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A Contract Clause that Frees Tour Companies or Cruise Lines from Legal Responsibility in the Event of an Accident does not Take Away an Injured Passenger’s Rights to File a Civil Lawsuit to Seek Compensation

Since the 1980s the cruising industry has raised the standard in the cruising business, building bigger cruise ships (with passenger capacities ranging from 3000+ to 6000+) and equipping ships with everything that should make every voyage safe and perfectly enjoyable. Thus, besides the adequately equipped clinics for safety and emergency concerns, for the “fun” side of the travel, there are pool and ping pong tables, mine golf courses, basketball courts, gyms, spas, beauty salons, bars, night clubs, casinos, indoor and outdoor swimming pools, rock-climbing walls, bumper cars, skating rinks, zip lines, jogging tracks, waterslides, a planetarium, aqua parks, cinemas, and (seriously) an endless list of others.

Not limiting the excitement onboard, cruise lines have also started introducing shore excursions. Shore excursions are the latest additions to a cruise experience. These major money-making activities for cruise lines are now conducted in almost every port of call, giving passengers enough time to experience a country’s or a city’s life and culture through sightseeing tours, wildlife and wilderness tours, visits to museums and inland dining for a taste of the city’s best cuisine. Besides these passengers can also enjoy parasailing, jet skiing, scuba diving, snorkeling, horseback riding, rain forest hiking, ziplining, rock-climbing, and many others. Though a source of fun and excitement to many, these activities have also caused a number of passengers serious injuries that call for claims lawsuits.

Besides injuries during tours, some cruise line passengers sustain injuries due to other causes, such as tender boat accidents, dock accidents, malfunctioning or defective equipment, motor vehicle accidents, which can happen while the passengers are on a car or tour bus en route to the place they will visit, and lack of security.

Inadequate security, specifically, has caused some passengers to be physically or sexually assaulted while on land. Many have also lost some of their valuables, due to theft, because the cruise line and/or the tour company did not provide enough security, which would ensure passenger safety.

It is explained in the website of the law firm Louis A. Vucci, PA, that though shore excursion agreement contracts contain a clause that frees tour companies or cruise lines from legal responsibility in the event of an accident, this does not take away an injured passenger’s rights to file a civil lawsuit to seek compensation for the pain and suffering the injury has caused.

Some Alarming Facts about Nursing Homes in the U.S.

After having investigated two reported cases of nursing home abuse committed at the Merry Heart Senior Care Services facility, certified nursing assistant Corazon D. Mangona was found guilty of four counts of physical abuse which specifically involved hair pulling and nipple pinching on one patient, and hand slapping and mouth squeezing on another patient; she was arrested on August 25, 2015.

Nursing home facility employees getting convicted and arrested due to physical and/or other forms of abuse is no longer uncommon news. A study conducted by a staff from the Special Investigations Division of the House Government Reform Committee shows that, from January 1999 to January 2001, about 9,000 instances of abuse were committed in 5,283 nursing home facilities. Besides the physical, financial, emotional, verbal and, sexual (which is the most degrading of all) abuses, however, majority of nursing homes were also guilty of acts of neglect. These act included, but are not limited to: failure to provide needed medical care and attention, failure to keep beds (of residents) and common facilities sanitary and hygienic, acts that resulted to dehydration and/or malnutrition, and non-treatment of bedsores. These abuses and acts of neglect are almost regularly committed in facilities where there is not enough number of staff or where staff members lack the training on proper care of residents and, alarmingly, the website NursingHomeAbuseGuide.org says that more than 90% of nursing homes are currently understaffed.

Nursing home understaffing is sometimes intentionally done by some facility owners for increased profit. At other times, it is due to the difficulty in finding or retaining enough properly trained nurses. More alarming than the understaffed issue, however, are the statistical information on nursing homes that are posted in the website of Masters in Health Care. According to the site:

  • 257,872 complaints involving nursing homes were made in 2007. These complaints were related to staffing, facilities and quality of care;
  • Due to lack of staff, a nurse’s aid can have as many as 15 residents/patients assigned to him/her. Sometimes, nurse’s aid to patients ratio can go as high as 1:30;
  • At least one convicted criminal is employed in 92% of all nursing homes in the U.S.: and,
  • About 20% of all cases of abuses ever get reported.

