Who is Liable for Dog Bite Injuries?

With the increasing incidence and severity of dog bites and animal maulings happening around the United States, many people are calling for updates regarding outdated dogs laws. Although owners can be held liable for injuries and damages caused by their pets, punishments are often light and not enough compared to the damages that they have caused. Dog bites or animal maulings do not only cause physical injuries, they can also leave emotional scars and psychological trauma. Common injuries associated with animal attacks are lacerations, bruises, broken bones, and scarring caused by deep wounds.

State laws regarding animal bites can differ. There are states that follow the “strict liability” rule, making the pet owner liable for injuries caused by their pets whether or not they are aware of their nature (to bite) or not, with respect to keeping other people from attacks. Likewise, there are states that make owners liable for injuries and damages their animals cause provided they are aware of the dangerous nature of the animal. It can be very difficult to fully determine whether an animal is dangerous or not, which is why it is difficult to bring dog bites or animal mauling case in court. One way to help determine the owner’s liability is the necessity of the owner to know the risks that come with the animal, or if the owner has to know whether that particular type of animal has the potential of harming others.

There are defenses that animal owners can use when injury claims are put against them in court. Common defenses used in court are the “assumption of risk” and “contributory negligence” of the victim. The website of Detroit law firm Ravid & Associates, P.C., states that actions such as provoking the animal, ignoring warning signs, and trespassing can negate the animal owner’s responsibility. Only if the animal attack and the resulting injury was not influenced by such factors can personal injury claims can be filed. After getting medical attention after being hurt by an animal, it is important to find out who the owner of the animal is. Contacting a lawyer is the next step, preferably someone with experience in animal bites cases. Medical records, witness reports, photos, and other evidence play a vital role in winning an injury claim, therefore such information should be gathered together with the owner’s name, address and other details.

Preparing for a Divorce

Legal separation is considered the first steps in the process of divorce. It is important to note that although the couple has decided to live apart, being legally separated is entirely a different matter. State laws will determine when the separation started, and they also have varying amount of time needed for both spouses to be living apart in order to qualify for a no-fault divorce. Legal separation will pave the way to negotiations regarding the division of property and assets, as well as other responsibilities related to the marital union.

In a way, legal separation is a sort of “business deal” between the spouses to help them determine whether they would choose to go on with the divorce or consider other options. Sometimes, financial factors are considered before deciding whether the divorce will push through or both spouses stay legally separated. Trial separation can provide both spouses a window into how the divorce will affect every affect of their life: and often, many couples tend to choose legal separation rather than divorce because of the possible financial benefits.

For a legal separation to work best for both spouses, the website of Marshall & Taylor, PLLC, says that getting a formal written agreement regarding the separation, which is legally binding and would resolve marital issues such as division or assets and debts, alimony and child support, among many others. Failing to secure such a legal separation agreement can only result to problems in litigation. Since divorce laws vary from each state, regulations related to legal separation may differ as well. It is vital, therefore, to seek legal help before proceeding with either a legal separation or divorce in order and make them a viable option for you and your spouse.

Other reasons why legal separation is preferred rather than getting a divorce is because of religious reasons; often, those who are devout in their faith and view divorce as something to frown upon choose to legally separate rather than suffer the stigma. Likewise, there are couples that, despite still loving each other, find it difficult to live together. The process and decision for legal separation and divorce is very complicated, so finding a good divorce lawyer to help with the legalities will not only make the transition smoother but ensure that your assets and property are protected for your future.

Treating Varicose Veins with Radiofrequency Ablation

Varicose veins are more than just an issue of physical beauty or vanity; they can be a serious health risk. Varicose veins are caused by weakened or damaged one-way valves inside the veins. When these valves are unable to perform their task of keeping the blood moving to the heart, blood on that area backs up and pools, leading to swelling. Although common in women who have experienced pregnancy, varicose veins can affect men as well. They are also inherited in families and can develop as you get older. Others who are at risk of developing varicose veins are those who are on their feet and standing a lot, those who are obese, and those who don’t move their feet around for long periods of time.

There are a host of health conditions that lists varicose veins as one of the symptoms, and among the more dangerous ones are deep vein thrombosis and venous disease. Deep vein thrombosis (DVT) is serious blood clots that can lead to pulmonary embolism that could be fatal. Venous disease is ulcers that appear on the inner legs just above the ankle. They occur when leg veins have deteriorated and not working properly, and with the blood no longer being pumped effectively, pressure in the vein will stay and lead to skin changes, edema, and ulcers.

The use of compression stockings are often recommended for varicose veins, since they help squeezing the legs to help promote blood flow. According to the website of Bergman Folkers Plastic Surgery, another option that many people are looking into, especially for small to medium-sized varicose veins is sclerotherapy. This is a common treatment in where a solution is injected into the obvious varicose veins to make it scar and close, and eventually fade in a few weeks. Medical spas offer such services, and they are also allowed to treat smaller veins that have branched out to significantly bigger varicose veins. The procedure often involves the use of lasers or radiofrequency ablation to heat the vein and close it, allowing for blood to flow through healthier veins.

Varicose veins, although treated, can still recur. Since varicose veins are covered by insurance, repeated treatment may not be as hard on the budget as many people believe it would be. With serious threats to health, such as DVT and venous disease, it is important for people with varicose veins not to disregard them and find treatment as soon as possible. Earlier treatment of varicose veins would greatly decrease chances of developing further health complications in the future.

