Potential Dangers of Defective Products for Children

For 2014, the U.S. Consumer Product Safety Commission (CPSC) issued 17 million product recalls for merchandise that was intended for children. Several items like cribs, strollers, clothing, and toys were pulled out of the market for failing to follow safety protocols required federal law. Left unnoticed, these defective products could pose serious risk of injury for children.

Such was the case back in the year 1998, when a tragic accident involving a defective crib took the life of a 16-month old baby. The infant Daniel Keysar suffocated and was strangled under the weight of his collapsed Playskool Travel-Lite crib. Despite having been recalled 5 years prior, plenty of other infants met similar accidents while using the said crib.

These tragic incidents were able to spark a conversation about the potential dangers of defective toys and products for children. In response, the government was soon able to impose stricter policies and regulations for manufacturers and distributors to follow. Through the Consumer Product Safety Improvement Act of 2008, also called ‘Danny’s Law’, the public can rest assured that the items they buy are safe for use and consumption of their children.

Still, as the earlier data suggest, the law isn’t a fool-proof way to assure the safety of consumer products. That’s why the CPSC keeps a close eye on products that may have fallen through the established safety nets. A recent recall posted on the CPSC website alerts the public on a defective stroller whose handle can break and cause the infant to fall.

Now, only one question remains: What happens when these recalls are issued too late? In March 2015, a recall for a residential hydraulic elevator came after causing an accident that resulted in a traumatic brain injury for a 10 year old child. According to the website of the Mokaram Law Firm Houston personal injury attorneys, the only way to prevent similar incidents is by holding manufacturers and distributors accountable for their negligence.

Foods to Eat After an Accident

Automobile accidents are difficult to recover from. The website of Ronald J. Resmini LTD. says that even minor accidents cause significant psychological and physical damage. Although there is no overnight cure, an article in the Victoria Advocate says that certain foods can help with recovery after an accident.

Soups and pureed vegetables contain a lot of nutrients necessary to build strength back up. Also, they are easy to prepare, which makes cooking less of a burden on yourself or the person that is taking care of you.

Despite the fact that they are opposite in terms of taste, miso soup and yogurt serve similar functions. Both contain friendly intestinal flora, which replenishes your system. Yogurt requires no preparation and is readily available, so there is no excuse not to get some intestinal flora inside of you.

Accidents are like the common cold in the sense that they both make you bed ridden, and orange juice can be used to help you get over them. Orange juice contains vitamin C, which promotes wound healing. A Champaign workers’ compensation attorney may be well aware of the debilitating nature of a workplace accident and would likely encourage a victim to get healthy after the accident. This can come from both rest and diet.

If you are a fan of fruit, blueberries and rose hips are a great food to check out. They also require no preparation and contain bioflavonoid, which strengthens capillaries.

Applesauce is also a great food to have, if you can get past the fact that the unsweetened kind produces the effective results. It is high in pectin, which normalizes bowel movements.

If you were not taking supplements before, definitely start taking them after an accident. Vitamin A and zinc repair tissue, and Bromelain reduces post trauma swelling, inflammation, and pain.

Treat your body especially well after an accident. Aside from just dietary choices, make sure you are getting adequate amounts of sleep and follow directions from your doctor and physical therapist as carefully as possible.

Above Ground Pool Accidents: The Pool Owner’s Responsibility

After having their own family car, having a swimming pool right in their own backyard is the next best thing for many American families. Besides ensuring great time for kids, pools make family bonding more fun and worthwhile. Thus, despite the failure to have their own custom pool constructed, many families still try to get the next best thing: an above-ground pool.

An above-ground swimming pool is usually designed as an inflatable structure, which is able to keep its shape when filled with water, or a vinyl liner attached to metal frames. This is the easiest (and the cheapest) kind of pool to build that even the person who bought it can assemble it by himself/herself. It can also be disassembled, making it easy to be moved to another location and, like any custom pool, it’s very tempting to dip into, especially during the hot summer months. But just as a custom pool can be a cause of accidents, so too can an above-ground swimming pool.

The advantage of being able to set up an above-ground pool without needing the help of a professional can also backfire and turn to be a disadvantage itself. Improper installation is the usual consequence of a do-it-yourself installation, which happens to be one of the most common causes of above-ground pool accidents. Some of the other causes of accidents include overcrowding, raucous behavior inside the pool, failure to anchor the pool properly, placing the pool on uneven ground, and holes or tears that can make the pool collapse.

Many think that the worst effect a collapsing pool could only be possible minor bruises. On the contrary, many have resulted to back injuries, lacerations, head injuries and fractures to the skull, based on cases reported. It is also a fact that the larger the pool is, the more serious the injury may be sustained if it collapses and the ones most prone to serious injuries are kids, of course.

