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Workplace Products Have To Work Correctly

Workplace Products Have To Work CorrectlyWhen you are hired to do a job, one of the things that most people expect is that if there is any work that needs to be done with tools, equipment, or other hardware, this is not going to be a Bring Your Own Gear affair. Unless you own the business yourself and are a contractor, the business that hires you as an employee is expected to furnish the gear that will be required. People that work at a nuclear reactor, for example, aren’t expected to provide their own emergency safety gear in case of a nuclear accident. And when a skilled animator is hired at an animation studio, he or she is not expected to bring their own computer or art supplies into the studio; these things will be provided.

This also means that the employers have a certain legal obligation to ensure that the equipment or environment they create for employees is one that is safe, and works as intended. And if that doesn’t happen, there can be serious legal ramifications.

Safety Within Reason

Anyone that decides to start a business and hire employees doesn’t just have to... full post

Ford Issues Massive Takata Airbag Recall

Ford Issues Massive Takata Airbag RecallThe Takata airbag recall is one of the largest recalls in history. The recall has been issued for over 50 million vehicles globally to date and counting. Ford has now joined other vehicle manufacturers in issuing a recall for vehicles fitted with Takata airbags. Announcing early in January, they are recalling 1.7 million vehicles.

What Is The Takata Airbag Recall?

The Takata airbag recall is not only the largest, but the most complex recall in history. That is because the airbags are fitted in a wide range of vehicles. Manufacturers from all over the world have used Takata airbags in their cars and getting the information out to consumers affected has been a massive undertaking for both the National Highway Traffic and Safety Administration (NHTSA) and vehicle manufacturers. It is also deeply troubling because airbags are a safety feature.

What Caused The Takata Airbag Recall?

Takata is a vehicle parts manufacturer that makes a range of safety parts for vehicle manufacturers across the globe. One of their key products was airbags, owning nearly 20% of the market. The Takata airbag recall began in 2013, when a number of injuries and deaths... full post

Brian O Sutter
posted by Brian O. Sutter , in:

The Danger Of Gas Explosions

The Danger Of Gas ExplosionsIt’s not the most common of accidents in Florida, but that doesn’t mean it can’t happen. And when it does happen, the consequences are invariably serious. We use gas of different sorts, such as propane, for a variety of different purposes. We barbecue our burgers with it in the backyard, heat our homes with it through gas burning furnaces or even construct buildings and manufacture components through the use of welding torches.

Under normal circumstances, gas is both safe and easy to use. It comes either in pressurized containers or sent directly through airtight pipes directly to where it needs to go, where it is burned to create heat. This flammability of certain types of gas and the byproduct of large amounts of heat is what makes gas so attractive as a fuel source. However, when things go wrong, it can cause a deadly explosion, and these explosions normally occur in two ways.

The Leak

Gas tanks are made of metal and built to be both airtight and incredibly durable due to the volatile contents inside. But once those contents get outside, there’s nothing that a gas tank can do... full post

How A Wrongful Death Claim Can Help Your Family Recover After A Loss

How A Wrongful Death Claim Can Help Your Family Recover After A LossLosing a loved one from the actions of another person is a devastating experience. Add to that the expenses and impact of the loss of that loved one and it cannot only be emotionally upsetting but financially disastrous. In these cases, the last thing you want to think about is a lengthy legal battle. We understand completely. However, you deserve not only compensation for your loss, but justice for what happened to your loved one.

Who Can File A Wrongful Death Claim?

Legally a wrongful death is considered the death of a human being due to the wrongful act of another person. A wrongful death lawsuit is filed on behalf of the members of the family of the deceased. In the state of Florida, the following can pursue a wrongful death suit:

● Spouse
● Children
● Parents
● Dependents

These are considered survivors or beneficiaries under state law.

What Are The Damages Available In A Wrongful Death Case?

When your loved one passes, you aren’t just left to deal with the grief. Often times you are left with serious bills. This is especially hard when your loved one was the... full post

I’ve Been Injured On The Job, Can I Sue My Employer?