Though many acts of abuses are committed by nursing home staff members themselves, other liable parties include doctors, co-residents and visiting family members or other relatives.

Physical abuse is a common type of abuse committed in nursing homes. Its immediate effects include bruises, welts, cuts, lacerations, bone fractures and dislocations, head or back injuries,internal injuries, internal bleeding, and chronic pain.

Not only are nursing home residents and patients dependent on facility staff for food, bathing, medication, and grooming; they are also defenseless when hurt and easy to scare so that they just keep the acts of abuses to themselves. As pointed out by a nursing home abuse lawyer from the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., exposing anyone of these vulnerable residents and patients to deplorable conditions can easily result in serious injuries, illnesses, emotional trauma, and even death.

Any type of abuse, especially against elders, is inexcusable. Caring family members should know that they can take legal action against the perpetrator of the abusive acts to make them realize that their unlawful acts will never be overlooked or go unpunished.

Information on SR-22 That You Need To Know

If you find your driver’s license getting suspended or revoked, chances are your state may require you to purchase SR-22 in order to retain your driving privileges. Aside from license revocation, there are other reasons you will be asked to get SR-22. According to the website of Habush Habush & Rottier S.C. ®, most DMV offices will require certification that a high risk driver has insurance coverage.

However, calling SR-22 as insurance is a misnomer because it is not. It is simply a proof or certificate that you are insured. Such certification will be required with the following scenarios:

  • You have been charged with DUI/DWI
  • You were caught driving without insurance
  • You have accumulated a large number of points on your driving record
  • You were unable to maintain the mandatory insurance coverage required by your state

However, you cannot get the SR-22 certificate on your own. You have to inform your insurance provider that you need one. As a result, the SR-22 can change your insurance risk factor to high. Unfortunately, your current carrier may not file the SR-22 on your behalf because you are a high-risk driver. This means that you will have to get one from a new insurance company.

Here are some points you need to remember when carrying SR-22:

  • You should carry both the SR-22 and insurance policy for a period of three years
  • If your insurance lapses, the law requires your provider to inform the Department of Motor Vehicle in your state. Your license will remain suspended until your insurance has been reinstated
  • Once you fulfilled your SR-22 obligation, your SR-22 status will be removed

Take note that if you commit another violation or get another traffic ticket, your SR-22 may require a longer validity period. However, if you are able to remain without violation or incidents, you may be able to buy car insurance with a traditional rate.

Thousands of Different Products Continue to Cause Harm to Americans

In 2005, the National Electronic Injury Surveillance System of the U.S. Consumer Product Safety Commission (CPSC) reported 202,300 injuries and 20 deaths involving children 15 years old and below. These injuries and death are all toy-related.

Instead of decreasing, however, toy-related injuries only increased (and still continues to increase) every year. Thus, in 2011, the number of children who were treated in emergency departments due to a toy-related injury shot up to more than three million.

The most common causes of injuries and deaths among children are falls (from riding toys and non-powered scooters), suffocation, drowning, poisoning, and choking (which frequently happens to children under the age of three). While the ones at the highest risk of being injured are children below the age of five, all children are essentially unsafe if they are not properly supervised by adults. Parents and other adults should, therefore, understand their responsibility in making sure that children are taught how to use toys properly so that injuries, which usually happen to the head, face, eyes, neck and other sensitive parts of the body, may be avoided.

Injuries caused by toys, like bruises, lacerations, fractures, choking and poisoning are usually either immediately obvious or have symptoms that are easily noticeable; some products, however, despite being either equally harmful or more harmful than toys, have effects that become manifest only after some time, when the damage they have caused inside the body is already widespread or injurious enough for the body to still fight it off. These products are the food we eat and these affect not only children, but adults as well. These foods contain additives and genetically-engineered ingredients, which have already been banned in other countries, but continue to be sold and used in the US.

One instance of food poisoning that occurred in 2011 was the listeriosis outbreak. Its effect was immediate, causing infection in 146 people, 30 deaths and 1 miscarriage – all those affected were from 28 different states.

