Geaux Show

Stay and Watch

Comparative vs Contributory Negligence : Who Is At Fault During An Accident ?

Posted by on Jun 15, 2016

During car accidents, it is the job of a judge to determine who is at fault in case of injuries or deaths. It is but fair to make someone liable for accidents in order to determine who will shoulder the cost. Determining liability can be easy if only one person is to be blamed. But if there is more than driver who caused the accident, everything will depend on the state where the crash happened.

When it comes to determining fault in a car accident, negligence can either be comparative or contributory. According to the website of the Law Offices of Yvonne M. Fraser, 13 states are adopting the comparative negligence rule. Under this system, the plaintiff may still be able to collect damages even if they were partially to blame for the accident. Depending on the action that contributed to the accident, the cost of damages that the plaintiff may be able to collect will be greatly reduced. The level of fault will be compared and the amount of damage will be based on their contribution to the fault.

Comparative negligence can be further divided into modified comparative negligence – 51% rule and modified comparative negligence – 50% rule. There are 33 states that follow the modified comparative negligence rule and from that number, 21 states adopt the modified comparative negligence – 51% rule.Under this system, the plaintiff can only collect damages if their level of fault is not more than 51%. On the other hand, the 12 remaining states adopting comparative negligence adopt the modified comparative negligence – 50% rule. This means that if the plaintiff is responsible for half of the fault, they will not be entitled to receive damages from the accident.

In contributory negligence, if the plaintiff was partially responsible for the accident, they would not be entitled to receive any damages from the accident. Suppose the Car A collided with Car B and the crash resulted to the injury of the driver of Car A who partially caused the accident, Car A’s driver will not receive any damages since he had a contribution to the accident. Only four states and District of Columbia adopt the pure contributory negligence rule.

Read More

Scaffolding Collapse Dangers

Posted by on Feb 5, 2016

The US Department of Labor knows how risky working in a construction site can be. All the sharp and heavy tools and machinery, hazardous substances, greasy and dusty surroundings, electrical wires extending from one working area to another, jobs that need to be done on top of stairs, ladders or scaffolds, uneven floors, and so forth; any of these can cause accidents and injuries which may end either a worker’s career or life. According to the US Department of Labor’s Bureau of Labor Statistics, the number of work-related accidents and illnesses are also always higher in construction sites than in any other type of working environment, and that the identified top four causes of injuries are falls, electrocution, getting caught-in-between, and being struck (by a construction equipment or vehicle, or by a falling object).

According to the website of Williams Kherkher, all types of working environments should be kept healthy and safe for all workers/employees. This duty of ensuring safety and health in the workplace is placed by the Occupational Safety and Health Administration (OSHA) under the care of employers. Due to this, employers should make sure that they hire only qualified employees, that all employees are trained on how to keep their workplace safe and about the use/operation of dangerous tools and hazardous substances, that standard safety equipment can be found in designated places, and that employees are provided with safety gears and that these are properly worn in work areas.

The Occupational Safety and Health Administration (OSHA) is the branch of the federal government that enforces the healthy and safe workplace rule. It also sets standards on the proper use construction equipment and tools to ensure the safety of workers in general. One example of these standards is the 1971 regulation on the requirements regarding the use of scaffolds.

Scaffolds are provisional work platforms used in construction work. These provide support for the workers and the materials they will use. Some scaffolds are self-supporting, meaning these are firmly supported by poles or frames solidly positioned on the ground; others are called “suspension” scaffolds since these are supported with pulleys and ropes from overhead. Whether built from the ground or suspended from overhead, the greatest danger facing workers is scaffolding collapse, a consequence of scaffolds not properly assembled or if the number of workers and the weight of materials on the scaffold are too much for it to support. For added worker support, OSHA also requires the incorporation of guardrails to which workers can hold onto in cases of slips.

