Child Car Seat Defects

When buying a new car, it is advised that a customer asks what safety features his/her choice car is equipped with, besides the mandated seat belt, airbag and child safety seat. These three are crash-safety devices and manufacturers have long been required by the federal government to make sure that cars are equipped with these features which are meant to keep vehicle occupants from sustaining serious or fatal injuries during crashes.

A car that has a defective design or part is always a threat, first to the safety of its driver and occupants and, second to everyone else on the road. Unfortunately, despite the minimum performance requirements for car parts that are laid down by the Federal Motor Vehicle Safety Standards (FMVSS), the National Highway Traffic Safety Administration’s (NHTSA’s) duty to ensure that car manufacturers comply with federal standards on vehicle safety and excellence, and car manufacturers’ legal duty to make sure that every unit of vehicle that leaves their plant is safe and can keep drivers and occupants safe, so many cars with defects continue to be sold and purchased by unsuspecting buyers. Due to the threats presented by these defects, recalls have been ordered by the NHTSA since 1966 which affected more than 390 million mopeds, motorcycles, recreational vehicles, buses, trucks and cars; 66 million pieces of motor vehicle parts; 46 million tires; and, 42 million child safety seats.

In 2013 alone, NHTSA records show 22 million vehicles recalled by more than 10 car manufacturers due to defective parts; these specifically included seat belts, tires, steering wheel, brake pads, wipers, child seats and air bags that deploy despite the vehicle not crashing; there was also a case in which gas leaked from the engine, increasing risk of fire. These 22 million vehicle recalls in 2013 was still lower, however, compared to 30.8 million recalls made by NHTSA in 2004.

One specific car part that can probably cause the worst harm, if defective, is child car-seat. In 2003, after receiving 2,700 reports of malfunctioning car seats and more than 200 reports of related injuries, the National Highway Traffic Safety Administration (NHTSA) and the Consumer Product Safety Commission (CPSC) decided on recalling four million infant car seats/carriers: the defect was on the product’s handles, which could fail to properly lock or break during ordinary use. In 2014, according to the Centers for Disease Control and Prevention, 602 children aged 12 or below died as occupants in motor vehicle crashes,while more than 121,350 were injured.

While child car seats have generally saved millions of infants from injury or death, some have actually been causes of injuries and/or death too. This, according to Chicago auto accident attorneys, is because car defects aren’t detected until the time of a crash, allowing for a greater risk of an unanticipated, life-threatening injury. The presence of defects, however, only means that a manufacturer has failed to uphold the safety regulations aimed at protecting consumers. This renders him/her liable for the harm that results from his/her defective product.

The family of a child, who is injured because of a defective child safety seat, may grounds for a product liability claim. Filing a claim, however, more so, proving that the injury was due to a defective part is not easy. This will definitely require expert opinion from forensics scientists, mechanical experts and a highly-skilled attorney to prove that the family has a valid product liability claim.

Sexual Crimes through the Web

The Internet: no doubt it has made every bit of information readily available and messaging in an instant, no matter in which part of the globe a person may be located. Simple clicks of buttons will enable anyone to gather any type of information or, connect with a friend or a kin; these are a couple of the web’s positive uses. On the downside, however, the Internet has made it fast and too easy to execute offensive or criminal activities; hack into private government or personal records; and commit cyber fraud, cyber-based terrorism, computer intrusions, espionage, and even Internet sex crimes.

These may be less serious offenses compared to the other sexual criminal acts, but Internet sex crimes, nonetheless, have become an alarming concern to governments around the globe due to the very damaging effects these cause in those affected plus the ease with which perpetrators accomplish their offensive and destructive wrongdoings.

Through wired or wireless access to networks, sexual offenders are able to quickly create and disseminate different forms of sexually offensive and abusive materials and sexually-tainted messages, such as photos depicting child pornography and solicitation efforts, which often lead to contact offenses, like sexual assault or rape.

A global, multi-disciplinary organization, called the Association for the Treatment of Sexual Abusers (ATSA), which is committed to helping stop sexual abuse, says that the most common forms of Internet sex offenses include trading and posting on-line of child pornography and sexual chats with children, adolescents or any vulnerable persons. The offender, who is an adult, first convinces their victim to produce or view pornographic images and then convinces them to meet face-to-face (for the committance of the crime). What is alarming about the whole thing is the fact that many teenagers do meet with their future offender more than once, describing such meetings as romantic occasions even.

Equally disturbing are data from the US Department of Justice’s National Sex Offender Public Website (NSOPW), which says that:

– Many teenagers and young adults have willingly shared online with others their naked pictures, some have sent their naked photos through text messaging or through “sexting”;

– Many of those who end up as victims of Internet sex crimes openly talk about sexual topics even with people they do not know while displaying sexually provocative photos/videos online;

– A large number of teenagers and young adults are open to, and have actually participated in, sexting (or the sending of sexually explicit messages, usually with images, from one mobile phone to another).

