Child Care Center Injuries and Liabilities

When you choose a day care for your child, you trust the staff to take care of your child as if it were their own. While many facilities do a good job keeping children safe, others do not, and accidents are often the result. Below is an overview of day care injuries and how filing a personal injury claim may help parents obtain compensation for their child’s injuries. If your child has been hurt due to the negligence of a trusted day care facility, it may benefit you to consult a personal injury attorney to discuss your options.

Negligence

Not every day care accident is due to the recklessness or negligence of the day care facility. Some accidents are not foreseeable or due to anyone’s carelessness. However, some day care injuries are completely preventable, and those may make for a successful personal injury lawsuit under premises liability law. In order to obtain compensation for your child’s injuries, you must be able to prove that workers did not maintain a reasonable standard of care, and that led to your child’s injuries. Some things that may be considered negligent include:

  • Failing to keep the premises safe
  • Violating health codes and statutes
  • Not supervising children properly
  • Having too few workers per child/being out of ratio
  • Not having safety measures to keep children from wandering away
  • Failure to provide access to water and bathroom facilities
  • Failing to keep first aid tools on hand

It can be difficult proving negligence in personal injury claims, so it is usually best to hire a personal injury attorney to help you prove your case in court. While many premises liability cases are settled out of court, others may go to trial. For this reason, it is a good idea to hire an attorney with extensive trial experience.

Common Day Care Injuries

While children can be hurt at day care in many ways, some accidents occur more often than others. Some of the most commonly reported day care accidents and injuries include:

  • Being hit by falling objects

Many children are hurt each year by items at their day care facility that are not secure. Bookshelves, tables, and other large objects should be firmly anchored to the wall so that accidents do not happen. Failure to do so puts every child at risk, because children tend to climb on these items during the course of the day.

  • Playground injuries

The statistics compiled by the Centers for Disease Control, or CDC, show that of the 200,000 playground injuries that occur every year in the U.S., 20,000 children are treated for brain injuries or concussions. In addition to head injuries, children are likely to sustain fractures requiring treatment. Most day care facilities have playground equipment and outdoor play time, making these types of injuries commonplace. Some of these injuries may be due to faulty playground equipment, or they may occur because the day care worker was less than vigilant in their duties.

  • Injuries inflicted by other children

While it can be more difficult proving negligence if your child was injured by another child at day care, it is not impossible. If your child’s injuries were during a time when the worker was not taking due care to keep your child safe, then you may be able to file a personal injury case against the child and the day care.

Damages

You may be able to obtain compensation for certain expenses and damages in a personal injury claim. Some of these damages may include:

  • Emergency room care
  • Hospital costs
  • Doctor visits
  • Pain and suffering
  • Cost of crutches or wheelchairs
  • Emotional distress
  • Therapy fees

Time Limits

Every personal injury case has time limits in which a claim must be filed in court. Because each state has different time limits, it is best to see an attorney as quickly as possible after your child’s accident to avoid losing the right to file your claim. Failing to get your case filed in court within the statute of limitations in your state may mean your case will not be heard.

If your child suffered a serious injury due to the negligence of a day care facility or day care worker, contact a personal injury attorney for advice. After going over your child’s medical records and your case, your attorney will present all your options available under the law. While filing a lawsuit will not remove the trauma and pain of your child’s accident, it may help ease the financial burden that can often be quite costly when injuries are severe.

Apartment Building Accidents: Who Is Liable?

When accidents occur in apartment buildings, it falls under premises liability law. Property owners must keep apartment buildings, playgrounds, and common areas safe for the people who live there and for those who visit. Failure to do so could result in a personal injury lawsuit. The following is an outline of premises liability law and how it may help those hurt in apartment building accidents to obtain a monetary settlement for their injuries. If you or a loved one have been involved in an apartment building accident, seek the advice of a personal injury lawyer to learn about the options available to you.

What Duty Does the Landlord or Property Owner Have?

The landlord or property owner has a duty to maintain the apartment building and surrounding common areas in a manner that is safe. In order to obtain a settlement in an apartment building accident lawsuit, you will be required to prove that the landlord or property owner did not maintain an appropriate standard of care and caused your injuries. The rules regarding the standard of care in regard to apartment building landlords and owners are as follows:

  • The Tenant Must Use the Property in a Normal Manner

The tenant must not engage in dangerous activity that may put them in harm’s way. If an accident is due to the fault of the tenant, the apartment building owner or landlord will not be held liable for their injuries.

