Premises Liability: Porch Collapse

Jul 29

Premises liability is a legal concept wherein a property owner can be held liable for the accidents, injuries, and deaths that have occurred in his premises, especially if negligence or recklessness has been involved. So, property owners should be responsible in the maintenance and safety of their premises.

One of the least talked about cases of premises liability is porch collapse, because it is not as common as, say, escalator and elevator malfunctions, swimming pool drownings, and fires. Still, according to the website of Habush Habush & Rottier S.C. ®, those who have been harmed because of porch collapse may have a legal option to take the property owner to court.

But how can a porch collapse? There are many ways how, and below are just some of the ways where the property owner can be blamed.

Poor Maintenance

Porches require maintenance, to ensure that they are in perfect condition to avoid defects and accidents. If a porch is not regularly inspected and maintained, it may suffer from the consequences of wear and tear, particularly the parts that are crucial for support, such as the posts, beams, ledger boards, and even the small ones, like the joist hangers.

Poor Support

Speaking of support, the porch can still collapse even if it is properly maintained if the support is not adequate in the first place. First, the foundation should be strong enough, so the property owner should hire a competent person who knows the building standards for these things. Second, the support systems, such as the components mentioned earlier, should be strong enough to accommodate a specific weight limit that a property owner should comply to.

Overloading

A porch that has a strong support and adequate maintenance is still prone to collapsing accidents if the property owner does the most negligent thing he can do – putting too much weight on the porch. This is the most negligent because it is a problem that is often self-inflicted. A property owner should know the limitations of his porch and should be cautious in putting too much items on it. This can put too much pressure on the porch, so the porch may give in and, at worst, cause an injury to an innocent person.

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What to Do After a Drunk Driving Accident

Jun 25

You are driving carefully when a vehicle from the opposite direction suddenly veers into your lane and crashes into you. This may result into injury, property damage, and worse, financial damage associated with medical bills, repair costs, and lost time at work.

The accident may be understandable if the driver who has caused it has had a legitimate error, but it is not if the driver has been reckless, like when he is driving under the influence of alcohol.

Take a deep breath

After the collision, take a deep breath and try to relax, because having a relaxed body and mind will prevent you from being aggressive towards the driver. It will also help you judge the situation better and act accordingly.

Check for injuries

Once you have calmed down, check yourself for possible injuries. You may not immediately feel the pain because of adrenaline rush. You should also check your passengers if anybody of them is hurt.

Check for damages

This is the time where you start alighting the vehicle and assess the situation. Look at your vehicle if it is damaged. Look at the road and other properties that may have sustained damage, including the other vehicle involved in the accident.

Communicate with the driver

Approach the driver and check if he is also hurt. Get relevant information about the driver, such as his name, address, and phone number, so you can contact him in case you need to. If he is too intoxicated to communicate, stay put.

Call the authorities

Ask for assistance to the local police and fire department. Even if there are no apparent injuries, it is a good idea to call an ambulance so you and the others can be medically assessed.

Cooperate with the authorities

Wait for the authorities to arrive. Leaving an accident scene, especially one that involves injury, may make you viable for a hit-and-run case. Once the authorities arrive, explain your side of the story.

Take pictures

Bring out your phone or your camera and take pictures of the accident scene on all possible angles. You can use these to know what really happened, who is really at fault, and as a complementary material for a possible lawsuit.

Get an attorney

You should consult with an attorney so you can know the legal options you can pursue, especially if the other driver is obviously at fault, like when he is obviously intoxicated. According to www.portalelaw.com/practice-areas/dwi/, drunk driving charges can be defended, so the drunk driver will likely seek legal representation as well.

 

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Medical License Suspension

Mar 12

Common Reasons for Medical License Suspension

You have worked long years to get your professional license, and that license may be the very thing that holds your financial security and your family’s future. The possibility of losing it is scary enough, more so if you are already in the middle of defending it against suspension. There are many legal professionals in Texas that can help you, such as the professional license defense attorneys of Leichter Law Firm.