Despite the rules, training on safety, and personal duty to observe safety measures, accidents still occur, often with debilitating effects on the worker. If a scaffold collapses due to the incompetence or negligence of someone, even of an employer, the injured worker can either, under certain conditions, file a civil lawsuit against his or her employer or seek compensation with the Workers’ Compensation insurance program but will have to waive his or her right of suing his or her employer.

Read More

Car Insurance Claim

Posted by on Nov 1, 2015

Having your vehicle vandalized can undoubtedly cause an issue that is very big. According to www.insureonthespotservices.com, vandalism may come in many varieties, including damaged windows and mirrors, broken lights, graffiti or keyed in scrapes, and slashed tired. It is crucial to recognize the steps that are essential to consider so as to offset the issues due to someone else’s deliberate damage to your own property. Yet, submitting an automobile insurance claim can be rather boring. Keep in mind the following tips to ensure the procedure can as convenient for you as possible.

First, upon viewing your car vandalized contact the police. Most car insurance companies will require that the claim is gone with by a police report you document. The earlier you report to functionaries, the faster it is possible to get your auto insurance claim to be pursued by the required documents. In the event that you observe any injury to your car, call a police officer immediately and record the event without hesitation. Sometimes, your quick reporting also can assist policemen catch the perpetrator earlier.

Another important suggestion to bear in mind is always to document the damage done to your vehicle. Take pictures of the way your car was vandalized so they can be submitted by you alongside your auto insurance claim. It is also possible to contain that to supply a point-of-reference to your insurer, in case you have pretty current images of your vehicle before the vandalism incident.

Finally, remember to get hold of your insurance carrier when you’re done reporting the vandalism to the police. Having an all-inclusive coverage, you may rest assured that the vehicle’s repairs will probably be properly covered with no issue. To formally record your claim, you’re going to have to provide pertinent advice to your insurance provider. This can contain details like after the vandalism and the full description of the model, updates, and even recent fixes of your vehicle and where your car was located before.

Read More

Negative Effects of Depakote

Posted by on Oct 31, 2015

For those who have even gotten on a commercial plane, among the very first things they are going to let you know that in the event of a cabin decompression, you must place on your oxygen mask first before helping your child. It is because if you should be disabled, you may be unable to help anyone efficiently. The same is true in the instance that you need to be mindful of your mental as well as physical health before you can begin taking care of your kids.

It can be very hard to work normally, should you are afflicted with migraine headaches, or epilepsy, bipolar disorder. Thankfully, there are anti-seizure and mood-stabilizing drugs which will help control the symptoms of these medical conditions. Certainly one of these is for example Depakote (valproate), for epileptic seizures and migraine down the road, as well as that has been accepted by the FDA for the treatment of bipolar disorder in 1983.

According to the site, www.williamskherkher.com/practice-areas/defective-pharmaceuticals/depakote-lawsuit/, this warning is all well and good for women who are pregnant or planning to conceive, but as stated by the site, several girls on the medication usually are not even aware they are pregnant till it is too late. It’s definitely much too late for mothers people and kids who are already living together with the implications of these side effects.

If you’re one of the ones that are unlucky. you may be eligible for financial settlement from the manufacturer. Sadly, women that simply take with Depakote during their maternity risk reduced cognitive development in their own kids.

A connection between certain birth defects like cleft palette and additional digits (polydactyl) had already been established, but it was only in 2011 the US Food and Drug Administration had enough information to concern a notice that it can adversely impact a child’s mental development. Depakote is presently a Pregnancy class D, but you can find indicators it will be re-categorized as X, meaning the risk of damage to the fetus outweighs the potential advantages of the medicine.

Read More

Child Custody

Posted by on Oct 30, 2015

The divorce rate in the US is quite high, which means that visitation and custody problems can also be common. About one million children are affected by divorce each year, and children who are born in 2013 would function as the focus of custody proceedings before they are 18.

In an effort to to maintain the best interest of the youngster, the Uniform Child-Custody Jurisdiction and Enforcement Act was suggested, which is intended to help it to be easier to enforce deals even when beyond the state where the divorce was given. However, just 25 have introduced it, including TX, therefore, the work is unable to serve as a foundation for inducing conformity, if the originating condition is not in conformity.

