Following the impact of Super Storm Sandy on the East Coast of the United States, which lead to massive power outages and widespread gas shortages lasting for several weeks in the New York and New Jersey areas, some government officials are considering legislation that would mandate the requirement of backup power generators at all gas stations.
Mandating the installation of backup generators at gas stations might just be a costly overreaction on the part of government bureaucrats who seem to have no empathy for the average gas station owner or businessperson. Purchasing backup generators are often prohibitively costly not only for the limited amount of use they will get but also take up valuable selling space and can even be a danger to the owner and his customers.
Initial Costs
No matter the application, backup generators will constitute a significant investment for the purchaser. This fact is doubly significant for a gas station owner who will, most probably, have to observe a wide range of regulations and obtain numerous permits. In addition to the actual purchase, monies will be spent on initial plans, yearly inspections and fines for any non-compliant issues. Many of these costs will be carried by the private gas station owner and not the gas supplying companies.
Space Constraints
Due to the traffic at the intersections of major streets and highways, these corners are very valuable real estate. Any gas station, located on one of these corners, either through rent or by servicing a mortgage is paying a very real price for every square inch of his property. As such, the station owner must plan to make every square inch pay and the installation of a backup generator likely was not accounted for in their existing plans.
Safety Considerations
All backup generators run on fossil fuel. As such, they can emit noxious and toxic gases if not properly situated. In addition, the permanent backup generators will most likely be housed in a confined area for better security. All these factors, however, add up to a safety hazard for the owner, his employees and their customers. There is simply no reason to subject people to these dangers when a perfectly good alternative exists.
A Better Solution
In the interests of not just being just negative, here is a far better solution to the problem of backup energy at gas stations: rental generators. They are highly reliable, incredibly powerful and eminently affordable. Simply put, they are the ideal solution for a gas station owner that has an emergency or temporary need for backup power generation.
The generator has been an integral and reliable source of power for well over a century. The intrinsic principles and technology are well understood and have been made readily portable. Portable or temporary generators are simply the best answer to any business, including gas stations that need reliable and affordable power at a moment’s notice due to an emergency situation or a short term power outage.
Brandy Armantrout, 32, an Oklahoma woman, has spoken out as one of the most recent victims of the drospirenone-containing contraceptive, Yaz. According to KFOR news report, the woman says she had to have her left arm amputated as a result of taking Yaz. Armantrout says she started taking the pill back in 2007. Last December, she began to feel tingling in her left arm. When she went to the hospital, she had to be treated for severe deep vein thrombosis or blood clots in her arm. She had no pulse in her wrist. She had to be hooked up on IVs. She says she felt her hand turning black and “dying.” Surgeons had to remove her arm above the elbow.
Devastating Injuries
The amputation was a devastating blow for Armantrout, her husband and 4-year-old daughter. She also found out after the amputation that she has no medical insurance coverage for prosthetics as Medicaid will pay for prosthetics for Oklahomans younger than 21 years old. A prosthesis could cost her up to $80,000. She has also reached out to the state Vocation Rehabilitation Services, which is helping her research ways to fund prosthetics that would work for her. She is moving ahead with a civil product liability lawsuit against Bayer, which manufactures Yaz.
Product Liability Issues
Yaz was the top-selling birth control pill in 2008 and 2009. Yaz’s sales have been affected after Bayer has been hit with thousands of lawsuits on behalf of women who have suffered serious, sometimes deadly, complications from taking the popular medication. Side effects range from gall bladder problems, stroke, blood clots and even death. In April 2012, Bayer announced that it had updated labels for its drospirenone-containing oral contraceptives including Yaz and Yasmin.
It is understandable that most medications – whether they are prescription or over-the-counter — have some type of side effects. However, when theYaz side effects involve long-term or catastrophic health problems or death, that is unacceptable. In this case, a young woman lost her arm. It left her disabled for life.
Anyone who has been seriously injured or has suffered side effects as a result of taking prescription or over-the-counter drugs can file a product liability claim against the manufacturer seeking compensation for damages including medical expenses, lost wages, lost future income, disability, permanent injuries, pain and suffering and emotional distress. Product manufacturers have a responsibility to consumers to test anything they put on the market to ensure that it is safe. Any side effects or potential hazards must be made known to the public so consumers can make informed decisions about their course of treatment.
The following article is brought to you by the Reiff & Bily Philadelphia product liability lawyers. If you have been injured by an unsafe product you are encouraged to contact an injury lawyer in your area and find out what your rights are.
The United States Consumer Product Safety Commission is an independent federal agency that exists to protect the public from unreasonable risks of injury or death associated with the use of the more than 15,000 kinds of consumer products sold under the agency’s jurisdiction.
