Defective Products

One of the greatest feelings we have is when that awesome package finally gets to the doorstep, or when you’re walking out the store with something you really wanted. The excitement to sit down at home, open it and enjoy it is almost unbearable sometimes, it’s like giving yourself a present for Christmas. Even better is if a package arrives earlier than expected and you’re either home to get it, or it’s right at your doorstep once you do get home; it adds a nice little touch of genuine surprise.

Recently, I bought an air-powered pellet gun from online. It was a hundred bucks with a scope and everything, I thought it’d be fun to use to hunt varmint while feeling like a sniper. When I got it, I unboxed it and admired it all. It looked great, was all wooden and made in Spain, very slick and gorgeous piece. I got the pellets out, printed some targets out to stick to a tree so I could calibrate the sights, and then the scope. Once I was all situated in the backyard to calibrate this thing, I opened it up to put a pellet inside, and it had a very subtle hitch while opening it up. I closed it up and aimed down the sites at the target and took the first shot with it, and the spring inside must have totally snapped because the barrel opened up and hit me right in the chest.

I didn’t get particularly hurt, the pellet had left the barrel before it flipped back open and hit me, and the actual impact from the barrel wasn’t too painful, but my initial reaction was pretty angry. The gun had a real propensity to be very dangerous and had I not lucked out, the damage could have been much, much worse. My chest was slightly nicked where the end of the barrel hit me, but there wasn’t any real deep damage, just a surface wound. After I collected my bearings from my slight overreaction, I took it upon myself to file the incident to the relevant places so I could get a new gun, all the while thinking how much further I would have taken the issue had I been really injured. There are stories on this website of much worse defective product accidents.

Thankfully, the process boiled over more than well. They reimbursed me completely and gave me a new pellet gun completely free of charge, the company made me not want to pursue them for any reason. It seemed like it was a true accident that they were very apologetic for and wanted to correct. The new one I got is arguably better than the one I bought initially, it’s even nicer and much stronger, and the scope feels like I’m playing a video game. The best part? It works flawlessly and doesn’t hit me in the chest, ever.

South Carolina DUI Charges

In South Carolina, felony DUI charges are only reserved for the most serious situations, where an impaired driver caused great bodily injury to another while driving. These convictions are only reserved for cases which caused significant harm to people and carry with them serious penalties.

Felony DUI charges are only brought in cases of great bodily injury, which the state of South Carolina defines as an injury which carries with it a serious chance of death, or that causes disfigurement or disability. If this great bodily injury causes the death of the victim within three years, the perpetrator of the DUI can be held responsible for their death as well. If one is convicted of a felony DUI for great bodily injury, they will go to prison for at least 30 days to at most 15 years and must pay a fine ranging from $5,000 to $10,100. Those convicted will also have their license suspended for a period of three years after their incarceration.

If a drunk driver causes the death of another, they can also be punished with felony DUI charges. The penalties for killing someone while driving under the influence are much more harsh than those for great bodily injury. A felony DUI conviction for killing someone carries with it a prison sentence of 1 to 25 years and a fine of $10,100 to $25,100, along with a license suspension of five years after incarceration.

A felony DUI is also given to offenders who have committed two DUIs before, regardless if the third resulted in great bodily injury or not.The consequences for this kind of Felony DUI are less harsh than those for great bodily injury, and max out at three years in prison and a $12,000 fine.

Those facing a felony DUI must take it seriously and respond with respect for the gravity of the situation. Legal advice is essential for those looking to confront felony DUI charges in court. Since most DUI cases are easy to prosecute, it’s important for those guilty of a DUI to show that they understand the gravity of their actions if they want to avoid prosecution to the fullest extent of the law. A felony DUI is life changing for all of the people involved, and will also likely affect their families for years. Such a serious situation must be handled by steady hands.

Troubled Waters

Embarking on a cruise is meant to be a time of adventurous fun and relaxation. Cruise goers can experience being surrounded by the vast beauty of the ocean while enjoying spa treatments, entertaining theatrical displays, and quality time with their company. The communal setting allows for interaction between cruise patrons in many settings onboard. This close proximity can be dangerous when sexual predators are also onboard these cruises. The United States Department of Transportation and each cruise company are collaborating to solve the major issue of high rates of sexual assault while onboard a cruise ship. Sexual assault is an extremely difficult epidemic that can leave victims injured physically and in most cases with serious psychological trauma.