Explosions on Construction Sites

One of the most dangerous accidents that can occur in a construction site is explosions and fires. With the presence of pressurized containers, toxic materials, inflammable chemicals, high-powered tools, and construction materials that can make a construction site a high-risk place for serious injuries and even death due to explosions or fires, it is no wonder why construction sites are deemed one of the most dangerous places to work. Construction workers face everyday scenarios that can potentially lead to serious or life-changing injuries, with majority of these injuries needing urgent medical attention.

Burn injuries are the most common when explosion or fire accidents occur, but the safety risks are far more than burns. Broken bones, traumatic spine and brain injuries, and loss of hearing and vision are just among the numerous injuries that a construction worker can suffer from after being involved in an explosion or fire. According to the website of the The Benton Law Firm, many of these explosion and fire-related accidents happen because of unsafe work conditions and companies failing to comply with the safety codes required of them. When it is these factors that lead to the explosion or fire accident that caused the serious injuries, then workers have the right for worker’s compensation and even disability benefits if they are qualified for it.

Based on reports from the Board of Labor Statistics, almost half (48 percent) of fatal construction site explosions and fires are caused by poor maintenance and repair or construction supplies and tools. Furthermore, the risk of explosion and fire increase higher when third-party contractual workers who are not fully trained on safety procedures in the worksite. These factors can easily be prevented, and the website of the Abel Law Firm suggests that in order for both workers to avoid injuries and construction companies to prevent lawsuits is to have high regard for workplace safety: be sure that the right person in placed on a specific job, and that safety gears and training are properly given. With safety and health a priority, construction sites can go through with the project without and risks of injury to their workers.

Adverse Possession of Property

Adverse possession is the legal term used to describe a method of which a trespasser can acquire the title of a through the use of the land. Started in common law and is now codified under both federal and state statutes, a trespasser can win legal ownership of the land whether they are fully aware of their actions or from an honest misunderstanding of faulty property description. State statutes may differ, but typically, a person can win the title of the land from the existing owner when certain requirements are made.

First, the trespasser should be able to physically use the land in the property just like a typical landowner should – with actions that eventually changed the state of the land – all with the exclusion of the true property owner. Next, the trespasser (or disseisor) is deemed a non-permitted, hostile or adverse party as viewed by court through: (1) objective, where the disseisor used the property without the owner’s permission or contradictory to the true owner’s rights, (2) bad faith or intentional trespass, with the disseisor’s personal intent, and (3) good faith, where the court determined the disseisor’s honest mistake in determining the boundary lines of their property. Third factor, the disseisor should be open and obvious of their intention to assert their claim of the land through visible use of the land even noticeable to any reasonable person.

Fourth factor is the disseisor’s continuous use of the property according to the statute of limitations as established in the state that the property is in. According to  the website of Gagnon, Peacock & Vereeke, P.C., in the state of Texas the time period needed for a disseisor to occupy a part of land is 10 years, but they can file a claim to the property if they have paid for the taxes for 5 consecutive years. If the true owner does take any actions to eject the disseisor, then it constitutes to continuous use of the property. Lastly, the disseisor should have exclusive use of the property.

Strict compliance to the state’s laws and statutes regarding adverse possession should be followed in order to have a significant impact on gaining the title to a land or property. For the true landowners, you might need to file a lawsuit against the disseisor or trespassers so as to avoid having them win the land title. Land property owners should not “sleep on their rights” and take legal action in order to prove the land was not abandoned and open for adverse possession.

Persistent Organic Pollutants (POPs) Treaty

Signed in 2001, the Persistent Organic Pollutants (POPs) treaty is an environmental treaty based on an agreement made at the Stockholm Convention with the UN to restrict or eliminate persistent organic pollutants (POPs). The treaty was agreed upon at the Stockholm Convention in 2001, but was officially enacted in the United States in 2004. After POPs undesirable health effects were discovered, it was determined a change was needed to protect the health of all U.S. citizens. As a result, the POPs treaty outlines 12 toxins, “the dirty dozen,” on its list of targeted pollutants.

Persistent organic pollutants are toxic chemicals that are often used in agricultural production, industrial manufacturing, combustion, and disease control. Although the list includes a wide variety of chemicals, two common ones are dichlorodiohenyl trichloroethane (DDTs) and polychlorinated biphenyls (PCBs). These compounds were commercially used throughout the industrialization reform and World War II without regulation, as their debilitating repercussions were undetectable at the time.

The life-long affects of exposure to POPs are detrimental. Although their use in production has been outlawed or regulated, POPs, by definition, can be transferred through wind; intentional or unintentional ingestion or inhalation of POPs have potential to affect a person. When this happens, internal organs’, reproductive, and neurological systems can be damaged. Furthermore, some POPs, such as PCBs, have a theorized link in contributing or causing cancerous tumor formation.

The POPs treaty aims to minimize and phase out harmful POPs, and sets criteria for companies to manage POPs that are unintentionally produced. Furthermore, it mandates strategies for entities to successfully identify stockpiles, products, and sites that either are contaminated, or have potential to contaminate.

Both DDTs and PCBs production has been prohibited. However, they persist to contaminate the air through a range of means, and are therefore continually regulated. Agriculture technology companies, like Monsanto, utilized PCBs in their manufacturing processes of the past. Monsanto PCBs contaminated and still contaminate the air through operation of existing products. Thanks to the POPs treaty, efforts are in place to manage their current effects, while eliminating them in the future.

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