today, there are many online platforms wherein blue collar entrepreneurs can boost their sales, improve their marketability, and track their progress. However, with these innovations, many contractors in the blue collar sector are still skeptical on why they need to make the most out of these online tools. Just because you are doing manual labor doesn’t mean you can’t leverage the power of the Internet to work for you. Here are the many ways on how Internet can help your blue collar business:

Social media improves your marketability

If you think about it, we don’t usually follow a plumber on Twitter, or like his posts on Instagram. So, if someone likes a plumber’s profile page, or follow him on any of his social media account, or had him in his group, he should be very good in what he is doing! When people search the Internet for the best contractor in town, they don’t want sales talk. What they want are first-hand experiences from people who you serviced. And there is no better way to promote your business than by letting someone recommend you for a job well done!

Content is what makes you visible

A person with a leaky roof wants solution, and they want it real fast. By scouring the Internet, he gets to know whom to seek help from. By creating a website with relevant content, you are making your business available for people who are looking for solutions online.

Cloud helps you track everything

According to the website of the CRM platform for contractors from FollowUp Power, technology helps blue collar contractors simplify and streamline their sales process so that no projects will fall through the cracks. This is especially important if you don’t want to miss on anything, from finding profitable projects to bidding right. There are also tracking apps that you can use to measure conversions in your advertisement campaigns. By doing so, you will know which campaigns bring business to your brand, allowing you to spend more on things that really work.

Frequent Causes of Bicycle Accidents

Environmental concerns have caused many Americans to forgo driving their cars and opt for riding their bicycles instead. As noted by the National Highway Traffic Safety Administration or NHTSA, there has been a significant increase in the number of people opting to ride their bikes to work. In 2002, the number was at around 488,000. By 2012, the number has grown to 786,000. These figures suggest that in the span of 10 years the number of Americans choosing to ride their bikes while commuting to work has increased by 61 percent.

With this increase, it follows that the occurrence of bicycle accidents have also spiked in recent years. The NHTSA also notes that bicycle accidents account for about two percent of all the traffic fatalities noted in the year 2012. While this may seem like a slim portion, bicycle accidents are still among the notable reasons for reported traffic fatalities. This comes as no surprise, considering that cyclists face significant risk when sharing the road with drivers operating vehicles that are much larger and bulkier.

According to the website of The Law Offices of Cazayoux Ewing, bicycle accidents can occur from even the slightest mistakes. Some of the most common traffic errors and violations that lead to accidents between bicycles and cars include drivers who fail to yield to bicycles, distracted driving, drivers who fail to signal when swerving or turning, drivers who are not careful with their vehicle’s blind spots, distracted and reckless driving, as well as drunk driving.

While cyclists can improve their safety by wearing proper gear and following safety protocols, drivers who share the road with them must also be wary of mistakes that can lead to devastating outcomes. The aforementioned examples can easily be avoided if drivers take extra care while behind the wheel. Taking note of the frequent causes of accidents between bicycles and cars can be an important step to preventing such incidents from occurring in the future.

Zofran: Important Facts about the Anti-Nausea Drug

Zofran, also known by its generic name Ondansetron, is one of the most widely-used prescription drugs in the world. As a matter of fact, the World Health Organization even included it in their list of essential medications. The drug’s usefulness owes to the fact that it can help alleviate symptoms of nausea and vomiting for different scenarios.

When it was approved by the Food and Drug Administration (FDA) in the year 1999, Zofran was originally intended for patients experiencing nausea and vomiting after undergoing surgery, chemotherapy, and radiation therapy. Soon enough, the drug was used to treat similar symptoms caused by other factors. Today, Zofran is also widely prescribed for gastroenteritis and pregnancy. The medical community refers to this as “off-label use”, referring to the fact that it is being used in scenarios other than what the FDA originally approved it for.

Zofran is particularly effective because it is a serotonin receptor. It works by inhibiting the production of serotonin 5-HT3, which is responsible for triggering areas of the brain responsible for nausea and vomiting. The drug is also highly soluble, making it easy for the body to process and absorb.

While incredibly helpful, Zofran is not without some side-effects. The severity of these side effects will depend on how the patient reacts to the drug. In most cases, it can cause lightheadedness, mild headaches and constipation. Sometimes, it can also cause changes in vision and muscle spasms.

Zofran is also known to cause more adverse side effects, especially for pregnant women. According to the website of the Zofran attorneys of Williams Kherkher, there have been reported cases potentially linking the drug to birth defects. The FDA also released a statement raising a few safety concerns, although researchers have yet to find concrete evidence of a direct correlation.

Considering these concerns, patients should take necessary precautions when taking Zofran. Pregnant women should speak at length with their physicians before considering it to treat their morning sickness.

Whiplash Injuries

One of the most common forms of injuries due to impact accidents is whiplash. Whiplash occurs when an individual’s neck whips back after a quick change in acceleration, causing the stretching and tearing of muscles and tendons in the neck. This type of neck strain is often caused by auto accidents or other vehicular collisions.

Symptoms of whiplash include decreased range of motion, tightness and pain in the neck, and headaches at the base of the skull. According to the website of personal injury lawyers Pohl and Berk, more serious whiplash can also cause muscle spasms, disc damage, and even harm the spinal cord. These side effects can be immediate or take several days to appear. This type of injury often goes untreated due to lack of understanding of the condition. Whiplash injuries that go untreated can cause further physical and psychological damage like anxiety and depression.

While whiplash is not a life threatening injury, it can be costly financially to the injured party. Whiplash injuries may affect an individual’s professional life by requiring time off for recovery, limiting productivity, or causing temporary inability to work.

Minor cases of whiplash can be treated at home. The most common forms of home treatments include icing the affected area to reduce pain and swelling, applying moist heat after 2-3 days of icing, or using a neck brace for a limited time. Prolonged pain or worsening of symptoms might require more intense medical care and a physician should be consulted in such cases.

If you or a loved one was involved in a car accident due to a negligent driver and are now suffering from a whiplash injury, call an attorney in your state to discuss your legal options. You may be able to receive compensation for your physical and emotional pain.

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