Harming Children through Toys and Food

According to Georgetown personal injury lawyers of Evans Moore, “Dangerous and defective products exist everywhere in our society. Every week the U.S. Consumer Products Safety Commission recalls about five dangerous and defective products. On an annual basis, the products safety commission recalls more than 200 defective products. And yet, there still remain many, many dangerous products that are never recalled. Sometimes the most dangerous and defective products are the ones that are never recalled and no substantial notification or warning is given to anyone.”

According to the National Electronic Injury Surveillance System of the U.S. Consumer Product Safety Commission (CPSC), in 2005, toy-related injuries were 202,300, while the number of toy-related deaths was 20. In 2011, after just six years, the number of children who received treatment in emergency departments due to a toy-related injury jumped to three million. It is frustrating to see that the number of children getting injured due to toys and other children’s products keep on increasing (every year) rather than decreasing.

The leading causes of injuries and deaths among children are suffocation, drowning, choking, poisoning and falling from riding toys or non-powered scooters. Though the ones at the highest risk of being injured are children aged five or below, all children are essentially not safe if they are not properly supervised by their parents or guardians. It is important that parents and guardians understand their responsibility in making sure that children know how to use toys properly so that injuries may be avoided. Injuries sustained by children are usually to the head, face, eyes, neck and other sensitive parts of the body,

Bruises, lacerations, and other kinds of injuries are immediately obvious; some, however, despite causing more harm, have effects that become manifest only after some time, when the damage they have caused inside the body is already widespread or injurious enough for the body to still fight it off. Some of these products include the food we eat – food that contain additives and genetically-engineered ingredients, which have already been banned in other countries, but continue to be sold and eaten in the U.S.

One example of serious food poisoning is the listeriosis outbreak in 2011 is. This outbreak caused 30 deaths, 1 miscarriage, besides infecting 146 people. There are so many other ingredients that manufacturers mix with the food children love to eat. Though these ingredients will not cause immediate harm, their effects slowly destroy the health of children.

Urging the Consumer Product Safety Commission to recall these harmful products and/or filing lawsuits against the manufacturers of these products should be pursued by parents to make sure that these manufacturers never get the chance to earn profits in expense of children’s safety and health.

How to Stay Safe While Riding Your Bicycle

A fast growing trend among thousands of Americans is riding a bike for a morning exercise, to run an errand or head down to work. This is simply more fun than taking a public transport. However, when riding a bike, one should blend into the flow of the traffic and should never zigzag along roads, go from street to sidewalk or weave between parked cars. Bicyclists should never make their own road rules, otherwise, in the event of an accident, they may lose their right from receiving compensation as the accident would be due to their own acts of negligence and irresponsibility.

Some expert bikers have shared useful information on how riding a bike can be a safe activity. According to them:

The safest way to ride a bike is by being part of the traffic and not by riding on the right edge of the road, very close to the gravel shoulder, as this may be covered with sand or other debris that can cause you to fall;

One should ride on the right side of the street, at least three to four feet from the gravel shoulder. Along this path, other drivers, even pedestrians, will easily see you. Traffic is also slower at the right side of the road, so this will be a safer path, than at the left, where vehicles run faster;

One should ride at least three feet away from cars parked at the side of the street. This is will keep you safe from car doors suddenly being opened or from cars starting and trying to merge back into the flow of traffic;

When riding downhill and your bike begins to run as fast as cars, ride in line with them. Pull a bit to the right, when you begin to fall behind. When passing a car, however, make sure that you pass on its left side; a driver normally expects to be passed on its left side; and,

At a red light or at stop signs, stop behind the car that is already stopped awaiting the green light. Never stop at its right side (especially if it’s a truck instead of a car) as it may crush you if it makes a right turn.

According to the law firm Pohl & Berk, LLP, reckless drivers pose a constant threat to the safety of cyclists, especially those who run red lights or stop signs, fail to check blind spots, swerve into the bicycle lane, fail to yield the right-of-way to pedestrians and those who speed through areas of heavy foot traffic.

There are many precautions bikers should observe when riding, especially at night. However, there is no safer and smoother way ever to ride than by observing traffic safety rules and riding with the flow of traffic. Riding this way is also a guarantee that, if ever an accident occurs, your personal injury lawyer will be able to fight for your rights and earn for you the maximum compensation that the law allows, since you will clearly be without fault in the accident that occurred.