Adding to the frustration of a collapsed pool is the possible worry of legal consequences if the person injured is a friend’s or a neighbor’s kid. An injured victim (or his/her family on his/her behalf) has the option to pursue legal action for the compensation that will cover medical expenses among others. While a pool may be a source of real fun, its owner is primarily responsible and liable for whatever happens in it or because of it.

Dog Bites in Wisconsin

A dog being trained as a service dog recently attacked and killed the 7-year-old son of its owner for reasons that have not yet been determined. The mother believed that the child was safe around the dog, which had been in the family for 3 months. The dog was a Rottweiler about 4 years old and was euthanized at the family’s request.

Dog bite laws in Wisconsin are uncompromising; if a dog causes injury to a person or domestic animal, or causes damage to property, the dog owner is liable for it under Wis. Stat. Ann. § 174.02 under all circumstances. In the case above, the mother would not face civil litigation but may have faced criminal charges if she had been in any way to blame for the attack. The latest update on the case indicated that the mother was not at fault in the boy’s death.

If the dog had bitten someone else or injured another pet or domesticated animal, however, the dog owner would be liable for the attendant costs, including but not limited to medical expenses, loss of income, loss of value (for death of another animal), or repair costs (for damaged property). Being a dog owner in Wisconsin can be tough, but the fact is pet ownership is a heavy responsibility, especially if the pet is large and/or inherently dangerous to others.

According to the website of Habush Habush & Rottier S.C. ® about half of all dog bite cases involve children, perhaps because they are more likely to approach a strange dog without trepidation, or they are less capable of warding off an attack. Even if the victim is partly or wholly responsible for an attack, the dog owner is still the liable party.

If you suffered serious injury or loss because of someone else’s pet dog, then you are probably entitled to compensation under Wisconsin law. Consult with a personal injury lawyer in your area for a better understanding of your legal options.

Why Hard Water is Bad

People who have never had any experience with “hard” water may find the concept of “softening” water weird. Those who live in Texas where hard water is common will nod their heads and start comparing notes about the best way to do it. Water is said to be hard when it contains metal ions such as calcium and magnesium, and the degree of hardness depends on the proportion of metal ions that occur in water. While this does not affect the safety of drinking water, it does have a distinct smell and taste that can be off-putting for some.

The real problem with hard water is what it leaves behind. About 80% of all households in the US have some degree of hardness in their water, but laundry in Omaha, Nebraska where the water is “softer” is apt to be better than in Austin, Texas. This is because the presence of metal ions affects how the water interacts with soaps and detergents. Instead of producing lather, it produces a sticky precipitate that we typically refer to as soap scum. It clings to most surfaces including clothes, drinking glasses and bathroom surfaces, and this residue is difficult to remove. It is unattractive and frustrating for any householder.

Aside from esthetics, hard water also seriously affects the energy efficiency of water heaters and any pipe or fixture where water passes through because the metal ions adhere to the surfaces, causing lime scale buildup. This can clog the pipes and openings, reducing water flow and causing appliances to eventually fail. In most cases, it is next to impossible to clean the lime scale out, so the homeowner is forced to replace the affected items. In areas such as Austin where the effects of hard water can go to the extreme, water softeners are necessary. Water softeners are machines that are designed to remove or neutralize these metal ions so that they will not wreak havoc in the home. There are many different methods for doing this but one of the safer and more energy efficient way is through ion exchange. There are two- and three-tank systems, but the three-tank systems are self-cleaning, which reduces the costs of maintenance. There are systems that make use of a mechanical turbine instead of electricity to pump water from one tank to another, making it environmentally and pocket friendly as well.

Business Concerns: Trademarks and Trade Secrets

Any company’s reputation will surely be put on the line if its trade practices are found deceptive or misleading, unless such deception is the work (and proven to be the work) of another, such as a competitor. According to the website of Arenson Law Group, PC, trade secret is what usually makes a company more successful than all its competitors (which are in the same line of business). It can be a simple formula, program, device, method, technique, process, practice or any critical information which can be the source of economic gain to someone who discloses or uses it. Thus, to protect a company’s competitive edge or trade secret, it has been considered as one the categories that need to be put under the protection of the Intellectual Property Law. These protections afford a company the ability to pursue litigation when it feels someone has infringed on its properties in order to both get a possible compensation and clear the company’s name from any false accusations.

