How Premise Liability Cases Work

By on 7-12-2016 in Uncategorized

A premise liability claim is filed by an individual who was injured due to dangerous conditions which should have not been there in the first place. In cases like these, the property owner should be deemed liable for the accident. According to the website of Karlin, Fleisher & Falkenberg, property owners have the legal obligation to reasonably maintain the safety of their promises.

Proving Liability

In a premise liability case, negligence on the part of the owner is the main contention of the claim. If the landlord removed the dangerous situation, the injury would not have happened. To be successful in a premise liability case, four elements need to be present:

Defendant Owned, Occupied, or Leased The Property

The first thing that you must prove in premise liability is that the defendant owned, occupied, or leased the property. As such, they had the duty to conduct an inspection of the property and ensure its safety for occupants.

Defendant Showed Negligence In The Use of the Property

Another element of a premise liability claim that needs to be proven is negligence on the part of the property owner. The plaintiff must prove that the defendant failed in their exercise of duty of care as required by the situation.

Traditionally, the liability of the defendant depended on the status of the person entering the premises. Nowadays, however, the principle of ordinary negligence is being used to prove fault. With the new approach, the defendant’s duty of care extends to informing visitors of any potential danger they might not be aware of which is impossible for you to reasonably discover on your own.

You Were Injured

The next element in a premise liability claim is to prove that the negligence caused injury to you. Your testimony as well as that of doctors who treated you can back up your claim. The doctor can prove how your injuries and current medical care will impact different aspects of your life.

The Defendant’s Negligence Was a Substantial Factor in Causing Your Injury

The last element you must prove is that the negligence of the property owner played a huge factor in causing your injuries. It should be reasonably foreseeable in light of the defendant’s action or inaction. The negligence of the defendant need not be the main cause of injury but should have a material contribution to your injury.

Distracted Driving

By on 3-19-2016 in Motor Vehicle Accidents

Vehicular accidents involving teenagers have more or less been declining in New York and in the whole of United States in recent months; however, teenagers are still the majority of the age group involved in such crashes with 8% to 10% of teenage drivers in New York figuring in vehicular accidents as compared with 4% of the other drivers not included in the same age group. Also, distracted driving is the main reason why teens get into such accidents.

A state fact sheet from the Institute of Traffic Safety Management and Research showed that motor vehicular accidents that involved drivers between the ages of 16 and 20 have declined by 8% in 2014 from 2012’s records, while the number of vehicular fatalities involving the same age group lessened by 25% during the same period.

The National Highway Traffic Safety Administration, for its part, said that nationwide traffic fatalities involving teenaged drivers have been reduced in half over the most recent 10-year recording figure, with 4,333 in 2013 from 8,782 in 2004.

Also, even though New York is the fourth most populous state in America, it had only eight vehicular fatalities that involved drivers between the ages of 15 and 20 in 2013.

St. Lawrence County Clerk Mary Lou Rupp said stricter laws such as changing the former requirement of passing 20 hours of supervised driving before being able to get a license to 50 hours, among others, have contributed to lessening the number of vehicular accidents that involved teens.

According to New York State Police Troop B spokesman Kyle Otis, today’s teenagers sometimes get preoccupied while driving with gadgets that are most prevalent to today’s generation, such as smartphones and iPods. He has urged teenagers to curb their supposed need to tinker with their gadgets, or even answer text messages until after they have parked their vehicles.

The website of Schuler, Halvorson, Weisser, Zoeller, & Overbeck, P.A. say that Florida has 275 traffic fatalities involving teenagers recorded in 2013.

The truth about bladder cancer

By on 10-23-2015 in Uncategorized

Our bladder is a muscular, spherical organ located just above and behind the pubic bone that catches and stores urine from the two kidneys. When full, it also acts as a sensor that tells the body to urinate. This organ also has two valves that control urine as it exits the body. When cells in this organ multiply abnormally, bladder cancer occurs.
Most types of bladder cancer occur along the inside lining of the bladder. Some studies suggest cancer formation is a result of higher concentration of toxic substances in the urine. There are many possible causes of bladder cancer. According to www.williamskherkher.com/houston-personal-injury/, certain medications such as anti-diabetes drug Actos could be among the many possible causes of this disease. Apart from drugs, smoking is considered among the most common risk factors. Other factors include a family history of bladder cancer, obesity, too much alcohol consumption, older age, and exposure to certain chemicals at work.

Bladder cancer is almost always detectable during its early stages. Early signs and symptoms of bladder cancer may include:

  • Hematuria, or blood in urine. This is the primary symptom for bladder cancer. Urine usually appears black, or normal but with streaks of blood when seen under a microscope
  • Pelvic and back pain
  • Frequent and painful urination

If you think that you are at increased risk of this disease and you are experiencing one or more symptoms above, do not delay visiting your physician! A quick and accurate diagnosis today could save you from the complications of this disease in the future. Biopsy (obtaining a sample of your bladder tissue), cystoscopy (insertion of a fiber-optic tube to see the inside of your bladder), and imaging tests are just some of the many procedures in diagnosing the disease.
In most cases, bladder cancer recurs. So, bladder cancer survivors are encouraged to create a personalized plan for follow-up tests to determine if bladder cancer recurs and to know the ways on how to prevent recurrence.

The History of Zofran

By on 6-07-2015 in Dangerous Medicine

Zofran, or ondansetron as it is sometimes known, was initially created in the 1980s in England. It is a serotonin 5-HT3 receptor antagonist used to prevent nausea, which essentially means that it blocks the chemicals that are responsible for nausea and vomiting. The FDA didn’t approve Zofran for use in the US until early 1991. It was only approved for the use by cancer patients undergoing therapy and patients that are recovering from surgery.

