Personal Injury Alert!

Drowning is one of the most common causes of death for children under the age five. It can happen in a matter of seconds. Curiosity, rapidly changing skills and inability to comprehend peril place them at risk.

Summer is near and everyone heads back to the beaches or water parks. It is during summer that drowning incidents are high.

I came across a blog entitled, “Factors that Contribute to Drowning”. The blog laid down some factors that add to the frequency of drowning incidents. Like me, the author finds that drowning happens commonly to children.

To supplement such information, I have here lists of preventive measures to prevent drowning:

• Always supervise children and never leave them unattended
• If you have pools at home or house near a  body of water, provide barriers such as four sided isolation fencing, self closing or self latching doors and gates, automatic sliding door closets, door alarms, automatic pool covers, pool nets and  placing locks on doors out of the reach of children
• Do not entirely rely on floating devices to keep children safe from drowning
• Keep phone and emergency numbers either by the pool area or within reach
• Learn Cardio Pulmonary Resuscitation (CPR)
• Do not leave toys in the pool or spa that will attract children
• Keep climbable objects away from pool
• Orient babysitters and other family members on the hazards associated with pools and other potential water sources
• Have a “water watcher” whenever children are in or around the pool area.

Remember, adult supervision and guidance accompanied with proper knowledge and skills are the best way of prevention.

Drunk driving is one of the leading causes of road accidents everywhere. It has claimed millions of lives and has caused millions of families to suffer because of a death or injury of their loved ones.

California DUI Law prohibits a person from driving when they have a concentration of .08 percent or more alcohol in their blood system. Drunk driving penalties in are set forth by statute and can be incredibly complex. It has become stiffer throughout the years.

The sentence for drunk drivers depends on the penalty provided under the law taking into consideration the following enhancements:

• Refusal to surrender to chemical testing
• Presence of a child under 14 in the car
• previous conviction within 10 years
• Speeding 20 mph over the limit
• blood-alcohol reading over .15%

In addition to the penalty, license shall also be suspended.

State of California has strict drunk driving laws for drivers under the age of 21 with a blood alcohol concentration of .01% and a "no tolerance" law for drivers under the age of 18.

While the law provides for a stiffer and harsher penalty, drunk driving is prevalent not just in California but in any place.

Ultimately, the minimization of drunken driving incidents is all up to us especially to the drivers themselves. The government may enact laws with stiffest penalty possible but still drunk driving may exist. This only goes to show that prevention begins in us. 

 

Completion and acceptance  is a principle that frees design contractors or professionals from the hassles of liability as soon as it is turned over to a third party.

This is a concept that clearly violates good customer service and responsibility. In the first place, everyone has the duty to ensure the safety and usability of any product regardless of whether they are the first or third party. This is the right attitude that should be instilled in the minds and hearts of manufacturers.

The overturning of the decision of the King County Superior Court by the Washington State Supreme Court is not only a victory for Alan Davis but also for other wrongful death claimants. Completion and acceptance should not be used as an excuse for liability.

Alan Davis deserved to get the compensation that he deserves after his wrongful death claim scored a resounding victory. He was the income earner for his family before he was killed after being buried in several layers of pipe. This is likewise a stern warning to manufacturers and suppliers who will be using completion and acceptance in order not be held liable for any injuries or deaths.

Responsible manufacturers should see to it that the interest of the general public should be safeguarded regardless of whether or not there is a “completion and acceptance” doctrine. That is the legal thing to do. They should check and re-check to make sure that everything is in order before they turn over the product to a third party.

Besides, turning over a defective item is likewise a valid ground for product liability claims especially if it will cause injuries or death to the consumer like what happened to Davis.

Worker’s Compensation is the name given to a system of laws meant to protect injured workers. The goal is to make sure that somebody who is injured at work receives appropriate medical attention and care including the recovery of lost wages because of on-the-job injury, exclusively.  It can also include retraining and rehabilitation, to be able to return for work.   Members, who have been killed on the job, will entitle their families for benefits.

In this manner, I have read an interesting law blog with the title "Partial Workers’ Compensation Benefits for Partial Injury". The blog illuminate on the event that happened in an on-the-job car accident that causes damage to a plastic surgery, a breast implant. Actually, the blog called the report from the case that happened somewhere in North Carolina region.

The blog relate that in the case, the worker was unsuccessful in reaping full workers compensation claims rewards. These were due to the following reasons:

• Because her insurer contested, that only one implant was damaged from the accident. By that, the insurance company declined to pay for the replacement of her breast implants.
• In the same light, the court denied her claim of full compensation for her breast surgery since the damage on the other half was from another cause not on the job.

With waht had transpired in this case, I respectfully adhere with the findings of the court. In like manner, I accede to the insurance company’s denial or decline in paying for the replacement of her breast implants (both). I follow the same reasoning as the court has laid in its decision. I would just like to add that the fact that there was only partial injury that was caused by her work-related car accident is sufficient indication that full compensation cannot be awarded.

Driving at top speed in a major thoroughfare can be risky. Accidents may happen and lives can be lost. Not to mention, you can be liable for negligence.

Roads are not an individual’s property. Bear in mind that you share the highways and freeways with other vehicle owners. As such, you should see to it that you show them the proper courtesy that they deserve. After all, this is the reason why we have speed limits.

The principle of negligence applies to drivers as well. When you are driving on the road, you have the responsibility to ensure the safety of both drivers. At present, where life is fast-paced, there is no room for adventurism.

Getting involved in an accident can be a hassle. Of course, the other driver will not let you get away with your negligent act especially if you are the one who caused the accident. If the element of carelessness is very evident, you can be sued for damages and will be held liable for whatever transpired.

However, there are steps that you can ensure to reduce the number of accidents caused by high speed driving. One way of doing that is by following the required speed limit.

Another way of decreasing the likelihood of accidents is by being a responsible driver. Always follow traffic rules. Recognize right of way. Most importantly, avoid drinking while driving. In this way, you will prevent yourself from being apprehended by law.

Your driving skills are not measured by how fast you drive an automobile. The true measure of good driving skills is how well you follow traffic rules and practice road safety.