Car Defect: Even Wrecks at Relatively Low Speeds can Cause Horrific Damage

Apr 28, 2017 by

Car Defect: Even Wrecks at Relatively Low Speeds can Cause Horrific Damage

To children and senior citizens, being involved in a car accident can be a cause of serious trauma, especially if they sustain severe physical injuries. Car accidents are among the most common causes of injuries and deaths in the U.S. More than five million road accidents involving cars, still happen on U.S. roads annually – more than two million of these accidents result in injuries, while more than 30,000 result in death.

According to the National Highway Traffic Safety Administration (NHTSA), the top causes of car crashes are drunk-driving, recklessness driving, over speeding and driver error. While all these may fall within the control of the driver, there are also causes identified by the NHTSA that fall outside the driver’s control – this is either road defect or vehicle or car defect.

Car defects can be very hard to prove, despite certainty of the driver that something in his/her vehicle failed to function well, thus the car accident. If the defect is indeed proven, the car manufacturer usually makes a recall of the particular model to correct whatever mistake the manufacture of the car resulted to.

Mistakes are often caused by skipping a necessary manufacturing step/procedure or by adding a step in the manufacturing process, but which should not have been added in the first place. Though it may be clear that producing a defective car is never intentional, the fact that it passed quality check from the manufacturer and got released into the market, are but just signs of carelessness and gross negligence.

According to the firm Spiros Law, P.C., “Even wrecks at relatively low speeds can cause horrific damage. Additionally, as you increase your speed, you become more and more susceptible to tragic accidents should you lose control of your vehicle. There are many types of defects that can cause problems or auto accidents, such as: seatbelt defect, brake malfunction, tire defects, airbag defects, and, child car seat defects.

Should your tires or brakes fail due to a manufacturing defect, your seat belt, airbag, and child car seats should work properly to keep you safe. However, if these items are defective as well, you can be left without the additional protection that you are supposed to have.”

In the event of an accident, the manufacturer may be held totally liable for whatever injury or harm a victim may sustain. It will also be part of the manufacturer’s legal responsibility to the victim, to the compensate him/her with the correct amount based on the present and future cost of medical treatment plus wages lost, if the victim will fail to render work for a certain period.

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Signs of Concussion

Jan 30, 2017 by

A mild traumatic brain injury, more commonly known as a concussion, occurs when the brain has sustained some damage after an impact to the head. This mostly occurs because of a direct force to the head, such as in traffic accidents, sports like basketball and football, and slip and fall accidents. In fact, concussion is such a serious issue in these incidents that there are legal professionals who specialize on them, such as the NFL concussion lawsuit attorneys at Mokaram Law Firm.

The symptoms of a concussion may come immediately after impact, but there are instances where the symptoms only surface after a few days, or even weeks. The most common symptoms include:

  • Difficulty in concentrating
  • Difficulty in remembering the traumatic event
  • Dizziness
  • Headache
  • Nausea and vomiting
  • Ringing in the ears
  • Sensitivity to light and noise
  • Slow reaction time
  • Vision problems

There are also more serious symptoms that need medical attention right away. These include:

  • Abnormal eye movement
  • Body coordination problems, such as clumsiness
  • Difficulty in balancing and walking
  • Loss of consciousness
  • Mood changes such as irritability
  • Seizures
  • Slurred speech
  • Worsening of other symptoms

Most concussion patients completely recover, but the recovery period may even take a few months. There are also situations where surgery is required, depending on the gravity of the traumatic brain injury.

Prevention is always better than cure. To prevent concussions, make sure to wear your seatbelt while on the road, to prevent your head from crashing to the steering wheel, windshield, or any hard surfaces. Wear protective gear such as helmets while doing sports activities. Be wary of slippery substances, defective escalators, elevators, and floors, and other objects and obstructions that may can a slip and fall accident.

This is especially true to those who have already sustained a concussion. Though it is rarely fatal, repeated concussions can seriously damage the brain.

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What Are The Penalties For Statutory Rape?

Dec 22, 2016 by

Statutory rape is a serious offense that involves two people engaging in sexual activities where one of the two is below the legal age of consent which can be between 14 and 18 years of age. It is categorized into first degree and second degree. First degree rape is committed against someone below 12 years old and the initiator is older than 16 years old.

Second degree statutory rape, on the other hand, involves an initiator who is more than 16 years old and a victim aged between 12 and 16 years old. The penalties for second degree statutory rape are less harsh than first degree statutory rape. Statutory rape is a kind of sex offense and hence the offender may be required to register as a sex offender. Depending on the location and the circumstance, penalties may vary.

Nashville sex crime attorneys will tell you that statutory rape will be charged as Class E felonies and hence will carry the mandatory minimum jail term of one year. For first degree statutory rape, when the minor is less than 12 years old, the penalty may be life imprisonment or from 10-99 years. Second degree statutory rape will often carry lower sentences and will be charged as a misdemeanor. The jail term will range from one year to twenty years in jail.

