On the morning of January 29, 2013, an 89-year old resident of a nursing home in Minnesota confided to her daughter the sexual abuse committed against her the night before. The abuser was one of the male workers in their nursing home facility. Though the daughter reported the incidence of abuse immediately, it still took 10 days before the Department of Health initiated an investigation.
The 30-year old male nurse aid accused of the crime admitted to having sex with the elderly resident but, according to the nursing home’s clinical services director, the act was consensual and that the accuser even flirted mercilessly with the male employee prior to the sexual act. It took about four days before the victim was medically examined for evidence of rape; results showed that she was badly injured.
Widespread media coverage of nursing home abuses sends two chilling realities: that these are true and happen much mor most humiliating and insulting e often than anyone can imagine; and, residents both the old and the sick, despite being weak and defenseless are still being taken advantage of by abusive individuals.
Though more acts of abuses are now being uncovered and abusers brought to justice, it just cannot be denied that many of these abuses are totally shameful acts. Worse, most of these are committed by nursing home employees themselves, by nurses or certified nursing assistants.
Some forms of abuses in nursing homes are physical, emotional, financial and sexual, which is the most humiliating and insulting, but the least type of abuse reported. Elder sexual abuse, for clarity’s sake, is physical or sexual contact with an elderly person, this contact being non-consensual or unwanted. This includes making contact with a confused elderly person or with one who is unable to give consent.
The signs of sexual abuse include bruising; blood, stains, or rips in undergarments; sudden trouble standing, sitting, or walking; newly discovered sexually transmitted diseases; pain or injury in pelvic areas; and, inappropriate or atypical behavior. It is not easy to detect signs of sexual abuse; victims also very rarely confide with anyone about the abuse committed against them due either to fear or shame. Often, it is up to family members to make sure that their loved one is not a victim of any type of abuse or neglect.
As explained by a Chicago nursing home sex abuse lawyer of Karlin, Fleisher & Falkenberg, “allegations of sexual abuse are serious and will need to be duly investigated by the appropriate authorities. That being said, family members need to take immediate action to protect their loved one if they suspect that he or she has experienced unwanted or otherwise non-consensual sexual contact.”
One of the most accident prone areas for a worker to be in is the construction site. The OSHA requires employers to put in place safety measures and provide their workers with a hazard free workplace. Figures from the Occupational Safety and Health Administration revealed that 20.3% of 3,929 worker fatalities in 2013 came from the construction industry. In addition, the Bureau of Labor Statistics reported 775 deaths in construction sites in 2012, representing 19.6 percent of all workplace deaths that year.
There are many factors that can contribute to construction accidents and deaths. Falls still remains as the most common cause of death for construction workers. The OSHA revealed that there were a total of 278 deaths due to falls in 2012. This accounted for 36 percent of all construction industry related deaths. In addition, ten percent of fatalities at construction sites were due to being struck by objects. Being caught-in-between was also another common cause cited by the OSHA report for 2012.
Finally, the third most common cause of death in construction sites was electrocution, which accounted for 9 percent of all deaths in the construction site. Other causes of construction site deaths include musculoskeletal disorders, motor vehicle accidents, and others. According to the website of Clawson and Staubes, LLC : Injury Group, construction accidents is associated with costly medical expenses, lost income, and difficult decisions.
Construction site accidents happen because their employers violated current safety standards. It is the job of the employer to warn their workers about the hazards they face in their workplace and that they should see to it that they follow the safety policies that are in place for their own good. If you or someone else had been hurt in the construction site, you can make your employer liable for the accident and recover damages in the process.
Seventy five percent of the earth is composed of water. For this reason, many people enjoy ridding jet skis in different beaches. These water vessels are easy to operate and offer enjoyment to the user especially during the warm months. While they are supposed to be fun and exciting, all that can disappear due to the carelessness and negligence of other owners. According to the a 2013 report by the U.S. Coast Guard, jet ski accidents accounted for 601 injuries and 36 fatalities.
Jet skis and other recreational boats do not have brakes and everything depends on the user’s ability to reduce the throttle, thrust the engine, or change direction. According to the website of the Bruner Law Firm, jet ski accidents are often tragic which could lead to serious injuries or deaths. In order to recover damages in a jet ski accident, you first need to determine liability.
This is the most common cause of jet ski accidents. Most crashes happen due to inexperience, intoxication, or miscalculation. The case results to a victory if the plaintiff can prove that the defendant showed recklessness or did not take the proper precautions to avoid the accident.
Another common cause of jet ski accident is product defects or malfunctions. If the plaintiff can prove that the accident was a direct result of malfunctions or defects, they might be able to recover damages. In recent years, manufacturers such as Kawasaki have faced lawsuits for defects that pose a risk to other riders. Likewise, some cases were due to the failure of the manufacturer to warn riders about the dangers of the product.
Rental Company Liability
Liability may also be placed on rental companies. Riders are made to sign indemnity waivers before they are allowed to use the jet skis. But still they can be held liable for damages if it can be proven that they failed to properly maintain their equipment.
