Thousands of tort lawsuits or product liability claims against manufacturers of harmful products are filed in courts all across the US every year. Obviously, despite quality standards, so many products, which are defective or poorly made, still get displayed in stores and sold to millions of American consumers who completely believe that everything they purchase are safe and without defects.
Some of the injuries and deaths, and defective products which have been traced and documented by the United States Consumer Products Safety Commission (CPSC) include the following:
- 220,500 toy-related injuries in 2006
- Development of blood clots which, eventually, led to the death of a number of young women who used the Ortho Evra® birth control patch
- The 2003 recall of nearly 30,000 electric blankets which, when folded or bunched, had a tendency to overheat and burn the user
- Dell’s 2005 recall of about 200,000 laptop batteries, which showed risks of overheating and causing fire
- Toyota’s 2006 recall of more than 1.4 million of its cars due to defective parts
According to the website of the Atlanta personal injury attorneys at the Ausband Law Firm, millions of other products, from children’s food and toys to house appliances, vehicles, machinery, chemicals, and so forth, have caused either injuries or death to their users. Though a seeming failure on the part of the Federal Trade Commission’s Bureau of Consumer Protection, the branch of the government tasked to ensure product safety, total responsibility cannot be blamed on it, though. This is due partly to the limits in its jurisdiction plus the billions of different products made available in the market every day. Thus, checking and ensuring product safety need to be a concerted effort by the different branches of the government, as well as active participation of the public in reporting products that are defective and harmful.
The Bureau of Consumer Protection, however, encourages consumers to forward to it any complaints on product defects for it to have a basis to conduct an investigation about the product n question and file legal complaints against the manufacturer if the product is, indeed, proven defective and a possible cause of harm.
“Prevention is better than cure,” is one very applicable adage where product safety is the concern. For, though, a person injured due to the use of a defective product may be legally awarded compensation from the liable manufacturer, there is no telling what the extent of such injury can be; thus, rather than suffer any harm, making sure that manufacturers comply with government safety standards to eliminate the possibility of their product causing harm on anyone will always be the much better alternative.
Picture this: you buy an apple and store it in the refrigerator and then, after a while, you’re really hungry and the only food available to you was that apple you’d put in before… but the refrigerator refuses to open. That is, in essence and unfortunately, what some people are subjected to by insurance companies that practice bad faith.
You avail of insurance plans as, mostly, a safety precaution for unpredictable circumstances. You could call it an investment for your future self, if you like. Investing in insurance is definitely a worthwhile investment but sometimes, the company that you put your faith in can be disappointing. According to the website of the Sampson Law Firm, there are some insurance companies that think of their policyholders as little more than numbers to complete a quota, wanting to keep the cash involved within house, without justifiable reason. As a policyholder, however, you are entitled to prompt compensation when you need it, for that is the service that you had paid for when you enlisted their services. If they have unreasonably kept your due recompense and inconvenienced you, you are warranted to take legal action against them.
It is illegal to withhold claims from you, following an incident that renders a need for you to claim what is owed to you, and yet there are some insurance companies that will do all it can in order for you to not get your dues. This is unacceptable behavior and if you are ever put into a situation like this by an insurance company that has showed bad faith, it is advisable for you to seek expert help.
Surely, there is an experience in your life that is significant enough that it demands for you to claim compensation from the insurance company in question. This added misfortune only adds to the injury and, truly, you certainly have enough on your plate without having to worry about this too. When everything seems to be getting out of your control, reach for help so that you can enjoy a smoother, more efficient process – ensuring that you can get your life back to normal no sooner than it has to!
The recent economic crisis in the US has hardly affected the trucking industry insofar as volume goes; while market forces shift depending on prevailing consumption, there will always be the need to transport goods from one place to the other. A well-managed trucking business will survive no matter what.
What has become a matter of concern for all businesses in general and including the trucking industry is the difficulty in getting ready capital. This is especially critical for those in the trucking industry because good cash flow keeps the wheels turning; when the cash stops, so does the business.
Traditionally, one would open a line of credit or an outright business loan with a bank, using the company’s assets as collateral. Lately, though, it has become more difficult to get the bank to take the risk as more and more people are defaulting on loans. According to the website of TBS Factoring, an alternative to a bank loan that has become more popular of late is that of freight factoring, and this is because of some crucial differences.
Banks are concerned with the ability to pay of the borrower, or the trucking company owner, so if you have a less than stellar credit score, you won’t get approved for a business loan no matter how well your business is doing. Freight factoring companies, on the other hand, are more concerned with the credit rating of the client because this will determine if the invoice will be paid.
