The Tenets of Workplace Negligence Claims

Employer negligence, especially in the workplace, is one of the leading causes of personal injury and worker’s compensation claims each year. An employer may be held liable when they are proven to be negligent in supplying the employee the ability to undertake a particular act. Employer negligence has four basic causes of action, namely negligence in hiring, supervision, training, and retention. Negligence claims should present three basic points: (1) there is duty of care from the defendant, (2) this duty of care was breached, and (3) the breach of duty of care caused the injuries of the claimant. In order for the claim to be valid, the injuries should have been deemed “reasonably foreseeable”.

Although it is not legally required for employees to report their negligent co-workers, company policy may still require it. Likewise, it may be necessary and ethical to report the incident and the reckless behavior of the co-worker when it puts other employees at risk. It is essentially every workers responsibility to report anything that can pose as a danger to everyone in the workplace. For many Minnesota workers’ compensation lawyers, such actions do not affect the amount of benefits that will be awarded should the claim be approved.

By law, every worker injured in the workplace or during working hours is entitled for worker’s compensation. This is regardless of whether who caused the accident or injury. However, an employer can be held accountable for the actions of an employee when they were aware of the employee’s negligent behavior and did not take any action to address the problem, which endangered the health and safety of other employees. Third-party claim requires proof of the gross negligence of the employer and the serious injuries that resulted from the incident.

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Avoiding Car Accident Injury

People have been looking into alternative ways of transportation, and among the most common and popular ones are bicycles. In today’s fast-paced world, bicycles have remained a staple in households, and thus have become an environmentally-friendly and healthy option to going from one place to the next. However, with the increasing numbers of cyclists sharing the road with motorists, safety concerns have become a serious consideration.

Bicycles provide little to almost no physical protection to their riders, which can lead to serious or even fatal injuries should they encounter an accident while on the road. According to the website of Habush Habush & Rottier S.C. ®, many personal injury claims have already been filed by cyclists due to accidents caused by the other party. The problem with many of these cases, however, is the evidence to support the claims of the cyclists. The blame is often given to the cyclist despite following road rules, and there are so many things that need to be considered and proven before a cyclist can file a personal injury claim. Aside from following the road rules, the cyclist must also understand the legal rules of liability when it comes to road accidents.

The outcome of a personal injury case depends on two main factors: first, whether the reckless or negligent actions of the driver caused the accident and subsequent injuries of the cyclist, and second, whether the cyclist caused or contributed to the accident. There are states that follow the contributory or comparative negligence rule, where if the cyclist caused or at least contributed to the accident, they may have their compensation reduced or forfeited altogether. The state of Texas is one of those states, and the website of the Horst Law Office emphasizes that any damages that can be recovered can be reduced if the cyclist was 51 or more percent at fault for the accident.

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The Responsibilities of Property Owners

Property owners have the responsibility of ensuring the safety of their property and as well as the people they invite into it. Any accident and resulting injury that occur within the property will make the property owner accountable. This can lead to a premises liability claim, a type of personal injury tort that makes the property owner liable for their negligence in providing a safe environment for their guests.

A property can be dangerous in a number of ways, and for residential properties it is especially important to understand how to properly maintain these properties to avoid accidents. Porch collapse accidents have been happening around the country in increasing numbers, and in many cases the cause of these porch collapses are the negligence of the property owner to maintain the safety on their buildings. Porch collapses are often due to the property owner’s neglect of duty; they are the ones who are responsible for the maintenance and property upkeep.

Although porch collapse incidents typically occur on older, multi-storey buildings, new one can still be susceptible to porch collapse due to weather and poor maintenance. In fact, porch collapse accidents have frequently occurred in the Chicago that an important part of their building inspection goes to checking the safety of porches. It may not seem like a serious threat, but many people have been severely injured due to porch collapse. Massachusetts personal injury attorneys would be quick to point out that such accidents can occur anywhere.

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Sharing Custody of a Child after a Divorce

Co-parenting can be a very difficult thing to do for many divorced parents. One of the big issues that divorced parents often tackle are dealing and upholding the visitation rights. There are cases where the custodial parent, even without any cause, prohibits the non-custodial parent from visiting their child, even for a substantial amount of time. Although many non-custodial parents put up with this practice, there are ways that non-custodial parents can enforce their visitation rights.

According to the website of the BB Law Group, PLLC, a custodial parent can be legally held accountable for refusing the visitation rights of the non-custodial parent. There are two general ways that a custodial parent can withhold the visitation rights of a non-custodial parent: occasionally or consistently. If the visitation schedule is not followed and the custodial parent did not schedule any make-up dates for the missed days, it may be necessary for the non-custodial parent to contact their attorney for assistance. They will be the ones who will get in touch with the custodial parent or their attorney through a letter expressing the unacceptable nature of the interference in the visitation schedule. This will also inform the custodial parent that the issue can be taken to court in order for the visitation rights to be enforced.

If the visitation is withheld on a consistent basis, this is a blatant violation of the court order on the visitation rights of the non-custodial parent. When this happens, the non-custodial parent will have to file a legal petition that will enforce the visitation rights. These petitions can be filed on their own. But it would be better to have an experienced family attorney to handle the petition. It is important for custodial parents to follow court orders regarding visitation rights, as some states can transfer custody rights to the non-custodial parent if the custodial parent consistently refuses visitation from the other parent.

Because it can be an emotionally- charged affair, custody and visitation rights should only be handled by professionals who can help clear up the matter and make sure that everyone’s rights are properly enforced. Parents spending time with their children play an important part in their growth and development, and no one should be allowed to interfere with such rights, especially divorced parents.

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Testamentary Capacity in Probate Cases

In probate law, the legal term for a person’s legal and mental capacity to create or amend a lawful will is called testamentary capacity. It can be grounds for a will contest, where the testator lacked testamentary capacity due to reasons of mental health, such as dementia, insanity, senility, and other reasons for unsoundness of mind that rendered them incapable of making a will. Only a small percent of will are contested, and the burden of proof will fall on the party contesting the legality of the will. This will be through very clear and conclusive evidence did lack the testamentary capacity to make the signed will legal.

In order for a will to be valid, the decedent (deceased who made the will) possessed a mental capacity to understand: (1) the properties he or she owns, (2) the people who will inherit these properties or are the natural beneficiaries, (3) the meaning and purpose of a will and what his disposition is, and (4) the comprehensive plan for property distribution. The importance of the decedent’s testamentary capacity protects the decedent and the beneficiaries who may not get most of the estate due to misunderstood realities or inappropriate influence of anyone care for the decedent when he or she was alive.

The need for a testamentary capacity of the decedent should only be proved during the execution, modification, or revoking of the will. According to the website of Peck Ritchey, LLC, it will be the attorney’s ethical duty to evaluate the testator’s capacity, even without the help of a professional and just relying on their own judgment, because not doing so may make a part or the whole can be nullified. Although it may seem like a very small percent (1-3 percent) of will are contested due to lack of mental capacity, it is still a substantial amount considering the millions of Americans being probated every year.

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