Dangers in and Around Pools

Premises liability is one of the many areas of personal injury law. It concerns itself with the responsibilities of property owners to ensure the safety of their land, and anything that happens within its perimeters. Because of the complexity of premises liability laws, the website of the Habush Habush & Rottier S.C.® says that it wise to consult or hire a personal injury lawyer in order to understand your rights and protect them. Those who have been injured while on another person’s premises can be eligible for damages that would help cover for medical bills, pain and suffering, and even punitive damages.

Common injuries in premises liability claims are burns, and broken bones. Although serious, if treated properly the damage can be prevented. Cases of drowning, however, can be serious or fatal. Pools fall under the same laws of premises liability and the same laws can still apply, but it is important to note that the state determines liability according to degrees of cared the owner owes to the injured and the type of “entrant” the injured person is. Public pools, for instance, are responsible for the safety of their paying patrons which are classified as “invitees.” Pool owners are the ones who are tasked with maintaining and repairing the pool and surrounding areas to ensure the invitees are safe.

In cases of private pools, the guests are classified as “licensees”. It is the duty of the pool owner to warn the licensees of the hazards that they may encounter which may not be apparent to them. For “trespassers” in the property, the pool owner does not have the duty of care except if the trespasser is a child. The pool owner, however, should refrain from causing intentional harm to the trespasser. Just as with any personal injury claims, it is important to establish negligence on the part of the pool owner to ensure a strong case. The injured party should be able to prove fault of their personal injury or premises liability claim and provide evidence that the negligence of the pool owner was the direct cause of the injury regardless of whether the injured party is an invitee or a licensee. Because there are certain obvious risks that are within the premises (such as wet surfaces which could cause slip and fall accidents) which could protect the pool owner from liability. If you are a personal injury lawyer, a pool owner will only be held liable for the damages or injuries sustained within their property if the injury was directly due to negligent or intentional behavior while in or around the pool.

Maintaining a Sexual Relationship in a Long Marriage

Sex is a crucial part of a marriage, and as time passes the need to stay closer can be made difficult as both partners grow older. Regardless of age, having a healthy sex life is what can make a relationship more fun and enjoyable, however there are many factors that can affect sexuality in later years of marriage. It is important to understand what these factors are and how they can affect the sexual desires of older, married couples.

It has long been established that normal aging affects the sexual drive in men and women. Certain disease, illnesses, prescription medicines, and even surgeries can change your body’s ability to experience and enjoy sex. Despite many research and studies that correlate old age and lower libido, majority of the partners take this checked-out sexuality personally, and this often causes issues in the relationship. Kathleen Snyder states that lower libido and unsatisfying sex can be a major factor in marital conflicts and divorce. Many couples often blame themselves or their partners when they don’t enjoy sex. This is not a good move: it may cause depression or create insecurities and distress that can destroy the relationship.

It is highly suggested that having an open communication regarding sex in your marriage can help in easing out the issue of lower libido. A lower libido in old age can be treated with a variety of treatment addressing the underlying issue, whether it is medication, hormones, surgery, disease or illness, or an internal problem in your relationship. Because sexuality is a delicate balance of physical and emotional concern, how you feel can greatly affect how you are able to perform sex. Talk with your partner regarding the changes in order to help each other understand what you are both going through. Consult with your doctor to help determine the cause of the lower libido and see what you can do to combat it. And, you can consider going to a therapist for counseling to talk about sex problems, as they may help in making you understand how to overcome your struggles and bring you even closer together.

Injuries from Fire and Explosions

Explosions and fire accidents can happen anywhere at any time, because the causes of these accidents are often varied that each type of explosion and fire needs a specific type of prevention and mediation. Explosions, in particular, causes devastating injuries and it can be especially dangerous if it occurs in the home. Household explosions and fires lead the residential property type for death caused by explosions and fires. According to US fire statistics, the major cause of household explosions and fires is cooking, followed by home heating, and then unintentional or careless behaviors.