Banks deal with everyone, so they tend to be more rigid in the programs they offer. Freight factoring companies deal solely with freight transportation, so they have a better feel for what works in the industry and can offer options that will answer the needs of the company more effectively.
Bank loans have to repaid; factoring does not because it’s not a loan. The trucking company owner basically sells the invoice so unless it is recourse factoring and the client doesn’t pay, that’s the end of that. In non-recourse factoring, even if the client doesn’t pay, the factoring company cannot demand that the owner make good on the invoice.
Overall, bank loans are not the best solution for trucking companies with temporary cash flow problems. They take too long to process, and there are no guarantees of getting approval. Freight factoring is definitely the easier and smarter way to go.
The main purpose of patents is to protect the rights of the inventor for an invention, whether it be a process, formula, or machine which is new or a significant improvement over an existing process, formula, or machine. It restricts non-patent holders for a specific period of time (usually 20 years in the US) from benefiting from the invention without the express permission of the patent holder subject to specific conditions. For example, a drug that can cure cancer can only be produced and sold by the patent holder until such time as the patent expires, or the patent holder conveys rights to others.
A patent protects ideas or designs instead of the actual physical invention, which makes it more complicated and restricted than, say, copyrighting a song or novel. There are many requirements for an idea or design to be considered patentable.
Many inventions today are based on a previously existing invention that may already be patented but sufficiently innovative to be distinct from what it has built on. A good example is a camcorder, which is a hybrid of the tape recorder and the video camera.
A patented idea should also be non-obvious such that a reasonable person with the requisite skill in a particular field would not be able to come up with the same design. For instance, a toaster with just one slot or three slots is not patentable, because it is obviously possible to have less or more of the standard two slots.
For an idea to be patented, there should also be a working model to demonstrate its purported function, and that function must not be immoral or illegal. An idea for a machine that will produce a chocolate shake from nothing but water cannot be patented, although as part of a fantasy model it can be copyrighted.
Enforcement of patent rights is completely up to the patent holder. For instance, Dallas intellectual property lawyers can be retained to file or fight an infringement lawsuit for the unlicensed use of an online shopping cart, such as the more than 130 cases against online retailers brought by EDekka LLC. Some consider this patent trolling, in which a patent holder takes advantage of the vague language used in some older patents to interpret it in an advantageous way. Such issues are why it is important for both patent holders and those who are accused of infringement should retain knowledgeable and experienced patent lawyers to protect their rights under intellectual property laws.
Has someone caused to an injury? Are you looking at years worth of rehab or medical care because of it? If so, there is a good chance that you have reason to sue them for your injuries. The tips below will help you build a case against the person that have hurt you.
When looking for a good personal injury lawyer, get some personal recommendations from loved ones that have been in the same boat as you. When you take these steps, you increase the likelihood of hiring a quality lawyer that will help get you the results you want. Be sure to get the best lawyer you can possibly afford.
Watch what you say. This is especially true at the site of the injury. You have no obligation to tell people who you think is at fault. You also do not need to provide more information than legally required. Making any statements on the scene of the injury may lead to more complications as your case progresses.
The biggest mistake you can make as a personal injury client is to select the first lawyer who you find. Don’t do this! Instead, check out multiple lawyers and firms to find out which have the best track record in the field. The time spent will be paid back in dollars at the end of the case.
Personal injury lawyers tend to specialize in a number of different fields. For example, one may solely take on medical malpractice cases, whereas another may be proficient in automotive accidents. Don’t assume that all personal injury lawyers are the same and be sure to make inquiries about any lawyer you have under consideration. The website http://www.pohlberkattorneys.com suggests even meeting with potential lawyers to make sure they are the kind of person you can trust with something so important.
If you take what you have learned here and put it all to work for you, you could win your case. There is no need to struggle for the next several years to pay your bills when the person responsible gets away with it. Make them pay today so you can live a life worth living.
On September 2, 1974, 93rd United States Congress passed into law the Employee Retirement Income Security Act or ERISA, for the purpose of ensuring that upon their retirement, the millions of Americans will be able to enjoy the assets or the funds that were deposited in their retirement plan during the years that they worked. ERISA claims only apply in companies where employers have chosen to sponsor the health insurance coverage of the employees and other plans for the benefit of the same employees.