The CPSC was formed by Congress in 1972 in correlation with the Consumer Product Safety Act to protect the public “against unreasonable risks of injuries associated with consumer products.” It is headed by five commissioners who are appointed by the President and confirmed by the Senate. The agency has two offices in Maryland and one office in China.
The CPSC exercises their methods of protection by developing voluntary standards with organizations, businesses and manufacturers. The commission must inform and educate consumers and manufacturers worldwide about the safety standards that they develop. They then research and test potential product hazards, and issue and enforce mandatory standards by banning and recalling products that do not comply. The CPSC is also responsible for arranging for repair, replacement and/or refunds of the products that they do recall.
The CPSC encourages consumers to report any safety concern through their website, telephone, fax or mail. The CPSC regards every concern with great importance, and agency staff reviews all complaints. If the reported product is investigated, a CPSC investigator will contact the concerned party and communicate with them whether or not the investigation called for a recall action will be taken.
Deaths, injuries and property damage from consumer product incidents cost the U.S. more than $900 billion every year, and the CPSC is committed to decreasing that rate. The agency has contributed to a decline in the occurrence of consumer product-related deaths in the past 30 years.
Reiff & Bily
1125 Walnut Street
Philadelphia, PA 19107
(215) 246-9000
You’ve probably seen them on television, but what is the job of a crime scene investigator really like? A lot of different things go into preserving a crime scene. It’s the first place a police investigation starts and almost always the best source of evidence, so employing trained professionals who can secure the perimeter and make sure it remains unspoiled is of utmost important to the police department or FBI, especially if you live in a large, crime-filled urban area. Crime scene investigators look for the basic elements of a crime right down to the tiniest details. While forensic science and new technology can be the most interesting part of the job in fiction and even in life, they are no substitute for the keen investigative skills of people who can identify the human elements of crime.
1. What Happens When a Crime is Reported?
Much of the initial duties for preserving a crime scene lie with the first police officer to arrive. The officer will assess the situation, determine what crime was committed and whether there is any immediate danger, as well as whether there are victims requiring medical attention. It might be surprising how thoroughly the officer has to document his or her actions – even to the point of taking information from wounded or dying victims. After that, the officer will guard the perimeter until investigators can reach the scene and set up barriers. They will rope off an area larger than the scene to keep civilians and other onlookers away, and then rope off a smaller area inside that it is absolutely vital to preserve.
2. Collecting Physical Evidence
Crime scene investigators are concerned with establishing proof of the key elements of a crime. They can look for point of entry, taking fingerprints and footprints, as well as things like impressions on fabrics and tire marks, to try and get a clear picture of who was there and what they did. Everything they collect must be properly stored, photographed, and labeled. Physical evidence can make all the difference in a court trial, because it is more infallible than the observations of witnesses. However, contaminated evidence can result in a criminal going free, so the handling of physical specimens and objects at a crime scene is always approached with the utmost care.
3. Documenting, Testing, and Sketching
The evidence that the CSI team collects goes straight to the lab for analyzing, then it goes to the lead detective on the case. The detective also receives reports from the investigators – all their notes, in chronological order. Usually, the investigators offer no theories, they just deliver the facts of what was discovered at the scene. This can also include crime scene sketching, to show the relationship of areas and items that might otherwise be obscured by photographs. In areas outside of large cities, the crime scene investigators can be skilled in other areas of investigation too, and they can interview witnesses and victims to better understand the evidence and establish the most probable scenario for the crime.
The CSI unit that analyzes the scene of a crime can include many specialists such as medical examiners and forensic scientists. Every situation presents its own challenges, and crime scene investigation can actually be like a puzzle – putting together all the pieces to form a picture of how and maybe even why a crime was committed. It can be a harrowing but rewarding job – knowing your skills are providing justice for victims and outsmarting even the smartest of criminals.
Kara Martin writes for forensics blogs. If you’re considering a criminal justice career, find research on PhD in Criminal Justice.
Guest legal blog post regarding the ancient Greek legal system.
Ancient Greece was the incubator for many of the concepts of democracy, including the basics of court systems. The United States court system is an extension of the English common law system because the Founders were familiar with the concepts, but wanted to implement some needed changes. The First Continental Congress placed in the original Constitution that colonists were entitled to “life, liberty, and property…and the common law of England” (http://www.radford.edu/~junnever/law/commonlaw.htm).
Accusation
Methods of accusation in Ancient Greece were different also, and the process was highly political in some cases. There was no prosecutor or police. The political component is clearly true of the most famous case associated with the Athenian court system, which is the prosecution of Socrates. The trial of Socrates provides significant understanding of the trial process in Ancient Greece. Although there was no uniform Greek law system, the basics of the trials were the same everywhere (http://law2.umkc.edu/faculty/projects/ftrials/socrates/greekcrimpro.html).
