Pet food recalls have been increasingly on the rise, so much so that many people are starting to become concerned about what they are feeding their pets.

According to WJLA News, there have been recalls of at least 40 different treat types and pet foods so far this year. One widespread recall involved dog food that had pentobarbital in it, a drug that is used to euthanize animals. Three different canned dog food brands contained this deadly drug, and the company that is linked to those brands is now facing several lawsuits.

One such lawsuit has been filed by a family who had one dog die and four other dogs fall ill after the animals ate food made by Evanger’s Dog and Cat Food Co Inc. Their manufacturing company, Nutripack, LLC, is also a defendant in that case. The lawsuit filed states that companies knew their food was not fit for human consumption nor inspected by the United States Department of Agriculture (USDA). The Food and Drug Administration (FDA) did investigate the dog food from these companies, uncovering the presence of pentobarbital. In the course of that testing, the agency also discovered that the tainted food contained horse meat and that none of the company’s suppliers were ever inspected by the USDA.

Evanger’s Dog and Cat Food Co Inc. sells dog food under its own name, under the “Against the Grain” label, and privately labels food for other brands, including “Party Animal,” which was also part of the recall. As a result, Party Animal has filed a lawsuit against Evanger’s and is seeking $20 million in damages.

Unfortunately, the last decade has seen many pet food recalls, one of which was among the largest in consumer history. In 2007, there was a recall of pet foods from several major brands because of the use of gluten tainted by the chemical melamine by a large supplier. As reported by Reuters, the FDA received more than 8,000 reports of sick animals or animal deaths from pet owners related to the recalled brands. Melamine is used for fertilizer in Asia, but it is not allowed in pet food in the US because it is known to cause illness and kidney failure in animals.

Harmful ingredients is not the only issue consumers have been struggling with in the pet food industry, as there have also been many instances of misleading labeling practices. In 2016, the St. Louis Post-Dispatch reports there was a $32 million class action settlement from Blue Buffalo over its labels. The Blue Buffalo dog and cat food items stated the food contained no poultry by product, but it was found in tested food samples from the brand. In that case, the pet food company maintained it was the fault of their supplier, who they alleged defrauded them.

Losing a pet to a tainted product is a heartbreaking and preventable death in a family. If your family has been impacted by a tainted or unsafe product, speak to an experienced product liability and negligence lawyer Denver CO relies on today.

Thanks to our friends from Richard J. Banta, pc for their insight into product liability and negligence cases.

Car insurance policies provide several different types of coverage that will pay medical bills. The two main sources of coverage are 1) specific medical payment coverage in the insurance policy for the car in which the injured person was occupying; and 2) the liability coverage for person who was liable for the accident.

In most states, a car owner as part of his car insurance coverage can buy insurance that will pay the medical bills for the treatment of injuries suffered by an occupant of the insured car in a wreck. This coverage is often called “MedPay.” This insurance is not mandatory. And the per person/per accident coverage limits can range from as low as $2,000 to as high as $50,000 or even greater. MedPay will pay those medical bills regardless of who was at fault for the accident. MedPay is what is known as primary coverage, which means that even if Medicare, Medicaid, or group health insurance initially paid the bills, MedPay must still pay the bills, while the insurance company that initially paid the bills will be reimbursed.

If the person was injured in a car wreck as a result of the negligence of another, then the injured person has an additional source of insurance coverage to pay his medical bills. This insurance is called liability coverage and all automobiles are required to have it. Each state requires a minimum dollar amount of coverage. In Virginia, the minimum limits of coverage are $25,000 per person/per accident. This insurance pays an amount to the injured person equal to the damage caused by a negligent driver of the automobile to the injured person, including any medical bills. This is true even if the bills have already been paid by MedPay or other insurance. The injured person will receive this amount if and when he receives a judgment against the negligent driver, or the negligent driver’s car insurance company reaches a settlement of the injury person’s liability claim with the injured person.

In most states, if the injured person’s medical bills were paid by MedPay (or other insurance) and the injured person then received a settlement or judgment against the driver who negligently injured him that included a payment equal to the total of the medical bills, the injured person is required to reimburse the MedPay insurance carrier out of those proceeds for the amount of the MedPay payment. This right of reimbursement is known as the right of subrogation, as skilled Abingdon Virginia car accident lawyers trust. However, Virginia and some other states have enacted what are called anti-subrogation laws. Under those laws, the MedPay insurance company has no right of reimbursement.

