Winter Driving: How to Avoid Injuries This Year

The holidays are over, but the worst of the winter weather may still be ahead. That means icy roads, low visibility, and a lot of accidents. But that doesn’t have to be your fate. With the right preparation coupled with good decision-making, you can avoid the injuries that come from car accidents.

Here are a few ways to stay safe out on the roads this winter.

Be Prepared

Before you hit the highway, you should run a complete check on your car. Make sure your battery is good, your tire tread is deep, and your windshield wipers are functional. You should keep your windows clear, use no-freeze fluid in your window-washer reservoir, and make sure you have enough antifreeze.

You should also have an emergency kit in your vehicle. At a minimum, make sure it includes a flashlight, jumper cables, and a snow brush and ice scraper. You may also want to include some abrasive material (like sand, kitty litter, or even spare floor mats), a shovel, flares, water, and blankets in case you get stuck in the snow or stranded.

Be Protected

If you do get into an accident or are stranded, stay with your car and don’t over exert yourself. Make sure other cars and rescuers can see you by putting bright markers on your antenna or windows and shine the dome light, if possible. If you must run your car, make sure the exhaust pipe is clear and only run it long enough to stay warm.

Be Preventative

The best way to avoid injury is to avoid the accidents that cause them. Try to do your driving during daylight hours and never when fatigued. Maintain a safe distance between you and other vehicles and know how to use your car’s brakes: you can stomp on antilock brakes, but you must pump non-antilock brakes. And if you do start to slide on icy or snowy roads, steer into the skid.

Hopefully we all stay safe and injury-free this winter. But if you have been injured in a car accident, you may want to consult with an experienced personal injury attorney about your case.

Related Resources:

• Winter Car Crashes: Can You Blame the Weather? (FindLaw’s Injured)
• Icy Roads: At Fault Even When Driving Speed Limit? (FindLaw’s Injured)
• Winter Chain-Reaction Crashes: 5 Legal Considerations (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/01/winter-driving-how-to-avoid-injuries-this-year.html

When Are Hotels Liable for Injuries?

via Tumblr hobbsr04.tumblr.com/post/136694861447 You are staying at The Ritz Carlton and loving it … until you slip and fall in the hotel lobby and hurt your back. Can you sue? Yes. Hotels are responsible for reasonably foreseeable injuries on their premises caused by their negligence. But not all injuries happen due to negligence, or are foreseeable, so let’s take a look at the elements of a claim and what you will have to prove to get the Ritz to pay for your hospital stay. Premises Liability Property owners and land holders are responsible for maintaining the safety of their premises. A hotel might be liable for a slip in the lobby or the bar or even the front walkway. But that is only the case if hotel staff knew or should have known that there was an issue. Ignoring or avoiding an issue that could cause injury is negligent, and when negligence is shown, the hotel will be liable for injuries caused as a result of its staff failures. On the other hand, say a hotel patron is the victim of a crime just outside, unless the hotel knew or should have known of the danger to the patron, then a negligence claim will not succeed. Proving Negligence Someone is negligent when they breach a duty of care and cause injury which results in compensable harm. To succeed in a negligence claim, each individual element of the previous sentence must be shown. So the plaintiff must prove: Duty Breach Causation Harm (damages) That means that plaintiffs seeking to sue a hotel for negligence will have to show first that a duty of care existed between the hotel and its guests. This element is easy in the case of the lobby slip and fall, as it is unlikely that a hotel could successfully argue that it owes no duty to its patrons to maintain a safe lobby. To show that this duty was breached, the plaintiff would have to introduce evidence that hotel staff knew or should have known that the floor was slippery. A fall on a wet floor is a reasonably foreseeable result of failure to monitor and maintain a dry floor and if you are injured from that fall, then you will likely succeed in your negligence claim. Talk to a Lawyer If you have been injured in a hotel or on the premises of any other business, speak to a lawyer about a possible claim. Many attorneys consult for free or a minimal fee. Get your claim assessed. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Shopping Injuries Overview (FindLaw) Proving Fault in Slip and Fall Accidents (FindLaw) from Injured blogs.findlaw.com/injured/2016/01/when-are-hotels-liable-... via Blogger hobbsr04.blogspot.com/2016/01/when-are-hotels-liable-for-...

via Flickr http://www.flickr.com/photos/87814799@N02/24197084085

When Are Hotels Liable for Injuries?

You are staying at The Ritz Carlton and loving it … until you slip and fall in the hotel lobby and hurt your back. Can you sue?

Yes. Hotels are responsible for reasonably foreseeable injuries on their premises caused by their negligence. But not all injuries happen due to negligence, or are foreseeable, so let’s take a look at the elements of a claim and what you will have to prove to get the Ritz to pay for your hospital stay.

Premises Liability

Property owners and land holders are responsible for maintaining the safety of their premises. A hotel might be liable for a slip in the lobby or the bar or even the front walkway.

