When Can You Sue for a Child's Lead Poisoning?

via Tumblr hobbsr04.tumblr.com/post/143188841067 Lead poisoning, which until recently seemed like it might become a thing of the past, is back in the national spotlight. Children in Flint, Michigan have been injured and lawsuits, criminal and civil, stemming from lead in the drinking water in that area are being filed. This week three government officials became the first to face criminal charges for the Flint water crisis, and they could potentially spend years in prison. Meanwhile, class actions on behalf of injured children, as well as individual claims based on lead poisoning, are already under way. If you are contemplating such a case, here are some considerations. Lead Poisoning Parents whose children experienced lead poisoning in Flint said they saw a visible change in children’s behavior. They went from cheerful to irritable, energetic to sluggish, and were not as mentally acute. This is blamed on the toxic levels of lead in the Michigan city’s drinking water. But lead can be found in many places and things, air, water, even toys. It can be in gasoline, construction materials, old house paints, and more. Children under seven years old are most severely impacted by the effects of lead and high levels of it in the blood cause serious neurological damage. But adults are also susceptible to the effects of lead poisoning. Personal Injury lawsuit You can pursue a lawsuit for personal injury based on lead poisoning if you see or suspect signs of these effects on your child, and know the source of the poison. Even if you are not sure exactly what the source is, talk to a lawyer. Your attorney can ask for more tests, or for you to see specific medical professionals for treatment, in order to establish your cause of action. Consult With Counsel When you go see a personal injury attorney, you just need to articulate your story. It’s an opportunity to discuss the injury and see if there is more to it, potential angles to pursue to recover damages. Find the lawyer for you, and together you two can go over the details, consider potential defendants, and create a timeline trying to connect the injury to use of a particular product or some environmental change. Get help figuring out your case. Many personal injury attorneys consult for free or a minimal fee and will be happy to talk. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Lead FAQ (FindLaw’s Learn About the Law) Gun Range Workers Sue Over Lead Exposure (FindLaw’s Injured) Tenant Lead Law: Rental Property Disclosure FAQ (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/04/when-can-you-sue-for-a-... via Blogger hobbsr04.blogspot.com/2016/04/when-can-you-sue-for-childs...

via Flickr http://www.flickr.com/photos/87814799@N02/26540913516

When Can You Sue for a Child's Lead Poisoning?

Lead poisoning, which until recently seemed like it might become a thing of the past, is back in the national spotlight. Children in Flint, Michigan have been injured and lawsuits, criminal and civil, stemming from lead in the drinking water in that area are being filed.

This week three government officials became the first to face criminal charges for the Flint water crisis, and they could potentially spend years in prison. Meanwhile, class actions on behalf of injured children, as well as individual claims based on lead poisoning, are already under way. If you are contemplating such a case, here are some considerations.

Lead Poisoning

Parents whose children experienced lead poisoning in Flint said they saw a visible change in children's behavior. They went from cheerful to irritable, energetic to sluggish, and were not as mentally acute. This is blamed on the toxic levels of lead in the Michigan city's drinking water.

But lead can be found in many places and things, air, water, even toys. It can be in gasoline, construction materials, old house paints, and more. Children under seven years old are most severely impacted by the effects of lead and high levels of it in the blood cause serious neurological damage. But adults are also susceptible to the effects of lead poisoning.

Personal Injury lawsuit

You can pursue a lawsuit for personal injury based on lead poisoning if you see or suspect signs of these effects on your child, and know the source of the poison. Even if you are not sure exactly what the source is, talk to a lawyer. Your attorney can ask for more tests, or for you to see specific medical professionals for treatment, in order to establish your cause of action.

Consult With Counsel

When you go see a personal injury attorney, you just need to articulate your story. It's an opportunity to discuss the injury and see if there is more to it, potential angles to pursue to recover damages.

