A Pool Owner’s Liability in the Event of a Pool Accident

Premises liability refers to the legal principle that holds owners, lessees or occupiers of properties responsible for injuries suffered (by certain individuals) on their property. A premises liability case usually rests on the concept that a property owner had been negligent in using or exercising the standard of care that is ordinarily required of him/her.

Now, since swimming pools are located inside someone’s property, whether this property is privately owned or open for public use, lawsuits dealing with injuries sustained in or around a pool will have to be tried under premises liability rules.

Premises liability rules vary somewhat from one state to another. While some states have dismissed the practice of distinguishing or categorizing entrants/users of a pool, there are still those that recognize three different types of entrants on the land, namely: invitees, licensees and trespassers. Each type of entrant, of course, requires a different degree of care from the owner.

“Invitees” refer to patrons of public pools, whether access to the pool requires a fee or is free of charge. To invitees, pool owners owe the duty of regularly maintaining and repairing the pool so nobody is at risk of injury.

“Licensee” entrants refer to social guests who use a pool inside a private property. To licensees, a pool owners owes the obligation of warning them of the dangers not obvious to the average person. Towards “trespassers,” however, a pool owner owes no duty of care, other than refraining from doing something intentionally that will harm the trespasser. The only thing a trespasser may be entitled to acquire after illegally entering a private property, using the pool inside that property and getting injured, is the title “injured trespasser,” since (adult) trespassers are generally never legally entitled to receive compensation for injuries that they sustain. If the trespasser is a child, however, then the owner may be held accountable for that child’s injuries. This accountability is based on the attractive nuisance doctrine (which is observed in many states) which says that pool owners have the obligation to: keep the pool safe from young children who do not understand the danger of drowning; and to prevent access to the pool, by building a fence around it, for example.

Regardless of entrant category, however, if the pool has hidden obstructions or if it is not obvious that it is too shallow for diving and there is no warning with regard to these, then the owner may be held liable in case of injuries. In the case of large pools, especially those open for public use, failure to provide life guards or other means of adequate supervision can make the owner liable.

As explained by premises liability attorneys from the law firm Habush Habush & Rottier S.C. ®, people who visit others’ properties should not have to worry about their health and safety. However, there are property owners and managers whose negligence often expose clients, residents, and other guests to unsafe situations that can lead to devastating injuries or illnesses. In order to discourage this irresponsible behavior, premises liability laws allow victims of dangerous properties to hold careless property owners and managers accountable for their damages. Seeking assistance from a highly-competent premises liability attorney to fight for the rights of an injured guest may be necessary, especially if the owner of the property where the injury was sustained is a government agency, such as in a public pool owned by a municipality. This is due to the doctrine of governmental immunity, which protects government agencies from lawsuits.

The Lowdown on Uninsured Motorist Insurance

Getting involved in a car accident translates to mounting expenses on your part. For this reason, carrying an insurance policy can help alleviate the potential expenses that will come your way especially if you were deemed at fault. But nothing can be extremely disappointing than realizing that the other driver involved in the accident does not carry any insurance.

The Insurance Research Council revealed that 1 out of every 7 drivers in the United States is currently uninsured. According to the website of Habush Habush & Rottier S.C.®, many insurance policies will still provide coverage even if the other driver involved does not have insurance. Most states require liability insurance but how will an uninsured motorist coverage protect you?

Chances are the other driver will carry liability insurance but then it will not be enough to pay for medical bills for any  injuries that you may incur. With uninsured motorist coverage, the driver without a policy can pay for the bills associated with the accident. Uninsured motorist coverage includes the following:

  • Bodily Injury covers medical expenses, lost wages, emotional distress, pain and suffering and others. However, it does not cover damages resulting from collision. It may also offer coverage for injuries to passengers or family members
  • Property Damage pays for damages to your vehicle but does not cover bodily injuries

Once you decide to purchase uninsured motorist coverage, you need to choose the limits that are right for you. In many states, the minimum limit is already set for you but you can opt to increase the limits which may be the wise thing to do.