Obtaining trade secrets illegally is a violation of federal and state laws. The state, generally speaking, is the one primarily tasked to enforce trade secrets laws, however, a law passed in 1996, the Economic Espionage Act (EEA), gives the federal government the authority to take charge over certain cases. This same Act also gives the U.S. Attorney General the power to prosecute anyone (individuals or companies), who can be proven as involved, in whatever way, in the misappropriation of trade secrets. The Attorney General has, likewise, been given the authority to impose severe punishment on whoever will be found guilty of deliberate stealing, copying or receiving of trade secrets. And, if a foreign government or business firm will benefit from a trade secret misappropriation, then the punishments to be imposed on those found guilty and caught will be doubled.

Besides trade secrets, another category placed under the protection of the Intellectual Property Law is trademark. A trademark, also called brand name or service mark can refer to a slogan, logo, mark or symbol that will directly identify the provider or source of goods or services.

A trademark, even by itself, can distinguish quality goods and services from substandard ones. Thus, some have just have the inclination to make their brand name, symbol, logo, as well as the colors of the symbol, as close as possible to the original, in an attempt to lure or mislead inattentive and unassuming customers.

Fort Worth intellectual property lawyers, trained in intellectual property law, can identify an act of infringement, where there is one, and put a good argument that will uphold the rights of an aggrieved individual or firm, and fight for damages where such is due.

Keep Your Pets Healthy

Dogs, wolves and foxes – all these belong to same family; and these are all active animals, running and playing most of the time, and hunting for their own food. In fact, to date, some breeds of dogs are still being used to pull sleds, keep the herd together or hunt with their master.

There are dogs, however, that seem to have been domesticated too much, made to wait to be fed by their owners and lying idle most of the day, since their owners no longer have the time to take them either for a walk or a run – daily exercises that these animals need so much.

Dog experts agree that dogs that never get their daily dose of exercise have the danger of transforming their unused energy to harmful playful moves or attacks. Some of the signs of this unspent energy in dogs include: destructive chewing; knocking furniture over; constant scratching on walls, on the floor, or on the door; whining; jumping up on people; digging; rough play; play biting; and, too much barking.

Lack or absence of exercise and play can be a couple of reasons why some dogs suddenly become injurious even to their owners. The US Centers for Disease Control and Prevention (CDC) states that about 800,000 cases of dog bites are recorded in the US every year. Quite an alarming figure, but what’s more bothering is the fact that a great majority of the victims are either children aged between 1-9 years old or the elderly; children aged 4 and younger usually suffer bites on the head and neck.

Owners are fully responsible even for the behavior of pets. This is why some dog owners hire the services of dog walkers to make sure that their dogs get the much needed exercise needed as often as possible within a week. A well-exercised and healthy pet is much better than an often idle one but which can resort to injurious playful moves or attacks without warning.

Other than children and elders, some of the most common victims of dog bites and attacks are neighbors and relatives (who come for visits). When a dog bites, however, the issue of kinship or of being neighbors is replaced by legal concerns, which the dog’s owner will have to face. Along this line, the victim or his/her family may find it difficult to refer the case to a legal professional, especially if the dog’s owner is a relative or a close family friend. One person the victim can turn to in this case is a personal injury lawyer, whose training and expertise will help in dealing properly and professionally with both the victim and the liable pet owner.

The Dream of Owning Luxury Sport Fishing Boat

In the past, yachts served as the Dutch navy’s vessels in chasing and catching pirates. These began to be known as deluxe vessels, however, when Charles II of England used these to transport highly important individuals between Holland and Britain.

Today, yachts serve as either recreational or leisure boats, using these for racing, fishing, or for a cruise to an exotic vacation destination. Some are built 26 feet long, while those called mega yachts, which are built for cruising, extend up to 164 feet or 50 meters in length. Nowadays, many people use these kinds of boats for fishing excursions.

A luxury sport fishing boat, designed with all imaginable amenities, only renders one’s favorite hobby an experience he or she will never tire from. Well, the way yachts are designed and built today, three things are always assured: adventure, excitement and comfort – and all at their highest peaks.

Imagine boarding your yacht designed with enough luxurious rooms for socialization, lounge, and resting/sleeping, as well as rooms for all your needed gadgets and equipment, such as your broad range of fishing gear. It’s also equipped with fishing rod holders, fish fighting chairs, rigging stations, tackle lockers, rocket launchers, fish boxes, and tanks where you can keep your live baits; and it comes designed with showers, sinks and toilets, an eating area, a kitchen, and a wide deck where you can enjoy the evening sea breeze with family and/or friends over barbecued fresh catches.

To enable sport fishers, and more so, big-game fishing enthusiasts, to enjoy extended time out in the sea, sport fishing yachts have been calculated to be self-sufficient, aside from the guarantee that these are sturdy, fast and with great maneuvering capabilities. And besides fishing, sport fishing yachts can figure equally great for scuba diving, offshore boating, racing, and cruising activities.