Indictment
All that was necessary for indictment in the Ancient Greece legal system was an accusation from a free Athenian citizen. There were no parameters for acceptable charges. The charges were presented in a hearing before a magistrate. The plaintiff was required to file the charge in writing, notify the respondent, and post it conspicuously near the local court yard for the community to see for a reasonable period. There was no concept of bail, as defendants were allowed to stay at home until the day of the trial (http://greece.mrdonn.org/athenscourt.html).
Jury
The jury in Ancient Greece was different from the contemporary U.S. court system. With no prosecutor and no system indictment process, the jury was chosen by the court administration from a pool of around 6000 people. All jurors were required to be at least 30 years of age. The King of the particular city-state often functioned as the judge, and all trials were completed in one day. The jury size was determined by the regional population, but the Athenian court chose 500/501 jurors to avoid possible bribery (http://constitution.org/elec/f41l1.html#4.0
).
Trial
The plaintiff presented their evidence during the morning session, as the defendant used the afternoon session for rebuttal. Once both litigant presentations were completed, there was a vote among the jurors. The decision was democratic, with the case being won by the litigant with the most votes. There was no deliberation among the jurors. The democratic use of the vote suggests that the burden of proof for the voting juror was preponderance of the evidence in criminal trials as well as civil trials (http://law2.umkc.edu/faculty/projects/ftrials/socrates/greekcrimpro.html). The U.S. legal system recognizes the burden of proof at beyond a reasonable doubt for criminal conviction, reserving the 51-49 concept of preponderance for civil tort claims.
Punishment
Concepts of punishment were significantly different from the U.S. system. The state did not practice incarceration as a criminal penalty. The litigants were also allowed to request a specific legal remedy, which essentially was a form of negotiation. The judge also had the authority to determine if a claim was sufficient for “polis” classification, which indicated a crime against the state. The trial of Socrates was for the polis crime of “corrupting the youth,” which was based on the religious impiety by vocally rejecting state-approved deities (http://law2.umkc.edu/faculty/projects/ftrials/socrates/greekcrimpro.html).
Ancient Greece clearly had an impact on Western Civilization through the concepts of justice and fairness. Civil tort trials, or trials that were requesting financial retribution, were usually settled by arbitration, though theft was criminal. Cases that did not rise to the level of the death penalty would often result in exile to a specific region or island. If the punishment was death, a number of processes were considered, along with the requested punishment by the convicted individual. The jury could essentially convict the defendant, but issue little punishment in the second-phase penalty vote (http://cco.cambridge.org/extract?id=ccol0521818400_CCOL0521818400A013).
About the author
This article was composed by Dennis Welby, a freelance writer and blogger based in the great city of San Antonio. Welby focuses his work on law, history, politics, ethics, philosophy and other subjects. For those who have legal needs be sure to view a top Bay Area Lawyer.
If you’re thinking about attending college, a student loan can help finance your efforts, and you certainly wouldn’t be alone in using this option. According to the Chronicle of Higher Education, about 20 million Americans go to college annually, and more than half of them rely on student loans. Keep reading to get tips for choosing and paying off your student loans, so you can stay focused on your education.
Make a Plan
Unfortunately, some students and their family members feel so relieved about getting accepted into a college that they don’t perform an adequate amount of research in about student loans. Start by using a loan calculator to determine how much debt you can handle.
Next, research the options. Many experts feel that loan programs offered through the federal government are ideal, because they offer fixed interest rates, and don’t require repayment to begin until a person graduates or leaves school. In contrast, private loans usually have variable interest rates, and require a person to make payments while they’re still in school. As with any major decision it’s important to go with a plan that fits your lifestyle and current financial situation.
Start Preparing to Make Payments
It’s never too early to start thinking about how to repay your loan quickly and responsibly. Before you finish college, you’ll probably be required to attend loan counseling. This is an opportunity to ensure that you fully understand your rights and obligations
If you rely on more than one federal loan, it might be worthwhile to think about getting consolidation. This strategy can lower your interest rates but may also carry some risks. Before making a final decision, make sure you’re informed about the pros and cons.
Set a Budget
In the same way that you might have used a loan calculator during your application process, it’s also advantageous to figure out how much of your income you can use towards paying off your loans. Start by adding all the necessities together, such as the cost of your rent, groceries, utilities and transportation. Also, give yourself some cushion so you’ll be more secure in the event of an emergency.
Once you work out all the details of how much you make versus how much you spend, consider using any spare income towards making loan payments. This not only helps you pay off the loans faster, but usually causes your interest rates to drop, as well.
Be Aware of Options
It’s important to note that in many cases, you can pay off your loans through several methods. For example, if you expect that your income level will steadily increase throughout the coming years, consider a graduated payment. Then, the amount you pay will start off small, and increase every other year. Also, certain factors like economic conditions, participation in an internship or being unemployed can help you qualify to put a temporary suspension on your loan payments, also known as a deferment.
