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document.write('<p class="rss-title"><a class="rss-title" href="https://www.findlaw.com/legalblogs/law-and-life/" target="_self">Injured</a><br /><span class="rss-item"></span></p>');
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document.write('<li class="rss-item"><a class="rss-item" href="https://www.findlaw.com/legalblogs/personal-injury/will-jaywalking-reforms-make-you-safer/" target="_self">Will Jaywalking Reforms Make You Safer?</a><br />');
document.write('California has passed a new law that makes it okay to jaywalk sometimes. Starting Jan. 1, 2023, police officers in California can only ticket pedestrians when their behavior would make a collision likely. California joins Virginia, Massachusetts, Nevada, Philadelphia, and Kansas City, Missouri, which have also recently reformed their jaywalking laws and enforcement practices. Jaywalking laws have been around for about a century. Before cars ruled the streets, people walked wherever they wanted. As cars became more common in the 1920s, pedestrian-car accidents skyrocketed, as did pedestrian deaths. Concerned anti-car activists began to push for laws regulating drivers. At the same time, auto manufacturers and driving clubs pushed for jaywalking laws to regulate pedestrians. In the end, jaywalking laws regulating where and when people could be on the street won out. What’s Behind the Changes? So, why is there a push to relax jaywalking laws now? One of the main motivations driving changes to these laws is the desire to reduce racial profiling. For example, Black people make up about 9% of the population in Los Angeles, yet they receive about one-third of all jaywalking tickets in the city over the past decade.   Another reason that activists want to reform jaywalking laws is to encourage people to ditch their cars and walk more. Advocates for pedestrian-friendly cities say that unfair enforcement of jaywalking laws and unrealistic crossing rules — like limiting street crossing to crosswalks — make it difficult for people to lead more active lifestyles. Pedestrian Safety at a Low Point But as reformers try to fix inequities and encourage alternative modes of transportation by relaxing jaywalking laws, pedestrian deaths are at a 40-year high. Drivers killed an estimated 7,485 pedestrians in 2021. Since speeding, drunk driving, and distracted driving have also increased during this time, it is unknown whether continuing to enforce jaywalking laws would make pedestrians safer. Those in favor of jaywalking law reform argue that enforcing jaywalking laws would not increase safety since the laws were passed to protect drivers from liability, not to protect pedestrians from harm. Walking advocates say the way to improve pedestrian safety is not through enforcing jaywalking laws. In their view, city planning that prioritizes safe walking and other alternative modes of transportation will make pedestrians safer. Cities and towns can use sidewalks, better lighting at night, raised crosswalks, and pedestrian islands to make streets safer for pedestrians. Preliminary research shows that traffic calming measures can also be beneficial. Effects of Jaywalking Reform With jaywalking reforms being so recent, it is too soon to tell if relaxing the laws will have a measurable effect on reversing racial discrimination or pedestrian deaths. When it comes to the recent increase in pedestrian deaths nationally, Virginia appears to not be following the trend. Since reforming jaywalking laws in 2020, there has not been a reported increase in pedestrian deaths there. Kansas City, Missouri, which repealed its criminal jaywalking laws completely in 2021, has not reported it is up-to-date pedestrian death data. Nevada, which changed jaywalking from a criminal misdemeanor to a civil fine in June 2021, reported 85 pedestrian deaths in 2021, up from 82 in 2020. While jaywalking laws are changing in some places across the country, pedestrians are still facing tickets for jaywalking across the vast majority of the U.S. If you find yourself in that situation, an experienced traffic ticket lawyer may be able to help. Related Resources: Pedestrian Deaths Hit a 30-Year High (FindLaw\'s Law and Daily Life)Pedestrian Accidents FAQ (FindLaw’s Learn About the Law)Pedestrian Accidents Resources (FindLaw’s Learn About the Law) The post Will Jaywalking Reforms Make You Safer? appeared first on .');
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document.write('<li class="rss-item"><a class="rss-item" href="https://www.findlaw.com/legalblogs/personal-injury/daycare-drama-when-does-a-prank-become-felony-child-abuse/" target="_self">Daycare Drama: When Does a Prank Become Felony Child Abuse?</a><br />');
