Posted on Tuesday, February 26th, 2019 at 9:36 pm
Every year, there are thousands of cases filed regarding defective product liability. Product liability means that the manufacturer, seller or company is held responsible for the manufacturing and distribution of defective products. An inherent defect in products causes damage to the consumers, consequently becoming the subject to the defective product liability claim. According to product liability law, once this claim is made, the company or manufacturer has to pay for compensation for the damage and loss caused by that defective product.
How a Product is claimed as Defective?
Claims regarding defective products are based on factors such as strict liability, negligence, or violation of warranty of fitness of the product. Although, products are considered tangible things, however, the purview of this claim has expanded to the intangibles, naturals, writings or real estate. This claim can be made against any party involved or relevant to the defective product:
- Assembler or installer
- Manufacturer of other parts of the products
- The Wholesaler
- The retailer or seller of the product
Regardless of the jurisdiction of the party, the plaintiff has to prove that the product is defective. There are three main categories of a defective product which will determine the validity of the claim:
Defect while Manufacturing the Product:
Most often the claims are made under this category. A claim about the defect in a product during manufacturing which has caused an injury to the consumer is appropriate. The product had already a flaw in the making at the factory which caused the damage.
For instance, if there is a bicycle with a weak chain or cracked frame, a defective batch of medicine with a harmful substance, or car with defective airbags or tires. In order to prove such cases, the injury should have occurred due to a manufacturing fault and not the defect that developed later on.
Defects in Designs of the Products:
Defects in design also cause injury and the subsequent claim will be made as the product was inherently hazardous. This claim will not be made given an error or mistake, instead, the whole range of the product is dangerous, regardless of the fact that the defective product was made according to the requirements.
For instance, the airbags do not protect completely, are too thin to absorb the impact of a crash or collision; or a batch of sunglasses which does not protect the eye from ultraviolet rays.
Not Providing Enough Instructions or Warnings:
If a person uses a product and gets injured because there was no sufficient warning regarding the usage of the product, the claim will be made under the category of failure to warn. Such claims arise when a product is dangerous in such a way which is not obvious nor there a warning about the potential danger involved in using it, or the consumer needs to take extra care to use the product and nothing such is mentioned in the instructions.
For instance, an oven is packaged without any sufficient instruction that the surface gets hot after a certain temperature. The injury in such cases must be the consequence of failure to warn.
While facing these claims, the manufacturer may raise the defense that the plaintiff may have altered the product which caused the harm or he or she has not identified the supplier which may have caused harm. In such complicated situations, it is important to hire the services of a competent product liability attorney who can fight to recover your compensation.
Posted on Sunday, February 24th, 2019 at 5:49 pm
Statutes of limitations are imposed in many areas of law. They vary from state to state and may be quite complex, as is certainly the case where they apply to birth injury claims. Basically, when it comes to making a personal injury or medical malpractice claim, the state’s statute of limitations determines when you can no longer make a valid claim. The reasoning behind this is to prevent courts from being clogged up with claims made many years after an event was alleged to have taken place. Although there are exceptions, the longer a claim is made after a supposed event, the less likely it can be proven, making the claim less likely to succeed. This can prolong the claim process which can also prolong the time taken in court if it comes to that.
In most states, personal injury claims made against private individuals or organizations are two to three years after an injury has occurred. The statute of limitations for claims against government entities, like cities, states or the federal government are typically shorter, often as little as 6 months or a year and the claim process is often more complex as well.
Exceptions to the statutes of limitations when an injury or illness is discovered later in life
Most states recognize there are exceptions to the general rules about time limits. For example, if someone works in a particular industry and eventually becomes sick, they may not realize that their sickness resulted from a period working in the industry until much later in life. This is typical for many cancers and diseases like mesothelioma, for example. In these cases, the law generally allows what is called a toll or extension of the statute of limitations so that the claimant can be able to make their claim within a set number of years after the ‘discovery’ of the disease, rather than after the exact point at which the disease occurred. In most cases, this would not be possible anyway s the damage would have been done over a prolonged period of time.
