Imagine minding your own business at home, when suddenly, an explosion rocks your apartment complex. This shocking situation was a reality for the residents at an apartment complex in the suburbs of Washington, D.C. this past August. The explosion resulted in a fire that destroyed most of the apartment complex and caused many who were in the building at the time to fear for their lives. The explosion claimed the lives of seven people, and cause injury to over 40 people, in addition to the destruction of what many were calling home.
To succeed on a personal injury claim, you need to show that the person you are suing had a responsibility to keep you safe, did not follow through on that responsibility, and this caused your injury. One of the trickiest parts of a personal injury claim is proving that the person who hurt you had a responsibility to keep you safe, or at least a duty not to hurt you. While this is often difficult, there are also situations where it is quite easy, such as when someone was per se negligent.
Negligence Per Se
There are many laws and regulations that dictate what we can and cannot do in the course of our daily lives. These laws exist to keep everyone safe by dictating how basic things are done in the United States. By acting uniformly in this way, we ensure that other people are not needlessly put in harm’s way.
These laws basically set a minimum standard of care for other people that we need to uphold.
Therefore, whenever someone violates one of these laws and ends up hurting you, it can be used as proof that they were negligent. This is because violating these laws is negligence per se, or intrinsically negligent.
This works by reading the law as setting the responsibility that had to be upheld, and then the violation of that law as proof that it was not.
An Example: Driving on the Right Side of the Road
An excellent, and all too common, example of how negligence per se works is New Hampshire’s law that requires drivers to keep to the right side of the road. Whenever someone veers over the center line and causes a car accident, they were likely per se negligent. The minimum standard of care that they had to uphold was to drive on the right side of the road. Crossing over the center line and causing an accident, therefore, is proof that they were not driving on the right side.
Implications of Negligence Per Se
Whenever there is a law, regulation, or statute that dictates how people should act, and then someone violates that rule and someone gets hurt from the violation, it makes it easier to get compensation from them in a personal injury lawsuit. Without having to argue as much over whether they had a responsibility to keep you safe and whether they violated that responsibility, the case becomes much more straightforward.
Personal Injury Attorneys at Tenn And Tenn
Even though negligence per se is a convenient concept for personal injury cases, it still often takes an experience personal injury attorney to make sure that it works properly. This is why hiring the personal injury attorneys at Manchester’s own Tenn And Tenn law firm is one of the best ways to ensure that you receive Continue reading →
In addition to Samsung’s recent troubles with the recall of their new phone for some explosive issues, Samsung has found themselves once again in hot water. Samsung, while known primarily for their handheld electronic devices, is also a manufacturer of a number of appliances, ranging from televisions to washing machines. Samsung has been the subject of several lawsuits regarding one of their models of washing machines.
Exploding Washing Machines
Earlier this month, over 50 professional wrestlers filed a class action lawsuit against World Wrestling Entertainment (WWE) alleging that the wrestlers are suffering from chronic traumatic encephalopathy, a form of permanent brain damage that results from the degenerative disease, as a result of repeated hits to the head.
The case is working its way through the system concurrently with a handful of other similar single and class-action cases against the WWE. This week, the United States District Court of Connecticut granted WWE’s motion for reconsideration to file a countersuit against four wrestlers in another, similar class action suit against the company.
A man is suing the City of Pittsburgh for using a hand-held magnetic security wand too close to his pacemaker, causing it to fail.
Vince Kelly says that when he arrived at Pittsburgh Municipal Court in June of 2014 2014 he cautioned the guard that the metal detector could interfere with his pacemaker. The guard allowed Kelly to go around the detector, but then waived a hand-held metal detector device too close to his heart, causing Kelly to fall and briefly loose consciousness.
The security guard worked for a private company that was contracted by the city and county. Kelly is suing the City of Pittsburgh, Allegheny County, and Victory Security.
A previous study by researchers in Europe found that airport metal detectors have no effect on pacemakers. Researchers used two different detectors set to the highest settings on almost 400 patients with pacemakers or defibrillators. The patients had devices from 11 different companies, representing about 75% of the pacemaker and defibrillator market. After 30 seconds under the detectors, researchers noted no problems with the patients. Continue reading →
When Hit by a Driver in New Hampshire with No Auto Insurance–Who Pays?
The United States Accident statistics show that Americans average roughly six million car accidents annually. This staggering figure of accidents claims over 40,000 lives and injures three million people yearly. With these statistics, it is prudent to conclude that auto accidents are the leading cause of personal injury in the U.S. alone. It does not mean that because car accidents are common that the cases are always easy to handle. For this reason, you need a New Hampshire injury lawyer that can help you sort out the issues.