This can be an issue in the event the divorce was controversial, and visitation privileges and child-custody are being challenged despite the determination of the court. A post on the site of Arenson Law Group, PC highlights the necessity to know adult rights in regards to child custody problems, notably if is an issue of parental kidnapping that might not be easy to establish outside the granting condition. Knowing these situations can greatly help in dealing with them.

Exacerbating the divorce rate is the fact that American society is extremely nomadic. It is not uncommon that after a divorce, both parents or one may relocate to some other state to get a fresh start. This has impacts for child-custody and visitation agreements not just as it makes it more challenging for the non-custodial parent but also because states aren’t necessarily in a mutual enforcement of another state’s custody and visitation arrangements.It makes it more difficult to ascertain the best interest of the child when parents are separated.

Read More

Dangerous Properties

Posted by on Oct 29, 2015

Slip and fall injury is among the top causes of severe injuries in the United States of America Centered on information sourced from the National Safety Council (NSC) Injury Facts, more than 8 thousand victims of this sort of injury are filed every year.

Sadly, several people lack concern and do not seek to fix the problem – to be certain that everything is safe. If they don’t wish to clean up things for others’ sake, after that, at least, they ought to get rid of any danger because of their very own safety. Constantly, the casualty of such lack of neglect, carelessness or problem, is a person who is completely unaware of a possible slip or trip hazard.
Injuries resulting from a fall and slip injury are called personal injuries. Under the law, the party or the person responsible for the injury is the landowner. So, owners should be constantly aware that after a fall due to their neglect, a state suit will certainly follow.

According to the Consumer Product Safety Commission (CPSC), a number of the most significant after effects of a slip-and-fall accident are hip fractures, torn muscles and tendons, knee injury and broken bones (hand and/or knee). Those who are most susceptible to it are individuals at least 55 years old. Though it might just be an easy injury to several, it’s sufficient to change an aged victim’s life, creating him/her incapable of enjoying additional years filled with rewarding activities.

As stated by the website of the The Benton Law Firm, slip-and-fall accidents may occur on any hazardous property, that is, where you can find trip risks which are not apparent, open wires, found metal or wood pegs, unnecessary mess, no warning signs, especially on damp surfaces, uneven floors or walkway, moss-filled floors, insufficient light along paths, unstable surfaces, no railings or guardrails, exposed cables, etc. It can happen in hospitals, in a church, inside a shopping center or a restaurant, swimming pool, in the office – virtually, anywhere, where the owner of a premise is irresponsible or careless enough as to allow injury-causing elements to remain in his or her region of responsibility.

Read More

Common Causes of Car Accidents

Posted by on Oct 28, 2015

As data in the United States Census Bureau indicate, motor vehicle collisions are occurring over the US all within an alarming regularity. Based on the authority’s reports, on average 10.6 million injuries were documented yearly during 2004 up to 2009. For every year in this 6-yr span, an overpowering variety of accidents happen on routes and main roads throughout the nation. While a good number of those reported incidents merely directed to mild crashes, some also resulted in absolute wreckages that caused serious injuries and deaths.

There are various factors that cause these devastating car accidents. Danville car accident lawyers would probably tell you that automobile accidents are generally caused by driver error, speeding, reckless driving, mechanical flaws, road dangers, and drinking and driving. Many of these incidents significantly influence those that are overpowered by the automobiles on the road, including pedestrians and cyclists.

A rollover injury is a particularly harmful situation. Common to SUV and 4 -wheel drives, automobiles that fall to the side because of imbalance or turnover can cause quite serious injuries such as brain trauma and spinal cord injury. It is essential to learn more about such situations and be mindful of the fact that the conditions which guide to such accidents can be further aggravated by particular variables. Blockages and street defects may cause SUV drivers disrupting the equilibrium of the car, to swerve or make abrupt turns.