  • The Property Owner or Landlord Must Keep the Property Safe for Tenants

Owners and landlords must keep their properties properly maintained and free from hazards to avoid being held liable after an apartment building accident.

Responsibilities in an Apartment Building

In a rented apartment, the person who is responsible for keeping the property in proper working order is responsible for paying for your injuries after an accident. In most cases, tenant/landlord responsibility looks similar to this:

  • The Tenant Is Responsible for Things Inside the Apartment Like Furniture or Other Objects That Move

If you are injured by something such as a bookcase falling on you, you will be responsible for your accident-related expenses and injuries.

  • The Landlord Is Responsible for All Other Areas

Premises liability law requires landlords to maintain hallways, entryways, and staircases in a safe and appropriate manner. Things that cannot be moved inside the apartment are also their responsibility. These things include flooring, walls, and any fixtures that come with the rented apartment.

  • Proving Negligence

Proving that the property owner or landlord was negligent and caused your injuries may not always be an easy task. Some injuries that happen outside the apartment in common areas may be easier to prove, while those that occur inside your apartment may be more difficult. For this reason, it is typically best to speak with a lawyer to determine if you can prove negligence on the part of the landlord or property owner.

  • Damages

If you are successful in your apartment building accident case, you may be able to obtain money for certain damages and expenses related to the accident. Some of these damages may include:

  • Cost of Doctor Visits
  • Emergency Room Fees
  • Ambulance Transport Costs
  • Unpaid or Outstanding Hospital Bills
  • Cost of Physical, Speech, or Occupational Therapy
  • Pain and Suffering
  • Emotional Distress
  • Lost Wages

If you are permanently disabled due to the accident and cannot return to work, you may be able to obtain compensation for future lost wages. This is money designed to repay you for the money you will no longer be able to earn over the course of your career. It is extremely important to calculate future lost wages accurately in personal injury case, so it is best done by a lawyer who has experience in this area of the law.

What Can a Lawyer Do to Help You Win Your Case?

Apartment building accidents are always stressful, and the legal process is hard to navigate even in the best of circumstances. Your lawyer may be able to help you win your case by:

  • Hiring Accident Investigators
  • Speaking with Your Doctors to Prove Your Injuries Are Severe or Disabling
  • Negotiating with the Insurance Company for the Apartment Building or Landlord
  • Filing Court Documents
  • Representing You at Trial

While it is never a pleasant experience going through an accident or injury, you may be able to obtain a monetary settlement to help you through this difficult time. Hiring an attorney may increase your chances of proving that your landlord or property owner was negligent and caused the injuries that keep you from working to support yourself and your family.

The Landlord Is Responsible for All Other Areas

  • Cost of Doctor Visits
  • Emergency Room Fees
  • Ambulance Transport Costs
  • Unpaid or Outstanding Hospital Bills
  • Cost of Physical, Speech, Or Occupational Therapy
  • Pain and Suffering
  • Emotional Distress
  • Lost Wages
  • Hiring Accident Investigators
  • Speaking with Your Doctors to Prove Your Injuries Are Severe or Disabling
  • Negotiating with the Insurance Company for the Apartment Building or Landlord
  • Filing Court Documents
  • Representing You at Trial

While it is never a pleasant experience going through an accident or injury, you may be able to obtain a monetary settlement to help you through this difficult time. Hiring an attorney may increase your chances of proving that your landlord or property owner was negligent and caused the injuries that keep you from working to support yourself and your family.

Domestic abuse

Domestic Violence: When You Should Sue and What You Should Know Before Filing a Case

Domestic abuse occurs when one person in a relationship, such as a romantic partner or family member, exhibits abusive or violent behavior in order to control the other person. Up to one-third of all female murders result from escalated domestic violence. The following web page seeks to define domestic abuse, the forms it takes, and the considerations to make before filing a claim.

What Is Domestic Abuse?

According to the American Bar Association, domestic abuse is a behavioral pattern that involves one intimate partner using physical violence; threats; coercion; intimidation; and emotional, economic, or sexual abuse to control their partner in a relationship.

