Waterpark Accidents: Who is Liable?

Waterparks are some of the best recreational spaces, especially during summer where people will look for ways to cool off. Unfortunately, accidents can happen in waterparks, and because the season makes people go to waterparks these days, these accidents can be particularly troubling.

According to the website of Brunkenhoefer P.C., those who have been hurt in waterparks may have legal options. That is good to know. But who is liable on waterpark accidents anyway?

Waterpark Owner

There is a legal concept known as premises liability. This makes property owners liable for accidents and injuries that occur in their premises. This, of course, includes waterpark owners.

If the waterpark owner’s action or inaction has caused the dangerous condition that has led to the accident and injury, it may be held accountable, especially if negligence or recklessness has been involved.

Some examples include waterpark owners who have failed to enforce safety rules and regulations, maintain the place to avoid defects and malfunctions, and hire sufficient and competent personnel like lifeguards and security guards.

Waterpark Employee

There are also instances where a waterpark employee is the one at fault, and not the waterpark owner. This is an important distinction in liability. This distinction is characterized by a waterpark employee’s malicious actions, like when the employee intentionally pushes you to make you slip, fall, and break your arm.

Action or inaction that results into the employee’s failure to do its job properly is still often in the scope of the waterpark owner’s responsibility, so you cannot sue a particular employee if it has done a mistake on its job.

Waterpark Customer

It is important to note that, if you have been involved in an accident, it doesn’t necessarily mean that it is another person’s fault. There are times where waterpark customers themselves cause accidents, especially on instances where they intentionally do reckless behaviors.

One of the most reckless behaviors a waterpark customer can do is horseplay in slides.

A very Important Divorce-related Issue: Child Custody

A very Important Divorce-related Issue: Child Custody

For many centuries until the latter part of the 1900s, two practices became prevalent where child custody was the issue: the Tender Years doctrine and the Maternal Preference doctrine. In both practices custody of the child was always awarded by judges to mothers as judges believed that mothers were naturally more capable of providing the love and attention that children need (it was only through proving that the mother was unfit for the father to be given custodial rights). These doctrines have been abolished, though, and began to be replaced by the “the best interest of the child” doctrine during the last quarter of the 1900s due to the belief that the old practices violated the equal protection clause of the Fourteenth Amendment to the U.S. Constitution. Despite the doctrines’ abolishment and their perceived violation of the equal protection clause, many judges still end up favoring mothers and, so, award to them custody, especially, of young children.

There are courts, however, that decide to award custody to both parents in consideration of the new doctrine and due to the belief that it is very important that a child develops a strong bond with both of his/her parents. However, there is no certainty that joint custody will be the decision a court will make, unless it sees both parents as fit, will contribute well in the child’s development and that the decision will be in the child’s best interests.

Whether sole custody or joint custody, the factors that courts and states believe as important bases when making a decision include:

  • the amount of involvement each parent has given and can give the child in his/her activities;
  • the level of relationship between the child and each parent;
  • the parents’ individual lifestyle, health and financial stability;
  • factors that can affect a child’s academic performance, such as parental care, availability of parent whenever the child would need his/her time and attention;
  • the age and gender of the child; and,
  • the possible physical, emotional and health risks in the environment where each parent lives.

As explained in the website of The Maynard Law Firm, in sole custody or sole managing conservatorship (as it is called in the state of Texas), “Parents who are appointed the sole managing conservator of their children are generally awarded all of the rights, powers, privileges, and duties that are associated with caring for their children. As such, the other parent generally will not be granted many rights, if any, to make decisions about their child’s future.”

With regard to joint custody or Joint Managing conservatorship, however, the firm says, “When agreed to by the parents, or when the Judge determines it is in the best interest of the children, parents who are appointed joint managing conservator of the children generally share the majority of the rights, powers, privileges, and duties that are associated with caring for their children. Many times the children’s domicile will be restricted to a specific geographic area to enable both parents to equally participate in the children’s day-to-day lives. The parent with whom the children reside the majority of the time and who is also awarded the right to determine the primary domicile of the children is sometimes referred to as the primary joint managing conservatorship.”