Thanks to our friends from The Law Offices of Mark T. Hurt for their insight into car accident cases.

Unfortunately, many people are injured every year in car accidents caused by negligent driving. If you, or a loved one, has been injured in just such an accident, you need to know your rights.

NEGLIGENCE

Every state defines within its laws what exactly negligence means. However, a simple definition is: When a person fails to do something he or she should have done. In the context of car accidents that usually means the driver failed to prevent an accident that should have been preventable.

WHAT TO LOOK FOR

Attorneys, like a personal injury lawyer trusts, look for certain indicators of negligence. If you know any of these signs were present before or after your accident, make sure you get legal advice.

Excessive speed. There are speed limits and these limits are posted for a reason. Road conditions mean that only some speeds are safe. If the other driver was driving too fast then he or she may not have allowed themselves sufficient reaction time to avoid an accident.
Road rage. Tailgating, cutting off drivers, yelling at drivers and other hostile actions are clear indicators of a driver who is not only NOT paying attention to the road and dangers, but may actively be causing dangers himself/herself.
Distracted drivers. We all know the dangers of texting while driving. But there are other distractions that can be just as dangerous: talking on the phone, setting GPS, eating, looking for items in the glove box or on the floor, talking with passengers, eating or anything else that causes you to divide your attention. I was almost T-boned once by a driver who had a whole newspaper spread out across the steering wheel.
Intoxication. Drinking and driving certainly do not mix. Drugs and driving do not mix. But some people may not be aware, or may ignore, that prescriptions and driving often do not mix. Until you know how your medications affect you, do not drive. If they ever cause you symptoms such as lethargy or distractedness, then for driving purposes, assume they always cause such symptoms.
Faulty equipment. If you know your vehicle has faulty equipment, such as bad brakes, you could be negligent in choosing to drive it. You could be negligent if you drive a vehicle without first ensuring that it is safe to drive. So, always keep your vehicles well maintained.

Hopefully you and your loved ones will never be in an accident. This information should help you to avoid being a danger to others and help you be a better defensive driver when others are causing driving hazards. And if you are ever in a wreck, look for the above signs that the other driver was being negligent and let you attorney know.

Dallas News reports that distracted driving is on the rise, alongside accidents on the nation’s roads. The US Department of Transportation’s data shows in that in 2011, there were about 5.3 million accidents, and the figure jumped to close to 6.3 million accidents for 2015. While the accident rate increase has more than one cause, a primary factor that is worrying safety advocates is driving while distracted. A recent Harris poll that was carried out for NerdWallet seems to support this concern completely.

According to the Harris poll, about 67 percent of Americans have driven in the last year while using a cellphone. It’s worth noting that 14 percent of all fatal crashes with distracted driving as a factor involved mobile phone use in 2015, according to the US Department of Transportation’s data.

Among the people who admitted to using their phone in the poll, 38 percent said they texted while they drove, and 13 percent said they almost went off the road, weaved in and out of lanes and nearly had an accident or did have an accident.

In addition to cell phone use while driving, 62 percent of respondents said they were distracted by things beside a cellphone while driving over the last year. The leading category by far in this section was eating, with 58 percent saying they did it, followed by 10 percent of drivers admitting to grooming while driving. Caring for a child in the backseat accounted for 9 percent, while laptop use made up 7 percent. Changing clothes came in at 5 percent, and drinking alcohol clocked in at 4 percent. Other reported distractions included reading, putting feet outside of the car while using cruise control, and playing an instrument.

While it appears likely that the rise in electronic use will continue to be a problem on the roads, the tech sector is now taking some proactive measures when it comes to curbing distracted driving. As reported by Tech Radar, the new operating system for Apple devices coming this fall, iOS 11, has a feature that will detect when someone is driving and silence all notifications. Users can even set it so that their Apple device sends an automatic text message response to incoming messages that indicates they are currently driving.

Smartphone apps that help people avoid distracted driving are also available for many devices. SafeDrive, for example, lets safe drivers earn points to use to discounts on services and products. AT&T’s DriveMode silences alerts and sends auto-replies to messages received on a driver’s phone. For parents with teen drivers, there’s LifeSaver, an app that locks the phone when the teen is driving and sends automatic messages when he or she has arrived at the destination. This app is also available for businesses that have fleet vehicles.

