Children Injuries at Care Centers

Children Injuries at Care Centers

Dec 02

Kids get hurt; that is the nature of the beast. Even under careful parental supervision they still have a tendency to get injured, hit each other, and to fall down. Therefore in a childcare centre where there are four children for each grown-up, it is common for children to get minor injuries. But that’s not to say that child-care centres don’t have to have a high standard to maintain. This can be the main reason why most states require childcare facilities to own liability coverage.

The liability of daycare facilities are not the same as that of regular universities, where the main goal is for instruction. The primary purpose of childcare services is to monitor the children under their management. As stated on the site of law-firm Habush Habush & Rottier S.C., kids get injured easier than adults, and require careful supervision. You can find there are only three requirements for keeping a facility safe from children injuries.

Violation of a Statute

If your state has a regulation that the daycare service does not follow which ends in an injury, this really is considered negligence, and could possibly be cited as a reason to get a liability battle. In the majority of states, as an example, there’s needful proportion of children per adult manager; in the event the facility exceeds the number of students allowable per adult plus a child sustains an injury because of inadequate oversight, the service may be cited as responsible.


If it fails to keep up a high standard of care expected of them as a child-care centre, it can be held liable. Taking the illustration above, if the child-adult percentage is detected but the grown-up does not prevent an injury that was expected, this really is considered neglect. This is not the same for negligence by itself because there is no violation of a statute.

Res Ipsa Loquitur

This philosophy of neglect is possibly more easy to demonstrate than other events of negligence. It’s a Latin term that signifies “for itself” but in authorised usage it’s expanded to “the thing talks for itself” because it pertains to some self-evident occurrence. There’s no need to provide proof of neglect as the work itself is not diligent. For instance, if your young child is picked up from a service and is discovered with a busted arm but is unable to express what happened, the daycare center may still be held accountable res ipsa loquitur also if there is no proof of how it occurred.

Are Amusement Parks Safe for My Kids?

Are Amusement Parks Safe for My Kids?

Aug 25

What is it about amusement parks that just draw in the attention of most children? Is it the thrills and exhibits that these parks have to offer? Is it the experience of simply being there? One for certain is that you do not necessarily have to be a kid in order to enjoy an amusement park.

However, the primary question for the moment is this: are these amusement parks safe?

Well, an amusement park is a public structure that is owned by its respective administration. Public premises are required, by law, to maintain a certain caution in order to not harm anyone who may be passing by the premises or inhibiting it altogether. Amusement parks are especially held accountable, due to the high risk that some of the rides and attractions may have. There are safety limits and precautions that are in place for certain rides for a reason, after all.

They are required to be safe in order to be approved by the state to operate as an amusement park and so, they usually are. However, if anything awry does happen within the premises and it causes significant injury to anyone in attendance – there is a responsibility to seek legal action and there is an accountability that is expected from the negligent party in order to pay recompense for any of the damages done to the injured party.

This kind of scenario is covered in the branch of the law that can go under the umbrella term “personal injury.” This goes in accordance to the definition that can be cited from the website of Williams Kherkher Law as “personal injury” deals with any injury (physical, emotional, mental, or any combination of the three) to a person due to the negligent actions of another individual or party, whether the action was intentional or not.

The Spectre of Mercury Poisoning in California

The Spectre of Mercury Poisoning in California

Jan 16

California was at the center of what is famously known as the Gold Rush where get-rich-quick laddies rushed to the area of the Sierra Nevada to exploit the gold deposits way back in the mid-1800s. It gave rise to the state of California and the founding of San Francisco. But scientists are saying that the gold-mining operations also left behind a legacy of toxic mercury in the area’s soil, contaminating the surrounding rivers every time the rain comes, as discussed in this study.

It is a serious health concern, and one that will take decades to address. Chief among the sources of mercury poisoning is in eating fish that had been tainted with the methylmercury, an organic form of mercury that accumulates in animal tissue. Affected residents have been warned about the risks of consuming fish, shellfish, and animals that eat fish in the area.

As discussed on the website of Habush Habush & Rottier S.C. ®, toxic exposure is a very real danger. High levels of mercury in the body can do serious damage to the immune system, heart, kidhers, lungs and brain, especially to unborn babies and the very young. Symptoms include impaired vision and speech, abnormal sensations, lack of coordination, and muscle weakness. People with mercury exposure demonstrate decreased cognitive ability, insomnia, anorexia, and mood swings.