Car accidents are costly, can cause serious personal injuries and they can cause a major change of lifestyle. You may be left with a deformity that can make you unable to perform your normal functions. Auto accidents in New Hampshire can be complex because the legalities of compensation are different from that of some other states. Victims of vehicle accidents in New Hampshire have rights in regards to the legal options of our state.
It can happen anywhere: you’re walking on a property (either commercial or residential) and you slip and fall. The CDC reports that each year, millions of elderly people (65 and older) fall and only one out of three tell their doctor. A slip and fall accident can have long lasting injuries you may not even be aware of.
The first thing to do after any fall, accident or injury is to seek medical attention. Take care of yourself first. Go to your nearest hospital, urgent care center or see your private doctor. This ensures your injuries will be taken care of by a professional and you’ll begin your path to recovery as soon as possible. But seeing a doctor right after your accident also starts a paper trail that will work to your benefit. You now have documentation of your injury and hopefully a treatment plan to get you back on your feet and headed toward a full physical recovery.
Now what? Do you move on with your life and hope your injuries heal and you don’t drown in medical debt? Or should you consider taking further action because you believe you were injured because of a property owner’s negligence?
Get Help for Your Personal Injury Case in Concord, New Hampshire
The state of New Hampshire is home to good schools and family-friendly communities. Its rustic and laid-back atmosphere makes it an ideal place for bringing up children or for retiring peacefully. With low crime rates, the state is deemed one of the best places to live in America.
Being New Hampshire’s seat of government, the city of Concord is a bustling little community engaged in various industries, the most noted of which are insurance, granite processing, and printing. Concord is a great place to live. Unfortunately, no city is immune to its share of motor vehicle and pedestrian accidents and injuries.
Concord, NH Personal Injuries
Personal injuries often results from negligence, recklessness, substance abuse, and malpractice. It can happen anywhere – on the job, in a boutique, at a hospital, or on the street. Personal injury is not just physical but also psychological and emotional. It can be due to a faulty product, a medical misdiagnosis, a wet floor, an un-repaired pothole, or an absent minded driver. While the injury may come in different forms, the nature of the cause is always the same — either by negligence or irresponsible action by the at-fault party. Unfortunately, the responsible party can be your own boss, doctor, teacher, landlord, an establishment or even the local government. And that personal injury may possibly have been avoided if the offender had taken necessary precautions to do so.
Fighting a Personal Injury Claim Continue reading →
Bodily Injury Claims
When individuals involved in automobile accidents are injured by another party’s negligence, the injured party may be able to make a claim for bodily injuries he or she has sustained. The ability to recover compensation for injuries is based on a variety of fact-specific considerations, including the severity of the injury sustained, the length of any pain and suffering incurred as a result of the accident, out-of-pocket expenses, lost earnings, as well as the limits of coverage on the responsible party’s insurance policy. If you have been injured through no fault of your own, contact an experienced personal injury attorney to discuss the facts of your case.
The total amount of compensation or recovery that may be obtained for a bodily injury claim is based on a variety of factors. This means that this process may take some time for an attorney to determine the total value of a claim. You will first need to reach a medical end point, or have sufficiently recovered from an injury, before your possible compensation can be determined Arriving at a medical end point usually means that there are no further improvements are expected in an injured person’s condition, even though he or she may never be able to fully return to their exact physical condition before the accident occurred.
Medical Costs and Bodily Injury Claims
According to a recent National Highway Traffic Safety Administration Recall, Honda Motor Company is recalling nearly 900,000 certain Honda Odyssey mini vans that could catch fire. In a March 13 filing with NHTSA it states that certain models between 2005 to 2010 have a fuel pump part that could crack and cause fuel leakage thus increasing the risk of fire and personal injury. Because the recall involves 886,815 cars Honda Odyssey Mini Vans, Honda says the proper repair parts will not be available till summer of 2014. Until then the auto dealer will provide a temporary repair until the proper parts become available. Honda will notify owners with an interim letter during April 2014 then a second notice will be mailed to owners when a permanent repair becomes available.
In the interim, any vehicles that are currently leaking from the fuel pump cover will get a replacement; original styles cover (Not the Updated Cover). All vehicles, including those receiving the interim repair, will get an improved cover when they become available.
This style of minivan is popular among families with children. If you believe you may be affected by this recall then you should call Honda or your local Honda dealership to verify your vehicle. You should have you 17 digit VIN number ready when you call and they can look up your vehicle to see if it falls under this recall. If you smell an unusually odor of fuel, then do not start or drive the vehicle. Even turning the key to the on position will activate the fuel pump for a short time to prime the fuel lines.