But that is only the case if hotel staff knew or should have known that there was an issue. Ignoring or avoiding an issue that could cause injury is negligent, and when negligence is shown, the hotel will be liable for injuries caused as a result of its staff failures. On the other hand, say a hotel patron is the victim of a crime just outside, unless the hotel knew or should have known of the danger to the patron, then a negligence claim will not succeed.

Proving Negligence

Someone is negligent when they breach a duty of care and cause injury which results in compensable harm. To succeed in a negligence claim, each individual element of the previous sentence must be shown. So the plaintiff must prove:

• Duty
• Breach
• Causation
• Harm (damages)

That means that plaintiffs seeking to sue a hotel for negligence will have to show first that a duty of care existed between the hotel and its guests. This element is easy in the case of the lobby slip and fall, as it is unlikely that a hotel could successfully argue that it owes no duty to its patrons to maintain a safe lobby.

To show that this duty was breached, the plaintiff would have to introduce evidence that hotel staff knew or should have known that the floor was slippery. A fall on a wet floor is a reasonably foreseeable result of failure to monitor and maintain a dry floor and if you are injured from that fall, then you will likely succeed in your negligence claim.

Talk to a Lawyer

If you have been injured in a hotel or on the premises of any other business, speak to a lawyer about a possible claim. Many attorneys consult for free or a minimal fee. Get your claim assessed.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Shopping Injuries Overview (FindLaw)
• Proving Fault in Slip and Fall Accidents (FindLaw)

from Injured http://blogs.findlaw.com/injured/2016/01/when-are-hotels-liable-for-injuries.html

Ultrahazardous Activity: What Is It, Who's Liable?

via Tumblr hobbsr04.tumblr.com/post/136637981937 Ultrahazardous activities involve a risk of injury that cannot be eliminated even by the exercise of the utmost care. Those engaged in these activities are held strictly liable when something does go wrong. What that means is that whoever engages in abnormally dangerous activities has to pay for injuries caused as a result even when they were not negligent. The fact of engaging in the inherently dangerous or ultrahazardous activity and causing injury is enough to trigger liability. What Are Ultrahazardous Activities? Even the most reckless of individuals is unlikely to commonly engage in what in torts terms are known as ultrahazardous, or abnormally dangerous, activities. These are so inherently risky that they are usually the acts of industry. Transportation, use and storage of dynamite, toxic waste, or radioactive materials are all inherently dangerous activities. There is one category of ultrahazardous activity that could impact some brave individuals. Keeping wild animals — any animal not domesticated in a particular area — is considered abnormally dangerous. Those who do it assume the risk of paying for injuries caused by their creatures. Factors that Make Activities Ultrahazardous Courts will consider different factors to determine whether an activity can be classified as ultrahazrdous, or abnormally or inherently dangerous. They are as follows: The relative possibility of harm. The level of seriousness of potential harm. The activity itself, how unlikely people are to engage in it. If the possibility of harm is decreased with the utmost care. Whether the risk of the activity outweighs its social value. Inappropriateness of the activity in the area. Proving a Case Although in a strict liability claim, there is no need to prove negligence, there are still elements to prove. Do not take this fight on alone. Talk to a lawyer. Many attorneys will consult for free or a minimal fee. Get help. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Who Might Be Responsible For Negligence (FindLaw) Proving Fault: What Is Negligence? (FindLaw) from Injured blogs.findlaw.com/injured/2016/01/ultrahazardous-activity... via Blogger hobbsr04.blogspot.com/2016/01/ultrahazardous-activity-wha...

via Flickr http://www.flickr.com/photos/87814799@N02/23811745909

Ultrahazardous Activity: What Is It, Who's Liable?

Ultrahazardous activities involve a risk of injury that cannot be eliminated even by the exercise of the utmost care. Those engaged in these activities are held strictly liable when something does go wrong.

What that means is that whoever engages in abnormally dangerous activities has to pay for injuries caused as a result even when they were not negligent. The fact of engaging in the inherently dangerous or ultrahazardous activity and causing injury is enough to trigger liability.

What Are Ultrahazardous Activities?

Even the most reckless of individuals is unlikely to commonly engage in what in torts terms are known as ultrahazardous, or abnormally dangerous, activities. These are so inherently risky that they are usually the acts of industry. Transportation, use and storage of dynamite, toxic waste, or radioactive materials are all inherently dangerous activities.

There is one category of ultrahazardous activity that could impact some brave individuals. Keeping wild animals — any animal not domesticated in a particular area — is considered abnormally dangerous. Those who do it assume the risk of paying for injuries caused by their creatures.

Factors that Make Activities Ultrahazardous

Courts will consider different factors to determine whether an activity can be classified as ultrahazrdous, or abnormally or inherently dangerous. They are as follows:

• The relative possibility of harm.
• The level of seriousness of potential harm.
• The activity itself, how unlikely people are to engage in it.
• If the possibility of harm is decreased with the utmost care.
• Whether the risk of the activity outweighs its social value.
• Inappropriateness of the activity in the area.