Find the lawyer for you, and together you two can go over the details, consider potential defendants, and create a timeline trying to connect the injury to use of a particular product or some environmental change. Get help figuring out your case. Many personal injury attorneys consult for free or a minimal fee and will be happy to talk.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Lead FAQ (FindLaw's Learn About the Law)
• Gun Range Workers Sue Over Lead Exposure (FindLaw's Injured)
• Tenant Lead Law: Rental Property Disclosure FAQ (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/04/when-can-you-sue-for-a-childs-lead-poisoning.html

Top 7 Car Accident Liability Questions

via Tumblr hobbsr04.tumblr.com/post/143183976872 It’s the first and biggest question after a car accident: Whose fault was it? Because determining who caused a car accident will often determine who will be legally liable to pay for the damage and any injuries. In some cases, deciding who’s liable for a car accident is pretty easy: someone was tailgating; that guy ran a red light; she was looking at her cell phone. Other times, figuring out who’s at fault is a little bit trickier. Here are seven of the most common questions regarding car accident liability: 1. Who’s Liable for Driver’s Ed Accidents? You don’t even have your license yet, and you might be in trouble already. Was the accident even your fault if your instructor was in the car? 2. Car Accident During a Test Drive: Who’s Liable? You haven’t even bought the car yet, and it’s already totaled. Does it matter who owned the car at the time of the accident? Do dealerships have insurance? 3. Who Is at Fault in a 3 Car Accident? A simple fender bender is one thing, but three (or more) cars all mashed together? Here’s how to untangle liability in multi-car crashes. 4. Is My Employer Liable for My Car Accident? You were in a company car on company time – does that mean your accident is on the company dime? What about going to or from work in your own vehicle? 5. If Your Car Gets Hacked, Are You Liable for a Crash? Internet connected cars are the wave of the future. But cybersecurity risks exist in onboard computers just like desktop versions, and hackers have already found their way in to some models. 6. Who Is Liable If You’re Injured in an Uber Crash? We’re all using the ridesharing app these days, but we’re not all sure who’ll pay for injuries in an Uber accident. The driver? The company? You? 7. After an Accident: Insurance Claim or Lawsuit? Do you have to tell your insurance carrier before filing a lawsuit against another driver? What if your insurance (or theirs) refuses your claim? Even in simple car accidents, the issue of legal liability can be complicated. If you’ve been involved in a car accident, you should probably talk to an experienced attorney to know what your rights, responsibilities, and legal options are. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) 5 Car Accident Myths (FindLaw’s Injured) Proving You’re Not at Fault in a Car Accident (FindLaw’s Injured) 3 Mistakes That Can Ruin Your Car Accident Lawsuit (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/04/top-7-car-accident-liab... via Blogger hobbsr04.blogspot.com/2016/04/top-7-car-accident-liabilit...

via Flickr http://www.flickr.com/photos/87814799@N02/26499817761

Top 7 Car Accident Liability Questions

It's the first and biggest question after a car accident: Whose fault was it? Because determining who caused a car accident will often determine who will be legally liable to pay for the damage and any injuries.

In some cases, deciding who's liable for a car accident is pretty easy: someone was tailgating; that guy ran a red light; she was looking at her cell phone. Other times, figuring out who's at fault is a little bit trickier. Here are seven of the most common questions regarding car accident liability:

1. Who's Liable for Driver's Ed Accidents?

You don't even have your license yet, and you might be in trouble already. Was the accident even your fault if your instructor was in the car?

2. Car Accident During a Test Drive: Who's Liable?

You haven't even bought the car yet, and it's already totaled. Does it matter who owned the car at the time of the accident? Do dealerships have insurance?

3. Who Is at Fault in a 3 Car Accident?

A simple fender bender is one thing, but three (or more) cars all mashed together? Here's how to untangle liability in multi-car crashes.

4. Is My Employer Liable for My Car Accident?

You were in a company car on company time -- does that mean your accident is on the company dime? What about going to or from work in your own vehicle?

5. If Your Car Gets Hacked, Are You Liable for a Crash?

Internet connected cars are the wave of the future. But cybersecurity risks exist in onboard computers just like desktop versions, and hackers have already found their way in to some models.