Many people find that student loans help smooth the path towards achieving educational goals. By understanding the difference between federal and private loans, and taking steps to formulate a strategy for paying back the debt, you can put yourself in a position to ease the financial requirements of obtaining a higher education.
Sara Lewis is an avid blogger forhttp://www.financialcalculator.org/personal-finance/loan-calculator. Use this Financial Calculator to help you determine the best ways for you to save money.
Two important legal decisions are featured in the press today which highlight the tensions between existing Family Law in England, based on a traditional, British model of a heterosexual nuclear family, and modern society, in which there is a multitude of family compositions.
The first case considered the rights of 2 sperm donors (whose sperm was used to conceive a child for a Lesbian Couple) to be involved in the life of theChild, whom it had always intended would be raised in a nuclear family by the 2 women. In reaching a decision that as a matter of principle, it may be appropriate for a sperm donor to be involved (to varying degrees) in the child’s life, the court had to consider the competing interests of the child, the biological father and the psychological parents. The need for the child to have an understanding of his or her origin and roots also had to be balanced against the potentially detrimental effect of the disruption caused to the primary family unit, by the unwelcomed involvement of the donor.
In the second case, the court addressed the conflict between existingMatrimonial Law and religious laws governing Marriage Breakdown. It is of course well-known, that there are many ways in which the current law in England does not sit well with religious practices and custom under religions such as Orthodox Judaism and Islam, and that this can create difficulties for couples when separating. Traditionally, it has been made very clear that the jurisdiction of the courts cannot be ousted in favour of religious tribunals and that English Law will take precedence when there is a conflict. In this case however, the Judge allowed a young couple in their 20s to use the Beth Din in New York to resolve the issues arising from their separation, in order to allow them to Divorce in terms which were aligned to the practices by which they had lived and married. The case therefore throws open the question as to what extent people who have lived their lives according to different rules and practices should be allowed to determine such matters in line with those rules, rather than having a potentially incompatible solution imposed upon them.
Both cases highlight the complexities which are raised when a specific case raises consideration of issues which are outside of the traditional model, and the way in which the Law is evolving in order to keep up with the realities of modern British society. As a Family Solicitor, it suggests interesting times are ahead.
Contact our specialist Family Law team
If you would like to talk to any of our Family Law Solicitors please contact them on 0800 916 9055, or e-mail enquiries@rjwslatergordon.co.uk.
Our Family Lawyers operate across the country and can offer immediate and accessible representation anywhere in England & Wales.
When people hear that someone was arrested for a DUI, they automatically assume that this means that they were driving while they were drunk. Although this might be the most common cause of a DUI arrest, the actual term is driving under the influence, and it is not limited to alcohol. Many people are arrested for a DUI or a DWI each year because they were driving while they were under the influence of a narcotic or a prescription drug. Therefore, it is important for you to fully understand the impact that your medication can have on you before you get behind the wheel.
What if I have a Legal Prescription?
Many people assume that having a prescription makes it okay to operate a vehicle after taking medication. Unfortunately, your prescription is not going to offer you any legal protection if you are arrested for a DUI. The most important thing to know about any prescription drugs that you are taking is whether or not they cause drowsiness. In many cases, a medication that causes drowsiness can make a driver appear to be intoxicated. This problem can be exacerbated if you happen to mix two different medications together. For example, if you are taking a medication for your nerves that causes drowsiness and then you also take NyQuil for a cold, you are basically setting yourself up to be too tired to drive or speak in a coherent manner.
Can My Doctor Get My DUI Waived?
No matter what reason your doctor had for giving you a specific prescription, they will not be able to offer you any legal protection from a DUI conviction. In fact, your doctor and the pharmacy will be protected due to the warning label that is on your medication. As long as the label indicates that the medication can cause drowsiness or any type of altered behavior, you will most likely not be able to assign any legal responsibility for your issue to anyone but yourself. This is why it is imperative to always read the warning labels on your medication and to take the proper steps to avoid mixing medications that could have an adverse reaction to each other.
What Actions Will Cause a DUI Arrest?
Simply being drowsy is not enough for an officer to arrest you, but some of the side effects that accompany drowsiness will be. For example, if you are pulled over while driving in Orlando, Florida and your speech is slurred, you are definitely going to deal with legal issues. Other things that an officer will look for include delayed reactions, bloodshot eyes and the inability to pass a field sobriety test. It is also important to note that some medications can cause you to fail a breathalyzer test. However, even if you pass a breathalyzer test, you can still be arrested if you appear to be under the influence of something. If you find yourself in this situation, there are many Orlando DUI lawyers in the area.