Proving a Case

Although in a strict liability claim, there is no need to prove negligence, there are still elements to prove. Do not take this fight on alone. Talk to a lawyer. Many attorneys will consult for free or a minimal fee. Get help.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Who Might Be Responsible For Negligence (FindLaw)
• Proving Fault: What Is Negligence? (FindLaw)
  

from Injured http://blogs.findlaw.com/injured/2016/01/ultrahazardous-activity-what-is-it-and-whos-liable.html

How to Defend Against a Car Accident Injury Lawsuit

via Tumblr hobbsr04.tumblr.com/post/136630093317 The easy answer would be to let your insurance company do it for you. But injury claims stemming from car accidents aren’t always so simple, especially if the accident involved more than two cars or one or more parties are uninsured. Getting sued can be a scary prospect, but there are ways to defend a car accident injury lawsuit. Don’t Admit Fault This seems like a no-brainer, but you’d be surprised how many people doom their own cases in a rush to apologize or explain how a car accident happened. Figuring out who is at fault in a car crash can be a complicated procedure; one that’s better left to the courts. While you should do your best to document the scene and gather as much information as possible right after an accident, you should limit your own admissions until you’ve talked to an attorney. Don’t Be Negligent Of course this is easy to say in hindsight, but there are defenses to negligence claims even after an accident has occurred. The standard negligence claim has four elements, and you can argue any or all of them: Duty: You could argue you didn’t owe the injured party a duty of care in the first place. Breach: You could argue you didn’t breach the duty you did owe the injured party. Cause: Even if you did breach the duty, you could claim that the breach wasn’t the cause of the injuries. Damage: Or you could argue that injured party didn’t really suffer any damages. Don’t Forget About the Other Drivers Even if you may have been negligent or done something wrong, that doesn’t necessarily mean you’re the only one to blame for a car accident. There are legal theories called contributory and comparative negligence that attempt to apportion blame for car accidents to all responsible parties and can be used as a defense in car accident cases. Comparative negligence limits the ability of a person injured in a car accident to recover damages by the percentage of fault attributed to him or her. Contributory negligence, on the other hand, prohibits anyone who contributed to the accident from suing for their injuries. Don’t Go It Alone Knowing these defenses is one thing — arguing them and proving them in court is quite another. If you’ve been sued for injuries resulting from a car accident, consult with an experienced injury attorney near you. Related Resources: Car accident injuries? Get your claim reviewed by an attorney for free. (Consumer Injury) Do You Need a Lawyer for Your Car Accident Case? (FindLaw’s Injured) Tips for Defending Against a Frivolous Injury Lawsuit (FindLaw’s Injured) Car Accident Liability (FindLaw) from Injured blogs.findlaw.com/injured/2016/01/how-to-defend-against-a... via Blogger hobbsr04.blogspot.com/2016/01/how-to-defend-against-car-a...

via Flickr http://www.flickr.com/photos/87814799@N02/23882416530

How to Defend Against a Car Accident Injury Lawsuit

The easy answer would be to let your insurance company do it for you. But injury claims stemming from car accidents aren’t always so simple, especially if the accident involved more than two cars or one or more parties are uninsured.

Getting sued can be a scary prospect, but there are ways to defend a car accident injury lawsuit.

Don’t Admit Fault

This seems like a no-brainer, but you’d be surprised how many people doom their own cases in a rush to apologize or explain how a car accident happened. Figuring out who is at fault in a car crash can be a complicated procedure; one that’s better left to the courts. While you should do your best to document the scene and gather as much information as possible right after an accident, you should limit your own admissions until you’ve talked to an attorney.

Don’t Be Negligent

Of course this is easy to say in hindsight, but there are defenses to negligence claims even after an accident has occurred. The standard negligence claim has four elements, and you can argue any or all of them:

• Duty: You could argue you didn’t owe the injured party a duty of care in the first place.
• Breach: You could argue you didn’t breach the duty you did owe the injured party.
• Cause: Even if you did breach the duty, you could claim that the breach wasn’t the cause of the injuries.
• Damage: Or you could argue that injured party didn’t really suffer any damages.

Don’t Forget About the Other Drivers

Even if you may have been negligent or done something wrong, that doesn’t necessarily mean you’re the only one to blame for a car accident. There are legal theories called contributory and comparative negligence that attempt to apportion blame for car accidents to all responsible parties and can be used as a defense in car accident cases. Comparative negligence limits the ability of a person injured in a car accident to recover damages by the percentage of fault attributed to him or her. Contributory negligence, on the other hand, prohibits anyone who contributed to the accident from suing for their injuries.

Don’t Go It Alone

Knowing these defenses is one thing — arguing them and proving them in court is quite another. If you’ve been sued for injuries resulting from a car accident, consult with an experienced injury attorney near you.

Related Resources:

• Car accident injuries? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Do You Need a Lawyer for Your Car Accident Case? (FindLaw’s Injured)
• Tips for Defending Against a Frivolous Injury Lawsuit (FindLaw’s Injured)
• Car Accident Liability (FindLaw)

from Injured http://blogs.findlaw.com/injured/2016/01/how-to-defend-against-a-car-accident-injury-lawsuit.html