Ways Sexual Battery May be Committed

Sexual battery refers to any form of unwanted or non-consensual touching or sexual contact, but without involving sexual intercourse or penetration, which is the basis of a rape case. In a number of states, sexual battery is defined as criminal sexual contact which can be committed in many different ways, including patting a person’s buttocks, grabbing or fondling a woman’s breast, forcing a kiss on the mouth, touching the victim’s genital area, or the offender forcing his/her victim to touch an intimate part of his/her body; these acts are committed by an offender for the purpose of arousing or sexually gratifying himself/herself.

The most common victims of sexual battery can be an offender’s relative, classmate, neighbor, acquaintance, co-worker, friend, dating partner, or spouse. As explained in the Horst Law website, while this offense is a Class E felony that has a mandatory minimum prison sentence of a single year, the charge can be elevated to an aggravated form if it is alleged that the defendant committed the offense while using a weapon as a means of force or coercion, caused bodily harm, engaged in the offense with the help of another person, or if the victim is less than 13 years old.

Sexual battery, in some states, is considered a capital felony if the offender is 17 years old or above and if the victim, who is below 12 years old, suffers injuries on his/her sexual organ. Capital felony is punishable with life imprisonment or death.

In any type of sex crime, lack of consent is a decisive component. Sexual conduct is only considered a crime if contact is not consented to; this includes contacts made on a person who may be incapable of consent or whose mental capacity to consent is diminished. Those deemed as incapable of consent include minors, who are below are 14, regardless of their capacity to understand the act or their ability to refuse. Additionally, sexual contact with any of the following people is a crime due to their lack of capacity to knowingly consent:

• A developmentally disabled person;
• A person who is mentally ill; and
• A person who may be drugged, drunk, or unconscious.

Slip And Fall Accidents – An Overview

One of the main issues tackled in a premise liability claim is slip and fall. In premise liability laws, property owners have the responsibility to keep their surroundings safe. Slip and fall is just one of the many accidents that can happen in an unsafe premise. When an individual slips or falls and suffers an injury, you may have a case against them. Slip and fall is covered on a broader category of case known as “premise liability.”

According to the website of Mazin & Associates, PC, property owners can be held liable for slip and fall accidents. Property owners have a duty of care to individuals who visit their premises. However, determining fault can be harder than you think. It is not all the time that the owner will be responsible for slip and fall accidents. In reality, it is everyone’s job to ensure the safety of their premises. Proving slip and fall liability centers around the reasonableness of the property owner’s actions.

When it comes to slip and fall accidents, one question that should be answered in the case is “Could the accident have been avoided?” If you slipped because the roof was leaking causing slippery conditions, the property owner may not be responsible for the injury that you incur if there was a drainage grate for limiting slippery conditions. Still it is the job of the property owner to take reasonable steps in ensuring that their premises are free from any dangerous conditions.

Most states adopt the rule of comparative negligence when it comes to slip and fall accidents. So if you were partially responsible for your accident, the amount that will be awarded to you may be reduced. So it is important to have a competent and experienced lawyer to defend you during the trial. They know their way around these cases and will know what to do to ensure you get properly compensated.

Constructon Site Dangers & Accidents

Sixty-year-old Winchester, Massachusetts resident and Woburn-based construction company employee Paul Troisi lost his life on Wednesday, May 4 at around 9 a.m. in Phillipston when a bulldozer backed over him and a steel bucket him him in the head at a construction site of a town park behind a police station.

Troisi was declared dead at the scene of the accident, according to a Worcester district attorney’s office spokesman.

Police officers are saying that the preliminary investigations indicate the case as being a workplace accident, but that they have yet to make a conclusion on the matter. Prosecutors also don’t find Troisi’s death “suspicious”.

Attorneys at Crowe & Mulvey, LLP say that of dangerous working environments, construction sites can be considered the most dangerous, and accidents that occur in these workplaces are the most rampant in the United States. Some factors that contribute to this conclusion include workers having to work at dizzying heights; workers having to maneuver loose scaffolding and cave-ins; workers having to deal with dangerous machinery that can cut them, burn them, or fall on them; and workers having to ingest some toxic chemicals that are present in an everyday capacity at their place of work, among others.

Some of the more specific construction site accidents include electrocution. This is a major onsite hazard, because construction sites are never withour electrical wiring which can be found while making buildings or houses. Instances of electrocution can be avoided if wires in a construction site are all properly labelled and are placed in an area without much foot traffic, electricity is turned off when not in use or when crewmen are in danger of being near a high voltage area, and crewmen are informed as to where the power lines are placed in an area.