A similar extension of the normal statute of limitations applies to birth injury claims as well. Theoretically, if a birth injury occurs due to the incompetence or poor medical procedures, then the family should be able to make a claim within two years of the birth in Texas. This period may be different in other states. However, that assumes that whatever happened to the baby at birth was immediately obvious. In some cases, the effects of poor procedures may not be apparent until much later in life. There may be no recognition of the effects of a birth injury, for example, until a child becomes a teenager. By that time, the statute of limitations has long passed and without an exception to the statute, it would become impossible for that child to receive compensation from the medical institution responsible for the injury.
Extension of the normal statute of limitations for some birth injury claims
In Texas, the statute is modified to take this into account in a modified version of the ‘discovery’ extension.’ A child has two years after they become 18 to make a birth injury claim a long as the claim is made against a privately owned and run medical facility or against a private individual medical professional.
Claims against a government medical facility
The law is different when it comes to birth injury claims against a government owned or run medical facility or a military hospital run by the federal government. The statute of limitations may be as little as one year after the discovery of the injury to file an administrative claim against the relevant agency.
As the statute of limitations is so important when it comes to making a personal injury claim or medical malpractice claim it is vital that you contact an experienced personal injury attorney as soon as a birth injury or other medical incident is recognized. You can contact a San Antonio Lawyer for professional and dedicated legal help at 833-210-4878.
Posted on Tuesday, January 29th, 2019 at 4:59 am
A premises liability case occurs when a person gets injured on someone else’s property. The owners of the property ensure that their property- building or open space- is secured for the visitors. The owners have a legal responsibility to ensure that property is safe and has taken the safety measures which prevent any harm or damage from occurring to others.
If the owner fails to observe this legal duty and an accident occurs in the result of this, the victim will file a lawsuit for the compensation of sufferings and losses. Accidents such as falls and slips, animal attacks, falling equipment, security lapses, fires, injuries at swimming pools or construction sites etc. are subject to lawsuits.
Criteria for the Premises Liability Case:
In order to file a premises liability case, you need to prove certain things to win the case:
- The defendant is the legal owner of the property: it is important for the plaintiff to prove that the place where the incident occurred is defendants legally owned property.
- The defendant is careless in taking care of the property: the next important thing after determining the ownership, the plaintiff has to prove that the defendant showed negligence in taking care of the property and failed to warn the visitors about the known and possible dangers on the property which was undiscoverable by the visitors on their own. It is very important to prove that the defendant did not provide a safe environment on his or her property and owner’s negligence caused the damage to the victims. This would mean that the defendant had time to remove the dangers but did not or failed to do so.
- The plaintiff suffered the damage or injury: it is of crucial importance that the plaintiff has to prove that he or she was actually injured as the consequence of the defendant’s negligence. This point is proven through the testimony of the plaintiff, doctors or the expert witness(s). These professionals attest the severity of the damage, its reason and the impact on the victim’s life.
Factors that can complicate the Case:
Despite the above-mentioned things are proven there are certain factors that can complicate the premises liability case and can raise several important questions:
- Plaintiff’s Status at the time of the accident: it is important to determine the victim’s status when the accident occurred; was he or she the licensee, an invitee or a trespasser? A licensee is a family member or friend who visits home frequently and receives less protection as compared to the invitees. In the case of invitees, they are supposed to be protected by the host or defendant. The trespasser is not allowed and has the minimum protection in such case.
- Was the plaintiff expecting a danger or hazards within the premises?
- Was the victim in part responsible for the injuries?
If at any stage, the case gets complicated, it is better to seek legal help of a personal injury attorney who can guide the plaintiff or suggest ways to get through such complications.
How to Strengthen Your Case:
Since the can become complicated, there are few ways to strengthen your premises liability case:
- Collect Evidence: it is the responsibility of the plaintiff to prove that the defendant was at fault or negligent. He or she must gather proofs in his or her favors through taking pictures at first place.
- Observe Statue of Limitations: any case within the purview of personal injury has a certain statute of limitation. Once this time period lapses, the claim cannot be made. So it is important to update the law.