Domestic abuse may take any of the following forms:

  •    Physical violence, such as punching, hitting, and similar actions
  •    Isolating a person from their family and friends or threatening to take a person’s child from them
  •    Making harassing phone calls and stalking
  •    Destruction of property
  •    Withholding financial access
  •    Marital rape

Considerations to Make Before Suing a Person for Domestic Abuse

Can You Sue a Spouse or Family Member?

For a long time, suing your spouse was restricted on the grounds of spousal privilege. These days, a few states allow parties to sue their spouses—either while they are still married or after they are divorced. However, there are states where suing your immediate family is still prohibited. These include Arizona, Hawaii, Louisiana, Texas, and Washington, D.C. But in these states, exceptions are allowed for intentional torts or purposeful and specific acts of wrongdoing. All the behaviors that constitute domestic abuse, such as assault, psychological abuse, and battery, are categorized as intentional torts.

Protective Orders

Courts usually issue protective orders as a first measure toward resolving cases of spousal abuse. Evidence such as medical records, police reports, and photographs may need to be obtained when necessary. In some instances, a sworn statement is enough for one to be given a protective order.

Protective orders take many forms, depending on the prevailing situation. These orders generally require the at-fault party to comply with any of the following:

  •    Stop the abuse, which includes threatening or hurting the victim
  •    Stay away from the victim and their home, school, or workplace
  •    Cease all contact with the victim, including texts, phone calls, email, mail, or delivery of gifts or any parcels
  •    Surrender firearms
  •    Attend counseling sessions

Violating a protective order may result in a fine, imprisonment, or an extension of the duration of the order.

Criminal vs. Civil Charges

In some cases, the one accused of engaging in domestic abuse could be charged with breaching domestic abuse laws or other crimes when they engage in assault, threats, criminal coercion, child endangerment, or contempt of court by violating a protective order. Child abuse, harassment, kidnapping, or unlawful imprisonment are also considered violations of domestic abuse laws.

Many people wrongly think that when a person is tried for an offense in a criminal court, they cannot be tried for the same offense in a civil court. This is not the case, as demonstrated by the case of Goldman v. Simpson. In this example, O.J. Simpson was acquitted of murder in a criminal court but was sued for money damages in a civil court. Therefore, a domestic abuse victim can pursue a personal injury claim against their oppressor in a civil court. In civil lawsuits, a domestic abuse victim may be able to recover medical expenses, property damage, lost wages, pain and suffering, wrongful death, and punitive damages.

Family Court Case

Spousal abuse is mostly revealed during divorce or child custody cases. Studies show that half of all cases of child custody involve some form of domestic abuse. Domestic abuse in these proceedings means that the accused partner will lose the custody of the child until they satisfy certain conditions. The court may require the accused to complete a treatment program before they can be allowed child visitation rights.

Tort Claims vs. Criminal and Family Court Proceedings

Pursuing a tort claim against a person engaging in domestic abuse is far more relieving and rewarding compared to criminal and family court proceedings. The following are some of the reasons you should consider pursuing a tort claim in domestic abuse situations:

  •    Divorce is normally granted after spouses have been separated for one year. However, a tort case based on domestic abuse can be sufficient grounds for breaking down a marriage.
  •    Even after the abuser is charged with a crime, the victim can pursue a civil action to be compensated for damages. The awards can be as high as $100,000, depending on the duration of abuse.
  •    During the division of matrimonial property, a tort claim can cause the victim to get a larger share of the property.
  •    A tort claim can also be used to bargain for a separation.
  •    In criminal cases, the victim plays a passive role in the proceedings. Most victims feel that justice is not served in criminal trials. On the other hand, tort cases are driven and determined by the plaintiff. In tort claim, victims can get retribution. Furthermore, while criminal charges are based on a few cases of violence that are easily proven, tort claims may involve several years of abuse.
  •    Victims of assault in domestic abuse cases use tort actions to deter potential abusers. Media coverage of high-profile tort claims condemn violence and educate as well as encourage victims who are fearful of filing their own claims.

If you are a victim of domestic violence, there are several measures you can take to ensure that your oppressor is brought to justice. However, before taking any action, you need to determine what actions qualify as domestic abuse. The other consideration you need to make is to decide the type of charges you want to press. Even after pursuing criminal charges, you can further make a tort claim against your oppressor to maximize punishment and to experience relief from your ordeal.

