Product liability is Based on the Assumption of Negligence

“When your physician prescribes you a medication, their intention is to help you find relief from the symptoms of an illness or condition. You may, however, be unknowingly filling a dangerous pharmaceutical when you visit the pharmacy. This is not necessarily the fault of the physician, but rather the fault of the drug manufacturer. For instance, the manufacturer may be marketing false claims for this pharmaceutical, or the FDA may have decided to recall your drug after you filled your prescription. Whatever the case may be, such pharmaceuticals have the potential to cause serious harm to unknowing consumers.” (http://www.shw-law.com/)

Pharmaceutical products need to be approved by the U.S. Food and Drug Administration first before these can be made available in the market. Before gaining approval by the FDA, however, the drug’s manufacturer will have to show proofs that the drug has been tested and proven safe and effective for patient use.

Pharmaceutical companies have the legal obligation to make sure that all their products are safe and effective and that the risk/s associated with using their medicine (if here are any) are clearly indicated in their product’s label. Companies which negligently fail in their duty to inform consumers about the risks associated with using their medical product can be sought after by those harmed due to use of these products. Legal action that will enable those harmed to seek compensation from negligent pharmaceuticals is a right that victims have under the law. This legal action against manufacturers is called product liability, a legal responsibility of manufacturers, distributors and sellers in compensating consumers harmed or injured by defective or harmful products.

Product liability is based on the assumption of negligence, an act many manufacturers are guilty of. Negligence can result to failure in performing an important step in the production process, adding a step that is not part of the production steps, or failure to produce goods that comply with industry standards. Regardless of the consequence of this negligence, liable parties should be legally obliged to compensate those who they harm or injure.

Individuals who have sustained an injury, especially a serious one, due to use of a defective pharmaceutical product, would require further medical treatment and a recovery period, which will necessitate absence from work. Though the law allows those harmed by defective pharmaceutical products to receive compensation from the liable party, the amount of compensation which will depend on the extent and effects of the injury should be determined in a lawsuit (in out-of-court settlements, liable parties usually offer victims the least amount of compensation). Due to this, it may be advantageous for injured victims to seek representation from a seasoned personal injury lawyer.

The Longshore Act

Longshoremen and those who assist in loading and unloading vessels, ship-breakers, ship repairmen, and shipbuilders are the main categories of employees eligible for benefits under the Longshore Act. The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal workers’ compensation act; it governs workers’ compensation for maritime employers and employees, and civilian employees on military bases (maritime employees covered under the Longshore Act include longshoremen, harbor workers, and certain people who work on docks shipyards or shipping terminals.

A study on the health profile of shipyard workers, specifically of shipbuilders,was conducted by the National Center for Biotechnology Information (NCBI) to evaluate the risks these types of workers were exposed to. The NCBI is part of the United States National Library of Medicine (NLM), a branch of the National Institutes of Health.

Though a very important industry, ship building, nonetheless, requires workers to observe constant caution due to the uncomfortable and dangerous working conditions workers face. In closed or cramped spaces, shipbuilders carry out various activities including: dry docking and launching; handling large materials; outfitting; surface preparation and scaling; fabricating and repairing large structural components; loading and unloading, welding, electroplating, electrical maintenance and repair; and painting. These activities, according to a San Diego maritime lawsuit attorney, often result to electrical shock due to working in wet environments, respiratory problems from inhaling toxic fumes, broken bones, spinal cord damage, traumatic brain injuries, severe lacerations or loss of limbs, and severe injuries, chronic illness or fatalities due to lead intoxication, electrocution, inhalation of paint fumes, respiratory problems due to exposure to asbestos, fires and explosions from welding, and noise-induced hearing loss.

Besides the unhealthy working conditions, shipbuilders are also exposed to: huge machineries, which require immense skill and strength to operate; high pressure in their enclosed, tiny work space; and exposure to dangerous minerals and substances, like asbestos.

Despite all these life-altering and life-threatening conditions, many employers either fail to provide workers with the necessary personal protective equipment (PPE) or never show concern when workers violate safety work rules by not using PPE while at work. With help from a highly-skilled maritime lawyer, workers, who get injured, may have better chances at receiving the benefits provided under the Longshore Act, or at seeking compensation through a lawsuit against their negligent employer.

Where to Check in Case of a Roof Leak

A leaking roof is definitely among the most common problems experienced by homeowners. Problems like discolored ceilings and walls point to water damage caused by leaks, and these issues can affect the integrity of the structure of the roof. Before reaching for the phone to call a Best Roofing expert, you might want to try your hand at identifying the cause of the leak and fixing it yourself.