- Stay Truthful: Getting caught in lies can prove to be damaging for the plaintiff’s reputation leading to losing the case. So, if at any stage the plaintiff is at fault or is a trespasser, he or she must own the mistake.
California DUI Defense Attorney have dedicated their lives to the craft and stand by your side throughout the entire case, should you have any questions or concerns about the process.
Posted on Monday, January 21st, 2019 at 4:22 pm
Texas is a big state with a highly diversified economy. It has a huge oil and gas industry so it may not be such a surprise to learn that the state has the highest fatality rate for oil well and gas drilling blowouts and explosions. The oil and gas industry is in fact the most dangerous in the U.S. and Texas is the most dangerous state.
The Bureau of Labor Statistics (BLS) keeps records of serious injuries and fatalities according to the type of industry. Their figures may not be completely accurate as some accidents are not recorded for privacy reasons. The oil and gas industry is particularly vulnerable to fire and explosions caused by gas leaks. Although only 1% of American workers are involved in the oil and gas industry nationwide, the number of fatalities caused by fire or explosion is about ten times the average number in any other industry with the exception of firefighting.
To be fair, the actual incidence of serious injuries and fatalities in Texas may not be as bad as other states when the percentage of workers involved in the industry are taken into consideration. In 2013, for instance, it appeared that Texas had three times the number of oil and gas fatalities as North Dakota, another state where the industry is important, but on analysis the figures reveal that when the numbers of workers are taken into account, Texas fatal accidents are less than half that for North Dakota.
Accidents on oil and gas rigs are sometimes simply the result of the inherent danger of the proximity to a highly combustible material, but in many cases accidents are preventable. Workers are often injured or killed because of negligence on the part of the company involved in the operation. Methane explosions are particularly common. In one accident in 2010, for instance, supervisors continued to drill for oil after an old coal mine had been pierced, releasing a cloud of methane. The methane exploded, killing seven oil workers.
Workers not the only ones affected by oil and gas accidents
Oil and gas explosions and fires don’t always just affect workers. If they occur on land in the vicinity of buildings used for homes and offices, then others in the community can be seriously affected after a catastrophic accident. Theoretically, an oil or gas well should not be drilled close to anyone’s home, but the distance may not be far enough for all danger to be avoided. In the 2010 Deepwater Horizon explosion and fire in the Gulf of Mexico, 11 workers died, 17 more were injured and there was also well documented catastrophic damage to the marine environment caused by the subsequent oil spill. The incident remains the U.S.’s worst environmental disaster to date.
Some accidents are caused by ignoring safety procedures. The methane explosion example above was in that category. In other cases, workers may not be sufficiently well trained to do the job they are doing or are not fully trained to follow safety procedures. Adequate supervision may be lacking. In the Deepwater Horizon incident, it was determined that Transocean, the company that was drilling for oil for B.P., had ignored concerns that the well’s blowout preventer was not able to be remotely activated properly in the event that a blowout occurred.
Workers’ comp. or personal injury?
Many Texans and workers from other states are employed in oil and gas wells and are at a higher risk of serious injury than most other workers. In most cases, if an accident causes an injury to an employee, then workers’ compensation should cover the cost of medical treatment, rehabilitation, lost wages and compensation for dependent families in the event of a fatality. Texas is almost unique in the U.S. for not having mandatory workers’ compensation requirements. Many employers in Texas do in fact take out workers’ compensation insurance. However, in the event that an oil and gas worker is not covered, a personal injury claim may be the only way of obtaining compensation.
For non workers injured by such an explosion or fire there exists the possibility of obtaining compensation through a personal injury claim. If you have been involved in an oil or gas accident and are not covered by workers’ comp., then you should arrange an appointment with a San Antonio lawyer to discuss your legal options and the possibility of a personal injury claim. You can contact the San Antonio office of the Patino Law Firm at 833-210-4878.
Posted on Tuesday, January 15th, 2019 at 4:21 am
Injuries in the result of an accident are personal in nature. Two persons involved in the same accident and vehicle will have a different nature of injuries. Similarly, the healing time will be different given their injuries. In this case, the doctor plays a vital role when it comes to the diagnosis and treatment of the victim(s). A doctor’s diagnosis of the victims’ injuries and their medical record can make or break the personal injury case. If he makes the wrong diagnosis, or does not keep any a medical record or does not produce at any stage of the proceeding, this can damage the credibility of the victim leading to losing the personal injury case.