Distracted driving has resulted in minor, major and fatal accidents all over the country. If you’ve been injured because of a distracted driver, speak to an experienced auto and motorcycle accident lawyer Denver CO trusts as soon as possible about all of your rights.

Thanks to our friends and contributors from Richard J. Banta, pc for their insight into distracted driving.

Self-driving cars are not commonplace at this juncture in time. Nonetheless, the number of self-driving cars on U.S. roadways is beginning to increase. As the number of self-driving cars on roadways grows, accidents involving these vehicles will become more common as well. There will likely be an increase in the number of self-driving cars that cause fatal accidents.

If you have lost a family member in an accident involving a self-driving car, you need to understand your legal rights and appreciate the necessity of retaining the services of skilled, experienced wrongful death lawyer.

Determining Liability in a Self-Driving Car Accident Case

A primary element of a wrongful death case is ascertaining who is responsible for the accident. When it comes to a self-driving car fatal accident, a number of parties may be responsible for the event.

Examples of parties who may be held responsible legally for a self-driving accident include the designer of the vehicle. Another responsible party may be the manufacturer of the car. A parts manufacturer may also be deemed responsible for causing a self-driving vehicle accident if a specific part of the car malfunctioned.

The owner of the self-driving car may be deemed responsible for an accident, as might the individual in the “driver’s seat” in the vehicle. Although the vehicle is autonomous, these cars include override systems that can be activated, when necessary, by an individual positioned in what would traditionally be the driver’s seat.

The Elements of Establishing Legal Liability in a Wrongful Death Case

There are four primary elements underpinning a successful wrongful death claim, including one involving a self-driving car. First, a duty of care must exist. In this case, the operator of a self-driving vehicle must operate it in a reasonably safe manner.

Second, the duty of care must be breached. Running a red light in a self-driving car would represent a breach of the duty of care. Third, the conduct must be the actual and legal cause of the accident. Finally, a person pursuing a claim involving a self-driving car must sustain actual injuries. In the alternative, a death must have occurred as a result of the accident.

Compensation in a Self-Driving Car Wrongful Death Accident

The compensation potentially awarded in a wrongful death case arising from an accident involving an autonomous car depends on the circumstances surrounding the accident. The relationship between the deceased individual and a family member making a wrongful death claim also comes into play.

Examples of losses and damages that are compensable in a wrongful death case can include final medical bills, funeral and burial expenses, property damage, mental anguish and emotional distress, and lost income or financial support.

In some cases, punitive or exemplary damages may be awarded in a wrongful death case. These represent additional compensation awarded in a wrongful death case. Punitive or exemplary damages are awarded if the conduct of the party causing an accident is determined to be particularly egregious or reckless.

Understanding that very few accidents occur involving self-driving cars at this juncture in time, personal injury lawyer Milwaukee WI trusts work more frequently with clients who have sustained injuries in accident involving traditional motor vehicles. The same holds true for wrongful death cases.

Thanks to our friends and contributors from Hickey & Turim, S.C. for their insight into car accident and personal injury practice.

Millions of people of all ages across the United States participate in a wide range of sports. Many of these individuals are involved in one or more types of sports leagues. Some of the most popular are football, basketball, baseball, and lacrosse.

If you are a participant in say a sports league or lacrosse camps athletes favor and have sustained an injury while playing, you may have some questions about compensation for your medical costs. Specifically, you might want to know how to file a personal injury claim against a party you believe was responsible for the accident which caused your injuries.

It’s important to understand your legal rights before you begin pursuing a personal injury claim. This includes understanding the potential benefits of working with a skilled and experienced personal injury lawyer.

Preparation for Filing a Claim with an Insurance Company

Before you submit a claim to the appropriate insurance company, there are crucial steps that must be taken.

You should make every effort to appropriately document the accident scene and your injuries. Documenting the accident scene ideally includes taking photos or making a video of the accident itself. For example, if you were injured playing league basketball, you should photograph or make a video of the area of the court in which the accident occurred, including any defects in the court surface that may have contributed to the accident. In addition, you should obtain images of the injuries you sustained.
You also need to obtain the names and contact information for any witnesses of the accident. If possible, obtain a concise statement from any witness to the accident. Have them date and sign the statement.
Before filing a claim for damages, you need to obtain a thorough evaluation of your injuries from a reputable healthcare provider. For health reasons, it’s important to get medical care and treatment for your sports league-related accident. For your accident claim, it’s important to get written documentation of that care from your attending physician. Be sure the documentation specifies the nature and extent of your injuries.

