Proving Inadequate Security In Premises Liability Claims

When someone enters somebody else’s premises, there is always an assumption that has adequate security. Property owners are legally liable for ensuring the security of their tenants or guests. Unfortunately, many crimes and accidents have been caused by inadequate security. According to the website of Karlin, Fleisher & Falkenberg, LLC, crimes in premises can be prevented if only the owner took all the necessary security measures in securing their property.

There are different kinds of security measures that property owners can implement in their premises. The owner of a property can have control of what will happen to their guests while inside their premises. If they were aware of any security threats and did not do something to remove such, the property owner can be held liable if a guest or tenant gets injured while inside the premises. The Restatement of Courts states that the plaintiff should prove that their landlord failed in their duty of providing reasonable care to guests or tenants.

Inadequate security can happen in any property. Whether it’s in an apartment, parking lot, parking ramps, shops, banks, ATM machines and others, proper security measures must be in place for the sake of the guest. In proving inadequate security, the plaintiff needs to prove that they were physically present on the property of the owner and that there was a breach in the duty to provide reasonable security.

Foreseeability is another important issue when proving inadequate security. It is up to the court to determine whether there were similar crimes in the same property or whether the owner knew or should have been aware of it. Likewise, the court may determine whether the previous crimes were violent personal crimes or just property crimes.

Adequate security may vary from one case to another. In some states, property owners hire a security team to protect premises. Other security measures include installing lights, adding locks and corresponding duplicate keys.

How Product Liability Insurance Protects You

Getting a product liability insurance is important especially if you are engaged in manufacturing products. If someone gets injured or even dies from using your product, you could be held liable for damages. Without product liability, you could end up paying a huge sum of money. This is where your product liability insurance will kick in. The victims will hold you responsible for whatever losses that will result from the injury or damage so you can use your policy to pay off those claims and keep your business intact.

According to the website of Karlin, Fleisher & Falkenberg, there is always an assumption that the product is safe whenever the consumer buys them. As a manufacturer of products, you always have the dilemma of ensuring the safety of every product that you sell. In addition,you always vouch for the performance of your products and that they are free from defects, errors, or misrepresentations. The fact that you are selling them to the market means that it is safe for use. But somewhere along the way, something can go wrong and your product becomes defective and your business can get in serious jeopardy.

Your liability can come from three fronts namely manufacturing or production flaw, design defect, and defective warning or instruction. Victims will make you liable and may seek damages and compensation. Product liability claims can have varying cost so having an insurance can save you some expenses. The lawsuit may not only claim damages but will also include other costs as well such as medical expenses, loss income, grievance if the liabaility leads to death. For this reason, it really pays to protect your business with a product liability insurance. It will give you the peace of mind when emergencies such as lawsuits arise.

Pilot Intoxication

Many have a fear of flying. While today air travel is one of the fastest, most efficient, and safest modes of transportation, many are still aware of the anxiety inducing dangers this form of travel is associated with. Some do not share in this anxiety, and assume that everything will go smoothly in their flight. Regardless, both kinds of [passengers put their trust and their faith in the crew of the plane which holds their lives. The pilot in particular is expected to be fully alert, aware and focused so as to best prevent any accident that could occur. Unfortunately, there are times when a pilot is not at their best when performing this difficult task. Pilot intoxication is one of the most preventable causes of airplane accidents and should not be tolerated.

According to the website of the Jeff Sampson Law Firm, some federal laws that are in place to prevent pilot intoxication include:

  • Pilots may not consume any alcohol within eight hours of their flight
  • No crew member or pilot may be under the influence of any controlled substance
  • Crew members may not have a blood alcohol that exceeds 0.04

These strict laws are in place to provide clear guidelines so that pilots have no excuses to not be fully aware of the risk they are putting their passengers in should they choose to violate any of these rules.

Plane crashes are some of the greatest tragedies a family can suffer. In some cases these catastrophic losses are simply tragic accidents, which could not have been prevented. However, at times these crashes are due to the intoxication of the most trusted member of the crew: the pilot. In these cases, the victim or families of the victims of such an accident may be entitled to certain damages to help ease the financial burden of such a loss.

What is Complex Regional Pain Syndrome?

Complex Regional Pain Syndrome is a unique syndrome in which pain is experienced in a limb. There are two types of this ailment, and it typically results from a traumatic injury, surgery, or heart attack. There are numerable symptoms of Complex Regional Pain Syndrome, and a person should be treated immediately upon recognition of it.