The ingredients, which so many other countries have already banned, include:

  • Artificial food dyes – found in medicines, candies, cakes, soda, sports drinks, macaroni and cheese
  • Fat substitute Olestra – used in French fries, corn chips and fat-free potato chips
  • Brominated vegetable oil (BVO) – found in citrus-flavored sodas and sports drinks (bromine is a poisonous chemical that is linked to birth defects, hearing loss, schizophrenia, growth problems and major organ system damage)
  • Potassium bromate (or brominanted flour) – found in flat breads, bagel chips, bread crumbs, rolls and wraps
  • Azodicarbonamide – used in packaged baked goods, boxed pasta mixes, frozen dinners and breads
  • BHA (butylated hydroxyanisole) and BHT (butylated hydroxytoluene) – found in dehydrated potatoes, meat, butter, gum, nut mixes and cereal
  • rBGH (bovine growth hormone) and rBST (Bovine somatotropin) – found in milk and dairy products
  • Arsenic – used in animal feed, especially for chickens, turkeys and hogs, to make meat look pinker and fresher
  • Trans fats – used also in French fries, microwave popcorn, crispy crackers and moist bakery muffins. Advertised as a heart-friendly replacement for butter, coconut oil and lard, in reality, however, this cheap but doubly harmful product than saturated fat is the cause of 30,000 to 100,000 untimely heart disease deaths every year.

In the website of Williams Kherkher, the firm explains how, despite the monitoring and threats of product recall issued by the Consumer Product Safety Commission and the restrictions imposed on manufacturing companies to ensure that they create products that are safe for consumers, thousands of products remain to be defective and harmful to their users.

What Counts as Nursing Home Abuse?

Abuse is no laughing matter as anyone could tell you but there is a very distinct image that comes to mind when abuse is mentioned. There’s the black eyes, the split lips, and the bruises all over – these are the most prominent and obvious signs of abuse. Though these are very important issues that need to be tackled with sensitivity, it is dangerous to think that only physical abuse can count as abuse.

Take, for example, the situations that constitute as nursing home abuse.

As a rule, nursing homes are expected to perform and deliver their services with a certain standard of care. If they fall below these standards, those in their care may be able to file for legal action on the grounds of nursing home abuse. Neglect, for one thing, is something that counts as abuse as these elderly folk are in the home in the first place in order to receive care that they themselves (or their surviving kin) are not able to deliver for one reason or another.

According to the website of Habush Habush & Rottier S.C. ®, physical and even sexual abuse is possible within grounds of nursing home abuse as there have been cases where these situations are more than just hypothetical but are actually very, very real. Unlike children or adults in abusive situations, the elderly are arguably the most vulnerable people in the population since they are in their last stages of life, are not in a position to fight back as well as they might have been able to, and should be granted to live the rest of their lives in peace. It is then possible that the elderly admitted into the care of an abusive nursing home may not even know that they are in an abusive situation.

It is then recommended to keep a wary eye at the home wherein you may be admitting a loved one. If you suspect abuse going on within the grounds, it is advisable to contact legal help immediately.

Are There Benefits to Bankruptcy?

Are you struggling with a bad credit history? Made a few financial mistakes in your youth before you understood what financial responsibility meant?

As the cliché says, the first step into solving a problem is to realize that there is one in the first place.

A lot of people who find themselves ashamed to be at the wrong side of the credit war and refuse to admit it; they’ll refuse to answer calls from unknown numbers, they’ll skirt around the issue until they think it goes away, and they’ll wait and wait until it really is too late and the next thing you know, you’re spending the rest of your life in debt.

Nobody wants to live a life like that and so when you realize that you are in a bad place, financially, it may be beneficial for you to consider the pros of certain moves such as filing for bankruptcy. According to the website of Greenway Law, LLC, a lot of people are intimidated or frightened by the prospect of filing of bankruptcy because of how society and media has pinned the word as something like a last, horrible resort.

It is a common misconception to think that bankruptcy is synonymous with failure. Some people who have filed for bankruptcy find that their credit history became better than ever after admitting that bankruptcy was the most advisable move for their given financial situation.

It is a personal decision and there are different variables to consider. Some bankruptcy chapters, for example, are only available to people who are in particular circumstances (i.e. people are required to fulfill the means test in order to see if they are eligible for Chapter 7 Bankruptcy). If it is advisable for your given situation, filing for bankruptcy could be the best way to a fresh start in your credit history that you hadn’t thought possible.

Consult with a bankruptcy lawyer and consider your options and see if bankruptcy is the path for you!