Split Limits

In split limit, the coverage differs if only a single person is involved compared to when there are several people involved. A typical example is $15,000 for bodily injury or death per person or $30,000 bodily injury or death per accident.

Combined Single Limits

A combined single limit is paid out for by your provider for all bodily injuries in an accident.

Uninsured auto insurance is required by law in 22 states including Washington D.C. while in other states such as California, it is an additional option for mandatory liability insurance.

Things to consider when selecting Bentonite Clay

The surge in popularity of healing clays, particularly bentonite clay, has lead to many companies producing various products to help accommodate the people’s need for the detoxifying and cleansing clay. With so many products to choose from, you have to know how to properly choose the right bentonite clay product in order to get the best benefits. When you think you are ready to use bentonite clay products, there are some things that you should consider.

First thing you should look into is the company you are buying the clay from. The website of Earth’s Natural Clay suggests researching the company; check whether they are actively participating in the harvesting and quality-control check up of their products to ensure that you are not putting your health at risk when the healing clay does absorb toxins but will not flush it. Make sure that the product comes from a reputable company and are safe and environment and animal friendly. Forbes Magazine states that one risk is that if the company is not reputable, then you may receive counterfeit products. It is important to understand how the company mines the clay. Because of the nature of the bentonite clay, it is important that the clay was harvested properly and not exposed to metallic objects. Being exposed to metal objects, especially for a significant amount of time can render the clay useless because it has already absorbed enough metals to make it ineffective.

Another thing that you should consider is the aluminum and sodium content of the bentonite clay. It is already established that aluminum is a danger to your health, and sodium in large quantities can also pose a health risk. It is important to take the bentonite clays in moderations, and to check with your doctor whether you need to ingest the healing clay or you can simply use it externally, such as a topical ointment or through baths. Another concern that should be addressed in the over-consumption of bentonite clay that can possibly lead to constipation, therefore it is necessary to drink a lot of water to help thin out the clay and avoid it from “settling” or “compacted” in your body, particularly in your colon.

Can New Pharmaceutical Drugs and Devices Be Dangerous?

Recent innovations in technology have allowed for people to live with less fear in regards to maladies and the like. If a new sickness or disability comes into light, there are many experts in every field that are already trying to develop ways to cure it or help people who are suffering from it. It is an age of mankind where people need not fear a culling from the unknown – people seek and discover now. Life prevails and life survives – resistance is all but futile.

Unfortunately, this doesn’t make mankind infallible. People are only human – and mistakes are destined to be made. Some of these mistakes can prove to be quite dangerous, what with the advanced risk that comes with the dependency on the discovered innovation.

There are a number of dangerous drugs and medical devices on the market right now that have only been recently been proved to be dangerous to use in treatment. For example, hip replacements have grown in popularity over the reason years upon their more increased availability but according to www.williamskherkher.com/houston-personal-injury/, there are some hip replacements like the ones from Depuy that have caused pain (in the form of fractures or dislocations) to many people, rather have the relief that they are meant to grant.

According to www.williamskherkher.com/houston-personal-injury/, some medications don’t necessarily affect the person taking the medicine. Sometimes, the unfortunate side effects can be reflected as experienced by another party entirety. Such is the case with mothers who have taken Depakote – a drug meant to treat bipolar disorder – who then given birth to newborns who are malformed or have brain defects.

As much good as current medicinal innovations have granted the human race, there are still dangers present and it should always be the first priority of anyone seeking treatment to make sure that their treatments are safe and will not cause them further pain.

Does My Case Qualify for Personal Injury?

There are many facets to cases involving personal injury. After all, there are so many variables to consider and so many different permutations of these factors that every single case is different – but there are some key similarities that certain cases are allowed to be grouped together.

Let’s break down from something simple. Personal injury, according to the website of the Chris Mayo Law Firm, is an injury that is dealt onto a person due to the negligent actions (whether ‘tis ignorantly or willfully done) of another person or party. This injury can be physical, mental, or emotional in kind – or any combination of the three or all of them together.

