Posts by Hunter

Children Injuries Due to Negligence

Posted By on Mar 8, 2017

Children may be physically limited to successfully avoid accidents, mentally limited to assess dangerous situations, or reckless enough to put themselves into harm’s way. As the adult, you have the responsibility to put the children in safe conditions and supervise them enough to avoid reckless behaviors, accidents, and injuries.

But sometimes, this responsibility is passed on to others, and they may not be as emotionally attached to the task as you are, resulting into negligent behaviors that may lead to the children’s harm. According to the website of the Amerio Law Firm, negligent parties may be held liable for the injury of your children.

Common Child Injury Cases
Dangerous childcare products and toys: Designers and manufacturers may be held liable for defective childcare products and toys. The most common defects include harmful materials used in the production of the product, materials that easily detach turning into choking hazards, and products that are not suitable for the age group advertised.

Childcare facility accidents: Childcare facilities, such as daycares, have the responsibility over the safety of their clients’ children and the effectiveness of their services and facilities. Any form of harm that has resulted from the daycare staff’s negligence or the daycare’s defective or malfunctioning items is enough grounds for a lawsuit.

Playground accidents: Some playground accidents occur because of the child’s own recklessness, but there are instances where other parties can be blamed, such as the playground owners, playground equipment designers and manufacturers, and maintenance providers, who have failed to keep their premises safe.

Swimming pool accidents: Swimming pools and other similar recreational areas should also make sure that their premises are safe from accidents, particularly those that can be triggered by unsupervised children. These areas can do this by maintaining the cleanliness of the place, putting up barriers and fences to create boundaries, and having adequate security and services such as lifeguards.

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Seventeen states in the U.S. that are known as “no fault” divorce states: Wisconsin; Washington; Oregon; Nevada; Nebraska; Montana; Missouri; Minnesota; Michigan; Kentucky; Kansas; Iowa; Indiana; Hawaii; Florida; Colorado and California (all other states are known as ‘fault” divorce states due to need for the one filing for divorce to cite a valid reason due to which the divorce is being sought). In these “no fault” states, a spouse may file a petition for divorce without the need of having to cite any ground, such as abuse, adultery or abandonment. Simply stating “irreconcilable differences,” or “insupportability” which, under Texas law, is discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Because irreconcilable differences, or insupportability renders a marriage beyond repair, it is, therefore, accepted as basis for divorce.

Divorce, however, may be filed only if the marriage entered into by two individuals is legally binding; marriages which, from the very start are null or invalid, may be terminated through annulment.

Annulment is a legal declaration of the cancellation of a marriage. It has to be canceled and declared canceled to give the spouses, or a spouse who has been offended, the right to enter into a legally binding marital union. A marriage is considered non-legally binding and, therefore, invalid from very start due to any of the following reasons:

  • It was entered into by blood-related individuals (most states outlaw marriages between relatives closer than second cousins since this would be incest;
  • One of the individuals is still in an existing marriage, thus, making succeeding marriages bigamous;
  • One or both spouses are under the age of 16 when they entered into marriage.

There are instances, on the other hand, when a marital union is considered legal, but will have to voided or canceled due to the following grounds:

  • Fraud, such as when one keeps secret a prior marriage, a felony conviction or addiction, or having a child from a previous marriage;
  • Coercion, which is the case when one spouse was forced by the other to enter into marriage;
  • Intoxication due either to alcohol or drug since this renders either of the spouses lacking the full capacity to consent to marriage;
  • Mental incapacitation, which renders one or both spouses unable to fully grasp the responsibilities and duties of a married life; and,
  • Impotence or the inability of one spouse to have sexual intercourse.

For a court to grant a petitioner for annulment, however, a petitioner for annulment should stop cohabiting with his/her partner after he/she learns of the claimed ground/s for the annulment. If the petitioner does otherwise, then no annulment will be granted by a Texas court.

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To traffic enforcers and the American public, the more than five million car crashes occurring on roads and highways in the U.S. every year have made wrecked or totally wrecked cars and severely injured individuals a very common, yet always a frustrating, sight. Cars crashing with another motor vehicle, crashing into a concrete barrier, a wall, a tree, a lamp post or any other solid object, or hitting a motorcyclist, a bicyclist or a pedestrian, have always left properties damaged or, worse, individuals with permanent disability or dead.

Over the years, the number of car on roads and highways has steadily increased; with this, however, is also the increase or retention in the number of car accidents. Studies by the National Highway Traffic Safety Administration (NHTSA) show that driver error accounts for more than 90% of all car accidents both in the U.S. and around the world.

Driver error include driving while impaired by alcohol or drugs (both legal and illegal), driving too slow, driving above the speed limit or driving too fast despite dangerous road condition, using a handheld phone while driving or failing to observe safety traffic rules. Car accidents can be avoided, definitely, if only drivers will act responsibly whenever behind the wheel.

Aside from those listed above, which, according to the NHTSA, are the top causes of road mishaps, there are many other reasons why car accidents happen.