In addition to prescription medication, some over the counter drugs can also cause you a lot of issues while driving. NyQuil is a prime example because it contains some alcohol, and it will cause you to become very drowsy. Taking any type of sleeping pill before you begin driving is also a very bad idea that could lead to an accident and even a DUI arrest.
Freelance author Anthony Joseph writes on many different legal subjects, and contributes this article toward raising DUI awareness. The Orlando DUI lawyers at the law firm of Katz & Phillips know the drunk driving laws better than anyone. If you’ve recently received a DUI charge, contact one of their attorneys for a consultation regarding your case.
Jenelle Embrey of Linden, Virginia, has started an online petition drive to bring federal officials’ attention to Jeep vehicles after she and her father watched two people burn to death in their Jeep Grand Cherokee after a highway accident. According to a news report in Consumeraffairs.com, Embrey and her father were involved in a collision last year. When they got off their vehicle, they saw a Jeep that was on fire. A mother and her two teenage children were trapped inside. While her father was able to pull one of the teens out, the woman and her other child burned to death.
Pinto for Soccer Moms
The article states that this was one of 270 fatalities reported as a result of Jeep fires just in 2012. Embrey’s petition is addressed to the National Highway Traffic Safety Administration (NHTSA) and has been posted on the change.org site. This is apparently not a new issue. Three years ago, the Center for Auto Safety (CAS) filed a 69-page petition with regulators that spelled out the problem in great detail. The investigation had previously focused on 1993-2004 model Jeep Grand Cherokees but was later expanded to include 1993-2001 Jeep Cherokees and 2002-2007 Jeep Liberty models.
Clarence Ditlow, executive director of CAS calls these vehicles “Pinto for soccer moms.” He likens these Jeep vehicles to the defectively designed Ford Pinto vehicles that burst into flames on impact. Ditlow says the Jeep vehicles have so far caused 185 fatal fire crashes with 270 deaths and numerous burn injuries. He says that the 1993-04 Grand Cherokee has a fatal crash fire occurrence rate that is about four times higher than SUVs made by other companies. These vehicles have their fuel tanks installed behind the rear axle, which makes them prone to burst into flames following a rear-end collision. In the newer Jeeps, the fuel tanks are located ahead of the rear axle.
Millions in Danger
However, Chrysler insists that the change was made for design reasons and not due to safety concerns. The fact remains that millions of these defectively designed Jeep vehicles are still on our roadways and millions still travel in them. NHTSA is currently in the final step of a process to determine whether these issues warrant a recall. A recall could affect up to 5.1 million vehicles.
After what this family and hundreds of other families have been through, it is appalling that these vehicles are still on the roadway. Automakers are notorious for denying defects and putting profits before the safety and well-being of the people who buy their vehicles and make them profitable. Chrysler should do the right thing and recall these defective vehicles before more lives are tragically lost.
If you work toward a human services degree it is likely you will have a chance to try a hands-on approach for your chosen occupations.
Would-be nurses and doctors go through clinical trials, future social workers volunteer in the community, and student teachers go into the classrooms to learn their trade. Simulated courtroom proceedings offer the same training and experience for criminal justice students.
Learning Through Trial and Error
Until you’ve tried something, it is difficult to know how it will work. Like students working toward any human services degree, you are more likely to have a successful start if you have already had the opportunity to try and fail. A simulated courtroom trial offers you just such an opportunity, a chance to role play different methods toward achieving justice for the defense or the prosecution.
In a simulated courtroom, criminal justice students are able to act in ways that may or may not be successful in a real courtroom. The fact that it’s not real, of course, means that no one is being put in real jeopardy. If you have heard a certain method does not work but you are unsure why, the simulated courtroom can give you the time and place to see for yourself. Lessons that result in failure are much more easily remembered than those that are just tested on paper.
Seeing the Process in Action
Simply reading about courtroom procedures and requirements is not enough to understand the intricate workings of the process. Getting to see these elements firsthand can help the criminal justice student get a better understanding of why they are necessary and how best to work within them.
For many students, a criminal justice education will occur outside of a courtroom, making it difficult to keep proper courtroom behavior and proceedings in mind. Having the opportunity to work in a mock trial gives you the framework to properly provide your information to the court. This can help you avoid actions and behaviors later that will cost your case instead of advancing it.
Experiencing the Moment
One of the most difficult aspects for criminal justice students to understand is how to think both in terms of strategy and in the moment. Just as nursing students learn how to deal with emergencies, it is essential for you to have the opportunity to react in a controlled situation. This is an exercise in both controlling your behaviors and in thinking fast.
Lawyers have years of learning to work in a courtroom, but most criminal justice occupations are more comfortable working in the field. Still, getting the chance to be put on the spot in an intimidating setting where you are graded can help you be better prepared for thinking when faced with a real case.
