Navigation Menu+

Home

Bitten by a dog? Know your rights under the law

Posted by on 1:22 pm in Injuries | 0 comments

Being bitten by a dog is a harrowing experience. More than the emotional trauma incurred by the victim, s/he may also be subject to treatments and medical fees that may put a strain on his/her time and finances. If you have been bitten by a dog, it is good to know that there are laws in our country that defend us against dog bite damages. Here’s what you need to know about dog bite statutes.

One Bite Rule

This rule, which was adapted from England’s common-law centuries ago, implies that a dog is allowed “one free bite” before the owner becomes liable for any legal action. The logic behind the ruling was because pet dogs are tamed, owners don’t have an idea about their dog’s propensity to do harm. However, in the U.S., states that implement one-bite rule don’t necessarily allow all dogs to have their first bite free of any legal charges. For instance, according to the website for San Diego personal injury attorney Ritter and Associates, breeds that are known to be inherently dangerous are exempted from the one-bite rule.

States where a one bite rule is applied include Alaska, Arkansas, Idaho, Kansas, Maryland, Mississippi, New Mexico, New York, North Dakota, Oregon, South Dakota, Texas, Vermont, Virginia, and Wyoming.

Strict Liability Rule

Most states in the U.S. are implementing strict liability ruling for dog bite cases. In a strict liability rule, the dog owner is responsible for the damages incurred by a victim, given that the victim is legally allowed to be in the premises (not a trespasser), and that s/he did not in any way provoked the dog. But according to the website of Habush Habush & Rottier S.C. ®, the most important, yet the trickiest, part in proving liability is determining if the party involved is the legal owner or keeper of the dog. When ownership is established, the plaintiff may then proceed with proving that the owner’s negligence caused him damages.

Listeriosis: Its symptoms, risks, and complications

Posted by on 8:10 am in Injuries | 0 comments

Listeriosis, or listeria disease, is a health condition caused by a bacterium called Listeria monocytogenes. Although this disease is self-limiting for most healthy people, at-risk individuals are prone to serious, sometimes life-threatening medical complications.

According to the Centers for Disease Control and Prevention (CDC), listeriosis can be a result of consuming products contaminated with listeria. Contaminated raw sprouts, cheese and other cheese products made of unpasteurized milk, and meat spreads, delis, and hot dogs contaminated with Listeria monocytogenes may all result in listeriosis.

Individuals exposed to Listeria monocytogenes may experience confusion, weakness, fever, vomiting, stiff neck and diarrhea 3 to 70 days after exposure. If you believe you have eaten food contaminated with listeria and are experiencing one or more of these symptoms, seek medical attention immediately for accurate diagnosis and prompt treatment.

Although poor food handling may result in listeriosis, the website of the Law Offices of Vic Feazell P.C. says that unsanitary manufacturing and packing of food products may also result in this health condition. Unfortunately, defective food packs falling through the cracks send thousands of people in emergency departments and hospitals due to food poisoning every year, resulting in millions of dollars lost due to medical expenses and loss of productivity.

According to the website of Williams Kherkher, having to deal with listeriosis due to a contaminated food product can be physically, financially, and emotionally distressful. So, here are some of the ways to ensure that what you are buying is safe from listeria contamination:

  • Watch out for recalls – The U.S. Food and Drug Administration is constantly providing an updated roster of recalled food products, including those that have been pulled out of the shelves due to listeria contamination.
  • Buy only what you know – Buying tried and tested brands, such as those that are locally produced, may reduce your risk of contracting listeriosis.
  • Ground meat should be cooked well – Unlike whole chunks of steaks, ground meats both have the inside and the surface of the meat all mixed up. When ground, the pathogens from the surface of the meat may find its way into the deepest portion of the ground beef, making it harder to kill disease-causing germs.

What you need to know about sexual harassment at work

Posted by on 5:00 pm in Workplace Rules | 0 comments

Every individual has the right to dignity at work. As such, any acts that could harm or devalue a person’s dignity in the workplace is considered a crime. Knowing your rights could mean preventing all forms of harassment, including sexual harassment, to happen in the workplace.

According to the website of Cary Kane, sexual harassment accounts for a majority of work-related harassment cases filed in different courts across the country. At some point of their working lives, many Americans have experienced some sort of sexual harassment while at work.

In an article by the Huffington Post, survey revealed a very shocking truth: one of three women has been harassed sexually at their workplace. The survey, which polled 2,235 female workers, further revealed that sexual harassment at work now takes in many forms. What is more surprising is that, according to the research, 16% of women believed they had not been harassed even if they have experienced misconducts or false remarks that were inherently sexually, such as being called a ‘slut.’