I’ve Been Injured On The Job, Can I Sue My Employer?Accidents in the workplace happen every day. By law, companies in Florida have to carry workers compensation to cover most of your expenses. However, while your medical bills may be covered, your income will only be at around 66%. This is just a bit more than half of your income. For one or two weeks this may not be an issue, but what if it takes months to get back to work or you cannot go back to work at all? In general, most workplace injuries will be part of worker’s compensation. However, it does not provide damages to punish an employer for poor or dangerous work conditions.

Can I Sue Outside Of Workers’ Compensation?

If you have been injured at work it is a common belief that you cannot file for damages. In most cases, this is true. However, there are some cases where you can sue for damages when another party was negligent for your injuries. Some of these examples include:

● If your work injury was a result of a defective product you may be able to sue the manufacturer of the... full post

Even Non-Motorized Watercraft Can Be Dangerous

 Even Non-Motorized Watercraft Can Be DangerousLast year in Canada, a tragedy occurred where an eight-year-old boy, Thomas Rancourt, was enjoying an autumn’s day, on a lake in a canoe, with the boyfriend of his mother. Tragically, young Thomas drowned to death on that lake when the boyfriend, who was drinking alcohol, capsized the boat, putting Thomas into the water, and the boyfriend was unable to rescue him.

Later, it was determined that the boyfriend, David Sillars, was beyond the legal limit of intoxication. He was subsequently charged with impaired operation of a vessel causing death. It was the first time in the history of Canadian law that this kind of charge had been applied to a canoe. While impairment and death-related charges are normally applied without a thought to motorized vehicles, like cars, motorcycles, and, of course, boats, this was the first time that such a charge had been deemed, even by a judge, appropriate for a “human-powered” watercraft like a canoe.

As tragic as that incident is, it’s not something that can’t happen in America, especially in a place with as many types of different boats as Florida. But if something like... full post

Take Care With Professionals In Your Home

Take Care With Professionals In Your HomeFor people that have a problem with some aspect of their home, such as needing roof shingles replaced, getting an air conditioning unit repaired, or even just fixing a leaky faucet, professional help is usually required. It’s both normal and expected in American life that when you have an issue with something that requires technical expertise, there’s no point in trying to do it yourself; you get someone who knows what they’re doing to do the job right.

However, when you invite a professional into your home to get some work done, you, as a homeowner are now taking on certain legal responsibilities. Your home is your own, and you may do it with as you please, but when a visitor arrives at your home, especially one you are contracting to get some work done, you now have an obligation. You are supposed to make sure that your home is reasonably safe for that visitor as the work gets underway.

Your Duty Of Care

Premises liability is a law that states that any owner of a property, whether it is a commercial building like a shopping mall or a... full post

What Happens If Your Workplace Is Uninsured?

What Happens If Your Workplace Is Uninsured?If you are gainfully employed with a legitimate, fully registered and legal company, then one of the things a lot of full-time, employed Americans enjoy is the peace of mind that comes from knowing that a business has insurance for its workers. This is especially important in businesses with an industrial focus, such as construction or manufacturing. In these businesses, the work that employees do often carries a high element of risk, even when taking all prudent precautions. An accident at a construction site can cause a worker to fall from a great height, while the tools used in manufacturing can cause great damage, or even produce dangerous vapors as a side-effect that can cause great damage to human lungs.

For these and many other possible contingencies, most companies have insurance and offer some kind of workers compensation to employees who are harmed while on the job.

But what happens if an injury occurs there’s no insurance? Is an employee simply out of luck?

It’s The Law

Florida has pretty simple, easy to understand laws when it comes to workers compensation and requiring insurance. All construction-related businesses must, by... full post

What Happens If You’re Injured At A Parade?

What Happens If You’re Injured At A Parade?Everybody loves a parade, and for good reason. Parades, whether large extravaganzas conducted in a big city, or smaller traditional affairs held in a rural county, are a way for everybody to come together, see some sights, have a good time with marching, music, and generally celebrate something. Parades are always thought of as wholesome entertainment for Americans.