Any human services degree will require you to learn about many facets of the job. Being able to experience some of the more rigid elements can help you prepare for dealing with courts.
While you are not likely to spend much of your time in a courtroom setting, nearly all criminal justice graduates are guaranteed to need to speak in court during the regular course of their jobs. Having experienced a simulated courtroom proceeding will help prepare you for a part of the job that could be intimidating.
Health complications and their associated treatment are, in most cases, the most stressful experience that an individual will face. The worst case scenario therefore would be where standards are not met in such treatment and things, inevitably, go wrong.
The law provides individuals with a route to make a claim against medical professionals where care standards are not met. Such a claim would be brought under the heading of clinical negligence. Claiming for negligence in such a scenario is somewhat complicated as there are a number of legal principles that must be considered.
Legal Principles
Medical professionals owe what is called a ‘duty of care’ to those individuals to whom they provide a service. This means that a minimum standard of care is expected of them and that they must not act negligently. A claim for clinical negligence will arise in circumstances where this duty of care has been breached. Such a breach may occur, for example, where an incorrect medication dosage is administered resulting in injury or death, or where a failed or delayed diagnosis has been given.
While it is easy to see that a duty of care exists between a medical professional and his or her patient, it is more difficult in clinical negligence claims to prove that this duty has been breached. The reason for this is due to the fact that the medical profession is a highly specialised field and, in order for a clinical negligence claim to be successful, you must prove that there were errors in the treatment you received and that those errors caused the injury for which you are seeking compensation.
Further to this, not only must you prove that there were errors in your treatment, you must also prove that these errors were of such a nature that no competent medical professional would have made the same errors in the same set of circumstances. This can be a stumbling block for a lot of claims as it relies on the use of experts in the relevant medical field who have to give evidence that, if faced with the same set of circumstances, they would not have administered the treatment complained of. In other words, to prove that there were errors in your treatment, you must get another similarly qualified expert to give evidence that he or she would not have administered the same treatment.
This difficulty is tempered somewhat by the fact that you only need to prove that it was more probable than not that no competent medical practitioner would have made the errors in your treatment.
You must also consider the fact that you have to prove that the errors materially contributed to your injury. While there have been great advances in the field of medicine and medical treatment, there are still numerous instances where our understanding of certain conditions is lacking. A historical example of this, although not related to a claim in clinical negligence, is the various asbestos-related illness claims brought since the 1930s. It took a while for the medical profession, and thus the courts, to recognise that, on the balance of probabilities, those workers exposed to asbestos and asbestos fibres suffered a greater risk of contracting asbestosis or mesothelioma.
It can be seen, therefore, that this area of law is ever-changing.
Claiming for negligence
If you are claiming for negligence, the first port of call for those considering a claim would be to consult a solicitor. There are specialised clinical negligence solicitors who are experienced at making initial assessments of the strength, or otherwise, of your claim. Clinical negligence solicitors can investigate your claim and, where necessary, obtain the expert evidence required to support your claim. It must be noted that in many cases, if you wish to pursue a claim for clinical negligence, you must do so within a period of three years from the date of the accident or treatment. An clinical negligence solicitor can, however, provide advice in relation to this are there are exceptions to the three year rule.
Employers must not charge for personal protective equipment
Although there is nothing more precious than human life, I regularly hear stories about individuals who have been harmed during an accident at work – and these injuries might have been prevented if duty-holders simply provided adequate PPE.
I can understand that these are troubling economic times, but after implementing additional methods to prevent staff members from suffering personal injury, managers must supply appropriate PPE when hazards still remain – even if these items are expensive.
However, when a company attempts to recoup the cost of PPE by charging employees, this practice is not only wrong – it is illegal.
According to Section 9 of the Health and Safety at Work etc. Act 1974, “No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions.”
Although that statement is self explanatory, it has been reported that some building firms may have introduced vending machines which provide employees with PPE.
Allegedly, the Union of Construction, Allied Trades and Technicians(UCATT) know of at least one company which uses these dispensers – and have urged the Health and Safety Executive (HSE) to prevent other organisations from following suit.
If these vending machines charge employees for potentially lifesaving equipment, then this could be an illegal and inappropriate way to reduce risk. Furthermore, Regulation 4 of The Personal Protective Equipment at Work Regulations 1992 states that PPE must be capable of fitting the wearer correctly. If employees are not given the opportunity to try these items on, then the apparel could be ineffective.
If the UCATT’s claims are correct, then companies who use these vending machines could be breaking the law and putting the lives of their employees at risk. Hopefully, the HSE will step in and quickly remove these dispensers from workplaces.
