Premises Liability: Slip and Fall Accidents

Information from the National Safety Council (NSC) Injury Facts for 2011 shows more than 8 million cases of slip and fall accidents in the US every year. It should have been easy to dismiss this report if not for the fact that this same accident has also been identified as one of the most common causes of serious injuries among people aged 55 and older.

Though slips and falls can be easily deemed as simple accidents, these, however, they often end in serious results that are enough to render elderly victims incapable of enjoying an active life again. And while one may suppose that these only happen in dangerous areas, better think again because reports also show that most of these accidents occur in places where people frequently go to (and never expect to suffer this accident), like malls, restaurants, hospitals, churches, offices, resorts (beside pool areas), museums, parks, a relative or a friend’s house, and so forth. (Statistics from the UD Department of Labor also shows that slip and fall accidents are, presently, the most common causes of injuries in working environments).

Some of the typical causes of slip and fall accidents include slippery floors, moss-covered floors, uneven floors or walkways, exposed wires, uncovered metal or wooden pegs, lack of warning signs on wet floorings, unnecessary mess, lack of railings or guardrails, inadequate lighting along walkways, and places where there are non-noticeable trip hazards. The most common types of serious injuries suffered by victims on the other hand, include hip fracture, broken wrist or elbow, knee injury, torn muscle and ligament, injury to the head or neck, back injury, etc.

So many cases of slip and fall accidents have been blamed on the owner of the property (where the accidents occurred) rather than on the victim, on the assumption that the victim has acted carelessly. The mere fact that a property owner failed to place a warning sign (such as slippery or wet floor or uneven flooring) at an area of his/her place of responsibility which may be prone to slip and fall accidents, such can be enough to render him/her liable for any injury in case of an accident.

Failure to render appropriate action where such is called for is considered negligence. And, if not for negligence, then so many accidents could have been (and will be) prevented. While no property owner would want anyone suffering a slip and fall accident inside his/her area of responsibility, failure to exercise full responsibility in making sure that no part of his/her premise pose a risk to such accident will not lessen his/her degree of liability (unless, of course, if the accident occurred due to the victim’s direct act of disregarding warning signs that have been properly put in place).

The Truth About Truck Accidents

Truck drivers are not exempt from the law but the damage they could do if they are found negligent or reckless could be infinitely more catastrophic than any car accident. The same goes for the company that makes use of the truck as well as the truck’s manufacturers. Say that the truck driver in question was under the influence of alcohol or sleep suppressants such as methamphetamine – a driver this irresponsible can be subject to extreme consequences. Say that a truck has a faulty break or that the driver went beyond the allowable hours for him or her to drive the truck – the driver, the employer, and the manufacturer are all to be held liable for their negligence.

There are quite a few more subtle complications with truck accidents, however, making them more complex than car accidents. There are federal laws that come into play with eighteen-wheeler trucks, due to the sheer nature of the vehicle in question. Eighteen-wheeler trucks can cause quite a lot more damage than that of a smaller vehicle. After all, a regular vehicle will only weigh around 4,000 pounds whereas a truck of that magnitude could weigh up to 80,000 pounds. It is no wonder that, according to the website of Williams Kherker, that there are approximately up to 500,000 truck accidents that happen in the United States of America. Out of that number, there are around 130,000 injuries at least.

Those injuries could be severely life-altering. Not to mention the effect it will have on the victim’s income as an accident like that could hinder the victim from being able to work for a prolonged period of time. Due to the sheer size and risk of an eighteen-wheeler truck, there is even the unfortunate possibility of a victim getting killed in an accident such as this – which warrants a Wrongful Death claim. It is a trying, taxing situation to be in and there are many complications that are within it.

If you have found yourself a victim of a truck accident, don’t hesitate to contact immediate legal assistance.

Legal Rights of Passenger in Motorcycle Accidents

Being a passenger in motorcycle accident will give you a number of legal options for compensation. Depending on the situation, you have the option of either filing for a personal injury claim against the operator of the motorcycle or a defective product claim against the manufacturer of the motorcycle, or even both. Because it is rarely a chance of finding fault from a motorcycle passenger, majority of injury cases or claims filed by motorcycle passengers are easier to bring into court as compared to other types of personal injury claims.

