The Highway Safety Act of 1970, which established the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), also gave the NHTSA the authority to issue vehicle safety standards and to require manufacturers to recall vehicles that have safety-related defects or do not meet Federal safety standards. This authority has, thus far, resulted to the recall of 42 million child safety seats, 46 million tires, 66 million pieces of motor vehicle equipment, and more than 390 million defective cars, trucks, buses, motorcycles, mopeds and recreational vehicles.
Since the 1970s, the yearly total of fatal motor vehicle accidents in the U.S. has been very significantly reduced – from more than 50,000 to a little more than 30,000. This number, however, is still high, considering the fact that more than 90% of fatal traffic accidents, based on studies by the NHTSA, is due to driver error. The remaining percentage is blamed on faults committed either by those assigned to construct and maintain roads, highways and bridges, or manufacturers of vehicles.
Defective vehicles, as well as defective vehicle parts, threaten the safety of everyone on the road. Though millions of recalls continue to be made every year, majority of these involve only minor issues and a simple repair-and-replace maneuver can solve the issue. However, there have been recalls due to vehicles or vehicle parts which have caused serious injuries and deaths. A number of these recalls include the following:
Suspension bolt coming loose and disabling the steering column. About 5.8 million General Motors cars owners were affected by this defect in 1981.
Fuel lines that cracked and spilled gasoline onto the engine, setting the vehicle on fire. About 11,500 Ford Escapes needed to be recalled by Ford Motor Company.
Car ignition starting up by itself. This ignition device was equipped into 7.9 million Ford vehicles manufactured between 1988 and 1993. There were instances when the car would start even during the middle of the night while the owner is asleep.
Cruise Control Switches. This cruise control, can short-out and catch fire anytime even if you are not using your vehicle. About 14.9 million Ford cars and trucks manufactured between 1991 and 2004 were affected by this defect.
Blowing tires from Firestone. This issue involved faulty tires with tread that separated from the steel belts. This tire defect was linked to 200 deaths which, eventually, resulted to 6.5 million of these faulty tires getting recalled.
Unintended acceleration. This made cars speed up on their own. Audi 5000 in the 1980s and Toyota in 2010 affected by this defect. Nine million Toyota cars were recalled in 2010; also, the defect was linked to 31 deaths).
Power steering defect and a faulty ignition-switch. The defect was linked to 13 deaths. It resulted to the recall of 2.6 million General Motors vehicles in 2014.
Exploding air bags. In the U.S., this defective air bag caused 10 deaths and more than 100 injuries. It was used by 14 different automakers and installed in more than million vehicles worldwide (more than 30 million in the U.S.). This has been the biggest recall in the history of the auto industry.
In its website, the law firm Habush Habush & Rottier S.C. ® points out the responsibility of automobile manufacturers in ensuring that their vehicles are safe for motorists. However, despite recent advances in automotive technology, a number of motor vehicle components are still prone to defects and malfunctions that can have devastating consequences for accident victims. Vehicle manufacturers may be held liable when automotive defects lead to car accidents. Injured drivers, passengers and other harmed road users may also be able to take legal action and seek compensation for their pains, sufferings and losses.
In the conduct of business, we want to give ourselves a competitive advantage in order to attract the attention of potential customers. This is where marketing and promotional efforts come in. Unfortunately, some businesses go over board to the point of resorting to illegal practices in order to get the advantage that they want. According to the website of Slater Pugh, Ltd. LLP, engaging in such unlawful practices may subject businesses to lawsuits.
A deceptive trade practice is defined as an activity that is likely to mislead the public especially the consumers. It is illegal due to the negative effects it can have on consumers and general public. Federal and state laws prohibit the use of such practices. There are different types of deceptive practices that businesses should avoid and here are some of them:
This is an example of an advertisement that provides customers with incorrect or misleading information about the price of a certain product. According to the Federal Trade Commission, advertisements must fully disclose the price that a consumer will pay for a product. It should also be transparent with any discounts, sales, or markdowns.
Bait and Switch
In bait and switch, the advertiser makes a certain claim about the price or availability of a product but with no intention to really sell the product or sell it for a higher price. When the customer responds to the advertisement, the advertiser will take advantage and sell a more expensive product or a different price that was advertised.