Generally speaking you are being bullied if someone or a group of people are acting in an offensive, intimidating or malicious way towards you. Or if they are abusing their power to undermine, humiliate or injure you.
Examples of bullying at work include:
- Spreading malicious rumours or insults
- Copying people who don’t need to know into memos that are critical about someone
- Overbearing supervision
- Unwelcome sexual advances
- Making un-founded threats about job security
- Intentionally blocking promotion or training opportunities to prevent job progression
- Deliberately undermining a competent worker by overloading them or by constantly criticising their work
Steps you can take if you’re being bullied at work:
- Consult your employee handbook or company policy documents
Every company should have policies and procedures in place to protect employees from bullying and harassment. If you feel bullied at work, ask to see these documents and check to see whether the way someone is treating you can be classed as bullying. These documents should also give you an idea of what you can do if you feel bullied and what support you can expect from your employer.
- Get advice
If you do feel bullied, it’s worth approaching HR, your line manager or a colleague you are comfortable around, and expressing your concerns. They should be able to help guide and support you and may be able to take action on your behalf. If you are a member of a Trade Union you should also contact your representative for advice.
- Keep a diary
Keeping a diary can help you make a formal complaint or legal case against bullying at work, so it’s really important that you keep a record of any instances where you’ve felt bullied. That can mean noting down comments or actions that you have felt have hurt and intimidated you, as well as where and when this occurred, if there were any witnesses etc.
It’s also advisable to keep a record and print out of any email or web exchanges – where you feel bullying has occurred.
- Tell the person bullying you to stop
Even if you’ve asked the person or group bullying you to stop, it’s worth asking via a written or email memo that expresses that you feel bullied as a result of their behaviour and clearly outlines what behavioural aspects you object to. Be calm, be clear, be honest – don’t be aggressive. And keep a copy for your diary/evidence. And ask HR, a line manager or a Trade Union representative for their advice and support or to act on your behalf.
- If the bullying doesn’t stop, consider formal action
Your workplace should have formal complaint procedures in place. So ask HR to guide you through the process of making a formal complaint – or, if you’re afraid to approach HR, ask organisations like the Citizens Advice Bureau for their help.
- Consider asking for mediation
After you’ve made a formal complaint, you might want to consider asking HR to organise formal mediation (available from third party organisations like ACAS) between you and the person bullying you. This might be especially helpful in a situation where there’s been a change in management, work requirements or organisational style. Your Trade Union rep and the Citizens Advice can help you decide if this is right for you if you don’t feel able to ask HR about the pros and cons.
- As a last resort, consider taking legal action
If you’ve tried all of these avenues and are still being bullied at work, then you might want to seek legal advice and determine whether your case can be taken to an employment tribunal.
It’s important that you have tried to resolve the problem using the steps above before you take legal action, as records you’ve kept and the steps you’ve been seen to take can be used at tribunal to help make your case.
Are you being bullied at work? Do you have any tips you can share with people going through a similar situation?
Author Bio
Rob Hawkins is a freelance copywriter who writes for a variety of websites, including specialist personal injury solicitors RJW.
February 1, 2013—Tracy, California—A construction worker was killed when an 1,800 pound piece of concrete fell on him, pinning him beneath its weight and crushing him, according to KCRA News
. The worker was engaged in cleaning out a concrete truck at the time of the incident.
The 47-year-old victim from Whittier was working on contract for Express Chipping at the time of the tragedy which happened on Linne Road. He was removing concrete buildup inside a truck owned by A&A Concrete supply when he was pinned inside the truck by falling concrete. He was pronounced dead at the scene by rescue workers.
Cal-OSHA is conducting an investigation into the incident.
Construction Accidents Prove Fatal for Many Each Year
Construction is still one of the most dangerous occupations according to information compiled by the Bureau of Labor Statistics. In 2011, 759 people were killed in construction accidents in the United States, or more than two per day. Most construction accidents involve falls, objects falling onto workers, or vehicle-related crashes.
Owners of construction firms and the owners of the sites at which they work both have an obligation to create a safe work environment for employees and visitors to the site. If they fail to do so, they can be subject to government sanctions as well as liability for personal injury.
Who Is Responsible For This Man’s Injuries?
This case may be complicated from a legal perspective because the man was apparently working for one company on another company’s equipment. That means that the liability may stem from negligence on the part of the employer in allowing the man to work in dangerous conditions, from the owner of the truck for creating the dangerous conditions or both.
A personal injury lawyer must examine the facts of the case to make a determination as to who holds liability for the man’s death in this case. Once that is established, the family may be able to file a wrongful death suit against the person or company that is deemed responsible for the worker’s death. Wrongful death suits usually include damages for lost future earnings as well as loss of love and companionship.
What Should I Do If I am Involved in a Construction Accident?