In statutory rape, the age of the minor can be a huge factor in the success of a case. Over the years, laws have evolved as a reaction to the pressure from parents who are worried about minors engaging in sexual acts with other minors. As the world is constantly changing, so are the laws that govern statutory rape. It is worth noting, however, that the age difference does not completely decriminalize the act. It only reduces the possible sentence.

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Causes of and Contributory Factors to Office Injuries

Nov 3, 2016 by

Many think that office settings are much safer places where employees or workers can complete their tasks while sitting in a comfortable chair in a climate-controlled room. However, though not as dangerous as construction sites, law enforcement work, or health care environments, office setting hazards are surprisingly numerous, presenting their own unique risks that continue to injure thousands of unsuspecting and careless employees every year.

In 2014, the U.S. Department of Labor’ Bureau of Labor Statistics released a report which says that there were more than 3 million non-fatal workplace injuries and illnesses in the private industry in 2013. The report also says that the most common causes of injuries in offices include:

  • Falls, which can be due to slipping or tripping. There are many contributory factors to falls, such as: files, boxes and other items piled up along walkways; colliding with someone; marble or tiled floor which can be very slippery; and standing on a chair, especially a rolling office chair. In 2008, an estimated 25,790 workers were injured due to fall accidents;
  • Improper storing of office items, which may be made by piling materials too high, disorderly piling of things, resulting to blocked doors, fire-fighting equipment or fire exits, and placing very heavy objects on high shelves;
  • Incorrect lifting of large and/or heavy objects, resulting to overexertion or strains;
  • Improper lighting, poor indoor ventilation and air quality;
  • Cluttered electrical wiring. This include extension cords, computer wires or headphone wires;
  • Unwanted sound or noise, which is often caused by human voices. Noise is a clear source of interference, annoyance and major distractions, especially to those engaged in mental activities, such as writing and/or researching. Noise can reduce performance, as well as increase errors, in activities that greatly require mental concentration. Affected individuals often resort to means that will minimize unwanted noise as much as possible, like using headphones for music that will help drown the unwanted noise. This means, however, is not always effective as it can lead to unnoticed dangers that the concerned individual may sustain injuries from; and,
  • Workplace violence.

Thinking that office workers are immune to workplace injuries because the physical strain for the bulk of work associated with an office environment is minimal as compared to the labor in other fields a dangerous misconception. This is why even office workers are covered by Workers’ Compensation Insurance – to enable them to apply for benefits in case they get injured on the job.

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Despite Knowledge of Taxotere’s Damaging Effects, Sanofi-Aventis did not Warn Doctors and Patients Until 2015

Sep 18, 2016 by

During the latter part of the 1990s, study called GEICAM 9805 was sponsored by Sanofi (Sanofi-Aventis is the manufacturer of the chemotherapy drug Taxotere, with generic name Docetaxel). In 2005, results of the study revealed to Sanofi that 9.2 percent of women who used Taxotere suffered permanent alopecia or permanent hair loss).

In 2006, another study revealed that Taxotere use could cause women to suffer permanent alopecia (this study was conducted by Medical Oncologist and Internist Dr. Scot Sedlacek of the Rocky Mountain Cancer Centers).

Taxotere was first approved by the U.S. Food and Drug Administration in 1996 for breast cancer treatment. In succeeding years, it also gained approval to treat a variety of cancers including non-small cell lung cancer, prostate cancer, gastric cancer, and head and neck cancer.

Compared to Paclitaxel, another chemotherapy drug that is in the same class as Taxotere (both drugs belong to the class plant alkaloids) the latter gained more preference since its required treatment was once every three weeks as against the weekly treatment required by Paclitaxel (Paclitaxel, though, was said to be just as effective as Taxotere). Paclitaxel, however, did not cause permanent alopecia, the damaging side-effect associated with Taxotere. Permanent alopecia was not the only complaint against Taxotere, though. Some breast cancer patients actually complained of alopecia universalis or total hair loss on the scalp and body; this means total loss of hair on the eyebrows, eyelashes, under arms and around the genital area.

Women affected by the damaging effects caused by Taxotere have now pending lawsuits where they accused Sanofi-Aventis of:

  • Having manufactured and marketed a dangerous drug;
  • Selling Taxotere without testing it properly and exhaustively and without disclosing its damaging risks;
  • Failing to properly warn patients and health care providers about Taxotere’s damaging effects;
  • Concealing information (of Taxotere’s damaging effects) from the public; and,
  • Downplaying the dangers associated with Taxotere.

The law firm Williams Kherkher says that Sanofi-Aventis knew about the side-effect of Taxotere as early as 2005; this is how it was able to warn patients outside of the U.S. about this side effect. Patients in the U.S. were warned of the dangers of using Taxotere only in December of 2015, though, after the (FDA) mandated it to do so.

Every year, 183,000 to 300,000 new cases of breast cancer are diagnosed in the U.S. Tens of thousands have already been treated with Taxotere in the past. Continuous use of this damaging drug can only result to more ruined lives.

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