Unfortunately, there is also a dark side to parades that people don’t like to think about. After all, parades are also a large collection of people, all in the same space, with limited mobility, and large props or vehicles in the form of the parade floats themselves, or balloons. And sometimes, when things go wrong during a parade, they can have tragic consequences.

Death & Injury In Canadian Parades

Just last year in the port town of Yarmouth, Nova Scotia, an annual parade to celebrate the coming of Christmas was held for the townsfolk. The Santa Claus Parade was an event for the families of the area to build up excitement for the holiday season, but in 2018, tragedy abruptly ended the festivities when a little girl, four-year-old MaCali Cormier,... full post

Rear End Collisions And The Dangers Of Whiplash

Rear End Collisions And The Dangers Of WhiplashRear end collisions are one of the most common accidents on the road in Florida. People will be talking or texting on their smartphone, looking out the window or at their passengers, or just simply not paying attention and hit the car in front of them. Rear end collisions are often some of the most dangerous on the roads. The sheer force of the collision almost always leads to injury. One of the most serious injuries sustained from a rear end collision is whiplash.

Is Whiplash A Real Injury?

Despite what we see on sitcoms, whiplash is a very serious injury that can cause long term damage. Often, because of the reputation that is isn’t a real injury or simply an injury that has been exaggerated, the average person doesn’t understand the severity of the injury. Medical professionals, on the other hand, do recognize how serious this injury can be and the effects it can have on a person’s life.

What Is Whiplash?

Whiplash happens in rear-end collisions. The force of the collision often causes the driver or passengers’ heads to move in a quick back and forth motion.... full post

Can RMS Get Workers Comp?

Can RMS Get Workers Comp?We’re lucky enough as Americans to live in one of the most advanced nations in the world, and as a result, when things happen that are unfair, or unjust, the law is there to provide some measure of protection. This is even the case when it comes to things that aren’t criminal, like injuries sustained at the workplace.

Workers compensation, or workers comp, as it is more commonly known, is a legal and financial contingency set in place to protect workers who have become injured while on the job. In most cases, this type of workplace-related injury is pretty straightforward, and there’s not much debate about what happened. For example, if someone working with an arc welder warns the management that a welder is defective but is ordered to use it anyway, and the welder explodes, causing an accident and injury, this is not the fault of the worker. If the worker needs hospital treatment, and maybe even suffers a permanent injury as a result of this incident, he or she should not—and will not—be expected to bear the brunt of the financial burden for hospital treatment and recovery.

In... full post

Traumatic Brain Injuries: The Silent Accident Injury

Traumatic Brain Injuries: The Silent Accident InjuryTraumatic Brain Injuries (TBI) are one of the most serious and deadly injuries sustained after an accident. However, because of the nature TBI, many people don’t realize they have developed an issue until it is too late. In personal injury law, that makes TBI claims extremely complicated. It is critical that anytime you injure your head after an accident you seek medical attention immediately.

Why TBI Symptoms May Not Appear Right Away

The brain is our most complex organ and even with the advances in medical science, we still don’t know everything about how it works. The brain controls everything in the body, so the symptoms and effects can impact areas all over the body. The damage can impact movement and mobility, the senses, as well as the ability to rationalize and memorize. When a TBI happens, the symptoms aren’t always apparent. That is because the damage may be progressive and take years to really impact the life of the victim. Even with a thorough diagnosis of TBI, because the brain is so complex, it is hard to see the full extent of the... full post

A Nightmare Scenario Can Arise From Not Being Able To Stop Your Vehicle

A Nightmare Scenario Can Arise From Not Being Able To Stop Your VehicleThere are certain things that people expect to happen when they get behind the wheel of a car. For instance, when a person pushes on the gas pedal, the engine should rev up, and the vehicle should scoot on down the road if the transmission is in the drive position. Meanwhile, if the operator gently steps on the brake pedal, the car needs to slow down correctly. Of course, if traffic stops in front of them abruptly, the auto must stop on a dime by mashing the pedal.