6. Who Is Liable If You're Injured in an Uber Crash?

We're all using the ridesharing app these days, but we're not all sure who'll pay for injuries in an Uber accident. The driver? The company? You?

7. After an Accident: Insurance Claim or Lawsuit?

Do you have to tell your insurance carrier before filing a lawsuit against another driver? What if your insurance (or theirs) refuses your claim?

Even in simple car accidents, the issue of legal liability can be complicated. If you've been involved in a car accident, you should probably talk to an experienced attorney to know what your rights, responsibilities, and legal options are.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• 5 Car Accident Myths (FindLaw's Injured)
• Proving You're Not at Fault in a Car Accident (FindLaw's Injured)
• 3 Mistakes That Can Ruin Your Car Accident Lawsuit (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/04/top-7-car-accident-liability-questions.html

3 Common Negligence Claims Between Tenants and Landlords

via Tumblr hobbsr04.tumblr.com/post/143129059312 Landlords have it good insofar as they collect rent from tenants on their property without putting in too much work on a day-to-day basis. But landlords should not get too relaxed; those who do nothing will find themselves facing negligence claims when someone is injured on a rental property. There are many ways for people to get hurt, and there is no way to ensure that no injuries will ever happen on a property. But landlords can mitigate risk by paying attention to details and making maintenance a priority. Tenants should be aware of their rights and responsibilities, too. When a landlord falls short and someone gets hurt, consider one of the following common claims arising from the landlord-tenant relationship. 3 Common Claims Injury: A landlord who fails to maintain the safety of the rented premises will face a negligence claim if a tenant or even a guest of theirs is injured on the property. Owners of older buildings should be especially wary. Although not required to make major renovations, landlords must ensure that a building is safe by checking all exits and entries, stairways, elevators, common rooms, and parking spaces for potential hazards. Common areas and stairways should be free of hazards, those that are known and those that the landlord should have known about. Criminality: If someone in the building or property is a victim of crime on the premises, the landlord may be implicated. Different states will have different statutes indicating the extent of liability. Generally speaking, a landlord must ensure the safety of the property. If the jurisdiction requires a certain kind of lock, or multiple locks, which some do, and the landlord ignores this, when a break-in occurs, the property owner can be held responsible. Troublesome Tenants: In some places, a landlord will be held liable for renting a place to a known drug dealer. Even if no such provision exists in a state or locale’s specific laws, landlords can still be held liable for endangering other tenants by renting a place to someone who is a threat. Obviously, landlords also must be careful not to discriminate based on race, gender, sexual orientation, religion, national origin, or any other protected class - that too is a basis for a suit. But discrimination about tenants is nonetheless required. Talk to a Lawyer If you have been injured on a rented property or elsewhere, speak to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to discuss your case. Similarly, if you are a worried landlord who wants to ensure that you have all your bases covered, talk to a local real estate attorney about the specific laws that apply to a property of the size you are renting out in that particular location. Get guidance. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Find Real Estate Lawyers Near You (FindLaw’s Lawyer Directory) Negligence: Background (FindLaw’s Learn About the Law) Elements of a Negligence Case (FindLaw’s Learn About the Law) Proving Fault: Elements of a Negligence Case (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/04/3-common-negligence-cla... via Blogger hobbsr04.blogspot.com/2016/04/3-common-negligence-claims-...

via Flickr http://www.flickr.com/photos/87814799@N02/26275162540

3 Common Negligence Claims Between Tenants and Landlords

Landlords have it good insofar as they collect rent from tenants on their property without putting in too much work on a day-to-day basis. But landlords should not get too relaxed; those who do nothing will find themselves facing negligence claims when someone is injured on a rental property.

There are many ways for people to get hurt, and there is no way to ensure that no injuries will ever happen on a property. But landlords can mitigate risk by paying attention to details and making maintenance a priority. Tenants should be aware of their rights and responsibilities, too. When a landlord falls short and someone gets hurt, consider one of the following common claims arising from the landlord-tenant relationship.