On the high waters, sexual assault has become a major issue for the safety of cruise patrons and staff onboard. Rape culture in the modern world is a result of an overall desensitization of the general population. Viscous narratives in modern society that embody the disrespect and lack of empathy towards women are responsible for an increase in a multitude of violent incidents of assault. Specifically, the language used by figures such as the President of the United States is shaping the fragile minds of followers everywhere. When individuals in this seat of power speak grossly and without respect for their counterparts they invite other minds to join them in backward methods of cognition that feed on violence and dominance. In regards to rape cases, the term – sexual assault – can be used as an encompassing term for any physical sexual acts committed without the other person’s consent or when they are unable to provide consent. In the unfortunate event that this occurs, it is suggested that the victim seek proper follow up in the form of filing charges and giving testimony to the atrocities they endured. Survivors of sexual assault are strong individuals who have overcome great psychological trauma, and providing testimony with the help of an attorney like those from the Vucci Law Group against their offender may be extremely difficult and painful, but can help to bring the offending party to justice. If we do not bring these cases to light we can not adequately solve the issue at hand, rape culture invokes violence in fragile minds that lack empathy for fellow living being.

Violence of any kind has no place in the future of our society. Sexual assault is a gross form of violence in that it leaves a victim in a state of self deprecation, continued paranoia, and possibility for withdrawal from society. In the cruise industry sexual assault cases and statistics are coming to light thus showing a very dark reality where rape is extremely common and usually goes unpunished. Recently, the rate of sexual assault on a cruise ship has skyrocketed 550% compared to previous years. The dangers of rape culture are grave and it is the duty of every citizen to unify and stand against sexaul assault.

Assault and Battery Defense

One of the most common charges is called assault and battery. Assault happens when a person has committed an act that is intended to threaten someone of bodily harm, even if it ends up not harming the victim. Battery happens when a person has committed an act that is intended to actually harm a person.

Most of the time, assault and battery go together, because typically, when a person harms another, there is also the intention of actually doing so. According to the website of the Law Offices of Mark T. Lassiter, assault and battery convictions often have severe penalties, as they are frequently combined with other criminal charges, such as domestic abuse, alcohol or drug related charges, or weapon possession charges.

But it is important to point out that these charges can be defended. Below are some of the most viable defenses against assault and battery.

Unintentional Harm

As said earlier, assault and battery includes an act that is intentional, so a good way to counter the charge is to claim that what has happened has not been as such. Even though this can be a legitimate defense, it may be hard to pull off, because you have to prove that the cause of harm has been accidental. To avoid other charges, the cause of harm should also not involve negligence or recklessness.

Self-Defense

But how about on cases where the act has really been intentional? That may be harder to defend, but it is still possible, and one of the best ones is self-defense. You can argue that you have intended to harm or actually harmed the person because you are trying to defend yourself.

However, there are some limitations to this. You have to prove that on the moment of the assault and battery, you have perceived a danger to yourself, and the only way to escape from the threat is to fight back.

Distracted Driving: An Epidemic Threat on U.S. Roads and Highways

In 2015, 38,300 people were killed on U.S. in car crashes, while 4.4 million were seriously injured, making this year the deadliest driving year for Americans since 2008. Though the National Highway Traffic Administration (NHTSA) and the National Safety Council (NSC) blame the dramatic increase of fatal car crashes to the price of gas going down (as this resulted to many more cars on the road), still, the major cause of these accidents is driver error or bad road behavior.

The NHTSA’s Fatality Analysis Reporting System (FARS) and the Centers for Disease Control and Prevention (CDC) identify impaired driving (impairment may be due to alcohol and use of illegal or prescription drugs), driving beyond the set speed limit or driving fast despite poor road conditions, aggressive driving, reckless driving, and distracted driving with cell phone use as the number one cause of distraction.

Distracted driving, specifically, is any form of activity that takes a driver’s attention away from the primary task of driving. This bad road behavior takes many forms, including, but definitely not limited to, eating and/or drinking, cell phone use and texting while driving, smoking, and adjusting the radio. Since the introduction of cell phones and now, the expansion of smartphone functions and wider use of social media platforms, driving distractions due to cell phone use have not only increased but have also become more dangerous. Rather than just texting, making a call or answering one, many drivers, teenagers, mostly also send emails, snap selfies, conduct video chats, shoot videos, and use Facebook, Instagram, Twitter, or Snapchat; some even watch YouTube videos while driving, thinking that they can drive and do anything else in total safety (Snapchat, an apps that has a speed filter, allows a driver to take a selfie and send it to anyone hi/she likes all while driving at fast speed. The recipient of the photo has only about 10 seconds to view the shot before it completely disappears).

Distracted driving is an epidemic threat on U.S. roads and highways, and cell phone use is its number one form. In 2013 alone, of the 5.69 million auto crashes in the U.S., 1.2 million were due to talking on the phone, while another 341,000 were due to texting while behind the wheel.