document.write('When does a prank go too far? If you don a “Scream\" mask (the one used in the 1996\'s movie Scream) to scare people, it may be harmless. But what if you do it to toddlers? That is a different story. This actually happened at the Li\'l Blessings Child Care & Learning Center in Hamilton, Mississippi. Five day care workers dressed up in the masks as part of a “prank.\" The would-be “pranksters” chased and shouted at the children. Viral videos on social media show terrified children running from the adults. The day care owner promptly fired the day care workers for their “practical joke,” but their trouble didn\'t end there. They are now facing charges of felony child abuse. One of the employees is also charged with failure to report abuse under Mississippi\'s mandatory reporting laws. What Is Felony Child Abuse? Child abuse refers to physical or emotional harm to a child, such as endangerment, neglect, sexual abuse, or abandonment. What makes child abuse a criminal offense is if it was intentional. For example, a day care worker accidentally bumping into a child is not a deliberate act. However, a day care worker pushing a child is an intentional act. You can then argue that the prank of wearing scary masks and screaming and chasing children intentionally caused the children emotional harm. And this is not a misdemeanor or a “minor” crime. Under Mississippi child abuse laws, the legal consequences for a felony child abuse conviction range from a minimum of two years in prison to a life sentence, depending on the harm caused. What Are Mandatory Reporting Laws? Most states have mandatory reporting laws charging people in certain areas of responsibility or professions with the duty to report suspected child abuse. For example, medical professionals, teachers, social workers, and day care workers must follow mandatory reporting laws. Meaning if they see or suspect child abuse, they must report it to the authorities. And some states require anyone to report suspected child abuse. The Child Welfare Information Gateway publishes a guide on mandatory reporting of child abuse and neglect. Call the National Child Abuse Hotline at 1-800-4-A-Child (1-800-422-4453) if you need to report child abuse. Mississippi\'s mandatory reporting law requires day care workers or any person who has reasonable cause to believe that a child is abused or neglected to report it. Can the Parents Sue for a Prank? In this case, the state will determine the criminal charges against the day care workers. However, the parents of the terrorized children may have a civil claim for the intentional infliction of emotional distress. Generally, a claim of intentional infliction of emotional distress must meet the following elements: Extreme or outrageous conductDone intentionally or recklesslyCausing severe emotional distress The test for extreme or outrageous conduct is whether the behavior exceeds the possible bounds of decency. Meaning it is not merely obnoxious or offensive. For example, if the day care workers pulled the prank on the parents, it\'s much more likely to be considered a harmless prank. However, what may be acceptable for an adult may not be for a child. A court will take that into account, just like they would for other pranks that lead to serious injuries, like swatting or prank calls. The intent or recklessness element means the day care workers intended to cause severe emotional distress, or at least they could have known that scaring toddlers might result in severe emotional distress. Severe emotional distress means that the distress manifests physically, such as becoming anxious or having difficulty sleeping. Can the Parents Sue the Day Care if They Signed a Waiver? Usually, when you enroll your child in day care, you sign a waiver that you will not hold the day care responsible for harm to your children. However, it may not hold up in court. A parent can\'t waive their child\'s right to sue. And a day care could be liable for negligence if they had a duty of care, breached the duty, the day care caused the injury, and there was resulting harm. And remember in this case “injury” does not only mean physical injury. The day care owner was reportedly unaware of the prank until videos surfaced online. She fired the employees involved in the prank. However, under the doctrine of “respondeat superior,\" an employer is liable for the actions of their employees so long as the actions are within the scope of employment. Related Resources: 5 Pranks That Could Get You Arrested (FindLaw\'s Law and Daily Life)Are Day Care Liability Waivers Enforceable? (FindLaw\'s Law and Daily Life)Personal Injury Lawyers Near You (FindLaw\'s Lawyer Directory) The post Daycare Drama: When Does a Prank Become Felony Child Abuse? appeared first on .');