Why Does Content Writing Matter?

You could have the most visually stunning website with a remarkable business strategy. You could know of all the latest trends in the branding and marketing sector. You could invest so much into making sure that your business is at the top of the industry’s game. You could have all of that and more but still lack clients and never develop an identity or a mark in the corporate coliseum; the reason why could boil down to one thing: your content is non-existent or, worse, terrible.

It can be easy to undermine content as something that is more like a spare accessory that can just be picked up from wherever until you figure out the importance of the role that content writing plays in the overall success of your business. According to the website of the online content writers at Kinetic Word, it is the content by which you are ranked in search engines and are thereby found by potential business partners and customers.

Something can be visually pleasing but aesthetics can only last for so long – it is the content by which your clients can get hooked. It is through content that your business and potential clientele build and establish a relationship. A lot of businesses make the mistake of thinking that content writing is something that can be taken for granted and deemed easy because hey, anyone can string together a few words and make a few sentences, right? But it takes a learned, experienced writer who has been in this particular field of the writing industry to understand how to generate content that is beneficial to both the business and the customers in a way that both parties can understand.

Anyone can write, certainly, but it takes a certain amount of skill, practice, and dedication in order to know how to write well and how to write consistently well over a period of time.

Why You Should Be Wary of Mental Illness Medication

In recent years, the advancement of technology and social media has allowed for there to be a rise in awareness of mental illnesses. What people used to think was only harmless cries for attention is now put to light as severe mental conditions.

The brain is just as much part of the body as anything else and it, too, can get sick.

Just as much as any sickness, professionals have been working on medication in order to alleviate those who suffer from this illness. There are different kinds of mental illnesses and different ways to treat them. Yet, for all the raised awareness of these illnesses, some medication that is available on the market right now has had some troubling side effects.

Take, for example, bipolar disorder and Risperdal. According to the website www.williamskherkher.com/practice-areas/defective-pharmaceuticals/risperdal/ this medication is meant to treat those with schizophrenia, bipolar disorder, and autism – yet there have been reports of patients complaining of the side effects like gynecomastia, diabetes, pancreatitis, bone loss, etc. It is difficult enough as it is to deal with the battle against mental illness and it can only be made more torturous by medication that adds to the already existing illness.

Being wary of medication aimed to treat mental illness is a precautionary measure. Not every drug advertised can be certified to do what it promises. It is advisable, then, to consult with the opinions of several professionals instead of just one physician alone.

Before you take any sort of medication, know that it is well within your rights to ask of the potential side effects before you consume it. Meanwhile, these side effects were not known to the people who had taken Risperdal and therefore, it is grounds enough to constitute legal action against the manufacturers of this drug in order to receive sufficient compensation that answers as justice for the great harm that the drug caused instead of healed.

Can Personal Injury Affect Me Psychologically?

Many people who suffer from psychological disorders such as clinical depression or Post-traumatic Stress Disorder (PTSD) have a precise moment in their lives that they can pinpoint as the primary cause of the disorder. While, for some, it can be difficult to place due to mental conditioning – as is the case for certain situations like abuse. All the while, some of the worst scars that a tragic incident can cause are the ones that people don’t regularly see.

According to the website of the Baton Rouge personal injury attorneys with the Cazayoux Ewing Law Firm, coping with the aftermath of a personal injury can mean more than just a simple recovery period for the physical injuries. Some injuries, even, can leave long lasting damage such as permanent disability. Can you imagine being a person with an active lifestyle – lots of travel and adventure and plans for the future – and then because of one accident, they’re turned into a quadriplegic and paralyzed from the neck down?

Physical injuries that have these kinds of debilitating effects can cause psychological distress that can lead to thoughts of suicide. Some people, if their physical damage was relatively minimal and were able to recover after a given period of time, are haunted by the accident can experience enhanced sensitivity to seemingly ordinary things and can become triggered into a panic by anything that reminds them of the accident because it makes them feel unsafe and forces them to relive the feelings of that moment.

Personal injury accounts for more than just the physical injury but the mental and emotional ones as well, as is in accordance to what is stated on the website of Ravid and Associates. It can be difficult and dangerous to just make someone fend for themselves after a traumatizing incident without them being able to find healthy ways to cope with mental and emotional injury of this kind like therapy and proper medication.