Quality or Origin Deception
Deceiving consumers about quality or origin without substantiating it is another illegal practice. Thus, you cannot claim that a product was “Made in the USA” if it was manufactured in another country. Likewise, you need to fully disclose any defects in quality or if the product is useful for other purposes it was not adequately designed for.
False Environmental Claims
The Federal Trade Commission also warns businesses on using misleading environmental claims such as “recycled,” “biodegradable,” “compostable,” or environmental-friendly.” Such claims should be supported by “competent and reliable scientific evidence.” They can mislead customers even if some part has environmental attributes but major components do not.
That more than 40 percent of senior citizens in the US will require some period of care in a nursing home facility and that majority of people who are at least 65 years old will need some type of long-term care services are two factual information released by the Centers for Medicare and Medicaid Services.
In February of 2015, the Centers for Disease Control and prevention (CDC) counted 15,700 nursing homes in the US that served as dwelling places to 1.4 million residents, majority of whom are senior citizens who are in need of more attention and supervision than what a residential facility can provide. These seniors’ needs include assistance in: daily hygienic concerns, like bathing, incontinence and dressing; managing medications; eating and other activities.
Despite the need to have seniors’ needs addressed, sending them to a nursing home is not really advantageous to families directly affected. First, these seniors are family members – one’s mom or dad, or another very close kin. Second, news about nursing home abuse is cause for worry and, third, the large costs associated with nursing home care can cause a major imbalance in a family’s financial situation.
On its website, SeniorAdvice.com says that for a senior family member to stay in a nursing home, his or her family will have to pay approximately $222 every day for a semi-private room or $248 per day for a private room; this means a staggering $81,000 or $90,500 every year. Costs, however, still varies, depending on a senior’s medical situation, geographical location, and length of stay.
While paying nursing home and other long-term care costs can be done out of pocket or out of a retirement account, this should not be a family’s or a senior’s only available means or even primary option because costs can definitely deplete all savings and still this will not be enough to cover everything that needs to be paid.
One good source of financial help is Medicare, which covers a maximum of 100 days stay in a nursing home facility. A much better source, however, is long-term care insurance, but purchase of one should be done years before your loved one reaches his or her senior years or while he or she is still healthy. This is one move that requires advance planning since no insurance firm will sell you a long-term care policy for seniors after your senior family member has moved into a nursing home facility.
With planning done which will result to addressing costs associated with a nursing home, the only concern you and other family members will need to address is to which nursing home you will take your loved one. There may be hundreds of nursing homes in your state but you should know that not all of these are really capable of providing the quality care they promise to provide.
Blood clots can be incredibly dangerous and potentially fatal circumstances, which is why they are often taken so seriously. Can they be treated, however? The answer is yes.
There have been some instances, even that of people who have suffered Deep Vein Thrombosis (DVT), where they have been able to make practically full recoveries. It isn’t easy, however, but it is definitely possible. Physical therapy, anticoagulant medication, a regular diet, and moderate exercise can stimulate the body into repairing itself.
There have been instances where a patient who suffered from DVT who used to have an active, sporty lifestyle was told she could never run again but, determined to maintain her healthy regimen, was able to run marathons again after patient and disciplined therapy and medication. This process is slow and arduous but a recovery can be done.
Some people, however, are more at risk for blood clots than others. This can be a natural condition – pregnant women and diabetic people are more prone to blood clotting than others, for example – but according to the website of the lawyers with Habush Habush and Rottier S.C., people can also be made more susceptible to blood clots than others due to extreme physical trauma. Something like a devastating injury-causing accident or even a medical mishap may cause this to happen.
There are some preventative measures that are available for people with special conditions such as this. There are anticoagulant drugs available on the market but there is also the option to have a device called an IVC filter installed into one’s inferior vena cava in order to catch clots before they can reach the lungs and cause more damage, such as pulmonary embolism. However, even these devices present their own dangers should they be faulty – like the cases with Bard G2 IVC Filters.
Be wary, then, that help you get be not one that does you more harm.