There are many ways that a household explosion and fire accident can be prevented. Safety measures such as keeping inflammable products away from any source of heat and storing them (together with matches and lighters) away from children’s reach. Because explosion and fire accident claims are also a matter of proving negligence, evidence of negligence from another party (such as concerns of defective products, premises liabilities, or simple human error) is the key in winning a personal injury claim. Injuries and damages from an explosion or fire accident tend to be of high consequence to the victim, causing financial, physical and possibly emotional strains. Compensation is necessary in order to pay for the medical expenses, lost wages, repairs for the property damage, and other expenses.

As explained on the website of Habush Habush & Rottier SC ®, explosion and fire accidents claims can fall under both the state and federal laws and regulations. It is important to first determine the cause of the explosion in order to discover whether a possible injury claim can be filed. Many explosions and fire accidents are due to human mistakes and corporate neglect. It may be necessary to employ the help of highly specialized experts, and these can be a daunting task. It is very important to find a lawyer who specializes in explosion injuries since they are the ones who have the experience, resources, and people who will invest their time and energy to effectively investigate and seek an injury claim.

Marital Rape

Rape is considered illegal in all states of the US, and in 1993 all 50 US states and the District of Columbia have executed laws that prohibit marital rape. Rape is legally defined as any act of non-consensual sexual intercourse, and all state recognize marital rape is a crime, and the penalties are the same as those with rape in non-spouses. The main problem that usually happens in marital rape is that it is generally harder to prove that the rape was non-consensual as compared to rape that happens between two strangers.

There is not much difference between states when it comes to marital rape and its penalties. In the state of Wisconsin, for example, the penalties include (but are not limited to) fines, incarceration, and probation. This swill all depend on how the rape charges are classified and the degree of the charges. The maximum penalties for marital rape can depend on certain factors that each court would look into. Because each case is its own, once charged with marital rape it is important to immediately contact a criminal lawyer. As the website of Kohler Hart Powell, SC states, there are numerous possible defenses that can be used to ensure that the charges will not cause too much burden in your life, and it is vital for the lawyer to know important facts about the case; the more information about your case that your can provide and the more skilled your lawyer is, the higher your chances of possibly reducing the charges or penalties. A transparent relationship with your lawyer can go a long way.

On the state of California, on the other hand, the crime of marital rape has four categories or degrees classified based on the severity and the circumstances. Although it is not impossible to get a conviction, a spouse can have a difficult time proving the rape sexual act occurred without their consent, particularly when they are living together with the accused partner. The website of Horst Law informs that the heaviest penalty for marital rape (in the first degree) is imprisonment of up to 60 years. This heavy burden can be relieved or prevented through an experienced local lawyer who understands how the state laws would affect your case and knows how to go about it.

Failure to Diagnose Cancer

A number of medical malpractice cases are due to claims of failure to diagnose. Failure to diagnose may not often result to serious injuries, in cases such as cancer (where the survival rate is very low in majority of the cases), failure to diagnose can mean life of death. The main factor in treating cancer is the early detection of the condition, and if the doctor have failed to properly detect the cancer then they may be liable for a medical malpractice lawsuit. In order to have solid grounds for a medical malpractice lawsuit, you (as the plaintiff) should be able to prove that the negligence of the doctor (the defendant) or their failure to diagnose the cancer in a timely manner was the reason for the progression of the injury that was otherwise preventable.

Just as with any medical malpractice lawsuits, it is important for the plaintiff to establish the defendants’ failure to practice the standard of care expected from them, and this may call for testimonies from other medical professionals and their opinion on whether the defendant’s actions (or inactions) were what any reasonable doctor would have also done. It is the breach of the standard of care adopted by medical professionals for a particular health condition or illness. Some factors can affect how this standard of care is given.

Because medicine, despite is advances, it still not an exact science, it may be difficult to win a medical malpractice case. The website of Crowe & Mulvey LLP says strong evidence and expert witness testimonials would help ensure that the defendant’s negligence was the cause of the progression of the condition, and that the standard of care was not properly given to the patient. Having the right type of lawyers who knows how personal injury and medical malpractice laws work is also key in winning the case. Make sure to find a not only a local lawyer but also an experienced one, since state laws can vary.