Brownsville personal injury attorneys of The Benton Law Firm know well enough how an accident can leave an innocent victim in trauma, and in degraded financial, emotional, and physical states. Personal injuries resulting from the misconduct of someone else, whether the harm was intentionally inflicted or not, will always have a considerable impact on victims’ lives, making them face a variety of setbacks, including painful recovery periods, expensive treatments, lost time at work, and emotional distress. Thus, financial compensation, though it cannot undo the injury or its lasting effects, can take a considerable burden off the victim and ensure that the party responsible for the injury is held legally and financially responsible.

Slip and Fall Accidents Indoors

Slipping, falling, and tripping are underrated accidents. They should not be taken lightly because they may cause serious injuries, particularly in the head and back. At worst, they may even cause death.

According to an informative article on the blog of a Broker Negligence Lawyer, slip and fall accidents are under premises liability. So if you have been injured because of the negligence of a property owner, you may have a premises liability case waiting to be taken to court.

But what causes slip and fall accidents? In the outdoors, they may involve weather conditions, poor maintenance of roads, and unnecessary obstructions. In the case of indoors, it is much more complicated. Below is a list of indoor elements you should look out for because they make you vulnerable to slips, falls, and trips.

Escalators and elevators
Mechanisms that move from one floor to another such as escalators and elevators are very susceptible to slip and fall accidents. This is because of the fact that they move, have tiny parts and gaps between the parts. This combination puts passengers’ body parts such as fingers and clothing such as dresses at risk of getting caught or trapped, potentially triggering a slip and fall accident, or worse, an amputation. Defects and malfunctions, like escalators and elevators suddenly jerking, can also catch passengers off-guard.

Floors
Generally, slip and fall accidents concerning floors involve slippery objects like debris, water, and wax. If the floor has trash or debris that should have been cleaned, is wet without any warning signs and barriers, or is recently treated with slippery wax, it may be involved in a slip and fall accident. Failing to use a no-skid treatment on the floor is also known to make the floor more slippery and inviting for an accident to occur.

Stairs
Stairs are very simple. They help you go to the next level above or below by using steps. But even the simplest indoor elements can be factors in slip and fall accidents. In the case of stairs, it is known that the presence of trash or other potentially slippery obstructions in the steps can cause such accidents. Defects such as missing or broken handrails and worn steps are also to blame.

Injuries elderly may sustain from negligent nursing home staffs

Many families decide to bring their elderly loved one in nursing homes to ensure their safety, comfort, and health. However, elderly are at risk of suffering serious or even fatal injuries if they are entrusted to the hands of negligent nursing home staffs.

To ensure elderly safety, nursing home staffs are required by the NC Division of Health Service Regulation to undergo at least two training courses every year. But there are times that nursing home residents are deliberately neglected by staffs. Elderly are often physically weak, they are at risk of suffering bodily injuries like broken hip bones from slip and fall. Elderly are also at risk of injuries when staffs fail to keep away clutter around the facility. In some situations, elderly who are suffering from a serious illness may have their condition worsen if nurses are negligent in giving them their medicines.

The Clawson & Staubes, LLC: Injury Group lawyers say on their website that financial exploitation, neglect, physical and emotional abuse are some of the forms of elderly abuses. There are many instances that elderly who have been abused by a nursing home staff were afraid of complaining as they might think that the negligent or abusive staff harms them again. Families might realize that their elderly loved one is being abused or neglected if they become unhygienic or they become unreasonably weak due to poor health condition. Families are left devastated when their elderly relative is neglected or abused. Such negligence and abuse also translate to great financial loss if the maltreated elderly is required to undergo medical treatment to recover.

Families who believed that their elderly loved ones have been abused or neglected while inside elderly care facilities should know that they may hold negligent parties liable for the sufferings endured by an elderly. As such facilities are regulated by state and federal laws, negligent parties may be penalized and elderly may possibly get compensations they need to recover.

Types of Birth Defects

The arrival of a young child is definitely an occasion worth celebrating. However, the happy entry of a young child into the planet can be marred by information of a defect sustained due to a mistake before, during or right after birth. From a modest bruise or a scuff, which needs a simple cure, to a critical problem that can cause life-long anguish and handicap which, subsequently, demand continuous costly treatments, as well as passing – the ramifications of arrival harm is as varied as its several different varieties.

