Toxic Exposure in the Workplace

Mar 03

Chemicals and other toxic substances may inflict injuries to individuals who are exposed to them. There are even instances where the exposure leads to death. The demographic that is most vulnerable to toxic exposure and its effects is the working class, particularly the workers in inherently dangerous work environments, like those from the industries of construction, manufacturing and mining.

According to the website of the Goings Law Firm, LLC, these victims may be entitled to compensation, especially if the exposure is the result of someone else’s negligence.

Most Common Conditions Associated with Toxic Exposure
Getting exposed to certain materials or too much exposure to them can result into medical problems, such as the following:

  • Brain damage
  • Burns
  • Cancer
  • Eye problems
  • Lung disease
  • Rashes and other skin injuries

Common Issues in Toxic Exposure Claims
Usually, victims and their legal representatives should prove four things to make their claims viable. Such as the following:

  • Proof that the negligent party has a legal duty – The party being sued should be proven to have the legal duty concerning the victim’s safety, which can be very easy to prove if the said party is a work company. These companies are legally obligated to ensure the safety of their workers, by giving them adequate safety equipment, enforcing safety regulations, and making sure that the workplace is in a relatively safe condition.
  • Proof that the legal duty has been compromised – Breach of duty can also be very easy to prove, and the most common reason is negligence. Negligent acts on the side of the employer, such as failure to provide the proper gears for workers who are exposed to toxic materials, illegal dumping of chemicals, and illegal usage of substances that are known to cause health complications, are enough grounds for breach of duty
  • Proof that the compromise has caused you harm – The breach of duty should be proven to be the cause of injuries or other health complications on your side, such as eyes problems, lung diseases, skin problems, and even cancer.
  • Proof that the harm has caused you suffering – You should also prove that the injuries and health complications have caused you unnecessary burdens, such as pain and suffering, medical costs, lost time at work, and compromised general enjoyment of life.
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The Threat of Defective Seat Belts

Oct 12

Of the more than five million vehicular accidents all across the U.S. in 2012, more than 2 million drivers and passengers required treatment in emergency departments, while more than 30,000 lost their lives. The Centers for Disease Control and Prevention (CDC) believes that if only all drivers, who got involved in accidents, wore a seat belt, then the number of injuries and deaths could have been cut by at least half.

A seat belt is a crash-safety device that keeps vehicle occupants from sustaining serious or fatal injuries during crashes. It is designed to prevent their bodies from colliding into a vehicle’s hard interior surface or with another passenger, or from being thrown out of the car. To be truly effective and, so, be capable of providing the protection it is intended to provide, a seat belt should be a combination of shoulder and lap belts.

Seat belts have kept drivers safer since the 1950s. There are times, however, when these fail to totally immunize anyone from getting injured, like when the force created during impact if very strong (such as the force created upon the collision of two speeding vehicles) or if there is a defect in design or material of the seat belt. In these situations, rather than save lives, it can even be the cause of serious injuries or even death.

In 1995, as many as 8,428,402 vehicles in the U.S. that have been equipped with seat belts from Takata Corporation of Japan were recalled were recalled. The seat belt’s buckle was discovered to be latching and then automatically releasing, releasing during accidents, or failing to latch. In November of 2015, Tesla Motors Inc. also decided to recall its entire all-electric Model S fleet due to a single incident wherein its sedan’s seat belt assembly broke. Besides these two flaws in design or material, some of the other defects that were commonly reported about seat belts included:

  • Lap-only belt designs. Lap belts never really did a good job of providing protection; these rather caused more injuries and death during accidents;
  • Ripped or torn webbing. Seat belt webbings are strong and do not rip or tear easily. Poor material or flaws in weaving, however, can render the webbing to be less strong than it should be; and,
  • False latching and inertial unlatching. This happens when the latch plate feels and appears latched when, actually, it is not. Even the least amount of force can cause a falsely latched buckle to release the latch plate.

Defective seat belts can only be the result of an error committed because of carelessness or negligence. Due to this, what has been intended as a safety device has, instead,become a threat to life. Defective seat belts are products of negligent manufacturers and, under the tort law, innocent victims are given the right to seek compensation from parties whose actions unjustly cause injuries to others.

Car defects and malfunction lawyers from the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., hold auto manufacturers fully responsible for the dangerous products they distribute. Thus, if injuries are sustained due to these defective products or, worse, if these cause death, then the victim or his/her family should never delay pursuing a legal action against the liable manufacturer.