 

Receiving Concurrent Social Security Benefits

The Social Security Disability Insurance (SSDI or SSD) and the Supplemental Security Income (SSI) may both be the Federal government’s way of providing cash benefits to disabled persons, but both definitely differ in eligibility requirements.

To be an insured SS member or a qualified beneficiary of the SSDI program, the Social Security Administration (SSA) requires that an individual:

  • Has acquired the necessary amount of credits (4 credits within a year) through the monthly payment of Social Security taxes (this tax payment is automatically deducted from an employee’s salary and identified as FICA, which means Federal Insurance Contributions Act)
  • Is not more than 65 years old (those above 65 would be receiving the SS Retirement benefit instead) and is totally disabled. The cause of the disability need not be work-related, but it should be found in the list of severe medical conditions made by the (SSA). This disability: should also be serious enough to render the insured member incapable of performing the work he/she did before the disability (or any other work, for that matter); has lasted for a year or is expected to last for, at least, a year; and, it can possibly result to death.

Supplemental Security Income or SSI requires only that a person is 65 years old or above, is blind or disabled, and has a very low amount of (or totally no) income or asset. The financial benefits awarded to qualified individuals ought to be used for his/her basic needs – food, clothing and shelter, thus the word ‘supplemental.’ The very low limit on income and asset makes qualifying for the SSI benefits particularly hard, though. Yet, if a person does qualify, then there is no stopping him/her to also apply for (and receive) the SSDI benefit.

Individuals receiving both SSI and SSDI are recipients of what is called, “concurrent benefits.” This can be due to having been awarded a small SSDI payment only, maybe because of not having worked much for the past years or because of low salary. Thus, whatever is lacking from the supposedly maximum amount of benefit one program provides, the other program will add on to. Currently, SSI pays $721 per month (the maximum amount is higher in some states); thus, if the SSDI cash benefit one receives is lower than $721, then SSI will raise it to such amount.

According to the website of the Hankey Law Office, the SSA is strict in evaluating and approving applications, so that only a few are approved, with the bulk of rejected applications ending up in federal courts for reconsideration.

Applicants definitely need legal assistance and one highly-qualified person who can help them in their various benefit claims concern is an Indiana Social Security lawyer. Applicants ought to realize that having legal assistance and being legally represented will make a big difference, from the preparation of all documents and paperwork to the submission and defense of these.

Personal Injury: Product-related Injuries

Product-related injuries and deaths tracked and recorded by the United States Consumer Products Safety Commission (CPSC), include the following:

  • Toy-related injuries for the years 2001 and 2006 were 255,100 and 220,500, respectively;
  • 200,000 laptop batteries, which could overheat and cause fire, were recalled by Dell in 2005
  • Nearly 30,000 electric blankets had to be recalled in 2003 due to a tendency to overheat and burn the user when these are folded or bunched
  • In 2006, due to defective parts, Toyota recalled over 1.4 million of its cars
  • Due to the use of the Ortho Evra® birth control patch, a number of young women were found to have developed blood clots, which also caused their death

With regard to the conflict between manufacturers of products, which present some form of hazard or risk to safety, and consumers who may be injured through the use of such products, Marshall S. Shapo, a product liability expert from the Northwestern University School of Law, said that it’s a continuous rivalry that will have no end.

According to the website of Abel Law Firm, thousands of product liability claims are filed in various US courts every year, leading to settlements or court decisions in favor of consumers who have either been directly or indirectly injured by poor quality and defective products. Rather than spend millions of dollars in continuously paying settlement claims or court and lawyer’s fees, many companies find it more logical to invest on whatever will make their products definitely safe, including in product labeling and packaging. Nevertheless, some companies continue to cut corners when it comes to safety, and people are hurt as a result.

The Federal government’s Bureau of Consumer Protection, the nation’s consumer protection agency, protects American consumers from defective, misleading and defective goods by preventing any form of fraudulent and unfair business practices; it also formulates, upholds, promotes and enforces fair marketplace laws, investigates complaints on defective and substandard products, accepts complaints from consumer, files suits against individuals or firms that mislead consumers or violate consumer rights, and educates both consumers and businesses on matters concerning their (purchasing or manufacturing) responsibilities, duties and rights.

Products that cause personal injuries (an injury resulting from the negligence of a person, firm or any party) require the payment of damages to victims. Being represented by a highly-qualified legal professional would be wise, as victims will necessarily need good representation whether in court or acquiring an out-of-court settlement.

A Houston personal injury lawyer would be another commendable choice for the chance of meriting the maximum legal amount of compensation the victim may be entitled to receive. Whether in Houston or in Chicago, victims should know that there are totally dependable people who are always prepared to represent them anytime and anywhere, and who are just a phone call away.