According to the website of the Driscoll Law Firm, a handful of the birth injuries that are very regularly reported include:

  • Erb’s Palsy – is a type of paralysis of the arm because of trauma of the arm nerves
  • Shoulder Dystocia – a life-threatening ailment wherein after delivery the shoulders of the baby of the head, don’t pass the mother’s pelvis
  • Cerebral Palsy – a disorder characterized by diminished control of the muscles due to injury to the mind before or during arrival
  • Persistent Pulmonary Hypertension (PPHN) – a disorder of the cardiovascular system, which will be a likely result of lack of air in the brain of an infant
  • Birth Brain injuries – is damage to the brain which can affect his/her intellectual skills and bodily of a baby
  • Cranial and spinal-cord damage – a kind of trauma that will cause a newborn to endure long-term disability or death
  • Asphyxia – an ailment defined by not enough air in an infant’s brain, resulting to the body’s organs to severe harm;
  • Umbilical Cord Strangulation – an ailment that could result to departure or brain injury
  • Folic acidity Disorder – an ailment because of the lack of folate, a water-soluble B vitamin. This illness can result in:
  • Spina Bifida – a congenital defect is a condition that frequently ends in paralysis of the legs or psychological handicap
  • Cephalohematoma – is bleeding involving the membrane underneath the cranium along with the skin. This condition is usually due to prolonged labor, use of forceps or utilization of a vacuum extractor
  • Anencephalia – which can be a deadly illness, is characterized by underdeveloped brain
  • Cleft lips and Palate – an opening, typically in the top lip
  • Heart Defects

Some of the reasons for the debilitating ailments endured by infants throughout arrival include:

  • Erroneous selection of shipping method (such as using a vacuum extractor instead of performing a C-section shipping)
  • Failure to immediately treat internal bleeding, lack of oxygen or infection
  • Incorrect kind or dosage of medication to baby or the mom

These errors or failures generally occur when an unexpected complication during delivery happens, such as a surprising change in a baby’s posture. A birth harm occurs when the doctor looking after the patient during labor or when the physician in charge makes an error. Several birth injuries require expensive treatment besides causing discomfort and the baby/kid and his/her family great pain.

Levels of Spinal Injury

Spinal cord injuries have devastating potential. Vertebrae are grouped into sections, and the level of injury depends on which section has been affected. The three sections are characterized by cervical, thoracic, and lumbar vertebrae.

There are eight cervical vertebrae. These are the highest on the spinal cord, and are denoted as C1-C8. The highest degree of injury severity is when C1-C4 nerves are damaged. Such an injury is quadriplegia, meaning that that the arms, hands, trunk, and legs are all paralyzed. Below C1-C4 are C5-C8. When these nerves are damaged, control of the arms and hands is inhibited.

The next section of vertebrae is includes the thoracic vertebrae. There are 12 vertebrae in section, known as T1-T12. People with thoracic nerve injury may still control upper parts of the body, however the trunk and legs are often affected. Paraplegia can be caused by these injuries, however patients can learn to drive a modified car or possibly walk with braces.

Individuals whose lumbar nerves have been damaged can experience partial loss of control in the hips and legs, and partial or full loss of control of the bladder and bowel. However, there is special equipment that those affected can use to remain independent.

The last sections of the vertebral column are the sacrum and coccyx. The coccyx is commonly known as the tail bone, and each section is fused. Injury to the sacrum has the same implications as an injury to lumbar nerves, however patients higher chance of being able to walk.

Spinal damages result from a variety of incidents, including car accidents, falls, gunshots, sports games, or medical diseases. There is special equipment for the majority of those affected by paralysis that aims to increase ability and independence.

Diagnosing Mesothelioma

Mesothelioma is a rare and deadly cancer caused by exposure to asbestos. When asbestos fibers become lodged in the lining of the lungs, mesothelioma can develop. After being exposed to asbestos, symptoms such as persistent coughing, chest pain, and difficulty swallowing can signal mesothelioma. If you have experienced these symptoms and suspect you have been around asbestos, a few steps are essential when diagnosing mesothelioma.

A doctor will often want your medical history to determine risk factors as well as possible asbestos exposure. This often includes providing your doctor with a complete work history. A physical exam is also often performed to test for fluid buildup in the chest, abdomen, heart, or other areas commonly caused by mesothelioma.

If after these procedures mesothelioma is detected, imaging tests will often be performed. These imaging tests can be used to determine if there are cancerous cells present and areas of the body being affected by cancer. Chest x-rays will be taken if a patient is experiencing symptoms such as coughing and chest pain. The chest x-ray can show fluid build up or abnormal thickening of the pleura, which are both caused by mesothelioma. CT scans can also be used to determine this but go further in detecting all areas of the body for cancerous cells. This can also help determine the stage at which the cancer has progressed. If a doctor suspects you have fluid around your heart caused by mesothelioma, an echocardiogram can be performed to look at the heart. PET and MRI scans can also be used at a precise way to determine the location of cancerous cells. If anything suspicious is seen during these imaging tests, patients are often referred to a doctor specializing in the treatment of cancer who can test blood and fluid to see if it mesothelioma. Due to the symptoms being associated with other diseases, mesothelioma can often be misdiagnosed as a less serious disease or another form of cancer. This is why it is important to take all necessary steps recommended by your doctor if he suspects you may have gotten mesothelioma from asbestos exposure. Click here to learn more about asbestos exposure and options if you have been diagnosed with mesothelioma.