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Prenuptial v. Postnuptial Agreements

Jul 01

For many people, prenuptial agreements (or “prenups,” as they’re so commonly referred to) are the epitome of the death of romance. They can cover anything from how property should be divided up upon divorce to guidelines on the maintenance of a partner’s physical appearance. However, even more unromantic–read: practical–is the post-nuptial agreement.

According to Holmes, Diggs, Eames & Sadler, much like a prenup, a postnup covers the division and settlement of child custody, debts, assets, stocks, inheritance, and alimony. The only large difference between the two is that post-nuptials are decided on after the marriage has already occurred. For some couples, this might mean they just didn’t have enough time before the wedding to meet with attorneys and decide on the terms of their potential divorce. For others, post-nuptials are a saving grace, an attempt to revive the marriage and right any wrongs that have occurred. For the rest, a postnup might not even be necessary until an event–such as receiving a large inheritance–makes it necessary.

Postnups are relatively new on the scene. With the ruling on the Defense of Marriage Act in June of 2015, many LGBT couples are signing into postnuptial agreements after the flurry of excitement to make their union official. In order to protect their finances and property in the face of pioneering legislation–and therefore uncharted legal territory–many couples see postnups as a means of protecting themselves less from one another and more from the government. Even for heterosexual couples, postnuptial agreements may become more appealing once children become a factor in the marriage. Having a set of rules for custody, child support, and visitation makes the divorce process much smoother and makes the transition for the family much easier.

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What Are The Benefits of Assisted Living?

Feb 15

They say life is a never-ending struggle, like the curse of Sisyphus and his eternal struggle of rolling a boulder up a hill only to have it roll back down over and over again. It’s an acceptable allusion to the human condition as, often, people struggle to achieve something only to have to struggle once again to another. Again and again and again does the boulder roll, and this does not stop until one gives in to the grave and there’s nothing else to roll.

And so, as one can probably surmise, struggling to live is difficult when one is of a certain elderly age. Though people age rather differently, depending on their lifestyle, it is to be expected that most are of a weakened constitution. It is only human, after all, to age. Bones just aren’t the same after a certain age and some medications become necessary on a day to day basis. One viable long-term option of care is that of assisted living.

SeniorAdvice.com cites the Assisted Living Federation of America (ALFA) to define assisted living as “long-term care option that combines housing, support services, and health care, as needed”. This could mean but a slight change from the day to day of the elderly person involved, only they now they have someone to care for all the things that they don’t have to or may possibly not be able to care about due to mental or physical strains.

Needing a bit of help once one has reached a certain age is nothing to be shamed about and the option of assisted living allows for one to live their remaining years happily and comfortably, as is due to them. If you want to know if assisted living would be the best suitable option, considering your circumstances, it is advisable to seek a consultation with professionals in order to be properly and efficiently guided.

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How the VW Scandal Began with a Small Research Team

Sep 27

The Volkswagen emissions fraud has rocked the automotive world as one of the biggest scandals in history. Volkswagen admitted to installing illegal devices in their vehicles that would cheat emission tests in order to pass diesel levels, while the actual numbers were up to 40 times the legal amount for vehicles. The company is facing billions in fines and class action lawsuits from owners of the affected vehicles. While it was originally reported that 400,000 vehicles were affected by the lawsuit, VW admitted to installing 11 million vehicles with the illegal device, according to the website of the Driscoll Firm. Although the scandal has gone worldwide, many are unaware of how the scandal started.

Back in 2012, the International Council on Clean Transportation noticed discrepancies between Volkswagen’s diesel tests in Europe. In order to perform tests of their own, the council gave a $50,000 grant to a small group of researchers at West Virginia University. While the VW vehicles had passed official tests, the West Virginia research group reported up to a 35 times difference between the expected diesel emissions and their real-world findings while driving the vehicles. After the data became public, the California Air Resources Board and the Environmental Protection Agency began to investigate the matter. VW first reported the discrepancies were due to a technical issue and only admitted to their cheating after the EPA threatened to stop selling their clean diesel vehicles in 2016.

The Volkswagen diesel cheating scandal has drastically affected the company, with the CEO resigning and the company stocks plummeting 30 percent. The company potentially faces $18 billion in fines on top of the $7.3 billion it has already set aside to deal with the scandal, a figure that is larger than half of the company’s yearly profits. While the company has publicly apologized, the future of their clean diesel vehicles is unclear.

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