Traumatic injuries resulting from a crushing accident, car accident, or amputations can onset Complex Regional Pain Syndrome. When detected, characteristics define which of two types the case falls under. Type one is when the injury hasn’t resulted in damage to the nerves. It can be referred to as sympathetic dystrophy syndrome, and is the leading type of those afflicted. Secondly, Type 2 is when nerves have been injured as a result of the accident.

Symptoms include pain, limited movement, weakness, swelling, or sensitivity. These effects can subside without medication, however they can also persist for long amounts of time. If the pain does not go away, seeking medical attention is imperative to prevent further complications. If untreated, the injured can develop atrophy or contracture. Atrophy occurs when the body has weakened to the point where movement is limited, and contracture consists of the muscles tightening so much so to where muscles settle in a fixed, contracted position.

To treat Complex Regional Pain Syndrome, doctors can prescribe medicine or suggest therapies. Possible medicines are pain relievers, anti-depressants, or bone-loss medicines. Furthermore, patients can undergo physical therapy, spinal cord stimulation, or can utilize topical analgesics.

The website of Crowe & Mulvey, LLP, notes the injustice of a preventable injury. If involved in an accident in which another person’s negligence has resulted in your injury, you may be eligible for financial compensation.

Workers’ Compensation

A construction site is among the most dangerous types of working environments due to the dangerous tools, hazardous substances and huge equipment that workers will have to use and/or operate daily. A simple mistake in operation or any form of mishandling can result to severe injuries or an illness that can prove deadly.

The Occupational Safety and Health Act (also called OSH Act), which was enacted by the US Congress in 1970, paved the way for the formation of the Occupational Safety and Health Administration or OSHA in 1971. OSHA was formed to ensure the strict implement OSH Act’s mandates, which were primarily for the assurance of a safe and healthy working environment for all workers, regardless of their job.

Despite the safety measures, though, accidents still occur, leaving the injured worker (at times) financially crippled. It was to save the injured employee from this financial hardship that the Workers’ Compensation Insurance benefit was required of employers to provide for their employees.

In cases of injuries, the Workers’ Comp is designed to cover lost wages, cost of medical treatment, rehabilitation, disability and death. Since the this benefit is intended as an immediate financial assistance to injured workers, a claims lawsuit need not be filed; the benefit can also be availed no matter whose fault the accident is.

Many workers are denied of their application due to the many and often confusing forms and documents that need to be prepared and submitted within the statutory time allotted for it. This makes it quite necessary for the injured victim to seek the help of a personal injury lawyer who also has extensive knowledge on Workers’ Compensation laws and experience in lawsuits concerning this issue. Through the help of a competent lawyer, the victim has greater chances of having his/her application approved and probably even within a shorter time. A San Diego personal injury lawyer is more likely to know exactly what kind of paperwork is required and when during these kinds of filings than the average person.

Types of Explosion Injuries

Explosion injuries typically present unique problems for emergency medical personnel, mostly because it rarely occurs and encompasses a whole range of injuries. There are four types of explosion injuries, and an individual can suffer all four of them if they happen to be in the wrong place at the wrong time.

Primary

Injuries that result from the initial percussive shock wave are called primary injuries. Pressure and duration being equal, the nearer an individual is from the point of an explosion’s origin, the more massive the damage. The most commonly affected parts of the human anatomy by the sudden overpressure are the ears, lungs, stomach, and intestines. External damage is not often observable, but there are significant internal injuries. Most people injured in an explosion but who get out alive die shortly after from the effects of primary injuries.

Secondary

Secondary injuries refer to shrapnel and debris produced from the destruction of objects by the force of an explosion. These materials are propelled at great speed and distances, and can result in penetrating injuries. A majority of injuries resulting from an explosion are secondary in nature, because it has a wider range.

Tertiary

Aside from objects, the force of an explosion can also throw people a considerable distance, depending on the size of the explosion and the proximity of the individual. These injuries can result in blunt force trauma i.e. thrown against a wall or penetrating damage. Children are particularly vulnerable because of their lesser weight.

Quaternary

This is the “miscellaneous” of the bunch. These include injuries that cannot be classified under the other three types such as psychiatric damage. Post-traumatic stress disorder is a common quaternary explosion injury.

If you sustained any type of injury from an explosion accident that could have been prevented but for the negligence of a third party, you may be able to get compensation for what you have suffered. Contact a personal injury lawyer in your area for an initial consultation.