Car accidents are easily among the most traumatic events that a person can face. The fact that it could happen at any moment while performing an action that is so ingrained in many people’s lives makes the occurrence of such accidents a lot more alarming.

Read More

Construction Injuries

Posted by on Oct 27, 2015

Construction site injuries are a number of the most common forms of work-place injuries because of the nature of the work being completed. Based on the site of Hach & Rose, LLP, contractors and construction businesses are legally responsible for ensuring a secure working environment that includes appropriate instruction and enforced security precautions on the work site. These federal safety requirements governed and are required by the Occupational Safety and Health Administration.

Financial and mental burden is placed on such an employee and their family when a workplace injury occurs. It’s important to claim worker’s compensation to get repayment for any lost wages or medical costs related to an injury on the job site. Next- party companies, property owners, or equipment makers may also be responsible for injuries and accountable for for particular work-place harms.

Short-term impairment can and must be maintained when somebody is eliminated from work because of a construction accident. Most workers’ compensation should comprise incomplete compensation for wages dropped during this time. In the event the trauma is serious enough to never to be fully recovered from, permanent impairment could be asserted.

Read More

When to use Self Storage

Posted by on Oct 26, 2015

Most people think that personal storage is only for people who have an excessive amount of stuff. Space is a premium in the home so it’s a fact that lots of people use self-storage units to help keep the things they do not want but merely cannot sell, give, or toss away. Yet, there are several other factors why you might want personal storage that won’t make you a candidate for the television series “Hoarders.”

Relocating

You may be relocating. When you are going between different spots it is necessary to keep your material in storage, especially if it’s interstate. You deliver and can package so that you only have to be concerned about the requirements on moving day that you don’t immediately need in advance. You may also avoid the stress of stumbling over boxes of non-essentials taking up space. You can take your time unpacking and arranging everything before you bring in the rest.

Traveling

You might be out of town for a protracted interval. Your projects might take you abroad for a number of months, but provide your items with you or you don’t want to maintain paying rent. It will probably benefit you economically to store your items in a unit. Until you come back, it is possible to set the contents of your home in safe-keeping. Based on the website of Mopac self storage, you can make sure that your items will be safe and in great shape by the time you’re willing to get them back.

Probate

You might need to keep items safe until probate is finished with. The home is often divided among household members according to express inheritance guidelines or a will when someone dies. Nevertheless, prior to the house is paid to the rightful owner, it has to go through court. Several executors of an estate may transfer valuable things such as interval furniture or precious paintings into personal storage to prevent anybody from acquiring them prematurely.

Read More

Dangerous Power Lines

Posted by on Oct 26, 2015

Power lines are maintained by various bureaus of the state and are put-up, so it might be difficult to discover who to go after when they cause injuries and even death. According to the site of http://www.cazayouxewinglaw.com/, a productive personal injuries or wrongful-death claim against public agencies requires strong evidence of carelessness that their activities were foolish, and on the area that the bureau were the direct reason for the trauma.

There are a number of variables that will help ascertain whether the activities of the public agency were not diligent. Some things that personal injury attorneys looking for are:

  • The height of the power-lines from the ground
  • Forewarning and additional caution signs posted nearby the power lines (or lack thereof)
  • Voltage in the lines
  • The space of the power-lines from buildings that are surrounding
  • The power lines is in conformity with all the safety codes that are nearby

Because of the complex character of personal injury claims against public agencies, it is almost always necessary to hire a personal injury attorney who focus on these kinds of cases. It really is also advised to consult with lawyers who understand the regulations in your state, and that have expertise in handling with community agencies.

There could be cases where a 3rd party (such as another individual) or natural states/disasters causes the power lines to eventually become harmful. Even in these situations, the public agency in charge of keeping the power lines can nevertheless be held liable if they neglected despite understanding about it, to repair the situation that was dangerous. The public agency will only reduce any liability when their actions, in their very own volition, caused the victim’s injuries, or when they acted unreasonably which lead to their traumas.

Read More