July 31, 2008
Despite the number of different types and style of automobile out in the market nowadays, still we rely on one type of conveyance when we are in a hurry and do not want to be stocked up in the middle of the traffic for hours. In times like these, we can always rely on train.
Train is considered as one of the popular means of transportation. Nowadays, because of the advanced age and modern technology, train services were also updated. They are generally regarded as a swifter and faster means of transportation other than buses and cars. Besides, train stations have good and modern facilities.
But, despite this, accidents involving trains still occur and although they seldom happen, . train accidents are mostly catastrophic and disastrous.
In a legal blog entitled “Guaranteed right of victims in train accident” posted on July 11, 2008, related a train accident that killed 11 people and injured 180 others.
What happened is just an indication that trains are not that safe as what other believe and we can be involved in a train accident unpredictably.
With the high possibility for any one of us to be involved in this kind of incident, it is important to know that we can file a legal claim for damages and other monetary benefits against the person or entity responsible for the incident. Such right is granted to us under the federal laws and other liability statutes.
July 29, 2008
As the saying goes, “what your mind can conceive your body can achieve” may happen in its reverse. There are times when you feel you can do a certain thing but your mind is already giving up especially when you are stressed and tired.
This is what happened in a recent bus accident, which became the issue in the legal blog entitled “What went wrong in a Bus Accident?”
The authorities revealed that the bus accident was due to the bus swerving off the road. They cannot believe that this kind of incident will occur considering the fact that the driver is a skilled one. He enrolled in different training in driving and even attended special driving lesson before he was given a license to drive.
With his kind of expertise, the author of said the blog is considering fatigue as the result of the incident.
Well, this could have been the reason. We cannot deny his expertise in driving. There could have been a deeper reason for this accident and I cannot think on other reason that fatigue or stress.
There are times that we take for granted the importance of a good sleep and rest. This is so important, and no matter how our physical being is eager to do something if our mind does not want to cooperate, it is temporarily stocked up we cannot do anything about it. Moreover, if we pursue to do it despite what we feel, accident may happen, as in this case.
Therefore, we should not deprive ourselves of a good sleep to regain our lost energy.
July 18, 2008
Dog bite is dangerous more than what other people think it is. It can even kill you especially if the dog that bites you has rabies. That is why dog owners are required to take good care of their pets especially in public places to prevent it from hurting other people.
In a legal blog I read entitled “Who should be blamed when you are bitten by a Dog?” discussed the consequences that the owner has to deal when his/her dog bites a person.
In this kind of incident, the owner of the dog can be sued for damages and other monetary benefits. The basis of their liability is negligence in taking care of their pets. If they only exercise proper care and training of their pets such incident could have been avoided.
However, not all dog bite injury incident are compensable. There are times when the liability of the owner is mitigated because of contributory negligence of the victim.
In a number of similar cases I encounter, almost all are decided against the pet owner. This will only show that the owners are negligent in taking care of their pets. I just think that it is the right time to amend our laws regarding dog bite injury. I think it is just right to increase the penalty so that dog owners are obliged to follow the proper ways of raising a dog.
July 16, 2008
With our busy schedules, sometimes we want to be in any place at the fastest way possible. In order to do this, we avoid driving through busy streets and get stalled in traffic. Hence, for someone who wants uninterrupted travel, riding trains is a good option.
But riding trains is not as safe as what other think. Statistics show that a number of train accidents happen annually and the result is tragic.
In a legal blog, entitled “Guaranteed Rights of Victims in Train Accident” relayed the conviction of the defendant in a train accident that caused the death of a number of individual. This case is one of the indications that train accident has dreadful result.
Sometimes we tend to ignore the statistics of this kind of incident because we want to arrive on time with our appointments. Riding on the train is one of the possible ways to do it. With train, we do not experience traffic and other cause of delay in our streets. However, we cannot still deny the fact that we are not that safe while on board on the train.
If you suffered an injury because of a train accident, you can file a legal action for damages. This right is provided by law to compensate any loss the victim has suffered.
July 12, 2008
Workers compensation claim arises when an employee suffers an injury because of his work. This type of insurance is usually paid by the employer for the benefit of its employee. However, not all injury sustained are not compensable under this law.
The legal blog entitled “Two to Function” discusses an employee’s claim under the workers compensation law for an injury suffered in a car accident. In this case, the employee, a woman argues that her disfigured breast implant is covered by the workers compensation law because the implant is a prosthetic device that functions as part of the body. The court ruled in her favor but order to remand the case to the commission for further determination of the issues.
In a number of cases having similar issues that I encountered, one of the common problems is that the injury suffered by the plaintiff is not covered by the workers compensation law. As defined by law, only injuries sustained while at work, or during the performance of one’s work and therefore work-related are the only injuries recoverable through workers compensation claim.
I think it is time for the legislators to clarify this issue and give a clear outline as to the extent of its coverage.
With the case mentioned, I just hope that they will make certain clarification whether prosthetics is covered by the law. This issue needs immediate clarification because nowadays prosthetics and other scientific way to look good are popular especially among women. It becomes hard to distinguish real from unreal.