To prevent massive injuries in the case of falling debris or falling tools, it is imperative that all crewmen wear hard hats, especially if one is working below a high-risk construction site. For construction workers working above the cobstruction site, they should always use guard rails for their safety, watch their step at all times to prevent themselves from falling, and place tools and machinery in their proper places so as to prevent such items from falling down and injuring people below them.

Sexual Abuse in Nursing Homes

Everybody may get old, which explains why it’s of paramount issue that a disturbing quantity is of elder sexual abuse in assisted living facilities. For a lot of aging Americans, nursing homes would be the useful option, especially when conditions that will need continuous oversight accompany aging. It truly is estimated that by 2050, 6.6 million Americans may be nursing home residents. Each year, up to 2 thousand older mistreatment cases is considered to occur, the most heinous of which is rape. Identifying the risk for older sexual abuse in nursing facilities will help prevent this from occurring to somebody you know.

Elder sex abuse in the nursing home is the least noted of elder mistreatment. Based on the website of Habush Habush & Rottier S.C. ®, it is chiefly because the casualty is frequently unwilling or unable to record it and when they do, they’re frequently disbelieved or disregarded unless severe harm or death happens. The staff knows those occurrences but do not have it or knowledge to properly manage the situation although oftentimes.

It offers physical touching of any sort, unplanned sexual assault nudity, sexual assault, sodomy and shooting of sexually explicit photographs or videos.
Individuals in danger for elder sexual abuse in nursing facilities are of both sexes, even though a smaller proportion are of sufferers that are male. Nursing homes with a large resident population with dementia along with a citizen that is reduced to staff ratio may possess incidents of elder sex abuse. The lower the victim’s psychological ability, the more invasive is the assault.

Nursing homes are facilities of attention, and, therefore, have a responsibility to protect the residents from damage. The failure to avoid expected elder sex abuse or to record it to the correct regulators might leave the facility responsible for personal injury statements together with criminal charges.

Outbreaks on Board: What You Need to Know About Norovirus

Cruise vacations can very well be the stuff of dreams to many travelers. As they’re whisked from one destination to the next, cruise ship passengers get to enjoy luxurious accommodations and state of the art facilities to while away the time out in the open sea. However, as with any mode of travel, cruise ship passengers should not ignore the fact that there are certain risks involved in even the most comfortable vessel. One of the growing concerns regarding cruise ships is the outbreak of certain diseases on board. Considering that there are thousands of people on board this one vessel, illnesses can easily spread and cause serious issues among passengers.

One of the outbreaks reported to typically happen on cruise ships is the spread of the Norovirus, a common and highly contagious virus that is known to cause gastroenteritis. Norovirus outbreaks are common in are close quarter areas with huge populations. Aside from cruise ships, outbreaks usually happen in places like dormitories, hostels, and even nursing homes.

The Norovirus spreads through contaminated food and water, as well as through physical contact between infected individuals. Something as simple as shaking hands with someone who is infected by Norovirus could be enough to pass the virus on. Other activities that facilitate contamination include caring for an individual sick with the virus, sharing food and drinks, using the same utensils, and failing to wash one’s hands regularly.

According to this website by the Vucci Law Group, the nanovirus can cause symptoms that can quickly become alarming and uncomfortable while on board a cruise ship. These symptoms include vomiting, diarrhea, nausea, stomach cramping and pain, headaches, and body aches. While passengers who get sick with these symptoms can easily recover after 1 to 2 days, the fact that it’s contagious and can easily be transferred between individuals is extremely alarming. One sick passenger can cause an outbreak that will affect the thousands on board the cruise ship.

Where to Eat When in Nashville

One of the best ways to enjoy a new place is by experiencing its local cuisine. An adventure is never complete without getting a taste of what locals eat and enjoy. When visiting the Music City, you can start your gastronomic adventure by visiting some of the most treasured restaurants in the area. The following is a list of places you can eat when navigating through Nashville, Tennessee.

Loveless Café

Loveless Café is something of an institution in Nashville. In fact, people who have never been to Tennessee are likely to have heard of the homegrown Southern cooking featured in this diner. Loveless Café is famous for its brunch meals, particularly its world famous biscuits. However, it also offers a wide variety of Southern delicacies like pork chop, country ham, fried chicken, catfish, and a delectable pie for dessert. Loveless Café is on Highway 100.