In the American Legal system, someone accused of crime is considered innocent until proven guilty. This means that the burden of proving the guilt of the accused falls on the prosecutor. This also means that the accused is entitled to a defense of his or her actions. There are many different types of criminal defenses. Some of the more common defenses are insanity, automatism, intoxication, mistake of fact, and self defense.
Insanity is one of the more often dramatized criminal defenses, however in reality it remains one of the most difficult to prove. When one pleads “not guilty by reason of insanity” their lawyer aims to prove that their mental state at the time led to a lack of understanding of the wrongfulness of their actions. If one is found “not guilty for reason of insanity,” the accused may be instead sentenced to treatment in a medical facility.
Another common type of criminal defense is self-defense. In cases of self-defense, the accused aims to prove that whatever criminal actions were taken were necessary to protect themselves. It is important that the actions taken were proportional to the threat. Id this is proven, their actions are not considered criminal and they face no punishment.
A third common criminal defense is duress. This means that the accused was forced to commit an unlawful act because of a specific threat to their life or threat of serious injury. They must have been ordered to commit this specific crime or face specific consequences.
According to the website of Lewisville criminal lawyer Alexander and Associates, depending on the severity of the alleged crime, an accused suspect may face time in prison, hefty fines, and years of probation as a direct result of a criminal conviction. These severe consequences lead many accused to seek the best defense possible should they find themselves accused of a crime. Should you find yourself accused of criminal activity, contact a criminal defense lawyer in your area.
When pregnant, it is important to consider not just your own health, but the heath of your unborn child. All mothers intend to do what is best for their children. However, in many unfortunate cases, medication which can be beneficial to your health can be severely detrimental to the health of your child. In these tragic cases, moderate to severe birth defects can result.
A recent example of this unfortunate occurrence was the discovery of potential links between the morning sickness drug Zofran and birth defects. Originally intended to aid the nausea of patients undergoing cancer treatment such as chemotherapy, many women were unfortunately prescribed this drug off label to aid their severe morning sickness. According to the website of Williams Kherkher lists the common potential birth defects resulting from the use of this drug as congenital heart defects, cleft lip, and cleft palate.
It is vitally important to be aware of these dangers as you care for yourself and your unborn child. However, if you were not properly informed or warned of the severely detrimental side effects of a particular medication and your child was born with a disorder or birth defect, you may be entitled to compensation for the medical expenses and other losses associated with their condition.
In addition to dangers posed by medications, some babies are born with injuries or disabilities because of the negligence of a medical professional either before, during, or shortly after a child’s birth. One tragically common disorder that can result from such circumstances is cerebral palsy. The website of the Driscoll Firm defines cerebral palsy as “a large group of motor conditions that result in varying degrees of physical disability; this exists within the cerebrum, and primarily affects a patient’s motor skills and cognitive abilities.” Sadly, medical malpractice has been found to be responsible for a surprising amount of cerebral palsy cases of varying severity.
In most cases, places of employment are required to provide workers compensation insurance, which helps to cover costs associated with workplace injury or illness. However, places of employment sometimes fail to meet this need. If an employer fails to create a safe environment for its employees, they may be entitled to workers compensation benefits. The website of Ravid and Assoc defines workers compensation as benefits that can help to alleviate the consequences of a workplace accident such as medical bills and loss of income. If you or a loved one has suffered and injury in the workplace, it is important to understand what benefits you may be entitled to that could ease your recovery. According to the website of Robert Wilson & Associates, there are two types of cases that can result from a workplace injury, depending on the severity of the injury, long term and short term.
Short term disability injury cases occur when a worker struggles to receive the compensation they need to cover the costs of a workplace injury resulting in a temporary disability. Workers aim to receive insurance that will cover medical and rehabilitation bills following the accident and only lasts until they’re heath has recovered to the point that they may return to work.
Long term disability cases occur when a worker struggles to receive the compensation they need to cover the costs of a workplace injury resulting in a permanent disability. Workers aim to receive insurance that will provide significant aid to them and their families as they cope with their long-term injury. While these do not necessary continue indefinitely, they should continue for a more significant amount of time so that victims may cope with their serious illness or injury.
