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 Music City: Understanding the Role of Music in Nashville’s History

The Music City: Understanding the Role of Music in Nashville’s History

May 02

Nashville, Tennessee is well-known around the world as a center of the music industry. In fact, Tennessee’s capital city has played an important role in the generation of notable musical talents since the 1800s. As a result of this crucial part in music history, it’s no surprise that Nashville is affectionately called ‘Music City’ today.

During the 1800s, Nashville had been a national center for music publishing in America. According to Nashville Convention & Visitors Corporation, the first musical act to have toured around the world hailed from the city’s Fisk University. The Fisk Jubilee Singers were an a cappella group that consisted of students looking to raise funds for their college. In particular, the group sought funds to help Fisk University’s mission to educate freed slaves after the Civil War. The group managed to tour the world and subsequently placed Nashville at the forefront of the burgeoning music industry of the time.

Nashville’s reputation as a global music center subsequently grew as business owners incorporated the rich and diverse music scene into their establishments. Even before the start of World War II, several downtown hotels housed in-house dance orchestras. There was also the Ryman Auditorium, which was home to the Grand Ole Opry. The historic radio show was launched in 1925 and continues to feature notable music productions from great artists to this very day.

While Nashville is mostly known for its contribution to country music, a variety of musical genres are actually integral to the fabric that makes the Music City come alive. Nashville is also home to pop, rock, jazz, blues, soul, and Christian contemporary. Classical music, led by the award-winning Nashville Symphony, is also an integral force in the city’s music scene.

Why You Should Get an RV

Why You Should Get an RV

Feb 17

Imagine traveling across the country, observing the landscapes non-urbanized areas have to offer. Think about all of the different cuisines and cultures you could experience just by crossing a few state lines. This modern day exploration is often called a road trip. Although you can have a quality road trip in a regular four door car, a recreational vehicle heightens the experience. If used often enough, an RV can save you a lot of money. With an RV you do not have to worry about getting a hotel or motel room, which usually adds up to be a significant expense. You also do not have to eat at restaurants for every meal. Some RVs include a fridge and a stove, meaning you can have inexpensive, home-cooked meals on the road.

Another perk of not needing to book a hotel room is that your trip allows for more flexibility. You can park at any point in your trip and rest. If you want to explore a hiking trail 50 miles away from civilization, a portable resting spot gives you the option of staying into the night. You also do not have to worry about booking a hotel beforehand.

You do not have to get to a destination by a certain day or time. In contrast, you can also get ahead in your trip or skip some stops without wasting time and money canceling your room reservations. Sometimes following a set in stone schedule takes the fun and spontaneity out of traveling. RVs allow for spur of the moment decisions. If you have no where to put an RV, consider a storage unit. A large unit is great for when you need extra space. Storage units tend to be affordable, and in addition to storing your RV, you can use one to get rid of some unnecessary clutter inside of your home.

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.

Gun Restrictions Challenged in Maryland

Gun Restrictions Challenged in Maryland

Jan 22

The 4th U.S. Circuit Court of Appeals upheld a Maryland law that requires people to present a “good and substantial reason” in order to obtain a license to carry a personal handgun in public.

The Supreme Court declined to review the case.

Raymond Woollard, whose request to carry a handgun was declined in 2009, said this violated the second amendment. He wanted to carry a gun after his son-in-law broke into his home in 2002. His fear was not recognized as a valid reason to hold a weapon, however.

Maryland, New York, California, New Jersey, Hawaii, and Massachusetts all have similar clauses that require individuals to have a reason in order to carry a gun outside of their own house or workplace. These states are also facing legal challenges similar to Wollard’s case.

Unfortunately, many people are incarcerated annually for innocently carrying illegal guns. Hunters are encouraged to extensively research laws in each county before every hunting trip, as laws vary from county to county and may change during the duration of the season.

If you or a loved one were charged with illegal gun possession, a conviction could mean being branded as a criminal for the rest of your life. The website of Horst Law states that a criminal conviction can even make it difficult to find a job or housing. Defendants need an experienced criminal law attorney on their side to build the best defense possible and ensure their legal rights are protected.

Car Insurance

Car Insurance

Jan 10

When deciding to purchase car insurance online, it would greatly help to know and understand the pros and cons before actually purchasing one for better guarantee. With so many people choosing to purchase their car insurance online, it would help to be wary of how to find the right insurance company and the insurance coverage to choose.