Seeking Medical Treatment Immediately After the Accident:
It is very important to seek immediate medical treatment after the accident. These medical records help in determining the link between the accident and consequent injuries. This step is very necessary because the treating doctor’s statement will have more credibility than the hired doctors who are usually paid for the opinion in such cases.
Another thing to keep in mind is that if the victim does not seek medical treatment first and consults the lawyer instead, the court will find it difficult to link between the injuries and accident due to the time that has elapsed between the events. Moreover, the defendant can raise the argument that the injury was pre-existing and not the result of the accident.
The Follow-up Treatment:
Initial treatment is not enough after the accident. The personal injury victim must visit the doctor often and follow the instructions strictly. Moreover, the doctor may also advise that how long after the accident the victim can return to work or can perform other activities. In case the victim does not follow up with the doctors, such an act can be used against the victim that he or she has not taken appropriate steps to recover from the loss.
Keeping Medical Records:
In a personal injury case, medical records are of vital importance as they serve as the key evidence. Moreover, these medical records must contain complete information about the victim’s accident, injuries, diagnosis, and treatment. For instance, these medical records must contain that the victim’s treatment was started as a result of his or her involvement in a motor vehicle accident. If the doctor proves this link between the injuries and the accident, it can be much easier to recover the compensation money from the insurance companies.
Doctors Being Associated with the Personal Injury Law Firms:
Some doctors have developed a reputation as being associated with the personal injury law firms. When the medical records crafted through these practices, the credibility of such reports come into question. As the personal injury law firms are also involved, it appears that these firms have developed such medical reports. Such doctors fall apart when the cross-examination is carried out. This can break your personal injury claim and the victim lose the case. So, it is advisable to go to the doctor who is not associated with such firms and establishes a good report.
It is important for a medical report to be perfectly scribed with all the relevant information. Although the attorney can discuss the report with the doctor, however, the doctor must include every relevant information about the treatment.
So, if you are suffering from injuries in the result of an accident, it is better to seek treatment from a well reputed and qualified doctor as well as follow his instructions while keeping a full medical record.
Posted on Tuesday, December 18th, 2018 at 4:52 pm
Very few people go out to a club or a bar with the intention of causing violence,despite what you might see in a film. Unfortunately, some people seem to become violent easily whenever they have had too much to drink. That alcohol fueled violence can spill over and affect someone who has had nothing to do with the person who has become drunk. They just happen to be in the wrong place at the wrong time. In Texas, anyone who suffers serious injury because of a drunken attacker whose behavior has been exacerbated by being served alcohol may be able to sue the establishment that served the alcohol. This law is known as the Dram Shop Law.
An example of the Dram Shop Law in action
Let’s say you go out one evening to a bar and have a few drinks with some friends. Youcan’t help noticing that a small group drinking near you is getting drunker and drunker throughout the evening. At some point, one of these guys takes offense at you staring at his group and staggers over and hits you over the head with an empty bottle. You are quite badly injured and need hospital treatment,suffering gashes that need stitching and some loss of vision. Based on this scenario you have the potential right to sue both the bar staff or the bar management as well as the man who hit you. This is regardless of any criminal charge that may have been laid against the drunk bar patron by police assuming that they intervened after you were led away for hospital treatment.
Negligence is the basis of the Dram Shop Law
Like any personal injury situation, liability for someone’s injury depends on proving that negligence caused the injury or made the injury more likely. In the case of a bar, or other commercial enterprise deliberately serving alcohol to someone who was becoming too drunk to be safe, this is construed under Texas law as a case of negligence. The law is an extension of premises liability. The bar staff should not allow the person to drink any more if in their judgment he or she is becoming unable to control his or her behavior satisfactorily and may show signs of violence. The bar management or owners may be judged to be liable if staff are not adequately supervised or trained to stop serving alcohol to someone becoming too drunk.