Just as with any personal injury claim, the website of the Abel Law Firm informs prospective clients that the process of how a motorcycle passenger claim proceeds is the similar to those in a car accident. Plaintiffs should file their claim following the statute of limitations applicable in the state that they are in, and filing claims should be against the insurers of all operators who contributed to the accident and injuries. In a one-vehicle accident, you will have to file your claim against the motorcycle operator. Make sure to provide evidence that the operator was negligent in their actions, which thus lead to the accident. There are two important factors that need to be proven in a personal injury claim: the liability and the damages. Make sure that you have enough evidence to prove negligence, and that the injuries and damages sustained were significant enough to win the case.

In cases where there are multiple vehicles involved, it is generally suggested you file against both motorcycle operators, unless it is evident that only one operator was negligent in his or her actions. Vehicular accident does not necessarily require both vehicles to have physical contact: a car driver or motorcycle operator may be held liable for injuries and damages if they caused the accident =, such as negligently cutting off a motorcycle which eventually wiped out. If by chance you or the motorcycle operator believes that a defect in the vehicle was what caused the accident, it may help to consult a products liability lawyer to determine the next course of action. For those who live in a no-fault state, PIP or No Fault claim will help in covering for medical bills and lost wages after the accident.

Contraindications for Xarelto

One of the first things a doctor will do upon first consultation is to take a thorough medical history. For most people, this can be a long tedious process that can sometimes seem irrelevant, but it is very important that your doctor knows everything, even down to the aspirin that you take for your headaches. This is especially true when you need to be prescribed with a blood thinner.

People who are diagnosed with deep vein thrombosis or atrial fibrillation may be prescribed with Xarelto (rivaroxaban), an anticoagulant that has recently been introduced in the market as an alternative to warfarin, the standard anticoagulant treatment for more than 50 years. The market opened up for anticoagulants when warfarin was discovered to increase the risk of brain and spinal cord hemorrhaging. Warfarin also requires careful monitoring and diet restrictions because its efficacy is affected by certain drugs and food.

Xarelto, on the other hand, is considered a more convenient option because it does not require monitoring and it is only taken once a day, the dosage depending on what the physician prescribes. However, it also has adverse interactions with certain drugs including aspirin, which can increase the risk of uncontrollable bleeding to dangerous levels. Patients with compromised renal function are also at risk of renal failure with Xarelto, which can be a major problem because most patients who require anticoagulant treatment are older, many of whom may have compromised renal function.

Moreover, Xarelto stays in the system for as much as 24 hours and has no approved reversal agent, so if uncontrollable bleeding occurs, the only thing that can be done is to undergo emergency dialysis to rid the system of the drug and trigger coagulation. Many patients have sustained serious injury from using Xarelto; some have died from excessive bleeding.

Distributor Janssen Pharmaceutical and manufacturer Bayer AG have been criticized for failing to adequately warn physicians and patients about the dangers of using Xarelto. The first Xarelto lawsuit was filed in early 2014 and many more have followed. If you have suffered uncontrollable bleeding from using Xarelto, you too may be eligible to file a Xarelto lawsuit. Consult with a qualified dangerous drug lawyer in your area to find out how you can get compensation for your injuries.

Social Networking and Job Hunting

Hardly anyone in the free world does not have at least one social networking account, and that is why it is such a boom industry. But social networking is not just about your social life; it’s also about networking, and that can become handy when you are looking for a job.

Back in the day, successful people often had a wide circle of acquaintances they share some common ground with. With the advent of the electronic age and proliferation of social networks, everybody can get connected and communicate just as effectively as being part of a particular physical group or community. The key here is the sharing of information, and when it comes to employment opportunities, being in the know is nearly as important as being qualified.

There are always opportunities for employment; the trick is to know about it. Before the internet became the end-all and be-all of communications, employers posted jobs in classified ads and bulletin boards, and job seekers would look for them there. But this is necessarily limited to a certain population, so you may only learn about 5% of the total number of available jobs for which you are qualified.

Social networks have effectively put paid to that limitation. Everyone can know everything about everyone else if they know where to look. For employers and job seekers, not all social network platforms are appropriate for seeking professional connections. For these types of needs, the most appropriate sites would be profession-based forums or a networking site like LinkedIn.

On LinkedIn, for example, members are asked to fill in a profile that is practically a resume. People can engage on a professional rather than personal level with others who may share the same background. It can be a good venue for posting questions and answers, ask advice, ask for a job, or scout for potential talent. Employers can filter search for members with certain qualifications, or go into groups that are exclusive for specific professionals to have a look-see. This makes the hiring process a lot more convenient and efficient for all parties concerned.