Amusement Park Accidents

What To Do In Case Of Amusement Park Accidents

Every year, millions of people visit amusement parks to have fun. Unfortunately, that is not always the case, as thousands of people are hurt each year in amusement park accidents. While some of these accidents are not serious, others cause injuries that last a lifetime. The following discusses what you can do if you or a loved one sustains injuries after an amusement park accident.

Types of Injuries

Amusement park accidents can occur in many different ways. Many parks feature roller coasters, water slides, and a variety of games for people to enjoy. When something goes wrong, people can suffer injuries that range from minor to fatal. Some of the most common types of amusement park injuries include:

  • Whiplash
  • Closed head injuries
  • Back injuries
  • Neck injuries
  • Traumatic brain injuries
  • Fatal injuries from falling out of rides
  • Stroke
  • Heart attack
  • Drowning on water rides and slides
  • Bone fractures
  • Facial lacerations and fractures
  • Brain aneurysms
  • Torn ligaments
  • Compound fractures that require surgical repair

Causes of Accidents and Injuries

The causes of accidents and injuries that occur in amusement parks are vast as there are many different activities and rides within the premise. Some of the most common causes of amusement park incidents that lead to injury are:

  • Human Error and Negligence

There had been several reported cases where ride operators fail to do their job properly due to different reasons, such as poor/inadequate training, substance abuse, being overworked or being complacent.

  • Mechanical Failure

Among the most common mechanical failures that occur in amusement park include seat belt breakage, computer breakdown, and malfunctioning brakes.  Regularly conducting test rides and checking mechanical systems would help avoid future accidents.

  • Robbery Or Assault At Amusement Parks

Assault and theft are very common complaints among amusement park goers.  Thieves know park visitors will be carrying more money than usual to pay for entrance tickets, new rides, lockers, and food. If the amusement park does not have adequate security measures in place or security cameras, they may be held liable for violent acts.

Filing a Personal Injury Claim

Amusement park incidents are filed under the premises liability laws in the state where the accident occurred. To obtain compensation, you must prove that your injuries were due to the negligence of the amusement park or a ride manufacturer. For this reason, it may be a good idea to hire an attorney who can help prove your case.

Types of Damages Awarded

If you have been hurt at an amusement park, you may be compensated for the following:

  • Hospital bills
  • Cost of emergency care
  • Physical, speech or occupational therapy
  • Doctor’s fee
  • Emotional distress
  • Physical pain and suffering

Premises liability law also provides a way for family members of loved ones killed in amusement park incidents to seek compensation for their injuries. This type of lawsuit is known as a wrongful death suit and can be filed by the:

  • Spouse or domestic partner of the deceased
  • Legitimate children or step-children of the deceased
  • Parents of deceased if under 18

How Can An Attorney Help?

Proving an amusement park injury can be quite complicated. An attorney can review your case, and discuss with you if you should bother suing the amusement park and what damages you can collect for you or the injured loved one.

An attorney with strong experience in handling premises liability claims can help prove your case by:

  • Obtaining accident reports
  • Hiring accident investigators
  • Speaking to medical experts to establish and strengthen your case
  • Negotiating with the amusement park’s insurance company
  • Filing your lawsuit in court
  • Representing you or your loved one in court and at trial

The legal process of amusement park accidents can be agonizing for many accident victims. Having an attorney to guide you throughout the process can reduce the frustration and stress associated with your case.

If you or a loved one has been hurt at an amusement park, look for an attorney that specialize in handling personal injury claims. After reviewing your medical records and the facts surrounding your case, your attorney will let you know how to move forward with your case. While the legal process is never an easy one, it will allow you to obtain appropriate compensation for your injuries caused by the negligence of the amusement park.

 

How to Prove a Nursing Home Abuse or Neglect

Nursing home neglect falls under the legal classification of a medical malpractice claim. These are difficult cases to prove because the patient is the one who holds the key to many unanswered questions. Many patients in nursing facilities have mental or physical conditions that prevent them from being able to speak affirmatively regarding their care. A legal team relies on family and friends to help bring the offenders to justice.

In any nursing home abuse or neglect case, it’s a must to be able to prove that an injury has a direct link to the negligence of the caregivers. This is where things can get tricky. All claims must be verified and backed up with solid proof. Pursuing a nursing home facility for abuse or negligence requires substantiation. An expert testimony alone is usually not enough to win a case.