The devastating nature of jet ski accidents can result to huge losses for the family of the plaintiff. Seeking damages is the best way they can cope with the loss.
There comes a time in a person’s life when they may be unable to care for themselves and live independently. They usually turn to their family and loved ones for a solution. This is why you find many households where the grandma or grandpa lives with their child and grandchildren. But what if moving in with a loved one isn’t possible? Nursing homes are a great alternative whenever an individual of older age needs constant care that their family can’t commit to providing due to work or other circumstances in their own life.
Nursing homes are seen as a solution, a place where the burden of constantly worrying about the safety of an older relative can be alleviated. Families move older relatives into a nursing home blindly trusting that the staff will take care of their loved one’s physical and emotional needs. Unfortunately, there are many cases of nursing home staff being neglectful and cruel to residents. According to the Cazayoux Ewing Law Firm, this kind of mistreatment can come in many forms and unfortunately, some forms of abuse are hard to spot. According to the National Center on Elder Abuse, approximately 10% of nursing home residents suffer abuse.
The effects of nursing home abuse can vary from emotionally damaging to altering the individual’s health or life. For example, if a resident’s medicine is distributed incorrectly, they could suffer severe medical consequences or even death. On the other hand, a person may not die from physical or sexual abuse, but the emotional trauma that surrounds those circumstances may be just as life-altering.
Nursing homes and their staff are under contract. This allows for staff to not only be held civilly liable, but also criminally liable in many cases. As the family member of a loved one who has undergone nursing home abuse, you should seek restitution for their suffering. Nursing homes are liable for their staff and how they behave at work. Do not let a staff member’s negligence alter your loved one’s health or emotional state.
According to the website of The Driscoll Firm, German automaker Volkswagen is under fierce criticism after authorities learned about an intricately designed software deliberately installed in the vehicle to modify the levels of pollutants in the exhaust to defeat an emissions test. Although the car company is yet to announce a fix on this issue, Volkswagen owners should expect a car recall any time in the near future.
But what happens when a car is recalled? In the U.S., a car recall is usually issued by the manufacturing company and the National Highway Traffic Safety Administration (NHTSA). A car is recalled if the NHTSA found defects that could threaten road safety. Typical defects include:
If your car is recalled, you will most probably receive communication through standard mail or email regarding its details. It is important to read all the details, especially about the defects and the possible threats associated with it. The letter would also tell you about instructions on how to handle the issue. In most cases, car owners will be told by the company to drop their car at a local dealership for a quick fix. These repairs are free of charge, so don’t hesitate to visit your dealer.
When you fail to have your car repaired when it is recalled, you are most likely driving a road hazard. Unfortunately, a faulty car may cause injurious accident that may take its toll not just on you, but also on your occupants and on anyone who shares the road with you.
Parole is a conditional release from imprisonment that is allowed to continue only if the parolee meets certain requirements. Unfortunately, the release conditions can be a long and confusing list that makes it easy to violate unintentionally. According to the website of Kohler Hart Powell, SC, there are a few main areas in which violations typically occur. It is important to be familiar with these areas of the law in order to not violate them.
Often it is required that the parolee must remain in a certain area for the duration of their parole. This can be restricted to the state, but is most often restricted to a particular city or county. Sometimes the borders can be unclear, and if a parolee leaves the area without the prior consent of their officer their parole can be revoked.
Meetings are almost always required of the parolee. These meetings allow the officer to see the parolee at regular intervals for evaluation. It is also a chance for the parolee to ask questions of the officer or request permission to leave the area for a time. If a scheduled meeting is missed, whether on purpose or due to illness or work, it can be grounds for revocation.
Lastly are the urinalyses. Parolees are almost always required to take ‘pee tests’ in order for the officer to know if they are abusing drugs. If a test is failed, the parole is nearly always terminated and the parolee must return to prison. Tests can be failed either by the presence of drugs in their systems, or from attempting to falsify a test by using someone else’s urine.
There can be many other conditions to paroles that are easily violated if not completely understood. Unfortunately, officers do not have to provide as much evidence to prove the violation of parole as they would have to provide to prove a crime.
Car accidents are unfortunately a common occurrence across the United States. As found by the United States Census Bureau, about 10.8 million motor vehicle accidents were reported in the year 2009 alone. In most of these cases, as the National Highway Traffic Safety Administration points out, about three fourths are caused by traffic violations and driver’s errors. Another common factor contributing to these numbers are dangerous road conditions caused by highway defects and poorly-maintained streets.
Highway defects and other dangerous road conditions can place drivers in a lot of risky situations that could lead to serious accidents. In these accidents, they also face the risk of serious injury that will undoubtedly leave devastating effects on their individual lives. According to Spiros Law, P.C., common highway defects include potholes, uneven payments, lack of important traffic signs, and lack of guardrails along the edge of the road. Other common highway hazards include shoulder drop-offs, water pooling, and hazards blocking the roadway.
Such highway defects and hazards can easily be avoided with proper road maintenance. The local government is held responsible for such duties and is in charge of making sure the roads meet safety protocols. In cases of accidents caused by dangerous road conditions, the government is typically free from any liability as long as they follow approved construction plans. As such, they might be exempt from paying victims their deserved compensation.