Unsure of how to check for roof leaks by yourself? One of the first places you’ll need to check is the flashing around chimneys, pipes, vents, and any other place where there’s another object or structure that connects with the roof. Flashing that is rusted or is loose in some areas will need to be reinforced with sealant or, depending on the extent of the damage, completely overhauled and replaced.

Another area where leaks commonly start is the gutters. Clogged gutters can cause water to pool in one place, damaging that part of the roof. In colder climates, the water that’s collected by a clogged gutter can freeze and cause serious foundational issues.

Missing and broken shingles can also point to a problem area in your roof. Damaged shingles can cause water to seep into the inner foundation of the roof that can then leak inside the house through the ceiling. Shingles that have come loose, curled up, or cracked will need to be replaced to prevent further damage to the roof.

If your roof has two planes that intersect with each other, you might also want to check this area for damages. Whether it’s covered with rolled roofing or flashing, water commonly pools in the lower areas where planes of a roof intersect. Any damage to the material covering these areas are sure to cause water to leak inside your house.

How To Find Leaks In Your Swimming Pool?

Did you know that the average residential pool contains about 20,000 gallons of water? With this volume of liquid, finding leaks in your pool can be difficult. In most instances, you would have to hire the services of a leak detection company. They use sophisticated methods in finding the source of leaks in your swimming pool. According to the website of American Leak Detection of Fort Worth, leaks in your pool can lead to huge electric bills. When searching for leaks in your swimming pool, there are some questions that you need to address.

Is The Leak Causing Water Loss?

Just because there was a decrease in the water level of your pool does not mean it already has a leak. It could be due to the changing air temperature, relative humidity, and wind speed. Use the bucket test to measure the amount of water lost after 24 hours from the test. If the level of water in the pool has decreased more than the water in the bucket, chances are there is a leak.

Is The Leakage Greater When The Pump Is Circulating?

If your answer is Yes, then there is indeed a leak in your pool. Types of leaks may range from minor seepage to high pressure sprays. There could also be internal leaks that could develop from defective filter valves. Scenarios like these can result to loss of clean and potable water in the process.

Is The Leak Greater When The Pump Is Switched Off or Not?

When switched off, leaks may occur in the fittings or valves of your pool. If there are air locks in the pump, then this means that you have a leak that needs to be repaired all the way.
Resolving the issue about leaks in your swimming pool can be necessary if you want to take a dip and refresh yourself. Have the leaking faucets before your expenses pile up.

Boat Safety Tips To Reduce Accidents

There are many activities that can make a boating trip a truly fun experience. But sometimes too much enjoyment needs to have some limitations especially when it can cause boating accidents which can injure or even kill people. Boating is designed to be a relaxing endeavor but it can become stressful it it results to harm or the death of people. A report published by the Coast Guard revealed that there were 4,064 boating accidents which includes 610 deaths and 2,678 injuries.

According to the website of The Benton Law Firm, there are many factors that can lead to boating accidents. This may include alcohol, poor lighting, boat malfunction, driver inexperience, weather conditions, speeding, and others. These types of accidents can have devastating effects which can either be injury or death.

To keep boating accidents from happening to you, it is always a good practice to have an idea of boating safety rules. By keeping in mind these guidelines, you can always assure yourself of a fun and enjoyable boating experience:

1. Don’t drink while boating

Boating while drinking alcohol can be one cause of accident. So stay away from drinking when operating a boat. Studies have revealed that the effects of alcohol can be exacerbated by exposure to sun and wind. The likelihood of boating accidents increases when you drink alcohol.

2. Be Aware of the Weather Conditions

Before heading out to sea, check out the local weather report. If you see dark clouds, rough winds, or sudden drop in temperature, it is best to stay out of the water.

3. Always have safety equipment

Most victims of drowning stem from the individual not wearing their life jackets. It should be worn all the time while on the water. Another piece of equipment you need to have on your boat is a fire extinguisher. Likewise, make sure that you have operable search lights. Test the equipment before heading out to the sea and have spare batteries.

4. Better safe than sorry

To make sure that you will not become another boating statistics, practice safety all the time. Maintain a safe speed especially in crowded areas. Stay alert and away from large vessels and watercraft. Respect buoys and other navigational aids. They are designed to keep you safe when boating.

5. Learn How To Swim

As you will be staying in the water for most of the time, it will be to your benefit if you will learn how to swim. There are local organizations like the American Red Cross that provides swimming lessons for all ages and skills.

6. Enroll In A Boating Course

Enrolling yourself in a boating course is one of the ways you can learn about boating safety rules. The course requirements may vary depending on the state of your residence so make sure that you know them and comply.

Practicing boating safety can go a long way in ensuring that you will be involved in boat-related accidents. Follow these tips and you are on your way to having a fun and enjoyable experience out there in the sea.