Zofran worked extremely well for cancer patients and those recovering from surgery. It quickly became popular with doctors and at one point was ranked as the 20th highest selling brand name drug in the US. As its popularity grew, doctors began prescribing it off-label to expectant mothers with violent morning sickness that was not responding to other treatments. When a doctor prescribes an off-label drug, the doctor is giving it for a reason that it has not yet been approved for. Zofran had not been approved for use by expectant mothers.

While it had not been approved, in the past there had been testing in animals, mostly rabbits and rats, to see if its use affected unborn babies. These test showed no negative effects on the babies born. However, studies done with humans have been inconclusive. Some show no negative effects while others show a minor to significant increase in certain birth defects. The defects vary but most commonly are the development of a cleft lip, cleft palate, or heart defects.

The makers of Zofran never petitioned for the approval of the drug for expectant mothers. In fact, they have since issued a warning against its use by expectant mothers and the makers of Zofran have had to pay $2 billion dollars in penalty for marketing the drug as safe for expectant mothers without approval. Lawyers are beginning to collect cases of fetal birth defects caused by the drug, and if even one Zofran lawyer begins winning cases the popularity of the drug will begin to decline.

What Are Military Moral Standards?

By on 3-24-2015 in Criminal Defense Laws

When enlisting in the military, procedures for admitting an applicant consist of reviewing the applicant’s background and character. After passing a set of qualifying features, the applicants can be enlisted. However, there are several red flags that individuals can posses. If they violate the military’s moral standards, these red flags can prevent admittance to the military.

Moral standards include previous judicial restraint, convicted felonies, and traits that are deemed unsuitable for the military. While other factors are considered, these three can be immediate disqualifies, or require a waiver to go through.

If someone has a past judicial restraint, such as probation or imprisonment, their application is marked. However, the situation’s surrounding factors are taken into account when assessing whether a waiver can be passed. If the individual displayed cooperation throughout the process, and realigned successfully in life thereafter, they have a better chance of being granted a waiver.

Secondly, a person’s individual traits are examined. This is so their character can be evaluated as fit or unfit for a military position. Examples of unfavorable traits are antisocial or incompatible. After an interview is conducted during the application process, one’s personality is analyzed.

Lastly, convicted felonies can compromise a future in the military. These felonies include rape, assault, or injury-inflicting DUI cases. Again, waivers can be issued on a case by case basis. During the waiver process, the military asks for specifics of the situation and letters of recommendation that speak to the applicant’s character. A Fort Walton Beach military arrest lawyer could explain the range of repercussions if convicted, from restriction to base to seperation from the military.

When applying to the military or already enlisted, the set of military moral standards are applied. In uniform or not, individuals assume the responsibility of assuming them.

How Does Cerebral Palsy Affect Daily Life?

By on 3-22-2015 in Birth Injury

Cerebral palsy can inhibit every day activity. A lesser degree of functioning ability can make daily tasks harder to perform, and those with cerebral palsy overcome challenges every day. Mental, physical, and communicative abilities are limited because of this hardship, and every person’s condition is unique.

The website of the Driscoll Firm P.C. notes how cerebral palsy affects cognitive development. Half of impaired persons have intellectual limits, and one a quarter have epilepsy. Learning disabilities relate to motor skills, literacy, and laguage learning abilities. These factors make it harder to participate an concentrate in school or work becuse tasks are more difficult to process and perform.

There is a wide range of physical hardships caused by the ailment. One in three children are unable to walk, and three in four often experience pain. It can be difficult to eat, drink, and even breath. Due to posture and balance impairments, these physical functions are challenges that are present every day.

In conjunction with communication deficiencies, a lack of muscle coordination in the mouth leads to communicative limitations. This muscle condition makes it difficult to form words and control the mouth area. The hampered speaking mobility causes one in four affected people to be unable to talk.

According to the website of Habush Habush & Rottier S.C. ®, this ailment can have natural causes, however can also be the fault of another during child birth. If your child has been mishandled during birth, compensation can be received to help provide corrective and rehabilitative outlets.

Treating Whiplash

By on 3-17-2015 in Motor Vehicle Accidents

When involved in a car accident, whiplash is one injury that can be sustained. Nerves, muscles, and ligaments can be affected when the head experiences a sudden jolt. Whiplash injuries can be both annoying and painful, and there are several steps drivers can take to help alleviate and expedite the recovery process.

The website of the Wausau, WI car accident attorneys says that whiplash injuries can differ from person to person. Typically, it should only take several days, but for some it can take up to months. Furthermore, people can experience different ranges of pain; some can continue daily routines while others can’t rotate their necks enough to assume activity.

To alleviate pain, the person should continue to use their neck. Keeping it active and mobile will speed up the recovery process, whereas stationary placement will prolong it. Massages and other treatments are not recommended as long term solutions; nor are painkillers. The best solution is to stay active.

To do this, neck and stress relieving exercises can be performed once or several times a day. Helpful ones are looking up then down, rotating the neck around in a circle, and looking side to side. These exercises loosen up the neck area by diminishing knots and cricks, and stress.

According to the website of the Chris Mayo Law Firm whiplash is one of several causes of head and spine injuries. These body parts enable people to move and think, and injury them can have detrimental affects. When a driver experiences whiplash, it is important to treat it properly so that the neck can properly function seamlessly, and as soon as possible.