Victims have the legal option to seek out compensation for damages caused by injuries from highway accidents. As they point out, injuries from car accidents can really leave profound effects on an individual’s life. If you have been in a crash caused by dangerous road conditions and other highway hazards, you might be able to hold your local government accountable for the accident you experienced. It would be good to consult with the Mokaram Law Firm to learn your options.
Accidents can happen anywhere, even in the workplace. This is especially true for people working in high risk industries such as construction and transportation. According to the website of Scudder & Hedrick, PLLC, U.S. federal law, through the Occupational Safety and Health Act of 1970, mandates specific safety requirements that all employers must follow. However, such precautions still can’t fully prevent the instances of workplace injuries that happen in the country.
The Occupational Safety & Health Administration notes that there have been about 2.9 million cases of private industry workplace injuries in 2013. They also name the following as common causes for workplace injuries:
These scenarios and accidents can lead to a lot of injuries for workers. Depending on the specific scenario, these high-risk situations can lead to minor injuries such sprains, bruises, lacerations, contusions, and fractures; as well as more alarming injuries like burns, amputations, brain trauma, and spinal cord injuries.
If you have been injured in similar workplace scenarios described above, it’s important to know that you have options to help you cope with the long-term consequences. According to the website of Ravid and Associates, workers’ compensation benefits can help alleviate financial concerns that go with having to deal with a serious accident that can halt your ability to work. With the help of an experienced attorney, you can get assistance with filing your initial claim and making necessary appeals. A lawyer can also help you pursue the payment for your approved claim. Contact a qualified law professional to learn more about your options.
The probate process can be long and expensive. This is especially true in California, where the Probate Code has mandated a statutory fee for services rendered by the probate attorney. This fee is made up of a specific percentage of the value of assets going through the process. As such, beneficiaries might be burdened by financial constraints while they try to sort everything out. Thankfully, the law provides several options that could help ease the probate procedure.
California law has streamlined procedures that could allow inheritors to forgo the lengthy probate process altogether. These procedures can be accomplished through a simple affidavit or petition, and is especially meant for smaller estates or for inheritors that are surviving spouses or registered domestic partners
A surviving spouse or registered domestic partner can have inherited assets transferred to their own estate through a Spousal or Domestic Partner Property Petition. All one has to do is fill out several required forms have everything filed to the state probate court for approval. Remember to attach the Will to the petition to make sure the process goes through smoothly. Without a Will, there could be limits to which assets can be transferred to the surviving spouse or partner.
For smaller estates, the best avenue is to file an affidavit asking for transfer of personal property and assets. In California, this procedure is limited only for estates that are valued at no more than $150,000 or those with real estate with up to $50,000 in value. In these cases, all an inheritor has to do is create a short document that asserting their wish to transfer assets and have it signed under oath. The affidavit could take up to 2 to 6 months to process, depending on the type of assets and properties involved in the estate.
Even if these procedures are far simpler than the usual probate process, inheritors can still face a lot of hurdles if they expect to do everything on their own. It’s always best to seek out legal counsel in order to avoid any difficult scenarios. A Houston lawyer may be able to help you learn more about alternative legal options like the ones discussed here.
It’s an unfortunate reality that car accidents are a common occurrence in the United States. According to data from the United States Census Bureau, there were 10.8 million reported motor vehicle accidents in the year 2009. The road can pose plenty of risks for drivers. That’s why it’s important that drivers help keep the roads safe by following prescribed traffic rules and safety practices.
Traffic violations and offenses can lead to more than just fines and a court date. Drivers who are careless and negligent on the road can cause serious accidents and injuries. This is particularly true for those who insist on driving while drunk. As found by National Highway Traffic Safety Administration, alcohol-impaired driving happens too frequently in roads across the country. In fact, data shows that drunk driving has caused over 10,000 deaths in 2012. One way the government tries to curb these numbers is by stricter implementation of important traffic policies and regulations.
Among the policies that have been helpful in recent years are sobriety checkpoints established in several states across the country. Through checkpoints, the police can flag down drivers suspected of driving while under the influence (DUI) and driving while intoxicated (DWI). They can then check for the driver’s blood alcohol concentration (BAC) level usually through a breathalyzer test. Anyone found driving with a BAC level beyond what’s legally mandated could stand to face penalties such as jail time and license suspension. It’s illegal for private individuals to be driving with a BAC level above 0.08 percent. For commercial drivers, the legal BAC level is at 0.04. Meanwhile, anyone under the age of 21 is under a zero tolerance policy, meaning that they shouldn’t have any trace of alcohol in their system.
Drunk driving can lead to devastating consequences, especially when other people become seriously injured in the accident. As the website of Williams Kherkher puts it, such consequences are easy to avoid as long as drivers remain aware of their responsibility behind the wheel. If you have been injured in an accident caused by a drunk driver, know that you can take legal action and receive just compensation for the trauma you experienced. Because traffic laws differ from state to state, it’s best to consult with an attorney working in your area, such as Tennessee personal injury lawyers.