First off, compared to traditional insurance agents, online insurance purchases can be done anytime. The convenience or 24-hour availability is what gives online insurance purchasing its big advantage. And, being comfortably available around the clock, asking questions and clearing some inquiries are faster and easier as well. The internet, being a hub of information, provides important information on car insurance and just about every insurance company have their own websites that provide information on various coverage and insurance information that could beneficially help you in purchasing car insurance.

Another advantage of purchasing online car insurance is that the processing of the application is faster, as long as all the necessary documents are given and printing the approved documents is available after the purchase. It also helps lower your expenses by skipping the middle and dealing directly with the insurance company.

What online car purchasers should look out for is that if they file a claim in an event of an accident, they have to be aware that they should do it on their own. Filing for a claim may seem easy, but it would be much better to have somebody else represent you in times of stress and legal troubles. IT would also help to be internet savvy as well as being well-informed about insurance policies, because although there are online agents that can help and assist you in your inquiries, it may require some effort in completing the information needed when filing for an insurance quote online.

According to some car accident lawyers, purchasing car insurance online is advantageous for people who are aware of what they really want and understand how online purchases work, but it is not for everyone. To get the best deals, a good suggestion would be to get insurance quotes for as many online insurance companies as you can and compare. This will present you with the best choices that would suit your needs and requirements.

Drunk Driving Defense

Drunk Driving Defense

Jan 09

There are various types of driving offences that a person can commit, and each of these offences has their own penalties and fines that, when found guilty, are required to be carried out. Different states in America has their own laws regarding driving offences, but generally when it comes to drunk driving or driving while intoxicated, the offence is viewed as criminal or may even end up as a felony charge.

Driving under the influence is among the several criminal offences that any regular driver can be put up against, and could often cost the offender their driver’s license, incarceration, and higher insurance coverage. Knowing how you can protect yourself by having a reliable lawyer with a strong drunk driving defense on your side could be the only way to protect you from future issues of police records, employments, and other things that DUI can affect you.

Because bring charged with DUI can have a drastic effect on your life and finances (particularly if you have been falsely accused), finding a good criminal lawyer to help you with your drunk driving defense is essential in order to keep your records clean.  There are many defenses that can be used in order to prove innocence against a DUI charge.

For a criminal lawyer to help, they first check if you were read your rights when the DUI arrest was made, or if the arresting officer followed the proper and necessary procedure and regulations pertaining to the arrest. Another matter to look into is whether the breath and BAC level tests were executed properly by the officer doing the arrest. It is also important to check if these equipment used were correctly calibrated and working right to ensure the results are valid.

Simple technicalities are what can make DUI arrest dismissed, therefore it would help you have these checklist done as your drunk driving defense. Talking with your criminal lawyer is beneficial to guarantee that each side of your case is covered fully and that you have a strong case against the DUI charge in order to avoid it troubling you in the future.

Employment Disputes

Employment Disputes

Jan 07

Labor or employment disputes are controversies that occur between an employer and an employee regarding the terms of employment, benefits, wages, tenure, and hours of work. These controversies often result to personal grievances that could be grounds for a lawsuit. Among the many types of employment disputes, overtime disputes and sexual harassment in the workplace are very common.

Sexual harassment is discrimination based on sex, regardless whether male or female. There are basically two types of sexual harassment: first is the “quid pro quo” type where someone of higher position offers added benefits in exchange for sexual favors or threatens firing or downgrading the employee for refusing such sexual favors, and the second type is the “hostile work environment” type of discrimination where an employee is the target of unwanted behaviors, insinuations, and advances from higher-ups or fellow employees which could result to in a toxic or unhealthy working environment. Not all sexual harassment cases are females, this can also occur to males. Sexual harassment can happen to anyone, any gender, as long as the discrimination is based solely on the employee’s gender.

On the other hand, a fast and rising employment dispute is overtime dispute. According to the overtime rules of the FairPay approved and implemented by the Department of Labor, any worker who are earning about $455 per week (equivalent to about $23, 660 per year) are qualified for overtime pay. Based on the rules of the FairPay, hours worked after the required 40-hour workweek will be counted as overtime hours and qualified employees are entitled for overtime pay. Most overtime disputes occur because of the employer’s refusal to pay for the overtime worked, or that the pay is not in accordance to the FairPay rules. If you believe you haven’t been justly compensated for your work, contact an overtime lawyer today.

Employment disputes can be prevented if the employee knows what their rights are and knows how to assert them in the workplace. For those who have suffered such workplace discrimination or have been denied of their overtime pay, it would be best to consult a lawyer regarding these issues to assess the issue and determine if there is a probable cause for a lawsuit.