If you are hurt in a construction accident, your first responsibility is to seek medical attention. You must be sure that your health is not in danger before considering any other possibilities. However, once you have ensured that your health is being taken care of, you should consider your rights to file a personal injury suit against the employer, the work site owner, or both.
A personal injury attorney can help you recover damages for your injuries including medical bills, sums for your mental anguish, pain and suffering, and lost wages while you recover. You may also be entitled to other types of compensation so that you can pay for increased living expenses or other costs. Talk to a personal injury attorney today to protect your rights.
Television programs showcase high-powered and highly paid attorneys litigating dramatic cases with significant outcomes. The reality of the legal field is much different. Beginning and maintaining a career in law also has more than a few unwritten rules. Some requirements are universal to all lawyers while some are of greater benefit to litigators or transactional attorneys. Being an attorney is not for everyone.
Self-Awareness
Above all else, prospective lawyers must have a great deal of self-awareness. Any attorney that performs work incorrectly will endanger another person’s freedom or produce work that leads to costly litigation. Successfully training to become an attorney requires hard work and dedication to the field. Any distractions, doubts, or other life concerns will greatly inhibit one’s educational and professional career. Prospective lawyers must have the ability to look at their own lives and make an unbiased and calculated assessment of their own flaws and work to correct those flaws.
Work Ethic and Motivation
Attorneys must have a high work ethic. Simply being authorized to practice law normally requires a law degree, which requires three years of law school. At school, students are exposed to the Socratic Method, a method of challenging the student’s beliefs in front of the class. This potential for social embarrassment is both a great motivator to do well and a great source of discouragement for someone on the fence about law school. Additionally, obtaining a job right out of law school frequently requires a professional connection to a firm in some capacity. The most common source of this connection is an internship acquired during the summer.
Attorneys who receive a high salary from a firm will be expected to meet a high number of billable hours in a particular year. Billable hours can be misleading; most attorneys find that of all the time spent servicing a particular client’s needs, they may only bill every third hour or so. Attorneys will spend countless hours doing research and performing many necessary tasks that cannot be attributed to any particular client. Attorneys must still meet these billable hours requirements or be dismissed from the firm.
Attorneys who accept cases on a contingency basis, such as many personal injury attorneys, normally will not receive compensation for their time without any recovery for the client. If the client cannot afford to pay discovery costs or filing fees, the attorney may be willing to float those costs in the hopes of receiving a settlement or even a judgment. In other words, an attorney may have his or her own money tied up in a client’s case. If the amount is great or if the firm is small, this can be a source of stress for an attorney.
Focus
All attorneys must also have analytical personalities, an eye for detail, and an excellent memory. Law heavily relies upon precedent and attorneys who can remember details about binding or at least persuasive cases in that particular jurisdiction will have a substantial advantage over those that cannot. Specific offenses and tortious acts have specific elements that vary in specific jurisdictions, each with their own qualifiers created by hundreds of years of case law. Even the trial and appellate courts are not always named consistently; unlike most states, New York calls its trial courts the “Supreme Court,” which can throw off some attorneys not experienced in New York law. This is one reason why practicing attorneys such as hometown lawyers specialize in one or a few areas of law; mastering every field is just not as efficient for them or their clients.
Quality Interpersonal Skills
Attorneys that litigate cases will benefit greatly from an outgoing personality, but all attorneys will need quality interpersonal skills. Depending upon an attorney’s particular area of practice, they will meet with defendants, prosecutors, plaintiffs, defendants, opposing counsel, co-counsel, witnesses, investigators, judges, and various other parties. Meeting with all of these people will require patience, eloquence, and an understanding of both parties’ respective positions so as to leverage the situation to the client’s best interests.
Transactional attorneys will also require interpersonal skills. Often, clients are uncertain or vague about their specific goals and require an in-depth conversation to clarify matters. Some signatories to a contract can be apprehensive about the inclusion of certain clauses and require an attorney to explain why said clauses are included in the contract. Transactional attorneys may also have to persuade unwilling clients to engage or not engage in certain conduct.
Determining in advance whether a career in law is right for you is difficult. Law is a prestigious profession that requires a high degree of training and proficiency. Lawyers must understand the law, speak with clients to understand their needs, and interpret the law and apply to the client’s situation. This requires an array of learned skills that must be applied perfectly. For those select few who consider law to be a calling rather than a career, becoming a lawyer can be the start of an intellectually, spiritually, and financially rewarding career.
Author Anthony Joseph contributes this article for those considering a life in the legal field. At Hometown Lawyers, New York, there are highly skilled lawyers featured in single categories of law, including: divorce, dwi, personal injury, bankruptcy and criminal law. Additionally the directory qualifies its attorneys by knowledge, communication skills, confidence style, experience in judgment, ethics and ability to respond quickly.