Taking on an Insurance Company

One you complete the preliminary steps associated with pursuing a claim for damages, you are in a position to file an actual claim for damages or compensation with an insurance company. You need to make sure you are aware of any claim filing deadlines established by the insurance company, within the insurance policy, and state laws.

The insurance company will require you to fill out a claim form that they will supply to you. Take extreme care in completing the claim form. If you work with a personal injury lawyer, they should review the form for errors and omissions.
The insurance company will likely want to interview you, typically very soon after the accident. The goal of the insurance company will be to try to elicit statements from you that result in limiting your compensation, or denying your claim.

The manner in which insurance companies deal with claims and injured people underscores the benefits of immediately after the accident retaining legal counsel. Very often, the presence of legal counsel increases the odds of a fair and comprehensive settlement.

At your request, a personal injury attorney can schedule an initial consultation with you. During that consultation, you can obtain a thorough evaluation of your case. If the lawyer agrees to take your case, the evaluation might include an analysis of possible strategies intended to optimize potential compensation in your case.

If you are like most people, you regularly use of some type of sunscreen. If you are like a smaller number of individuals, you may have suffered a serious allergic reaction to a sunscreen you have used. In the aftermath of an allergic reaction to sunscreen, you may be wondering whether or not you can pursue a personal injury case against the manufacturer.

The Basis for Liability in a Personal Injury Case

If you have suffered injuries due to an allergic reaction caused by a sunscreen, you may have what is called a products liability case. A products liability case is a type of personal injury claim. There are four elements that must be in place to successfully make a personal injury claim.

First, you must establish what is known as a duty of care. In the case of sunscreen, the manufacturer of the product has a duty of care that requires its product to be reasonably safe for use. The manufacturer also has a duty to disclosed any possible negative consequences that can arise from the use of the sunscreen.

Second, you must demonstrate that there has been a breach of the duty of care. An example of a breach of a duty of care in the sunscreen case could involve the proper disclosure of a potential issue with the product. If the manufacturer knew that the sunscreen could cause an allergic reaction and failed to properly disclose the fact, that could be considered a breach of the duty of care.

Third, the breach of the duty of care must be what is called the proximate cause of the accident and injury in question. This means that the breach of the duty of care must be the legal and factual cause of the accident and your injuries. In other words, you did not know of the potential of the allergic reaction because the manufacturer did not disclose it. You used the product and you suffered an allergic reaction.

Finally, you must suffer actual injuries, damages, or losses because of the breach of the duty of care. In this case, you need to demonstrate that you had an adverse reaction when you used the product. As an aside, you need to bear in mind that a sunscreen with natural ingredients is less likely to cause an allergic reaction.

Who is Responsible for Your Injuries

Products liability governs who is responsible for the injuries you sustained. Products liability determines who in the chain of manufacturing is responsible for an accident and associated injuries.

In the case of sunscreen that caused an allergic reaction, the manufacturer is a likely responsible party. You need to keep in mind that the store that sold you the product might also be a responsible party. The store has a duty to sell you safe products.

Compensation in a Sunscreen Personal Injury Lawsuit

Potential compensation in a sunscreen personal injury case depends on the facts surrounding the injuries you sustained. With that in mind, there are certain injuries, damages, and losses that oftentimes result in a compensation in a successful sunscreen personal injury case. These include compensation for medical bills and expenses, pain and suffering, mental anguish and emotional distress, and lost wages.

Retain Legal Representation in a Sunscreen Personal Injury Case

You can protect your legal rights and interests in a case involving an allergic reaction to sunscreen by retaining the services of a skilled experienced personal injury lawyer. The first step in retaining legal counsel is scheduling an initial consultation. As a general rule, a personal injury lawyer does not charge a fee for the initial consultation.

Court Reporter

Depositions typically take place at an attorney’s office with the assistance of reporter, like a court reporter, and are usually several hours. During a deposition, an attorney will ask you several different questions about a legal case. A deposition will help the attorney understand the case better and prepare for trial. What you say during a deposition is very important, so you should listen to each questions carefully and provide honest and detailed answers.