The Right of Injured Workers to Sue Employers in the event of Work-related Accidents

One of the greatest challenges that construction firms need to face today is keeping up with the demands of progress, specifically, how to accomplish more within less time. The designs of buildings are becoming bigger, taller and more intricate, requiring workers to render longer work periods often ends in untoward incidences that continuously post threats to worker health and safety.

Houston personal injury lawyer would probably mention that a regular sight in construction areas is heavy machinery, like cranes, concrete mixers, forklifts, bulldozers, loaders, caterpillars, excavators, crawlers and road rollers. This machinery, undoubtedly, makes construction tasks easier and faster to accomplish; however, due to their huge size, wrong operation or requiring an untrained or careless worker to operate any of them can result to a disabling or even fatal injury.

Due to risks of accidents and injuries that construction workers (as well as all other types of employees) are exposed to every day, the US Congress passed into law (in 1970) the Occupational Safety and Health Act (or OSH Act). The Act aims to: ensure all working men and women of safe and healthful working conditions; assist and encourage the States in their efforts in ensuring safe and healthful working conditions; provide for information, education, research and training in the area of occupational safety and health; and, authorize enforcement of the standards developed under the Act. Enforcement of these standards has been delegated by OSH Act to the Occupational Safety and Health Administration (OSHA), which was created in 1971.

Despite OSHA’s untiring efforts in enforcing health and safety standards in the workplace, however, the US Department of Labor continues to receive reports of injuries and, sometimes, deaths due to accidents. Based on results from the Census of Fatal Occupational Injuries (CFOI) conducted by the U.S. Bureau of Labor Statistics, for instance, in 2013, fatal work-related accidents totaled to 4,585; in 2014 the number of deaths went up 2%, registering 4,679.

Fatal accidents in construction sites include workers being struck and killed by a forklift or other heavy machineries, being struck by falling objects, electrocution, and falls, which frequently occur while workers are on ladders or scaffoldings.

Two standards enforced by Federal OSHA requires employers to provide their workers with personal equipment (such as helmet or hard-hat, eye protection, special goggles for welders, gauntlets for iron workers, hearing protection, and hard-toed shoes) designed to provide them with the needed protection against certain hazards and to make sure that workers, especially those tasked to operate and use heavy equipment or machineries, have been effectively trained. In the event of an accident resulting to injury or death, a January 1, 2015, OSHA Standard mandates (OSHA covered) employers to report the incident to OSHA within eight hours of learning of the event.

Work-related accidents resulting to injuries or death entitle workers or their families (in case of worker’s death) to file a claim with their state’s Worker’s Compensation Insurance office. Financial benefits, however, are often too small or delayed, that is if the application for claim is not rejected. Besides these, the Worker’s Comp also restricts injured workers from further pursuing legal action against their employer.

Under certain circumstances, however, this Worker’s Comp’s provision may be ruled against by a court, especially in cases where the injury is too severe or is fatal. Knowing more about injured workers’ rights may be in the best interest of the worker at this point.

Why Should I Avail of Car Insurance?

Temptation comes in many, many forms. This is a day and age when “You Only Live Once” is a saying that is made as an excuse to live as recklessly and as joyously as possible – as if that excuses foolish decisions made on the spot that can then have very permanent consequences.

It is true, though – you only live once. So why waste it by taking unnecessary risks that can only hinder the full life experience or maybe even prematurely end it?

You can think of car insurance as an investment – and you know how investments work. You put down a substantial amount of money that will benefit you in the long run. Now, car insurance works as a kind of safety blanket or support system should anything unfortunate happen to your car. In this day and age where public transportation is a near nightmare in just about any metropolitan city in the United States and having your own car is practically a necessity, insurance is technically an investment to care take of your investment, should anything nefarious happen to it like sudden damage or even theft.

According to the website of Habush Habush & Rottier S.C. ®, some car accidents that leave people absolutely devastated can be caused by other people – so you can be absolutely anyone and be careful and diligent on the road and still be in an accident because someone else wasn’t as careful as you are. These are reasons enough as to why you should get car insurance but more than that, it is often a legal mandate for car owners to be protected by car insurance.

Ignorance of the law excuses no one, after all, and nobody is above its mandate. It may seem like something tempting to ignore for now but sometimes, it can do you a world of good to think of your life in the future too as well as thinking about the pleasures of life that you can enjoy right now.