Prozac and Depression

Many people know about Prozac – it is an antidepressant which works as an SSRI. It helps in balancing the chemicals in the brain that causes symptoms of depression, anxiety, panic, and obsessive-compulsive disorders. Aside from these mental disorders, Prozac (with the generic name Fluoxetine) is also prescribed for people with bulimia nervosa (an eating disorder defined by binge eating followed by purging) and premenstrual dysphoric disorder. It can be combined with other medications, namely Zyprexia (generic name Olanzapine) to manage depression brought about by bipolar disorder (this drug combination can also be used to manage depression if at least two medication have not worked on the patient).

Possible effects of Prozac are generally the same as with other SSRI: nausea, dry mouth, dizziness, impotence or decreased libido, weight gain/weight loss, upset stomach, constipation, cold symptoms, drowsiness, and nervousness, among others. Although not very likely, doctors advice patients who experience allergic reactions, such as difficulty breathing and rashes/hives, to get emergency treatment immediately. Taking Prozac with other drugs (NSAIDs, medicines that make you drowsy, other antidepressants and many others) can have negative interactions, and could lead to serious side effects. Avoid drinking alcohol while on Prozac, especially if you will be driving or doing anything that requires you to stay alert.

Despite the hype of Prozac being an effective antidepressant, there have been many allegations of hidden side effects. One such side effect is the phenomenon called “activation” – often manifesting itself as a sudden rush of energy exhibiting as outrageous and violent acts. Inside sources say manufacturers of Prozac, Eli Lilly, has deliberately hid evidence of the side effect “activation” from the FDA in order to have it approved. Prozac is still being sold in the market: after renewing their patent protection, Prozac changed its name to Sarafem.

Depression can really be devastating to your health and life, because of this many people turn to medications. This is not, however, the only option. Although depression can lead to suicidal thoughts and destructive behaviors, it has been known that taking antidepressants can also cause such emotions. Prescription of antidepressants, especially to children and teenagers, should be monitored closely to avoid cases of suicide or acts of violence. Since the release of Prozac into the market, there have been many instances of suicide and rage acts caused by the “activation” side effect.

Fighting Discrimination in the Workplace

Remaining to keep silent, where unjust and illegal employment practices are prevalent, only makes such practices more unjust and cruel; besides, there is no guarantee that the silent witness will be spared from the unjust practices that he/she is trying so hard to ignore.

On its website, Cary Kane LLP, a firm based in New York, speaks of the state and federal laws which provide legal protection to employees from discriminatory acts based on religion, sexual orientation, national origin, gender, ethnic identity, race or any other factor that will have nothing to do with proper job performance. These laws, the firm’s article further states, are meant to safeguard individuals from being mistreated, from being fired or from not being hired.

Though many discriminatory practices in the workplace have already been exposed and many of those guilty, whether employer, co-worker or client, have been brought to justice, the battle to finally stop workplace discrimination seems to be still far from being won. But to make sure that there will always be employees who will find the courage to expose these unjust practices, other laws have been passed to make it easy to identify and bring to the open these illegalities and their perpetrators.

These anti- discrimination laws in the workplace are enforced by the U.S. Equal Employment Opportunity Commission (EEOC), which was passed in 1964. EEOC’s first task was to implement the Civil Rights Act (also passed in 1964), a protection for employees against employment discrimination. The enforcement of other employee-protection laws that were passed either before or after 1964 were placed under the scope of EEOC too, these include the Equal Pay Act (EPA)of 1963, the Age Discrimination in Employment Act (ADEA) of 1967, the Americans with Disabilities Act (ADA) of 1990, Sections 102 and 103 of the Civil Rights Act of 1991 (these are improvements of the Civil Rights Act and Americans with Disabilities Act), the Genetic Information Nondiscrimination Act (GINA) of 2009, and the Pregnancy Discrimination Act, which is an amendment on Title VII of the Civil Rights Act.

Another employee protection that EEOC provides, but which may not have been discussed extensively in the past, is protection against retaliation. While some retaliatory acts (like change in work shift, or job relocation) are made with subtlety to make them least apparent, others are immediately obvious; examples of these are denial of promotion or a raise, demotion, being fired from work or reduction in salary. In the event that the whistle-blowing employee decides to resign from work, bad referencing can still be considered as an act of employer retaliation.

Any illegal employment practice will have to be reported to the EEOC first and, to make sure that reports or complaints are filed immediately, a time limit for filing or a statute of limitation, has been imposed by EEOC. One positive thing about this time limit is that it will not allow the complainant or whistle-blower to tarry with reporting what he/she knows; this will, in turn, enable the authorities to immediately correct the unjust practices being committed.

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