If you have to give a sworn testimony soon, you may feel pretty nervous. Just about everyone feels apprehensive about providing depositions. However, if you prepare yourself for the deposition, things will go a lot smoother.

How to Prepare for a Deposition

If you have any questions or concerns before a deposition, do not hesitate to bring them up to your lawyer. He or she can explain the process more thoroughly so that you know what to expect. Your lawyer may even bring up questions that will be brought up at the deposition.

No matter what, you should always provide accurate and truthful answers to the questions you are asked during a deposition. Keep your answers brief and do not offer up information beyond the scope of the questions. If you do not understand a question, do not be afraid to ask for clarification. If you don’t know the answer to a question or can’t remember something, say so. You never want to make any information up during a deposition.

Try to be as calm as possible during your deposition. The more relaxed you are, the easier the process will be. If you start to feel overwhelmed or tired, don’t hesitate to ask for a break. You can take a few minutes to get a drink of water and compose yourself.

Giving a testimony may seem scary at first, but it is not so bad. It will be over before you know it. Just make sure to answer each question truthfully and do not be afraid to speak up if you don’t understand something.

It may be in your best interest to hire a lawyer to guide you through the deposition process and protect your rights. He or she will attend the deposition with you and make sure that you are not asked any illegal questions. Having a knowledgeable and experienced lawyer on your side might make you feel a lot better about the situation.

In the last thirty years, all the way across the country, states have been enforcing seat belt laws to assist with bringing down traffic fatalities. But are seat belts really that important, or do they contribute to more injuries than they prevent?

Seat Belt Legislation

Seat belt laws began in 1968 with a federal law mandating that vehicles be equipped with seat belts (except for buses). Use of the seat belts was still voluntary in all 50 states, however, until New York State began requiring residents to wear seat belts in 1984. Younger people will consider seat belts to be a given when riding in a car, but some older people still forget to put their seat belts on from time to time.

As of 2017, New Hampshire is the only state that does not require occupants to wear their seat belts. In many states (18 out of 50), not wearing your seat belt is considered a secondary violation — meaning that you might only receive a ticket if you are in the process of a moving violation, e.g., a primary violation. The CDC has recommended that states begin to treat all seat belt refusal as a primary violation in order to lower the death toll.

The Statistics

Though most of us are doing what we can to bring down the fatalities, motor vehicle crashes are still one of the leading causes of death for those under 30. According to the CDC, in 2009, 33,000 people died and 2.2 million more were injured in motor vehicle accidents. Most individual who die in these crashes were not wearing their seat belts at the time of the crash: over half of all drivers and passengers who died in 2009 were not wearing their seat belts.

On average, seat belts lower your risk of death by 45%, and your risk of injury by 50%. Most notably, they protect drivers and passengers from vehicle ejection. In fact, if you are not wearing your seat belt, you are 30 times more likely to be ejected from a car in a crash.

Seat Belts and Injuries

There are, however, risks of abdominal and chest injuries from seat belts. It is important that you sit in the correct position and use your belt correctly to avoid needless injuries. Some people may argue against seat belts because of these injuries, there’s no doubt that the injuries would be much worse without the seat belts. In the event of an accident, a seat belt that works properly can still cause brush burns, bruising, and lacerations.

When terrible things like car accidents happen, we are often very stressed and worried. Even a safety mechanism like a seat belt can cause harm while still being effective and important. If you’ve been injured in a car accident, a personal injury lawyer Milwaukee WI trusts might advise you to seek compensation for all of your injuries, including those that result from using a seat belt.

Thanks to our friends and contributors from Hickey & Turim, S.C. for their insight into car accident and personal injury cases.

Category: Uncategorized

The Advantages of Settling a Personal Injury Claim Out of Court

Tainted Dog Food Leads to a Massive Lawsuit

Will Car Insurance Cover Medical Bills?

How is negligence defined?

Poll Reveals Distressing Rise in Distracted Driving

If a Self-Driving Car Causes a Fatal Accident, Who’s Responsible?

Sports League Injuries: How to File a Personal Injury Claim

Allergic Reaction to Sunscreen – Do I Have a Personal Injury Case?

The Legal Do’s and Don’ts of Depositions

Court Reporter

How to Prepare for a Deposition

How Important Are Seat Belts?