The same law could also feasibly apply to a non commercial situation, such as in someone’s own home. For example, if people have been invited round to someone’s home and alcohol is provided, then the person who is supplying the alcohol maybe regarded as liable if the alcohol is continually given out to someone who is becoming too drunk to be considered safe.
The Dram Shop Law may also be used if a bar patron has been served with more alcohol than he or she can obviously handle, knowing that that person would attempt to drive away in a vehicle. If the drunk driver causes an injury, then the injured victim may be able to sue the bar management or staff because of their negligence.
Negligence must be proven
As in any personal injury claim, negligence must be proved for the claim to be successful. There is no point in just claiming that the bar was partly responsible for making the person who hurt you drunk. You have to have evidence that this was the case. In the case of a bar attack, it is likely that you would have several other people present at the time who would have seen what had happened and may have also noticed that the attack took place after the attacker had been sold alcohol past the point that that was sensible. These eyewitnesses would be valuable evidence in the event that you made a claim against the bar.
It is likely that if the incident was unprovoked and violent that police would have been called to deal with it or at least investigate it. Their report could also be useful evidence when attempting to show that the attacker should not have been sold as much alcohol as he had been.
You will need a personal injury attorney to help you with your claim
Suing a bar, or other establishment, because of their part in an alcohol fueled injury will not be easy. You are strongly advised to discuss your injury and the incident that led to it with a San Antonio premises liability lawyer. You can contact the San Antonio office of the Patina Law Firm at 833-210-4878.
Posted on Tuesday, November 13th, 2018 at 12:12 pm
Texas, like some other states, now has a more permissive law on motorcycle helmet use than it once had. Texas repealed compulsory helmet use back in 1977 which was only 2 years after a federal law imposed the restriction on states in order to incentivize the funding of highway construction.
The present law in Texas still makes helmet use by motorcyclists theoretically compulsory, but there are exemptions for anyone 21 and over who has health insurance or has completed mandatory motorcycle training. As this training is essential to get a motorcycle license in Texas it means that anyone over 21 who has a motorcycle license can choose to not wear a helmet.
The fact that wearing a helmet saves lives and in particular it helps to reduce the severity of traumatic brain injury doesn’t necessarily stop riders from not wearing a helmet. So, what happens if a motorcyclist is hit by another motor vehicle and is thrown from the machine and injured?
Wearing a helmet is unlikely to prevent accidents from happening. Not all accidents end up with the motorcycle rider hitting the ground on their head. Some motorcyclists are injured through their own negligence. However, it would be hard to argue that motorcycle riding is inherently safe. It is not. In fact, riding a motorcycle, however exhilarating it might be, is reportedly 27 times as dangerous as driving or being driven in a car or other 4 wheel vehicle. Not wearing a helmet does definitely put the rider at risk of serious brain injury if he or she is thrown to the ground head first.
Riding a motorcycle, with or without a helmet, is inherently dangerous
According to the National Highway Traffic Safety Administration (NHTSA) records, there were 443 fatal accidents involving motorcycles in 2015 in Texas, and 231 of these fatalities were riders who were not wearing helmets. Motorcycle riders, when hit by another road user, tend to be thrown over the handlebars and land on their head, even if the blow is a glancing one. The impact can mean serious head injuries and TBI. This could lead to long term disability and the need for substantial financial support. Theoretically, the rider may have the right to sue the driver of the vehicle that hit him or her if the fault lay with the other vehicle. However, despite the fact that wearing a helmet is not compulsory for those who are 21 and over in Texas, the fact that the injured rider was not wearing a helmet at the time of a crash could significantly affect the chance of obtaining compensation.
Motorcycle helmet use and comparative negligence
Texas has a modified comparative negligence rule which could prevent or limit the right to obtain compensation through a personal injury claim after an accident between a motorcycle rider and another road user. The rule allows an injured accident victim claim compensation if the degree of fault is less than 50%. The amount of compensation after that is decided on a proportional basis. For example, if a motorcycle rider is 60% at fault, he or she will not receive any compensation at all under Texas comparative negligence rules. However, if the rider was judged to be only 20% at fault, then he or she may receive 80% of the amount claimed.