3 Common Claims

1. Injury: A landlord who fails to maintain the safety of the rented premises will face a negligence claim if a tenant or even a guest of theirs is injured on the property. Owners of older buildings should be especially wary. Although not required to make major renovations, landlords must ensure that a building is safe by checking all exits and entries, stairways, elevators, common rooms, and parking spaces for potential hazards. Common areas and stairways should be free of hazards, those that are known and those that the landlord should have known about.
2. Criminality: If someone in the building or property is a victim of crime on the premises, the landlord may be implicated. Different states will have different statutes indicating the extent of liability. Generally speaking, a landlord must ensure the safety of the property. If the jurisdiction requires a certain kind of lock, or multiple locks, which some do, and the landlord ignores this, when a break-in occurs, the property owner can be held responsible.
3. Troublesome Tenants: In some places, a landlord will be held liable for renting a place to a known drug dealer. Even if no such provision exists in a state or locale’s specific laws, landlords can still be held liable for endangering other tenants by renting a place to someone who is a threat. Obviously, landlords also must be careful not to discriminate based on race, gender, sexual orientation, religion, national origin, or any other protected class - that too is a basis for a suit. But discrimination about tenants is nonetheless required.

Talk to a Lawyer

If you have been injured on a rented property or elsewhere, speak to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to discuss your case. Similarly, if you are a worried landlord who wants to ensure that you have all your bases covered, talk to a local real estate attorney about the specific laws that apply to a property of the size you are renting out in that particular location. Get guidance.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Find Real Estate Lawyers Near You (FindLaw’s Lawyer Directory)
• Negligence: Background (FindLaw’s Learn About the Law)
• Elements of a Negligence Case (FindLaw’s Learn About the Law)
• Proving Fault: Elements of a Negligence Case (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/04/3-common-negligence-claims-between-landlords-and-tenants.html

Injuries Skyrocket in Tractor Trailer No-Zone Accidents

via Tumblr hobbsr04.tumblr.com/post/143114347262 Due to their size and shape, tractor trailers have various no-zones — blind spots and other dangerous areas surrounding semis where accidents are most likely to occur. And these accidents can be especially deadly: the latest statistics show that 3,660 people were killed in large truck accidents in 2014 alone, the vast majority of whom were not the truck drivers. So how do you identify tractor trailer no-zones and how can you avoid these dangerous accidents? Here are a few tips: Identifying No-Zones Unlike your average sedan, a tractor trailer has fewer rear view mirrors, meaning it has larger blind spots. They are also larger and heavier than normal cars, thus requiring a more time and a longer distance to stop. Combined, this means there are four major no-zones surrounding tractor trailers: Front No-Zone: Tractor trailer can take twice as long to come to a stop, so avoid cutting in front of large trucks and give yourself, and them, plenty of space when merging; Side No-Zone: If you can’t see the truck driver’s face in the side mirrors, the driver can’t see you, so avoid hanging out alongside large trucks; Rear No-Zone: Without a rear window, truck drivers can’t see directly behind them, and if you’re following too closely, you won’t be able to see obstacles ahead, so don’t tailgate tractor trailers; Wide Right Turns: You’ve seen the signs on the back of trailers before — “This Vehicle Makes Wide Right Turns” — so don’t try to squeeze by a larger truck swinging wide for a right turn. Avoiding Accidents You can stay out of trouble with tractor trailers and other large trucks by giving them as much space as possible on the road. Give yourself room in front of and behind large trucks. And either pass quickly or allow the truck to pass you — don’t drive next to tractor trailers for long. But some accidents are unavoidable, even for the best drivers. If you’ve been injured in an accident with a tractor trailer or large commercial vehicle, you should contact an experienced injury attorney as soon as possible to discuss your legal options. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) 5 Things a Truck Accident Lawyer Can Do (That You Probably Can’t) (FindLaw’s Injured) Injured in a Commercial Truck Crash: Should You Sue? (FindLaw’s Injured) Top 10 States for Fatal Truck Crashes (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/04/injuries-skyrocket-in-t... via Blogger hobbsr04.blogspot.com/2016/04/injuries-skyrocket-in-tract...

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