From quite a vague definition, there are several instances that can come to mind that might then be qualified for a personal injury case. For example, if an swiveling office chair breaks apart under your weight, there could be a party at fault. You may have been bruised due to the fall and, if this happened in public, the incident might have subjected you to a bit of humiliation. For all intents and purposes, this can qualify for personal injury – going on the simple definition alone, right?

It is dependent on the circumstances. Technically, that kind of situation could qualify for a personal injury case but the effort and cost would not be worth it to pursue in a court of law. Any personal injury lawyer worth their salt can advise you against that course of action. It is gathered from the website of Williams Kherkher that people tend to file for personal injury lawsuits in order to receive compensation since the injury that was dealt upon them inconveniences their lives so much so that it is necessary to demand for justice in this regard.

A fall from a chair is different from, say, a broken piece of chair accidentally stabbing you clean through the leg. Personal injury cases are quite circumstantial and are, since they happen to individuals at a time, quite personalized and it would be advisable to consult with an experienced professional before pursuing legal action.

The Dangers with Cruise Ship Accidents

Whenever you think about cruises, you can picture serene days filled with sunlight, the sea, and good memories all around. After all, the point of a cruise is to ensure that you are in a relaxed environment and that you can enjoy the time to yourself or amongst your friends and loved ones. Unfortunately, there are enough circumstances regarding cruise ship accidents that there are certain things that you may want to know about before you embark on your sea-bound voyage.

Cruises can be, let it be said, absolutely wonderful. The allowed disconnect from the hectic, day-to-day lifestyles of modern metropolitans can be a wonderful break filled with laughter and sunshine. However, whenever you’re that far away from civilization – it can be difficult to acquire some of the rights or comforts that you can enjoy while on land.

For example, if you suddenly take ill and the resident medical professionals on board are not capable of caring for your given sickness, then there must be protocol initiated immediately in order to get you to safety. Not only that but the staff must also adhere to a certain standard of care in order to make sure that you are in the best possible hands – and should anything fall below that standard, then there is justice that should await for you when you get back to shore.

There are many injuries that can await you in a cruise ship, sad as it is to say. But, according to the website of the lawyers with the Louis A. Vucci, there is the option wherein victims of cruise ship accidents or injuries can legally file to acquire compensation for the damage that has been done unto their person. It can be frustrating to deal with, especially since so much depends upon evidence and reports of circumstances in situations like these, but with the right kind of experienced help – things should go by smoothly and you can keep on sailing just fine.

What Are The Complications with Motorbike Accidents?

There is always a risk when it comes to operating a motor vehicle. After all, these complicated pieces of machinery are not infallible – and neither are people. Accidents have a tendency to happen and sometimes, there is no one at fault at all. However, there are many differences between a regular accident concerning a truck, a car, and a motorbike.

A motorbike, for example, is well regarded amongst travelers for its speed and simplicity. Motorbikes will often get you from where you need to be with an ease that isn’t quite possible with the bulk and weight of a regular car. There are still risks with this kind of vehicle, though. Motorbikes are not quite as protected as vehicles and the rider is often more exposed to the elements. A single accident could mean severe injuries for the rider, according to the website of John Michael Bailey Injury Lawyers.

And people know this risk when they purchase or choose to drive a motorbike. Permits aren’t handed out like spare change or extra candy – they are handed out with due care and notice after rigorous, careful testing. But even though the risks with a careful motorbike driver with a car driver are similar when rules and safety measures are involved, it can be difficult to secure compensation in a case that involves a motorbike accident.

In the website of the personal injury lawyers of the Mokaram Law Firm, it is said to be one of the most difficult and frustrating parts: the acquisition of rightful compensation after a motorbike accident. It can be understandably difficult for these circumstances to occur to a driver of a motorbike since part of the allure of a motorbike is its comparative affordability, in contrast to a brand new car. Some people are even entirely dependent on their motorbikes in order to be able to do their professions on a daily basis.