But when you think about it, nobody wants to get involved with all the legalities of defense. So the best thing to do is to avoid practices that may get you in trouble. Some of the most common practices that may warrant an investigation or suspension include the following:

  • Abuse of alcohol, drugs, or other substances that may cause impairment
  • Association with another person whose license has been cancelled, suspended, or revoked
  • Continuous practice despite invalid or suspended license
  • Conviction of a crime, whether it is related to the profession or not
  • Deceptive claims of field superiority
  • False documents presented upon license application or renewal
  • False or wrong prescriptions, including of illegal drugs
  • Impersonation of another medical professional
  • Medical malpractice, especially if it is recurring
  • Misconduct towards a patient, including physical and sexual abuse
  • Physical or mental conditions that may significantly affect practice and skill efficiency
  • Violation of safety procedures and practices
  • Violation of the Texas Medical Board

If you have been proven to be guilty of at least one of these violations, you may be at risk of having your license cancelled, suspended, or revoked, depending on the gravity of your violation. Since we are talking about not just your financial future, but also your reputation, family security, and future employment opportunity, it can be very difficult to deal with.

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Bankruptcy

Mar 11

Alternatives to Bankruptcy

Sometimes bankruptcy is inevitable, and that is why there are many legal professionals that can help you file for one, such as Erin B. Shank, P.C. But also sometimes, there are alternatives that can be better options than filing for bankruptcy.

Negotiating debts

If you think you are on the brink of bankruptcy, sometimes the best option is negotiating with your creditor. You can have a debt consolidation plan to turn your debts into a single loan with a monthly payment, which somehow reduces the pressure of paying because of lower interest rates. You can also go with debt settlement, where you and your creditor can have an agreement on a reduced payment plan schedule.

Selling assets

Before filing for bankruptcy, it is also a wise option to liquidate your assets and consider the possibility of selling them, to pay off debts as soon as possible. These assets may include cars, houses, lands, jewelry, and other items that you may be willing to give up so you can stay financially afloat. This may not give you a significant amount of cash to pay off everything, but it provides you a cushion.

Borrowing money

If you are about to be bankrupt, it is not shameful at all to ask your family and friends for financial help. They may be the very people who can save you from all the hassles bankruptcy can offer. But before borrowing money from a trusted contact like a family member or a friend, make sure if it is an option that can actually solve the problem, and not just a temporary solution that may end up putting you on greater financial burdens. Also, consider the ways of how you are going to pay them back.

Adjusting your spending habits

It is obvious that you can save money by limiting the money you spend through lifestyle and operation changes. The first thing you need to do is liquidate your expenses. Determine the areas that can afford cutbacks. For individuals, this may include credit cards, movie tickets, and restaurant bills. For businesses, this may include operation costs. Once these areas have been determined, set up a plan to reduce their costs or completely eradicate them.

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Insurance Bad Faith

Mar 10

Signs of Insurance Bad Faith

People pay good money for insurance, but sometimes insurance companies don’t want to give their rightful policyholders the benefits they deserve. This is called insurance bad faith. It is a good thing that there are legal professionals out there that specialize in this kind of cases, such as Smith Kendall, PLLC.

But before getting legal help, it can also be beneficial for you to know the signs of insurance bad faith, so you can determine the right time to get assistance. Below is a list of signs you should look out for, to determine whether your insurance treating you in bad faith or not.

Looking for reasons to deny benefits

Even after you have submitted your hospital bills, vehicle repair costs, and other expenses that are under the insurance agreement, the insurer still has the tendency to question their validity. Most of the time, the insurance company is just looking for a reason to deny your insurance claim.

Delaying of investigation

Insurers have the responsibility to investigate the factors of your claim in a timely manner. Unnecessary and unwarranted delays in the investigation process may result in huge financial losses for your part. What makes it worse is the fact that you are the one paying the insurer, and they have the audacity to delay the benefits you deserve when you need them the most.

Making unnecessary demands

Another tactic to delay the process of insurance payments is the demanding of documents, reports, and other papers that are unnecessary to the insurance claim investigation.