Mesothelioma is one of the most dangerous varieties of cancer. Often, symptoms do not manifest until it has spread throughout the body. According to the website of Williams Kherkher, medical science has currently identified three types of Mesothelioma: Pleural Mesothelioma, Peritoneal Mesothelioma, Pericardial Mesothelioma. Each type of Mesothelioma has its own unique symptoms and health effects. Often this disease cannot be detected until it has already spread throughout the affected area.
Pleural mesothelioma occurs in the pleura, which coats the longs and the areas of the chest which house the lungs. Symptoms of this type of Mesothelioma can include coughing, trouble breathing, trouble swallowing, and chest wall pain.
Peritoneal Mesothelioma occurs in the peritoneum which lines the abdomen, the insides of your chest, and the area surrounding your heart. Symptoms of this type of Mesothelioma can include: abdominal pain, stomach pain, unexplained weight loss, diarrhea, constipation, and fatigue.
Pericardial Mesothelioma occurs in the lining which covers the heart and the area surrounding the heart. Symptoms of this type of Mesothelioma include chest pain, extended coughing, and trouble breathing. These symptoms can range from fairly mild to more severe.
Mesothelioma is most often caused by asbestos exposure. Asbestos can still be found in buildings. Building occupants as well as maintenance and construction workers are at risk for being exposed to asbestos in contaminated structures. If an effected area is disturbed, the asbestos containing materials could become airborne, severely increasing the health risks associated with such structures. As discussed above, this exposure could be directly responsible for severe health defects such a mesothelioma. If you or a loved one thinks they may have been exposed to asbestos, they may be entitled to compensation.
Unexpected injury and illness happens to everyone. However, in some cases this suffering is caused by the behavior of someone else. These cases are known as “personal injury” cases. The website of Pohl Berk defines personal injury as “the physical, emotional, and financial trauma, or other undue harm associated with an unexpected injury or illness caused by another party’s recklessness or negligence.” There are two types of personal injury cases: intentional tort and negligence.
In some cases, an unexpected injury or illness is categorized as an intentional tort. This is described as a deliberate wrong resulting from an intentional act of the transgressor. Something is only defined as an intentional tort if there is proof that the other party intended for the victim to suffer in they way that they did. This stipulation is not required for the other type of personal injury case: negligence.
According to the website of Spiros Law, P.C., in order to prove negligence, a victim must demonstrate that: The defendant owed the victim a duty of care, the victim suffered from the defendants failure to meet this duty, and the victim’s injuries are significant enough to warrant compensation. Essentially, a victim must prove that although the defendant was not intentionally trying to harm anyone, certain aspects of the defendants behavior led to the victims personal suffering.
If you or a loved one feels they may have suffered a personal injury due to negligence or an intentional tort, it is important that you gain an understanding of the appropriate terminology surrounding your case. It may be a situation in which it is simply an unfortunate accident that is no one fault, yet it also may be be due to the reckless or negligent actions of someone else.
Service vehicles such as garbage trucks provide vital services to neighborhoods- yet when used inappropriately they can become hazards to the very communities they serve. While we like to think service vehicles are only there to help, unfortunately the drivers are subject to make the same mistakes as any driver. These mistake could result in reckless driving. Reckless driving accidents are distinguished from other accidents in that they are entirely preventable. The website of the Lexington car accident lawyers at Wilson & McQueen, PLLC lists speeding, tailgating, running red lights, running stop signs, failing to merge / yield, distracted driving, and driving while intoxicated (DWI) as examples of reckless driving.
If convicted of reckless driving, a driver can face various consequences depending on the severity of the accident. The driver may potentially face sentences ranging from fines to prison time. Depending on the violation, the conviction could stay on the drivers driving record for upwards of 11 years. Additionally, should someone injured in a reckless driving accident choose to file a suit against the driver, the driver may have to pay the victim monetary compensation for any medical expenses and injuries sustained in the accident.
If you or someone you know are injured in an accident involving a service vehicle, you may find yourself seeking legal solutions for your medical conditions or inconveniences. It is important to find out your eligibility for compensation. For example, if injured in an accident involving a garbage truck, a garbage truck accident attorney is a person who might know what to do about it. Service vehicles are vital parts of our communities, yet it is important to remember that they are as dangerous as any other vehicle in the hands of a reckless driver.