A Loose Screw (or Soft Tire) Could Kill You

We often take our vehicles for granted. Even when we maintain them religiously, we do not really go down to the nuts and bolts to understand how they work or if they are properly constructed. Instead, we trust that the vehicle operators, parts manufacturers, the automobile makers, and the auto repair mechanics have done their job is making sure our vehicles are safe to operate. According to the website of Attorney Ali Mokaram, this is not always the case. When a mechanical defect or a defective design involves a truck, it can cause a major amount of hurt to a lot of people. Common defects that can cause truck accidents include:

Defective Brakes

Brakes need to be especially reliable with trucks, because these are heavy vehicles. It takes more effort for it to stop than a regular car. In most cases, trucks use air brakes, so it is important that each component be in good condition to prevent slippage at crucial moments.

Worn out or Defective Tires

Trucks put a lot of miles on the road, which is why their tires wear out pretty quickly. The tires of big rigs, also called 18-wheelers, have to be constantly checked and rotated to make sure the tires are properly inflated and wear out evenly to avoid blowouts. Tires also need regular replacement with good quality tires. Trucks are often given warnings about balding tires and other problems, but these are not always given due attention.

Flimsy Rear Guards

When a passenger car hits a truck from behind, the biggest danger is that the passenger car is forced under the truck, impacting the windshield. This is why rear guards are installed in large commercial trucks. These are metal bars set low under the tailgate to prevent smaller cars from going too far under and hitting the windshield. In many tests, however, many rear guards fail when a vehicle strikes them at 35 mph.

If you were injured seriously in a defective truck accident, you could be eligible for compensation. Consult with a truck accident lawyer in your area for more information.

Things You Need to Know about Storage

There is a rule of thumb that most people should follow when it comes to their everyday possessions: if you haven’t used it in one year, get rid of it. It is excellent advice for simplifying your life. You could also make some quick cash with it. However, there are some circumstances when it is better to store them.

The most common one is that you have to go away for a while but intend to come back. Another reason is that you inherited stuff you don’t have room for yet, but don’t want to sell for sentimental reasons. The easiest solution for such cases is putting them in storage. However, since you attach some importance to these things, you should take time to choose a good storage company. Here are some considerations for you as suggested by the Better Business Bureau.

Canvass

Take the trouble to get written quotes from a minimum of three storage facilities in your area. You can usually get these online, or the facility may want to see what you are going to store before offering an estimate. Compare fees for the rental, storage preparation and packaging, transport, and optional services you need i.e. insurance. Some facilities require a minimum number of months.

Measure

Determine how big a space you really need. The storage company will want you to get bigger units, but you can save a lot if you get just the right size. Check also if the climate for your particular storage period will require you to get a climate-controlled unit, which is more expensive than a standard unit. In an area of high humidity such as Pond Springs Mini Storage, you may want to consider a climate-controlled unit if the storage period will include the summer months.

Insure

Unless your property is purely sentimental in value, get insurance coverage against fire, theft, and other damage. Some homeowners’ policies include self-storage. If yours doesn’t, find out if the storage facility offers insurance, or ask your insurance agent to get you some.

Secure

Your storage facility should provide some measure of security such as surveillance cameras and restricted access. However, even if the facility has good security, it is best to take your own measures. Get a sturdy lock, preferably a heavy-duty padlock for which only you have to key to secure your unit.

The Aftermath of a Poor, Unfortunate Permanent Partial Disability

What if, due to an accident at work, you are permanently damaged from performing your work the same way you might have done it before? And what if this situation was brought out due to negligence of a guilty party? Events such as these often call for extensive medical treatment and procedures and if it involves the loss of organs or body parts then by definition, according to website of Hankey Law Office P.C., the victim is eligible to receive permanent partial disability benefits, and contacting the appropriate law firm is instrumental in receiving the compensation you deserve.

These benefits are a claim from employee to employer as an injury within the workplace that results into this kind of disability falls under the subset of workers compensation, in the league with other personal injury claims such as that of premises liability or dog bites. And as with any personal injury case, the victim of negligence is warranted to receive due compensation for the damage had done unto them.

There is the loss of income for the days unable to work at all to account for as well as the medical expenses that are undoubtedly within the equation of a disability born out of the workplace. There is quite a significant difference between temporary and permanent partial disability, however, and the difference is quite decidedly and blatantly obvious. With a temporary partial disability, the victim is expected to make a full recovery; whilst a permanent partial disability means that the victim will suffer the consequences of the injury for the rest of their lives.

Most permanent partial disability cases involve the loss of limb or body part, commonly separated into scheduled losses (e.g. fingers, legs) or non-scheduled losses (e.g. kidneys, livers). And, again, as with any personal injury claim – a claim like this is long, arduous work that involves lots of legal jargon and procedures that may be more work that you need, given the situation.

That is why it is advisable for you to contact a workers compensation lawyer, if you or someone you know should find yourself or them in an unfortunate situation such as this.

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