Cancelling or changing of policy

If you insurer has cancelled or changed your policy without due cause, especially after the claim has already been filed, you may be looking at an insurer that is acting in bad faith. They cancel your policy to prevent you from getting anything, or they change it to deny or limit the compensation you are eligible to have.

Failing to pay on valid claims

Sometimes, even valid claims can be denied by the insurer so they can save money. This practice exists because other policyholders just move on after a denied claim. But it is important to point out that a denied claim can be challenged, so you can get the proper compensation you deserve.

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Car Crashes Prevention

Mar 09

How to Prevent Car Crashes

Car accidents are some of the most tragic things one can experience. It can result in serious injuries, which may even permanently change your lifestyle. It can result in property damages, lawsuits, and other expenses. In fact, car accidents are taken so seriously that there are legal professionals who specialize in them, such as The Law Offices of Mark T. Lassiter.

To prevent the hassles of medical bills and attorney fees, preventing car accidents altogether is the best idea. Below are things you can do to prevent yourself from getting into road accidents.

Focus on the act of driving

According to the website of the Houston personal injury attorneys of Williams Kherkher, one common cause of car accidents is distracted driving. Anything that puts your eyes off the road, your hands off the wheel, your foot off the pedals, and your mind off the act of driving is a distraction. The most common distractions are mobile phones, food and drinks, and daydreaming.

Follow traffic rules

This may look like an obvious advice, but there are still a lot of people out there who don’t follow the rules of the road. They run through red lights and stop signs, fail to yield right of way, drive in the wrong direction, and don’t follow speed limits. Also avoid reckless behaviors like driving under the influence of alcohol or drugs, speeding, tailgating, and weaving.

Be mindful of the others around you

You are not the only person on the road. There are other vehicles, motorcycles, bicycles, and pedestrians that you may collide with if you are not taking them into consideration. Always know the position of the other motorists around you to avoid accidents. Of course, you should also make your position known to others by being in the proper lane and signaling whenever you are maneuvering and turning.

Take care of your vehicle

According to an auto accidents article from the website of Chris Mayo Law Firm, car defects and malfunctions are one of the most common causes of crashes. Defects may involve airbags, brake systems, child car seats, seat belts, tires, and other vehicle parts and equipment whose defective nature can potentially injure or kill someone. These defects and malfunctions can result from poor maintenance of the vehicle or negligence on the part of the manufacturers.

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Bard G2 IVC Filter Dangers

Feb 23

Inferior vena cava filters, more commonly known as IVC filters, are medical devices that are implanted to the body to catch blood clots before they reach the heart and lungs and cause further complications, such as pulmonary embolism.

One of the known filters today is called the Bard G2 IVC filter. But it is important to note that this kind of filter is not perfect, as there are documented complications that arise from defects and other problems from these medical devices.

Bard G2 IVC filters are still produced today, putting people at risk of the problems they may cause. In fact, the issue is serious enough that it is being discussed no just by medical professionals, but also by legal professionals, such as the Bard G2 IVC filter lawsuit lawyers of Habush Habush & Rottier S.C. ®.

Device Migration
One of the most common dangers associated with Bard G2 IVC filters is the migration of the device into another area. This can be dangerous especially on instances where the device has migrated to a spot where it cannot be easily removed. This may also result to long surgery times because of how difficult the device can be retrieved. If the entire device can migrate to another area, it is also possible for its parts to detach and migrate as well.

Perforation
The Bard G2 IVC filter has a spider-like form, meaning that its legs can pierce blood vessels, tissues, and even entire organs. This may cause further complications, and it is ironic that a medical device meant to prevent complications is the very thing that is causing them. This may result into internal bleeding, hemorrhage, severe pain, and additional blood clots.

Filter Fracture or Breakage
The device also has the chance to break off, particularly its spider-like legs. These legs can migrate to different body parts or pierce tissues. Due to the dangers of breakage, it is recommended to remove the device itself after the risk of blood clots have subsided.

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