If you have any questions about your motorcycle accident, especially if you think you may be unfairly be dealt with by an insurer, talk to a motorcycle accident attorney at our San Antonio Lawyer’s office here in San Antonio. The contact number is 833-210-4878.
Posted on Tuesday, October 23rd, 2018 at 2:36 am
We all love our pet dogs. They bring us joy and happiness. But sometimes they also cause us grief when they inadvertently attack a neighbor or a passerby. It can also be frightening when you’re at the receiving end of a dog bite. We have all dealt with the neighbor with the aggressive dog and it’s scary when you have been attacked by a neighbor’s dog. For pet owners or pet attack victims, either circumstance leaves a lengthy medical bill – the question is, who pays for it?
If you’ve been bitten by a dog
The first thing you should do when you’ve been bitten by a dog is to evaluate your bite and assess whether you need immediate medical attention.
The next step you should take is to note down the contact information of the dog’s owner. If you’ve been bitten by your neighbor’s dog, you will no doubt have their address and complete name for further contact. If you’ve been bitten in a public place and you’re unsure of who the dog’s owner is, it important to gather as much information as you can about the dog’s owner. At a minimum, this includes the owner’s first and last name.
Your best option is to ask the dog owner to exchange contact information and to ask the owner whether you can take a picture of the owner’s driver’s license. If the dog owner is being uncooperative, you may need to seek the assistance of the police.
Texas Law on Dog Bites
In Texas, the law on animal and dog bites is complex. Rather than a dog owner being 100% at fault for their dog’s behavior, there are a few things you will have to prove if you’ve been bitten by a dog:
- You have to prove that the dog owner knew or should have know that their dog is aggressive (ie: the owner knows that their dog is aggressive and prone to biting others)
- You have to prove that the dog owner was negligent in preventing their dog from attacking you
Proving negligence means that establish that the dog owner should have been watching their dog or that their dog should have been on a leash prior to the attack. It’s possible to be bitten by a dog on a leash, but establishing your case is more simplified when the dog wasn’t on a leash when you were bitten.
This rule is known as the “one-bite rule”. The one-bite rule requires you to prove that “but for” the dog owner’s actions or inactions, would you have been bitten by their dog?
The good news with the one-bite rule is that most aggressive dogs have a pattern of aggressive behavior, and its probably not the first time that that particular dog has attacked someone.
While this article addresses dog bites, these rules typically apply to other pet animal attacks.
If you’ve been attacked by someone’s pet, it’s important to contact a San Antonio Personal injury lawyer right away. Dog bites and animal attacks have a statute of limitations. This means that you will want to file your case before your time is up. If you file your case too late, you could be out of money you deserve. Call us at 833-210-4878 today to discuss your legal options.
Posted on Friday, October 12th, 2018 at 1:36 am
Owners of F-150 trucks manufactured between 2015 and 2018 were last month recalled as a result of a seat belt pretensioner fault. The fault could potentially cause a fire in combustible material inside the vehicle if not dealt with.
One might wonder just how a seat belt could set an F-150 alight. Ford trucks are a common sight on Texan roads, as they are elsewhere across the U.S. and Canada. It is the Regular and SuperCrew cab models that have been recalled, which number around 2 million in the U.S. with a third of a million more in Canada and around 34,000 in Mexico.
This is not the first time that a supposed safety feature has caused a problem. Vehicle owners have already witnessed several recalls of air bags over the last few years, so what’s wrong with these seat belts?
The defect in the pretensioner
Apparently, it’s a malfunction in some of the pretensioners fitted. A pretensioner, for anyone who isn’t aware of its existence, is a small component fitted under the seat belt clip which contains a small explosive device. If pressure is suddenly put on it as might happen during a crash, the explosive device lets off a charge which causes the belt to tighten on the wearer. Similar, but not identical small explosive devices are part of the airbag system, causing the airbag to expand when there is a crash situation. The explosives are thought to increase the response time when there is a crash. In the case of the airbag it ensures that the airbag inflates in the split second that is available before the passenger or driver flies forwards. The same applies to the seat belt, except that the tightening of the clip holds the wearer more firmly in one place.