There are also drivers who fail to use signal lights, tailgate, overtake improperly, drive through a red light or make sudden turns. However, there are also accidents which occur due to road defects or defective cars or car parts.

An accident is always a traumatic experience, especially to those who sustain injuries and the trauma increases based on the severity of the injury sustained. Besides the injury, another cause of great worry for victims and their families is the financial burden the injury will result to. This is due to the medical treatment and the loss of income as the injury is sure to render the victim incapable of reporting to work. Even the opportunity to land in a good job can be affected by the injury sustained. Due to all these, the Toronto car accident lawyers with Mazin & Associates PC emphasizes the importance of working closely with different experts, including medical professionals, present and future care experts, specialized accountants, and leaders in the field of medical rehabilitation, to ensure that a car accident victim would receive the proper care and protection after a serious car accident.

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The Issue of Child Support

Posted By on Aug 16, 2016

Child support is one major issue spouses and those who enter into a relationship and have a child will need to settle in the event that they decide to divorce one another. Determination of child support is made by a court, thus, its payment is, therefore, a legal obligation. A non-custodial parent will not be exempt from paying child support even if he or she were to declare bankruptcy. Non-payment of this court-ordered support can mean fines and imprisonment for the non-custodial parent.

Child support is the legal duty even of divorced couples. This is because though they would stop being a spouse to one another, their being parents to their children will never cease. This gives them the legal and moral duty to see to it that all the needs of their child/children are met.

Child support or child maintenance is paid on a regular basis (usually monthly) by a non-custodial parent to the custodial parent or to whoever has been determined by the court to care for the child (this can be a guardian, a caregiver or the government itself). Courts usually name a custodian other than the parents if both parents have been declared unfit to care for their child or if both parents will not be able to perform their parental duties due to serious medical condition).

Thousands of cases regarding non-custodial parents fleeing to other states to be able to escape payment of child support have been (and still continue to be) reported. Due to this, the Child Support Recovery Act (CSRA) was passed in 1992. Under this Act, the Federal government, state and local authorities are encouraged to assist one another, mainly in determining the whereabouts of those who try to escape child support payment. Under the law, non-custodial parents who are also found to owe at least $2,500 in child support, will be denied a U.S. passport if they apply for one. This mandate is declared by the U.S. Passports & International Travel of the U.S. Department of State’s Bureau of Consular Affairs. Only when unpaid amount has been settled will application for a passport be accepted; however, it may still take the Passport Services two or three weeks before the processing of passport application gets approved.

A non-custodial parent, after his or her whereabouts has been discovered, can face federal prosecution if it can be confirmed that he or she intentionally failed to pay child support, skipped payment for more than one year, or the amount owed is more than $5,000.

According to the law firm Marshall & Taylor PLLC, child support actually pays for educational costs, transportation to school/activities, medical needs, daily sustenance and care, mortgage on a house or rent for an apartment/shelter, and a certain standard of living. Both parents, of course, have the obligation to provide for their child; if one parent refuses to perform his or her duty in providing for his or her child, then the other parent can always take legal action.

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Risks of having Alzheimer’s disease

Posted By on Mar 12, 2016

Aside from series of medications, individuals suffering from Alzheimer’s disease often require specialized assistance for them to avoid hazards in their everyday living. Alzheimer’s disease affects approximately 5 million elderly in the United States.

Though usual signs of Alzheimer’s disease like getting lost to familiar places and suddenly forgetting how to cook meals may vary from one person to another, a person, often an elderly who has this kind of mental disorder may also not realize that he or she can inflict harm to him or herself. As a person with Alzheimer’s disease can no longer remember many things, he or she is at high risk of suffering injuries from his or her surroundings. Serious injuries like broken hip bones and head injuries are common to individuals with Alzheimer’s disease if they accidentally slip or fall. Elderly with Alzheimer’s disease are three times at risk of suffering broken hips compare to normal counterparts. Family members who are living with a relative with Alzheimer’s should make sure that their surroundings are free of clutters and debris. Due to memory loss, an elderly with Alzheimer’s is at risk of injuries when there are clutters like books, toys, and shoes are in the house specifically on staircases.

Family members can do a lot of things to make their home safe for their relative who has Alzheimer’s. Households should make sure that all things inside the house are stored in proper places especially those that can cause slip or fall. To prevent slipping from rugs, households may use adhesive tapes to secure rugs in place. Tools and other things that are rarely used should be kept in a place that cannot be access by a person with Alzheimer’s mostly if it can cause injuries. Place rubber or non-slip mats on your shower room and bathtub. Make sure that your house has sufficient lighting for a person with Alzheimer’s to easily see his or her way around the house. Aside from persons with Alzheimer’s, it is common for elderly to experience vision deterioration due to aging. Family members may consider confining their relative with Alzheimer’s to a memory care facility to make sure that his or her environment is completely safe and he or she is closely monitored and cared by highly-dedicated personnel.

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