The administration of ERISA is the task of the Employee Benefits Security Administration (EBSA), a branch of the Department of Labor (DOL) of the United States. The Act does not mandate employers to offer plans to their employees; it merely lays down the rules for whatever benefits an employer would choose to offer. ERISA also means to protect the interests of all the participants (and their beneficiaries) in the employee benefit plans by:
- Making sure that they are informed about all the vital information relating to the plans, such as their features and funding
- Requiring these plans to formulate a process for grievance and appeals that will help the participants receive benefits from their plans
- Providing fiduciary or trustee responsibilities for whoever will control and manage the plans’ assets
- Giving the participants the right to file legal claims for benefits and violations committed by the fiduciary
For a clearer picture of what ERISA actually does, say for instance that an employer opts to sponsor a pension plan for his/her employees, ERISA will, then, lay down the minimum standards for the availment of such pension plan. These standards will specify the length of employment required for an employee to be accepted as a participant of the plan, the additional number of years necessary for an employee to enjoy non-forfeitable interests in their pension, the length of time allowed for a participant to be away from his/her job before his/her benefits are affected, and the right of the spouse to the pension in the event of the participant’s death.
In improving the benefits of employees, amendment were made to ERISA to include in it two areas that would cover health insurance: the first was COBRA or the Consolidated Omnibus Budget Reconciliation Act, which was approved in 1985; and, the second, HIPAA or the Health Insurance Portability and Accountability Act , which was passed in 1996.
To make sure that the stipulations of ERISA are complied with, EBSA monitors companies through reporting requirements. While failure to comply would result to criminal penalties and civil liabilities, compliance may earn for the company tax breaks and other incentives.
If you believe your insurance company acted in bad faith, be sure to contact an insurance law attorney as soon as possible so they can assess your situation. This way, you can get the insurance money that you need.
“Thin is in” is somewhat true nowadays, although certainly not to the extreme it was carried in the 1970s when “Twiggy” was a description rather than a name. But the majority of us who struggle to keep the weight off would cheerfully strangle those who seem to do it with no effort at all, attributing it to their “overactive” metabolism.
However, that is not always a good thing.
Without admitting to any trace of vindictiveness, an overactive metabolism can be a problem. People who burn calories at an abnormal rate and are unable to put on weight may have an underlying condition that could have serious consequences later on. Some medical conditions that are associated with an overactive metabolism includes Von Gierke disease, Type I diabetes, and hyperthyroidism. It may also be due to stress or hormonal imbalance.
People with overactive metabolisms are always hungry because their bodies are inefficient. They tire faster and have little stamina because they have no reserves to draw on. They also have difficulty in not only storing fat but building muscle. Their bodies may be likened to a malfunctioning engine which works harder than it should, eating up all available fuel, and not really getting anywhere. Eventually, that engine will blow out unless it is repaired.
There are studies that show that an abnormally high metabolism increases the risk of developing diabetes, heart problems, fatty liver disease, and cancer. If you are skinny because you have an overactive metabolism, consult with your physician to rule out any underlying problems.
In December of 2013, the brain behind a revenge porn website, was charged, not for sex crimes, but for extorting thousands of dollars from his victims, mostly females, whose pictures where indecently exposed in the website he created in 2012. The extortion charge was due to the amount he required from those posted in his website, for their pictures to be removed.
Revenge porn websites that contain nude photos or sex videos of former girlfriends or boyfriends which have been posted by their exes as a form of revenge for being dumped. Uploaded obscene pictures include the victim’s name and his/her city or state of residence; some pics even include the subject’s exact home address, contact number and place of work – information required by the site’s owner from those submitting videos and pictures for posting.
Links to the subject’s Tumblr, LinkedIn, Twitter, or Facebook account are also required by these sites, enabling them to link to the subject’s social networking profiles, so that when someone (friend, family, officemates, future employer, etc.) tries to access the subject’s social accounts, the first image that will pop in front of them is the posted nude photo of the subject: a very humiliating and degrading thing for the subject, definitely.
Bigotry and sexual harassment still fall short in describing what revenge porn really is. Many of the subjects posted have the life and confidence in them suddenly drawn out and replaced with humiliation, fear and misery. Those employed lost their job, while those hoping to finally land a job never got contacted again by their prospected employers. Many others received loads of texts messages and emails, all from strangers asking for sexual favors or making threats.
Revenge porn is illegal in New Jersey and California. Realizing too the tremendous ill-effects that the site can cause in its subjects’ lives, New York, Maryland and several other states have also began the process of drafting laws against revenge porn. Very recently, legislators from Pennsylvania proposed a bill that would make those guilty of “revenge porn-ing” be charged with second-degree misdemeanor, a crime that will require a maximum fine of $5,000 plus two years in jail.
In an article posted on its website, Kohler & Hart, LLP, a firm located in Wisconsin, says that a person who will be found guilty of a sex crime will definitely face very serious consequences, even long after he/she has already paid for the crime. A conviction will affect his/her employment, and will even make looking for a house to live in a challenging endeavor.
If given the chance to be heard and with a really strong defense, circumstances that seem as though they will inevitably lead to a conviction may be averted, or those who are convicted may be given only a minor punishment. All that is necessary is to find a really good criminal defense lawyer and tell him/her everything he/she needs to know which will have a bearing on the case.