The malfunctioning components have been observed letting off smoke when they shouldn’t be. Only around 20 have been definitely observed to be faulty, but this is enough for Ford to make the call to recall all trucks fitted with this type of pretensioner. The main fear that Ford has is not so much the smoke let off from the pretensioners, but the fact that there have been some sparks seen emitted as well. The recalled vehicles are being refitted with better insulation in the back cab panels and the B-pillar and carpet just in case some of the sparks set off a fire in the cab. This could cause serious burning injuries as well as a severe headache in terms of personal injury claims for Ford itself.
Ford and the NHTSA have asked F-150 owners not to meddle with the pretensioners or the insulation themselves, even if returning their vehicle seems a hassle. The modifications are done free.
Takata involved again
2015 to 2017 Ford trucks of the type recalled had pretensioners fitted manufactured by Takata, a company involved in the largest vehicle recall in U.S. history. By the time all vehicles with defective Takata made Alpha air bags have been recalled, over 70 million will have been involved. To jog the memory of those who weren’t involved in the Takata recall, but heard about it, the defective air bags exploded on inflation causing nasty burns to anyone sitting behind them.
Luckily, this time around, no-one has yet been injured by pretensioner faults as far as the NHTSA is aware. Ford truck pretensioners are now no longer made by Takata. The 2018 model truck parts are now made by a German company, ZF Friedrichshafen AG.
If you have any questions about a vehicle recall, especially if you think you have noticed a defective part, talk to a defective part attorney at our San Antonio Lawyer’s office here in San Antonio. The contact number is 833-210-4878.
Posted on Thursday, September 27th, 2018 at 5:24 am
As of 2016, over 1.3 million Americans live in nursing homes. Nearly 93,000 of them reside in one of Texas’ over 1,200 facilities. It’s a sad fact that of those 1,235 facilities, fully 25% have been officially cited for neglect or abuse, some of them right here in the San Antonio area.
What Is Nursing Home Neglect?
Nursing home neglect is, put simply, when a nursing home fails to perform their expected duty of care and causes harm by not meeting the patient’s needs. Examples include failure to keep the patient clean, failure to meet medical or nutritional needs, or even failure to provide adequate social contact. Nursing home neglect does not need to be intentional. Neglect can result from situations in which overworked staff are assigned more patients than they can care for, or when poorly trained staff are expected to perform duties outside of their capabilities.
What Are The Warning Signs Of Nursing Home Neglect?
If you’re concerned that a loved one in a San Antonio area nursing home was the victim of neglect, keep an eye out for the following warning signs:
– Unexplained bruises or abrasions. These can be a sign of rough or too hasty handling.
– Pressure or bed sores, which may be an indication that your loved one was left to sit or lay in one position for too long.
– Weight loss, malnutrition, or dehydration may be indications that your loved one has not had their dietary and hydration needs met.
– Loss of mobility or physical capability. This can be a sign that your loved one isn’t receiving the exercise that he or she needs to stay healthy.
– Poor hygiene. If it’s apparent that your loved one is not having their basic hygiene needs such as dental or personal cleanliness met, that is an excellent sign that they are not receiving adequate care.
– Change in personality, withdrawing from social contact, depression. If your loved one undergoes a marked change in their personality, that may be an indication of social neglect.
What To Do If You Suspect Neglect
If you suspect that your loved one has been the victim of nursing home neglect in the San Antonio area, you can take the following steps to improve the chances of a positive outcome:
1. Stay calm. The thought of someone harming a loved one is enough to make most anyone emotional, but it’s important to stay calm in order to better advocate for your loved one.
2. Take notes. Document everything.
3. Advocate. Stay calm, but don’t be afraid to discuss the issues you’re having with staff in order to extract the level of care that your loved one deserves.
4. Get help. Sometimes the situation requires more than you can give on your own, and you need a helping hand. For anyone living in or around the San Antonio area, Dr. Louis Patino is here to help get you the compensation that you and your loved one deserve. Visit https://injury-lawyer-sanantonio.com/practice-areas/ today, and see if Dr. Louis Patino can give you the help that you need.