As explained by the Nashville sexual offense attorneys at Horst Law, the state defines indecent exposure as the intentional exposure of a person’s genitalia or butt to another person or exposing unwilling bystanders to any manner of sexual contact occurring between two or more participants. However, in order for this law to come into effect, the alleged incident must have occurred in a public place, the private property of a non-participant, or must have been easily visible from a private premise. Furthermore, the prosecution will need to demonstrate that a suspect could have reasonably expected that one of the above actions would be seen by another person, and that these actions would either offend any reasonable person or were for the sole purpose of gratifying the defendant’s sexual appetite.

Suing A Nursing Home For Negligence

When loved ones or relatives sends an elderly to a nursing home facility, there is an assumption that the senior citizen will be taken cared of and provided the care they require for their age. However, as Karlin, Fleisher & Falkenberg, LLC reveals, nursing homes end up abusing or neglecting their loved ones. When there are obvious signs of negligence, abuse, or neglect by these facilities, the loved ones of the elderly can sue them for nursing home negligence.

So what are the grounds for filing a nursing home negligence lawsuit? There is a plethora of causes that can make nursing homes liable for negligence. Here are some examples:

  • Failure to maintain the safety and being hazard-free of the facility. It is the responsibility of the nursing home facility to ensure that their residents are safe and free from any hazards such as slip and fall accidents.
  • Negligent hiring. The nursing home facility can be liable for negligence if they hire an employee who ends up neglecting, abusing, or intentionally harming a patient. The lack of training and supervision of the employee can be a contributing factor to this.
  • Failure to maintain sufficient health and safety measures. This includes maintaining cleanliness and sanitation in the rooms and common areas.
  • Lack of adequate medical treatment. Aside from negligence, the nursing home facility can also be liable for medical malpractice. This happens when there is sub-standard medical care resulting to harm for the resident.

Nursing home facilities that accept Medicare are bound to Federal Regulations in terms of standard of care. Regulations require facilities to provide the following guarantees:

  • An environment that is hazard-free as much as possible
  • Adequate supervision and assistance devices to avoid accidents

The challenge with proving nursing home negligence is that it is not always obvious what went wrong and who is legally liable for any injuries. At the same time, the evidence available is often incomplete and self-serving on the part of the facility. This is where having an experienced attorney can come in handy.

 

Serious Injuries Children May Sustain In Playgrounds

Substantial part of typical children’s life is spent on playgrounds to hone their locomotion skills and for them to learn how to interact with one another and to gain friends. However, an alarming statistic from the U.S. Centers for Disease Control and Prevention (CDC) revealed that over 200,000 children every year are treated in emergency rooms after suffering injuries in playgrounds.

One of the common factors of playground injuries is poor design or poor maintenance of playground equipment. Due to frequent usage and exposure to harmful weather elements, many components of playground equipment easily wear down. Deteriorated metal parts of slides and monkey bars that are already rusted for example can cause laceration injuries. Children who sustained such injuries are prone to tetanus bacteria infections. Such infections can be fatal and in some situations serious spasms may result to broken bones including spine. Individuals who sustained broken bones, according to the website of Russo, Russo & Slania, P.C., require continuous treatment to address long-term mobility issues and recurring pain.

Another cause of playground accidents is due to poor design leading to malfunction. A lot of children are at risk of sustaining fall injuries, head or neck injuries, in playgrounds if equipment suddenly malfunction during use. An outdoor playground can also be considered unsafe if it does not have sand or grass to lessen impact of fall. Protruding screws or nails in playground equipment can also cause serious injuries to children. Though parents are devastated when their children suffer playground injuries, it is critical for them to know who might be liable in such accidents. Clearly identifying negligent parties is important mostly if parents have decided to pursue compensations to cover expensive hospitalizations.

The CDC estimated that 45 percent of injuries in playgrounds resulted to amputations, internal injuries, serious fractures, and dislocations. A 2001 study of trends and patterns of playground injuries in the U.S. revealed that girls are slightly at high risk of sustaining injuries compared to boys.

What Are the Basics of Personal Injury?

There are very few moments in life that can change someone entirely. It is often described as a “before and after” event; who you were before and who you become after the one event are remarkably different people. And it can all happen in one day. Sometimes, these changes can be absolutely wonderful. You could win the lottery and manage to raise yourself out of debt. Your wife could give birth and you hold your first child in your arms and suddenly, you feel like a father (or the other way around).

Sometimes, unfortunately, these events can be devastating and leave you so much worse than it did before.

One kind of these horrible events is a situation that can be considered under the grounds of personal injury. Personal injury is the legal term that is used in order to depict a situation that concerns an injury that an individual has suffered upon their person that was a direct result of the negligence of another party. This injury can be physical, mental, or emotional in nature; some cases involve a combination of two or all three.

These injuries are debilitating and costly in more than one way which is why people are urged to seek legal action for them in order to receive compensation. More than just the medical expenses, the compensation rewarded to victims must also suffice for loss of wages from days of work that were lost in order to attend and then recover from the injuries. Sometimes, personal injury can even result in the death of the victim, which is an entire league of its own.

It is a complicated legal issue and it is filled with many intersecting variables that need to be taken into consideration by experienced professionals who are familiar with the field.