While environmental mercury is difficult to avoid, there are exposures that are preventable. Areas that cope regularly with mercury that have poor ventilation and inadequate protective measures can expose people to high levels of mercury, such as in coal-burning power plants, light bulb and battery manufacturing, chemical laboratories, hospitals, and dental clinics. Those who are responsible for protecting their workers and the surrounding area from mercury exposure are liable for failing to take the necessary steps to keep them safe from the toxic effects of the element in its various forms. People who are regularly exposed to mercury are also able to pass on the adverse effects to family members.

If you believe you have mercury poisoning, you need to consult with a physician immediately. You also need to consult with a mercury poisoning lawyer if your exposure is due to the negligence of a third party. You may be eligible to get compensation for your injuries.

Distracted Driving: One of the Possible Causes of Wrongful Death

Distracted Driving: One of the Possible Causes of Wrongful Death

Oct 01

Accidents always have two results: damage to properties and personal injury, which is injury resulting from act of negligence or carelessness by another person. There are many different causes of personal injury. Some of these are motor vehicle (car, motorcycle, truck) accidents, boating accidents, plane crash, construction site accidents, slip and fall accident, medical malpractice, dangerous products, explosion accidents, and nursing home abuse or negligence.

A negligent act that results to personal injuries are tortious acts or civil offenses and, under the law, the liable person or party, called the tortfeasor, is legally required to compensate his/her victims for all the damages that they have been, and will be, subjected to because of the injury, including wages lost, cost of medical treatment and so forth.

There are accidents, however, that bring about results that are more tragic than injuries: wrongful death. According to the National Highway Traffic Safety Administration (NHTSA), one major cause of wrongful death is car accident due to distracted driving, with drivers aged 15 – 24 as either the victim or the liable party. In fact, between January and June of 2011, the NHTSA was able to record 211 fatal car accidents involving teens aged 16 and 17.

Distracted driving includes, but are not limited to: eating and/or drinking; sending or receiving text messages; talking on handheld cell phones; talking on handheld cell phones; reading a map; putting on makeup; combing or styling the hair; surfing the Internet; and, setting or changing a GPS system.

Drivers, including younger ones, agree that distractions while driving are totally preventable and should be avoided. No driver would even want to share the road with a distracted driver or be a passenger in a car driven by a distracted person behind the wheel. Yet, the persons who say these are the very same ones who easily get distracted. Worse, many distracted drivers say that they can afford to be concerned with other things, even while driving, since they can control any situation anyway.

No family deserves to suffer the wrongful death of a loved one. It strongly condemns the careless acts of many drivers and acts as a strong proponent of justice against liable negligent parties. The possible legal acts the “real parties in interest” or the victim’s survivors can take for all the damages they are made to suffer. A wrongful death lawsuit can do a lot to help a family cover the expenses related to the circumstances of its loved one’s untimely death.

Brain Injury Lawsuits

Brain Injury Lawsuits

Jan 05

Traumatic brain injuries, called TBI, are caused by strong impact to the head, scalp of skull with such force that it rattles or agitates the normal function of the brain. They can cause serious cognitive impairments, such as thinking skills and learning skills, despite the age of the patient.

There are levels of severity when it comes to TBI: a mild traumatic brain injury which does not need immediate and further treatment does not require a lawsuit to be filed against the one who caused the injury, while moderate and severe cases of traumatic brain injuries (where patients suffer significant injuries and/or losses that would impact their quality of life) can be grounds for a brain injury lawsuit.

For all ranges of age, the leading cause of traumatic brain injury is slip and fall incidents, although they can be caused by a number of things from sports injuries to car accidents to defective products. Depending on what brought about the injury, a patient (or parent/guardian of the patient) can bring about a number of lawsuits for compensation – personal injury lawsuit to defective products. The important element in a traumatic brain injury lawsuit is to prove that negligence (either the action or inaction) on the part of the defendant (or “the one at fault”) is the cause of the injury.

The effects of a traumatic brain injury do not immediately show upon first check-up, therefore it should be noted that “delayed-onset symptoms” should be monitored in a patient who has suffered traumatic brain injuries. Symptoms may show after a few hours or even a few days after the injury was sustained.

In order to win a brain injury lawsuit, a patient should always make sure to gather evidence – proving the negligent conduct of the person at fault of the injury, testimonies from witnesses and news reports, medical records, and police records, as well as other significant evidences should be presented and kept. Such complete evidence can be enough proof to establish the case.