Should the automobile fail to slow down or stop appropriately, the driver may rear-end another car, bypass a stop sign or red light and go into a busy intersection, or possibly even hit a pedestrian. Nobody wants to be involved in any of these scenarios or another one that leads to a crash. However, sometimes things happen, and wrecks do occur. In fact, research from the Insurance Institute for Highway Safety, Highway Loss Data Institute, states that there were 34,247 fatal crashes in the United States in 2017 alone.... full post

Brian O Sutter
posted by Brian O. Sutter , in:

Automotive Recalls Like This One Can Lead To Accidents

Automotive Recalls Like This One Can Lead To AccidentsIf everything always went according to plan, people's lives would be great. Unfortunately, stuff does go wrong from time to time, and folks get hurt in the process. For example, just about everyone has heard at least a little bit about the Takata airbag or GM ignition switch recalls. These incidents led to both injuries and deaths. In fact, research from the NHTSA states that the Takata issue has resulted in 23 deaths and over 300 injuries worldwide to date.

Meanwhile, according to an article from Fortune, the ignition switch dilemma has been linked to 124 deaths and 275 injuries. So, it is of the utmost importance for consumers to hear about recalls promptly and take the appropriate action to get the problem fixed. After all, the last thing people want is to be involved in a car crash. Aside from drivers and passengers losing their lives, common damages from wrecks include...

• Traumatic Brain Injuries
• Broken Bones
• Lacerations
• Burns
• Injuries To The Neck And Spine

Florida Residents Need To Know About This Recall

Ford Motor Company is expected to begin recalling particular 2011-2013 F-150 models on March 4, 2019. The vehicles... full post

Brian O Sutter
posted by Brian O. Sutter , in:

Could A Truck Accident Be In Your Future?

Could A Truck Accident Be In Your Future?Logistics is a thriving industry that is alive and kicking today. Many citizens decide to go into the business as it provides them with job security, lucrative pay, and a chance to see the country. Speaking of the money, the Bureau of Labor Statistics says that the median annual wage for truck drivers was $42,480 in May of 2017. Of course, the amount varies from place to place and depends on the types of loads that individuals carry.

Meanwhile, as for job security, there were 1,871,700 tractor-trailer driver jobs at the end of 2016. However, the BLS study reveals that the industry is expected to grow by 6-percent between 2016 and 2026. Therefore, it is estimated that another 108,400 openings will become available. In other words, there are going to be more and more of the big-rigs on the roadways in the coming years as America relies on them for just about everything.

These drivers transport goods, lumber, gasoline, oil, and numerous other products. They make sure cars have fuel, humans and animals have food, and even help patients receive medications. So, nobody is knocking... full post

Dog Bites Can Happen Anytime And Anywhere

Dog Bites Can Happen Anytime And AnywhereWhen people think about dog bites, they likely don't picture images of large animals doing a substantial amount of damage. Rather, many folks imagine a little ankle-biter nipping at the heels of a friend or family member. However, dog bites should be taken seriously as the situations can cause severe injuries and even lead to loss of life. The incidents often lead to damages such as...

• Punctures, Lacerations, Abrasions
• Muscle And Ligament Tears
• Eye, Nose, And Other Facial Injuries
• Fractured Or Broken Bones
• Post-Traumatic Stress Syndrome

A lot of people don't believe these events happen that regularly, but the truth is that they do. According to research from the Canine Journal, about 4.7-million dog bites happen in the United States each year. Not all of the episodes require medical attention, but the study states that around 800,000 people with bites need the care. It is possible for humans to contract certain diseases from the occurrences as well. Some of the more renowned ailments include...

• Rabies
• Tetanus
• Capnocytophaga Bacteria
• MRSA (Methicillin-Resistant Staphylococcus Aureus)
• Pasteurella

Several Things To Know About Dog Bites

Children are most often the victims of attacks, but the events can happen to anyone, anywhere... full post