Whether your divorce case is settled in court or through the privacy afforded by an alternative divorce process, it may be best that you have a knowledgeable child custody lawyer counselling you as this may help you understand your right and make an informed decision that will be for the good of everyone.

Avoid a Probate and Save Your Family from paying Costly Property Taxes

Ensuring the future of your family through the drafting of a Will or a Living Trust. The contents of a Will becomes effective upon your death. A Will basically allows you to name your heir/s to whom you wish to bequeath your property; it also lets you appoint an executor or personal representative, whose tasks shall include: the collection and management of all your assets; selling of your real estate or securities, if necessary; payment of your remaining debts; and, the distribution of what remains from your assets (after all debts have been paid) to all your named heirs. While still alive, you as the testator or the person who made the Will, can make changes to it as often as deem necessary. To be able to execute it, it will first need to be filed in the local probate court (in the state where you reside or where the estate you own is situated) and then subjected to probate, the legal process that will prove the validity of your Will.

A Living Trust or an “inter vivos” trust, on the other hand, is a written form of agreement, which specifies the transfer of your properties to a Living Trust. It requires a trustee, a role which you, yourself, can assume; the law, however, also allows a trust company or a bank to assume this role.

A Living Trust manages all transferred properties for the benefit of your heirs named in the trust agreement. You can revoke or amend it, just as you would a Will, any time before your death. But, while a Will may be executed only upon your death, a Living Trust takes effect as soon as you create, and transfer your properties into, it. Its length of effectivity is considerably flexible too since you can specify when exactly you want it to end, like when the beneficiary turns 23 or two years after your death, and so forth.

There are definitely many things that you may want to consider before deciding whether you should prepare a Will or a Living Trust, though. For while Living Trust offers the huge benefit of it being exempt from the probate process, it is still not outrightly recommended to everyone.

There are two types of living trusts recognized by the U.S. government:

  • Revocable Living Trust is wherein the grantor retains control of his/her assets that have been transferred to the ownership of the trust (since he/she is also the named trustee). As the name suggests, this type of trust may be revoked or changed by the grantor anytime he/she wishes to. Upon the grantor’s death, his/her successor trustee takes charge in the distribution of the properties identified in the document; and,
  • Irrevocable Living Trust is the type of trust wherein properties are irrevocably and permanently given to beneficiaries even while the grantor is still alive. This rendering these same properties free from the grantor’s interest and control. Extremely wealthy couples (or single parents), who have enough savings to last through a lifetime, are usually the ones opting to create this type of trust. Though they may lose actual ownership of certain properties, these will also be removed from their total estate, thus a smaller estate tax to pay.

Some major advantage of a Living Trust over a Will is that the former avoids probate, saving a family from paying costly property taxes (despite its being more expensive to prepare compared to a Will), automatically names someone who will manage the grantor’s affairs, and maintains privacy, as the distribution of properties will neither be publicly made nor recorded.

According to Tucson business law attorneys, drafting a Living Trust “isn’t always easy to do on your own, but with the help of a qualified legal professional, you can create a well-crafted, comprehensive plan for your future. Furthermore, they can help ensure your rights and interests are protected when dealing with estate matters, such as trust litigation or guardianships.”

Effects of Physical Abuse in Nursing Homes

Physical abuse is one of the most common forms of abuses being experienced by some of the elderly people in our nursing homes. It is a good thing that it is also the easiest to detect, because its consequences are very obvious.

According to the website of Karlin, Fleisher & Falkenberg, LLC, physical abuse can be subject to legal action. You should always look for the signs to determine if your loved one is being abused in a nursing home, so you can immediately take action and hold the nursing home liable. Sometimes, you just can’t expect your loved one to speak up, maybe because of their physical limitations or fear.