In the past, sexual harassment has been defined by many as any physical advances that are sexual in nature. Now, women should be aware that they could also be harassed in any others, such as verbally, and even in Internet through social media. Furthermore, according to the Cary Kane website, they should also be aware about the industries where sexual harassment has been reported the highest: retail, hospitality and food service, legal, research, and arts and entertainment.

Sexual harassment, aside from taking various forms, also doesn’t exclude anyone – young, married, divorced. Of all the surveyed who reported that they were harassed, 19% of them reached graduate education, 45% of them have a bachelor’s degree, while 29% reached some college.

If you feel that you are being harassed, you are! Now, many employees see that quitting their work is their only option in dealing with work-related sexual harassment, but this should not be. You have to check first your employee manual’s sexual harassment code to know the steps in filing for a sexual harassment complaint.

After filing your report, your employer should investigate and do the necessary action to deal with your situation. But if he can’t, and he fails to provide a danger-free workplace for you, then you may consider forwarding your case to the Equal Employment Opportunity Commission.

Most common criminal offenses during spring break

Posted by on 8:04 pm in Arrests | 0 comments

Florida never fails to be on the top spot for spring breakers – Panama City Beach, Daytona Beach, Kaywest, Miami, and many more of these white, exciting beaches are hotbed of spring fun and exhilaration. And this is not just for the locals. Spring breakers across the country gather together on these vacation spots for a fun-filled escapade.

Accoridng to Time, spring breakers trudge to the shores of Florida since the 60s. However, during the 80s, when criminality was beginning to rise, various towns along the shoreline began implementing stricter laws to minimize the students’ dangerous behaviors. It even came to a point when Mayor Robert Dressler of Fort Lauderdale had to announce in a morning TV show that spring breakers were no longer welcome in their town due to unruly spring breaker behavior and increased criminality.

If spring break destinations are a perfect place to let loose, these are also perfect trouble spots. Here are the most common spring break charges:

  • DUI – According to the Flaherty Defense Firm website, a charge of DUI may not only result in legal fees, it may also tarnish your reputation and could possibly affect your professional life. Ultimately, DUI may lead to irreversibly injurious, sometimes even tragic car crash.
  • Drug charges – Drug use has been a major safety concern during spring break. According to the website of Kyle Sampson, Attorney at Law, among the most controlled substances ceased during spring breaks are heroin, cocaine, marijuana, and methamphetamine.
  • Sexual abuse/rape – In March this year, Washington Times reported how Panama City Beach, Florida, was dealing with an increasing number of reported rape and sexual assault cases during spring breaks. Between 2007 and 2014, 42 known cases of rape have been recorded in the city, making it among the nation’s spring break destinations with high criminality rate.
  • Assault – Spring break towns across the country are now implementing more stringent ordinances to fight against assault. These laws include barring of alcohol sales past a certain period of time and the prohibition of drinking alcohol on public parks and commercial lots.

The everyday danger of lead to kids

Posted by on 7:24 am in Injuries | 0 comments

Lead is a naturally occurring element found on the surface of the earth. This element is widely used for a myriad of different purposes. The manufacturing industry, for instance, depends so much on lead for storage batteries. Lead is also used in the building and construction industry as an insulator. In medicine, lead is used to shield against radiation in an x-ray room.

But apart from its benefits, lead consumption can be too dangerous for humans, especially among younger children. According to the website of attorneys at NCR legal, many cases of lead ingestion have been associated with children toys with toxic levels of lead. Unfortunately, lead exposure may result in serious harm that could be irreversible. One of them is a damaged nervous system.

Lead is known to damage the brain and the peripheral nervous system. Although anyone can develop nervous system disorders when exposed to lead, children are at highest risk because their brain and nervous system are still rapidly developing. Additionally, babies exposed to lead while in utero are more prone to irreversible brain damage. Children with a damaged nervous system due to lead exposure may experience speech and hearing problems, stunted cognitive development, and learning difficulties. They may also have shorter attention span and lower IQ.

The website of Ritter Personal Injury says tenants should be aware that some houses could have toxic amount of lead. For instance, pre-1978 houses are coated with lead-based paint. When this coat peels off, it creates a lead powder that could be inhaled by your kids. Tap water can also be one of the culprits. Older water pipes and fixtures bonded with lead-based sealants may leak lead into the water, exposing your kids and your whole family to this deadly element.

The old adage “prevention is better than cure” holds true especially in relation with lead toxicity – where a cure can be too costly, or may even be impossible.