Two things that are always required of drivers when driving are complete attention on the road and observance of all traffic safety rules – the very same things a driver would want all those sharing the road with him/her to observe. These are necessary if one wants to keep away from a car accident, which can definitely result to his/her car being wrecked and the possibility of severe physical injuries.
According to the National Highway Traffic Safety Administration (NHTSA), some of the most common errors that drivers commit on the road are over speeding, right-of-way violation, improper overtaking, tailgating, use of hand held phones or texting and driving while intoxicated. Detailing the circumstances surrounding each error plus the worst possible effect of each, the following are facts:
- Speeding: lessens the chance of the driver to have full and immediate control over his/her vehicle. This erroneous road behavior also increases the risk of death during a crash.
- Right-of-Way Violation: this involves failure to recognize the right of others to use of the road. Included in this are running red lights, making too wide turns, turning into wrong lanes, gridlock or blocking an intersection, failing to yield, not recognizing bicyclists’ or motorcyclists’ right of way, and so forth.
- Improper Passing: this usually results to head-on collisions, sideswipes or running off the road.
- Tailgating: following another car or worse, a truck, too closely will render a tailgater’s car not visible, resulting to tail end collisions during stops.
- Use of Handheld Phones or Texting: texting while driving has been illegalized by the government due to the great risk to accidents it entails. Using a phone takes one’s attention off the road for a couple of seconds – enough time to cause the driver to fail to notice another vehicle.
- Driving while Intoxicated (DWI): a crime in all 50US states, DWI offenders are exacted with heavy fines and punishment. It can also result to suspension of one’s driver’s license and the end of all driving privileges, unless the guilty drivers files an SR-22 form, also known as a Certificate of Financial Responsibility (CFR) form.
Whatever the cause of a car accident may be, whether a minor cut or a severe injury to a vital part of the body, the Sampson Law Firm believes that the person responsible for the accident has the legal duty to compensate his/her victim/s. This compensation should consider the cost of medical treatment needed by the victim, as well as his/her loss of income due to failure to return to work immediately. Often, a knowledgeable and experienced lawyer is needed to help the victim get the amount of compensation he/she rightly deserves. For those living in the East Texas area, contacting a Fort Worth Personal Injury Lawyer today will be able to guide you through your case.
Other than what the diagnosis is, patients’ inquiry to doctors usually center only on the frequency of medication intake or what nutritional diet to have (which many have no intention of following, anyway) to avoid a more serious illness. Bottom line actually is: once under the care of a doctor, patients believe they already are in good hands!
Many are not aware, probably, but medical mistakes can be committed even by the best doctors and nurses in the US. In fact, due to medical malpractice, not less than a quarter of a million people die annually, making it the third leading cause of death in America.
One example of medical malpractice is wrong diagnosis, which is failure to detect the warning signs of a more severe health condition, such as one leading to a stroke. A stroke can definitely be prevented, but only if its symptoms are diagnosed early and the patient given proper medication and advise, on how to effectively avoid it through proper diet, exercise and good rest. Failure to diagnose and treat it, however, may result to paralysis or even death.
Records from the American Stroke Association show that, every year, about half a million Americans suffer from a stroke; about 200,000 attacks have disabling effects, while about one third is fatal. The difficulty in determining the symptoms of stroke is due to its resemblance with other health issues, like diabetic hypoglycemia or severe migraine attack. However, with the presence of other warning signs, such as severe headache with unknown cause, dizziness, difficulty walking, loss of coordination or balance, difficulty understanding or speaking, difficulty seeing either from one or both eyes and weakness or numbness on one side of the body, it would not hurt if the patient will be required to undergo more tests if these will help determine his/her real condition.
Crowe & Mulvey, LLP, a firm based in Massachusetts, believes that the similarity of symptoms between illnesses cannot be an excuse for doctors to misdiagnose a certain illness, as this may lead to life-threatening situations for the patient. Given all the modern technologies around them which they can use to perform their work more effectively, doctors, according to Crowe & Mulvey, ought to be able to determine patients’ real illness, especially if the warning signs are manifestations of a stroke.
A stroke, also known as Cerebral Vascular Accident (CVA), results from the cessation of blood flow to any area of the brain. This may be caused by a blood clot in the blood vessels or by a clot from Cholesterol plaque. A major or large stroke is usually preceded and evidenced by a Transient Ischemic Attack (TIA), which medical professionals also term as warning or mini stroke. TIA symptoms typically last only for 20 minutes, since the flow of blood resumes afterwards. Tia symptoms, however, should not be taken lightly, and patients showing such symptoms should be given emergency care.