Obvious Physical Effects

The most obvious signs of physical abuse are unexplained injuries. If your loved one has bruises, cuts, fractures, and other unjustifiable injuries, he or she may be experiencing physical abuse. Also watch out for abrasions that look like injuries from rope restraints and the like, because many physical abuse cases involve the excessive use of force in restraining patients.

Though these injuries may seem minor to you, they can be very significant for elderly people because their bodies are much weaker and vulnerable.

Subtle Physical Effects

Aside from unexplained wounds, you should also be aware of other subtler physical traits that may be seen as signs of physical abuse. Some of these traits include malnutrition, dehydration, increased vulnerability to illnesses, and sudden weight loss. These traits are often associated with dizziness, skin dryness, loss of appetite, and low blood pressure.

Emotional and Psychological Effects

Physical abuse does not just affect physical attributes. They can also affect the emotional and psychological being of your loved one. If he or she is acting differently, he or she may be a victim of physical abuse. Some signs are agitation, anxiety, depression, fear of others, and refusal to take medication. These can have negative effects in the health of your loved one.

You loved one does not deserve to be on the mercy of an abusive medical staff. If you think your loved one has been experiencing physical abuse in the nursing home, it is best to remove him or her from the abusive situation. Seek professionals that will help your loved one recover from the physical, emotional, and psychological effects of physical abuse.

What Hypnotherapy Can Do

Substance abuse, behavioral addictions and even chronic pain are just a few of the many forms of addiction. Each type of addiction is unique and requires a treatment plan that is tailored according to the specific addiction of an individual and the needs that he/she needs.

Rehab facilities may be able to effectively treat addiction to illicit drugs, alcohol and prescription drugs, while other types of treatment facilities offer solutions to behavioral health issues, like eating disorder and different forms of behavioral addictions, such as addiction to gambling, Internet use, shopping, love, sex, work, and shopping.

Addiction most often makes a person dependent on the thing he/she is addicted to. Addiction, it has to be understood, is not developed overnight. An alcoholic, for instance, starts with casual drinking which later on becomes a daily habit. As he/she becomes physically dependent on alcohol, his/her body also becomes used to receiving certain levels of alcohol regularly, so that absence of alcohol intake can upset his/her body’s new balance, resulting in unpleasant (and sometimes) physically dangerous outcomes.

Drastically reducing or stopping alcohol intake can make a person experience withdrawal symptoms, such as hand tremors, perspiration, anxiety, restlessness, agitation, vomiting, nausea, rapid heartbeat, hallucinations, sleep disturbances and seizures.

Though withdrawal symptoms may not be comfortable, it is a necessary process in order to rid the body of unhealthy substances; however, in detoxifying the body of alcohol, it may be necessary that it be done in a medically supervised environment to allay the life-threatening effects of withdrawal from alcohol.

In reducing or eliminating any possibility of relapse, or to help a person conquer his/her addiction, as well as addictive behavior, another form of treatment has been made available – one that continues to gain credibility in both the medical and psychiatric communities: Hypnosis or Hypnotherapy.

Since the 1950s, hypnotherapy has helped people stop smoking, drinking and/or use drugs, lose weight, overcome insomnia, improve self-esteem, confidence, relationships and communication, reduce anxiety, depression and fear, and accomplish a hundred other things. By turning to the brain through hypnosis, any addictive urge or bad habit can be turned off and any desire for the positive, developed or improved.

According to the Orlando Hypnosis Clinic stopping addiction to anything requires commitment. Many of those who undergo treatment fail because there is no real resolve in them to change. Equally important besides the commitment, however, is extensive support to patients.

How To File For Disability Insurance Claims

There are many consequences that can follow with disability. This is especially true if you are deemed permanently disabled. With disability, you lose your ability to work and earn wages. This can be a huge adjustment not only on your part but also that of your family especially if they are financially dependent on you. According the Toronto personal injury lawyers of Mazin & Associates, PC, it is possible for you to claim disability benefits.