Prince’s Hot Chicken

The hot chicken is a Nashville specialty and the best place to enjoy it is a hole in the wall that has been serving hungry patrons for over 70 years. Prince’s Hot Chicken offers chicken that has been seasoned with a special cayenne-based paste that packs intense heat and flavors. You can find it along Ewing Drive.

Arnold’s Country Kitchen

Arnold’s Country Kitchen might not be the most glamorous dining choice, but it is another Nashville culinary institution that visitors should not miss. The cafeteria-style meat and three boasts food offerings made from local ingredients. You can expect to be served the best of Southern cooking at 8th Avenue South.

Margot

Margot is a casual fine dining restaurant in East Nashville. It is owned by one of the most notable local chefs in the area, Margot McCormack. The menu, which is switched up every day, features country delicacies with French and Italian inspirations like braised rabbit, bruschetta with caramelized onion and goat cheese, and steak and eggs.

Capitol Grille

Capitol Grille is another fine dining option for visitors looking to sink their teeth into classic Southern delicacies. Found in the historic Hermitage Hotel, the restaurant is currently run by executive chef Tyler Brown who makes sure that his kitchen produces dishes made from the freshest local ingredients.

Negligence resulting in Nursing Home Abuse

The elderly are usually physically delicate, and falling from a relative low height can cause fractures and other injuries. Nursing home staff members are supposed to prevent residents in their care from such incidents. In most jurisdictions, failing to adequately monitor and assist residents may constitute nursing home abuse due to neglect.

Many nursing home residents are put there to make sure that they are safe. It is the duty of nursing home facilities to ensure that the property is a safe environment for the elderly to prevent falls. Staff members are also supposed to be trained in fall prevention techniques and to always keep an eye on their charges whenever they are up and about.

In far too many cases, however, both nursing home facilities and staff fall short of their duty of care.

The Centers for Disease Control and Prevention (CDC) report that resident of nursing homes are more likely to be seriously injured, disabled, or die as a result of falls than those who are living in their own homes or in a regular community. The higher risk of falling in nursing home residents may be due to progressively weaker muscle tone because of lack of exercise, a side effect of the medications they are administered, ill-fitting footwear, or an unsafe living environment such as steep stairs, sharp table edges, high beds, or slippery floors.

According to the website of Pohl Berk, injuries sustained in a fall are poorly assessed and managed in many cases. This can lead to complications that can escalate to serious consequences for an enfeebled constitution, which is prevalent among the aged.

There is no excuse for these falls. Many are preventable if nursing home staff and health professionals observe a minimum attendance to their duties. If you or an elderly loved one sustained a preventable fall that led to serious injury, it is your duty to bring it to the attention of the proper authorities. You may also be eligible to get compensation. Consult with a nursing home abuse lawyer in your area for more information.

Age Discrimination in Employment Act of 1967

In 1967 President Lyndon B. Johnson signed into law the Age Discrimination in Employment Act (ADEA), which prohibits forbids employment discrimination against anyone aged 40 or above. This law is mandated on employers who have, at least, 20 employees. Through ADEA, the following are, likewise, prohibited:

  • Discrimination against job applicants and employees in hiring, wage, job promotion, termination of employment and layoffs
  • Mention of age preference and limitations in job advertisements
  • Denial of fringe benefits to older employees

ADEA addresses the problem of age discrimination that has been prevalent for so long. This age-old concern of the

US Equal Employment Opportunity Commission (EEOC) partly stems from employers’ belief that older workers are usually over-qualified, harder to train, are not as agile and active as younger individuals, and are prone to bailing out as soon as a better job offer is given them.

According to the website of employment law firm Cary Kane, LLP, besides prohibiting discriminatory acts based on age, ADEA also prohibits harassment of older employees, which may be committed, for example, through offensive and/or unpleasant remarks regarding a person’s age. While simple and light teasing are not prohibited by any law, these acts, if done frequently and result to the creation of an offensive or hostile work environment, lead to unfavorable employment decisions, such as demotion or firing of the older employee, can be considered harassment and, thus, a violation of the mandates of ADEA.

In cases wherein a job advertisement specifies an age limit, resulting to the actual hiring of a younger individual instead of an older applicant, so long as age is a “bona fide occupational qualification” (BFOQ) for the job, such as a young adult role in a play, then the inclusion of the age limit and the hiring of the younger applicant become legally acceptable.

There are many employers, however, who persist in their practice of hiring younger job applicants and, thus, may be committing a violation of ADEA in the process. Those who feel and believe that they have been discriminated due to their age can seek legal advice to correctly determine if they, indeed, have been subjected to such discriminatory act.