Benefits with Outsourcing in the Philippines

Outsourcing has been a rising trend in the way businesses are run these days. More and more people are becoming independent and are even starting their own microbusinesses as passion projects. Since every business – no matter if there are only 3 or 300 employees – still needs the basic, fundamental tasks done, it can be expected that not every business can handle all the in-house employees that they need.

They need experts but also cannot spare the capital or time in order to invest on someone to be there on a full time basis. Outsourcing then allows for these businesses to acquire the services of experienced professionals in their field and it also allows for these professionals to work for a number of different clients from different networks and strategies. It allows for them to network and grow with each other, making the relationship as that one that is a win-win situation.

One of the rising jewels in the outsourcing circle is outsourcing in the Philippines.

The Philippines has a rich history of trade and camaraderie with not only its neighboring Asian countries but those in the west as well. It is because of this that they are then able to adapt and blend in with numerous cultural norms while still maintaining their own identity of hospitality, geniality, and hard work.

According to the website of the people with Pinoy Partners Outsourcing Center, Inc., the Philippines remains to hold one of the largest English-speaking populations in the entire world. With their relatively more affordable lifestyle that is available in this country, outsourcing then allows for Filipino workers to have a lucrative and profitable salary while still on a cost-effective budget for those in other countries.

Filipinos have made their mark in the world as one of the friendliest and most resilient people – and their work ethic is no exception to that rule.

Should I Care About the Texas Prompt Pay Act?

Some people tend to forget that professionals are still human beings. Professionals like people in the medical field such as doctors, nurses, radiologists, physical therapists, et cetera are people who are mostly just expected to do their jobs and be there and sometimes, it can be easy to remember that they’re people too. They are people who need to earn money to make a living and, especially with professionals in the medical field, they are people who can get stressed as well as make mistakes.

So what is it about the Texas Prompt Pay Act that is so important?

Citing the website of prompt pay lawyers in Texas with Williams Kherkher, this is a law that allows the protection of these professionals’ rights to the compensation that they are owed for their services. In the medical field, they are often paid through insurance companies and whatnot, thanks to the healthcare that the patients may have. However, there have been instances wherein medical professionals were not granted the full compensation they are owed within a given period of time due to reasons that are not justifiable or fair.

These professionals are then urged and encouraged to pursue legal action, should this ever happen to them in order to receive due compensation.

People in this field have quite a lot to risk due to the nature of their work. After all, they deal with complicated contraptions that are meant for the betterment of people who are sick. It takes years and years to even just be allowed to practice in the field and that takes a lot of investment as well as dedication. Risk is present in the profession as well and never has it ever been more important to be able to do a job well since these specialists deal with other actual, proper lives. It is then only right that they are compensated what they are owed for the kind of work that they do.

So if you care about what happens to the people who you need to care for you – then the Texas Prompt Pay Act may be something you want to start caring about.

Should I Be Worried About My Professional License?

Professions that require a license before people are allowed to practice within the field are ones that expect a certain level of expertise or specialization in order to be able to do their jobs in such a way that they won’t endanger anyone. After all, not everyone can become a doctor or a nurse or a medical technician or something of the like – it takes skill, study, and a lot of training in order to do be able to properly do any of those things.

Now, since these professionals are also people – there is an expectation for them to perform these jobs in order to make a living. There are bills to pay, after all, and they are still people who need to be able to earn in order to live and provide for their families. So say that a doctor’s license to practice medicine is suspended or revoked entirely. That is then a person who is no longer able to do their job and make a living – what’s more to say if this person has a family of their own that is dependent on their wages?

On the website of the lawyers with the Leichter Law Firm, it can be gathered that defending professional licenses in a court of law can be a complicated matter. After all, not only is there the matter of the case as to why the person holding the license is being put to this sort of situation in the first place but also the legal matters that concern it. That means that there is both the need for investigation into the situation proper as well as sufficient knowledge of the law and how it works.

Experienced attorneys who have held cases concerning professional license defense would then be preferable to contact in situations like these and should your license be on the line, it is advisable that legal aid is sought immediately.