A disability benefit is a form of insurance that insures your earned income against the risk that being disabled will create a barrier for you to complete your assigned job. Disability benefits shoulders paid sick leave as well as short and long term disability benefits. However, it is worth noting that disability benefits claims can take longer to process than other kinds of Social Security Claims. However, there are certain information you need to provide to quicken the application process.

  • Personal Information
  • Social Security number and proof of age
  • Names, addresses, and contact numbers of doctors and medical facilities you visit
  • Any medicines that you are taking
  • Medical records that you may already have
  • Laboratory and test results
  • A summary of your work and the kind of work you did
  • Recent W-2 Form or copy of Federal Tax Return for self-employed

When filing a claim, it is important to make sure that you are eligible to receive disability benefits. Your effort can go for naught if your application is denied just because you are not qualified to avail of benefits. As the application process can prove overwhelming for you, having an attorney to help you with the process can make the chances of approval much higher.

There is also a certain time limit for filing a disability claim so make sure to apply for it within that timeframe.

Late Child Support Payments

The Child Support Enforcement Program started being implemented in 1975 as a federal-state program that secures financial support for children from their non-custodial parent.

Between the years 2004 and 2014, the share of CSE-eligible custodial parents who had already established agreements degenerated by 11 percentage points to 49% from 60%.

Child support professionals have an inkling as to why this is happening; it is because the Temporary Assistance for Needy Families is also shrinking, resulting in fewer custodial parents being mandated to establish a CSE case as a condition of receiving financial help from the government.

The website of Maynard Law says that child support payments are determined by the courts via a myriad of factors such as what each parent makes financially and how much time they spend with their children. Income as determined by the courts include wages, bonuses, self-employment earnings, unemployment benefits, workers’ compensation, pensions, private or government retirement benefits, among others.

Child support determination also varies among states but there are a few basic factors that determine the amount of child support payments that will be awarded to the children. For instance, if the children had been used to a certain lifestyle (they had been rich and living extravagantly) during their stay with their married parents, both of the parents should have to ensure that the children would still be living this lifestyle, that is, this lifestyle is the one they would have lived anyway had their parents decided not to split up.

However, child support payments can be reduced if requested to the courts by the parent providing them, provided he or she has a legitimate reason for such a request, such as the loss of a job, which would make it difficult for him or her to pay the formerly agreed-upon child support amount. It is advised that the parent making the child support payments let the courts know as soon as possible of any difficulty in fulfilling his or her child support responsibilities, as forfeiture of such responsibilities can result in property seizure, suspension of business license, suspension of driver’s license, tax refund interception, and arrest and time in jail, among others.

Car Accidents and Disability

Injuries are never simple to cope with – especially if a disability is caused by them. Having a disability, either temporary or long-lasting, can severely affect the manner in which you stay or even cost you your job. Being handicapped, nevertheless, is a typical consequence of car accidents. The expense will not quit at medical procedures that are required for recoveries. There is also the reduction of wages for the days that the victim is unable to execute the damages to the injury and pain as well the vehicle in question endured as well as her or his obligations at work.

Of course, there is no monetary equivalent that could actually add up to the psychological hardship caused by the accident; however, as stated by the website of the Indianapolis car accident lawyers of the Hankey Law Office, regulations regarding private injury allows for you to document legal action from the responsible celebration who caused your injury to ensure you may receive financial compensation as retribution for the wrong done to you personally.

An Indiana car wreck lawyer could tell you that these proceedings may be hugely challenging and dull. The stress alone from all of the conditions and deadlines may be harmful to your recuperation. Their obligations aren’t limited to the limits of a court and proceedings that were legal.

