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Sustenance is essential to our survival, and when we purchase food from a grocery store or a meal from a restaurant we want to believe it is safe to consume. A faulty good from a department store may cause external physical harm, but negligence in food production can lead to severe illness and death.
Liability when it comes to food safety can take many forms. If a company has poor safety practices, then contamination can affect customers. Bacteria, like salmonella, can make people sick when incorporated into the food supply, or a foreign object can make its way to the final product. Companies in the past have also been held liable for not listing a warning on their products.
One of the most famous cases of the latter is Liebeck v. McDonald’s Restaurants from 1994. Stella Liebeck was served a hot cup of coffee in a McDonald’s Restaurant drive through that resulted in third-degree burns to her lower body. The temperature of the cup of coffee was up to 40 degrees higher than other restaurants that serve coffee, or the average temperature of a cup of coffee from an at home coffee maker. Because of the high temperature, 700 others were also burned by hot beverages at McDonald’s. Although the cup did warn that the contents are hot, there was no warning about third-degree burns. Liebeck was awarded $2.7 Million in punitive damages and $160,000 for medical expenses.
In almost any industry, small injuries are expected. Even in an office job, an accident can occur. However, not every accident or injury is eligible for workers’ compensation. Anything that cannot be safely handled by a basic first aid kit could be eligible. When an injury occurs at work that threatens future work and pay, a family’s livelihood could be at jeopardy. This is why workers’ compensation laws are in place.
Workers’ Compensation is an insurance required by law to be had by employers. No matter the size of a staff, or the number of employees, most employers are required to have workers’ compensation insurance. This insurance protects employees in the event of an accident caused by work that affects the employees’ ability to work. Workers’ compensation can cover lost wages and/or medical treatment depending on the severity of the injury. When filing workers’ compensation, this prevents you from suing your employer for a personal injury claim. However, if a third party is responsible for the negligence that caused your injury, they can be sued.
According to the Centers for Disease Control and Protection, car accidents are the leading cause of death for teenagers in the United States. Getting into a car accident is a traumatizing enough experience, but the situation may be further complicated if the driver is a teenager.
Drivers between the ages of 16 and 19 are the most likely to be involved in a car accident. In fact, that age group is three times more likely to be in an accident than drivers 20 years and older. When it comes to the death rates of teenagers involved in a car accident, male drivers are twice as likely to be in a fatal crash than females.
More than 30,000 people are killed in car crashes each year. Considering teen drivers have the highest probability to be involved in a crash, there is a good possibility that you may get in a car accident with a teenage driver. Although the majority of teen drivers have recently completed driver education courses and should have a fresh memory of safety, accidents with teenage drivers are often caused by reckless activity.
As seniors grow older, their family members often become responsible for their wellbeing and care. With full-time jobs and families, becoming a caregiver for an elder loved one is not always a viable option. Older people often require specialized care that only a medical professional can administer. Nursing homes are a respected option for families who have elders who can no longer take care of themselves. While these facilities do have benefits, far too often, older people can become victim to the system.
Elders are often easy targets. In fact, 10% of people aged 60 years or older have faced some form of elder abuse. The statistics of abuse go up with elders with mental impairments such as dementia or Alzheimer’s disease. Abuse also comes in many forms. Examples are physical, emotional, neglect, isolation, and exploitation.
Pulling up next to a semi-truck makes many drivers nervous. Trucks are not only intimidating in size but in the United States, can weigh as much as 80,000 pounds on the road. Truck accidents are more complicated than car accidents because there are more factors involved. During a car accident, it is usually more apparent whos fault the accident was, but during a truck accident, it may be either driver or one of the companies behind the truck.
We rely on trucks and truck services to bring goods across the country. A semi-truck sees an average of 45,000 miles of usage a year. Truck drivers and their vehicles get worn down and it is important for companies to stay on top of maintenance and driving hours. When a truck is involved in an accident, here are some instances where the driver or company who owns the truck can be held liable.
Although the majority of employers are required by law to have workers’ compensation insurance, an employee may feel like their employment is at risk after an incident at work. The truth is, employers cannot fire someone based solely on filing a workers’ compensation claim. In fact, it is illegal to discriminate, threaten, or refuse to rehire an employee on the grounds of filing a claim.
If a person gets injured or killed because of an accident at work, they are entitled to compensation based on medical care and missed time at work. No matter how small a business is, all employees are entitled to the protection that workers’ compensation provides. Depending on the injury, it may put a person out of work for a long time, and the compensation assists with lost wages. If a person cannot return to work, they may qualify for permanent disability and their compensation will be higher than temporary disability.
No consumer purchases a product and expects it to cause harm. That is why consumers are protected by product liability laws, which gives resources in the event a product caused injury or death. This makes manufacturers and companies liable for any misfortune that their products have caused. There is a responsibility that companies have when providing safe products, or doing their due diligence in providing warnings in other circumstances.
Over 200,000 injuries of children reported in hospitals were caused by toys in 2016. While children may be easier victims of product liability, here are some of the biggest cases in the United States.
General Motors - This American car company, based out of Detroit, is behind reputable car brands such as GMC, Chevrolet, Buick, and Cadillac. However, in 2014 many models of cars were found to have an ignition switch fault that could cause the engine to shut off at any time while in use. This fault caused at least 31 accidents that resulted in the deaths of 13 General Motors customers. Over 26 million cars were recalled, and a fund was created for victims of the faulty ignition switch.
People visit the doctor to feel better but, after heart disease and cancer, medical errors are the third leading cause of death for people living in the United States. It is estimated by John Hopkins University that over 250,000 people die from medical errors a year and that billions of dollars are spent paying out victims or their families. That is approximately 10 deaths a day caused by the negligence of a doctor or hospital.
When a doctor deviates from a standard level or care, it is considered malpractice. It is compared to what a reasonable medical professional would have done in a similar situation, that would have done right by the patient. The key to medical malpractice is proving negligence.
With such a high percentage of deaths due to medical malpractice, it is good to keep an open mind when seeking medical care. When visiting your doctor, keep a lookout for these most common medical malpractices.
When people think of car accidents, their first thought might be a major head-on collision on a public road such as a highway. But, as a driver, you know how chaotic a busy parking lot can be. There are cars fitted into small spaces, drivers coming at every which way, pedestrians walking in between cars, and other physical barriers such as shopping carts. These are more commonly minor and nonfatal accidents, but car accidents in a parking lot can be caused by negligence like any other situation.
The following are common parking lot accidents:
Facing a work-related injury that threatens your career and finances leaves much uncertainty to you and your family. If a claim is denied, you and your family may suffer with the burden of medical bills and the loss of a working adult and paycheck.
Even after a minor injury with minimal lost time at work, you still are eligible for compensation and a solid legal representation is the best option for claiming those benefits. An attorney will also represent you if your claim is denied, and will know how much your case is worth. Even if your employer discourages or threatens you based on your claim, a lawyer will have your back.
When working with a lawyer, you may not know where to start when it comes to questions about your workers’ compensation claim. These questions will help you start the conversation with your lawyer to get the benefits you deserve after a work-related accident or injury.
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2114 Deerpath Road, Aurora, IL 60506 630-907-0909