A medical malpractice case that involves a nursing home facility goes beyond someone making a small mistake. There must be substantial evidence that someone in the facility was negligent or abusive, and the action caused an injury. Unfortunately, many nursing homes get away with neglectful ways because the injury is not severe, and it does not meet criteria for a legal battle. The burden of proof is on the plaintiff. In addition to the presence of an injury, the following things must be gathered to file a legal case:

  • Proof of Negligence
  • Witnesses and Other Documentation to Backup Claim
  • List of Names and Additional Information
  • Medical Reports

Understanding Nursing Home Neglect

Filing a nursing home lawsuit is serious. Just because an injury occurs does not mean that it’s ground for a lawsuit. It is quite common in many nursing homes to falter in their services here and there. However, it does not always cause harm or danger to the patient. Sometimes injuries occur because the facility does not have enough staff to assist or supervise all patients. Not to mention that working in a nursing home facility is very demanding and stressful because of long working hours, unpredictable shifts, and poor working conditions. Finding good staff is often hard. Nonetheless, these facilities are required to do background checks and pull criminal histories on each applicant to ensure that the hired employees are mentally and emotionally fit for the job. But even despite rigorous screening, some people only work to collect a paycheck. As many people work in nursing home facilities, any one of them can be the defendant in a case. Here are a few individuals that may be identified in a lawsuit:

  • Nurses
  • Nursing Assistants
  • Doctors
  • Physical Therapists
  • Activity Coordinators
  • Managers
  • Directors
  • Patient Administrators
  • The Nursing Home
  • Medical Equipment Providers
  • Third Parties

Understanding the nature of nursing home abuse is critical especially if you are considering to admit a loved one in an assisted living home. It is common for patients to get bedsores from lying for extended periods of time. However, if the facility fails to address the patient’s condition, the situation can quickly escalate into something more serious. Bedsores can be extremely painful and produce a putrid smell, and therefore, should not be ignored. If bedsores have become an issue, the patient must be given proper medication and care. The condition must also be documented in the patient’s charts. When the sores do not get any better and have not been treated, it is a clear sign of neglect. The pain and mental anguish caused by these painful lesions can be grounds for compensation.

Walking is often difficult for elderly or those who have had surgery. Some patients come to these facilities after a knee surgery to recuperate. Others may have arthritis that prevents them from walking long distances. Still, the nursing facility is required to have these patients up and walking each day at the pace that’s appropriate for their condition. Otherwise, they will lose their ability to walk if they do not use these muscles.

Filing a Nursing Home Lawsuit

Seeking the help of an experienced lawyer can make it easier for anyone to file and deal with a nursing home lawsuit. An attorney and his/her assistant or team can do all of the legwork including interviewing witnesses and gathering further information relevant to the case. There usually are many people questioned to make a lawsuit stronger, such as family friends, relatives, nursing home caregivers, other patients in the nursing, etc.

Family members often experience mental anguish when they place their loved one in the hands of a facility who fails them. Nursing home abuse happens every day across this country.

Here are a few steps to take if you suspect that your loved one is not receiving proper treatment or being neglected:

  • Gather all of your loved one’s medical records
  • Ask your loved one’s a few questions on how she or he is treated in the facility, and take note of the details.
  • If there’s the presence of injury (e.g. cuts, bruises, etc.), make sure to take a picture of the wound, contusions, or whatnot. Ask your loved one’s caregiver how the patient sustained the injury.
  • Request for medical screening to get concrete information about the injury from an expert.
  • Consider moving your loved one to another facility as soon as possible.
  • Inform the proper authorities (Police and District Attorney).
  • Contact the Department of Social Services and Adult Protective Services.
  • Call an attorney to get advice on your loved one’s rights and in filing a lawsuit if necessary.

Proving nursing home damages can take a lot of work. Although you may already be aware of your loved one’s fundamental rights, you’ll need proper direction on who to be held accountable and how to proceed with collecting damages. Look for a lawyer who has years-long of experience in handling medical malpractice and nursing home abuse or neglect cases. You want to make sure that the nursing home will become more diligent in their duties and responsibilities, at the same give your loved one the justice and compensation she or he deserves for experiencing a potentially traumatizing treatment.