It truly is also their responsibility to give a compassionate, seeing that you will grant just the best of prices for the wrong done to you, and your rights are defended, that your recuperation is prioritized and helping hands. Personal injury cases, specifically these underneath the bracket of motor vehicle collisions, could not be significantly easy to proceed through with, with respect to the character of the crash’s origin. In the event the collision was due to a defect, then it truly is the manufacturer who’s at fault and going against a large brand-name company may be daunting.

It’s within your rights, nonetheless, to be treated together with exactly the same amount of dignity and respect as anyone else, whether they have been in a position of wealth and power or maybe not – and the law, in addition to individuals who enforce it, is meant to guard you from your neglect of other people.

Severe Morning Sickness

Every pregnancy is unique. All have their ups and downs, yet some are considered “easy pregnancies” with few unforeseen difficulties, and some are considered “difficult pregnancies” with various complications. On of the lesser know complications experience in a challenging pregnancy by many women is severe morning sickness. Severe morning sickness is extremely unpleasant and could be potentially threatening to the health of the mother and child if gone untreated.

All women experience morning sickness, yet for most if is a manageable if unpleasant sensation of nausea and vomiting experienced most often in the mornings (but can be experienced at any time of day) that peaks around the ninth week of pregnancy and then subsides. Severe morning sickness occurs for longer and far more severely, to the point where the mother has difficulty retaining the nutrients she needs for herself and her child. This can result in severe dehydration and weight loss. This is potentially harmful condition and women who experience it should consult their doctors about treatment as soon as possible.

However, not all treatment is a viable solution to this problem- some nausea medications have significant side effects which can be harmful if taken while pregnant. For example, according to the website of Williams Kherkher, the drug Zofran, which was prescribed to treat morning sickness, has been linked to birth defects such as congenital heart defects, cleft lip, and cleft palate. If you are experiencing severe morning sickness and are seeking medication to treat it, it important to be aware of all of the potential side effects of the medication you use, so as to best consider the health of you and your child. If you were prescribed Zofran while pregnant and your child has any of the above birth defects, you may be entitled to certain damages.

What is Galactorrhea and its link to Risperdal?

Undesirable side effects are part and parcel of many pharmaceuticals. Some are mild, while others are more serious. Risperdal (risperidone) is no exception. One of the side effects that the website of the Risperdal attorneys from the Williams Kherkher law firm says they are investigating on behalf of their personal injury clients is galactorrhea.

Galactorrhea is breast milk production not caused by nursing or childbirth. It occurs in both sexes, newborns, and adolescents. There are many causes attributed to this spontaneous flow of breast milk, including stress and excessive stimulation of the nipples or hormonal disturbances. This includes thyroid disorders and hyperprolactinemia. In about half of all reported cases, the cause is undetermined.

Galactorrhea is identified as a side effect of Risperdal (risperidone), an atypical antipsychotic. It has an affinity to serotonin receptor (5-HT) subtypes and particularly for D2 receptors. It has been known to cause hyperprlactinemia due to blocking prolactin release domanine receptors. This results in elevated prolactin levels observed in about 90% of those taking the drug. Risperdal is different from other atypical antipsychotics in this regard.

If the spontaneous production of milk was all that it caused, Risperdal would not be considered a dangerous drug. However, studies have shown that hyperprolactinaemia triggers hypogonadism because it causes the hypothalamus to release luteinizing hormone-releasing hormones which lowers the levels of testosterone and estrogen in the patient. This can lead to osteoporosis, the decrease in bone mass and density that makes bones brittle. This hormonal imbalance is also indicated in a higher risk of developing breast cancer.

There are many factors that may lead to galactorrhea aside from taking Risperdal. However, while the studies linking Risperdal and galactorrhea and the attendant long-term complications are not yet conclusive, it certainly bears looking into. If you have been prescribed with Risperdal and suffer from galactorrhea, you should consult with your doctor. You should also see an established Rispedal lawyer in your state. You may be one of the first to prove that Risperdal caused your injury.