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document.write('<li class="rss-item"><a class="rss-item" href="https://www.findlaw.com/legalblogs/law-and-life/dont-be-a-turkey-keep-thanksgiving-safe-and-legal/" target="_self">Don’t Be a Turkey: Keep Thanksgiving Safe and Legal</a><br />');
document.write('While frying a turkey for a gaggle of sneezy nephews, hosting a cornucopia of distant cousins, or stuffing your brother in a pick-up football game, calamity can befall even the most readied merrymaker.  Thanksgiving can bring mirth or misadventure. Our lives are hectic already, and it can feel like we’re jumping out of the frying pan and into the fire if we don’t have a solid holiday plan. With that in mind, here are some practical tips to help you stay safe and within the law this Thanksgiving. Protect the Turkey It may seem a pilfered turkey is a concern for only the most anxious, but it does occur. In fact, in 1934, there was a turkey-theft crime wave in Delaware. But preventing your fowl from being pilfered this Thanksgiving can be easy. Lock your doors, windows, and outbuildings: Unlocked doors and windows are an invitation to thieves. Garage doors are frequent points of access.Get a dog: A Boykin Spaniel, English setter, or Labrador Retriever is a great turkey hunter. Having one on hand could help you track down your dinner if worse comes to worst.Secure the perimeter: Thieves look for easy targets. Check your existing perimeter fencing for flaws that could allow easy access to your animals. Consider the height of any fencing and gates.Consider installing cameras: Whether in your home or around the yard, cameras are a popular choice for enhancing home security. Some cameras even allow for remote access so you can call the police the second anyone absconds with your bird. Cook With Caution Now that you’ve fortified your food fortress, simmer down and contemplate your cooking method. According to the National Fire Protection Association, cooking causes almost half of all reported home fires and more than two of every five home fire injuries.  Turkey fryers can be particularly dangerous, so consider using another method.  If you do decide to use a fryer, following the tips below can minimize your risk of injury. Use the fryer outside: Use the fryer on your driveway or other non-flammable, outdoor surface. In the case of an oil spill, this should prevent the ignition of nearby flammable materials.Thaw the turkey first: Hot oil and water are a deadly combination posed by turkey fryers. If you don’t thaw your bird the ice particles inside your bird will cause an explosion when they hit hot oil in your fryer. Make sure your turkey is fully thawed before cooking.Keep out of reach of children: Kids are curious. Keep your children away from the fryer to prevent accidental spilling of hot oil.Do not leave the fryer unattended: Constantly supervise the fryer during use.Wear adequate clothing: Protect yourself from grease splatter by wearing adequate clothing such as long sleeves, long pants, and a heavy apron. Protect your hands with potholders or oven mitts when handling the fryer or any of its parts.Dispose of oil properly: Until used grease is completely cool, the risk of injury continues. Disposing of oil properly is an important step in completing your safe cooking practice. Serve Alcohol Responsibly With the turkey all sewn up, what will you pair with it?  The decision to serve alcohol can be complicated, especially if guests vary in age, or an invited guest has a reputation for overuse. Be sure to understand the laws of your state related to social hosts (a person who furnishes another with alcohol in a social setting and not as a licensed vendor). In most states, a social host can be held responsible for injuries to a minor and any other individual cause by a minor being provided alcohol by the host. Some states extend responsibility further to hosts who provide alcohol to adults who then cause harm to others. Here are some other tips: Closely monitor guests: While most guests monitor their own drinking, there will be those who don’t. Consider keeping alcohol behind a counter and available upon request only. Do not serve or allow a guest to continue to consume alcohol if they appear drunk.Keep alcohol away from minors:  It’s so important we’ll say it again: You are responsible for injuries or deaths caused by an intoxicated minor even if you did not physically hand them a drink. Simply allowing access can lead to responsibility, therefore it is better to keep alcohol completely inaccessible to anyone under 21.Consider a silent last call: Bars announce last call to maximize sales prior to closing. At a private gathering, you may choose to use an alternative “silent last call,” where alcohol is no longer served within 30 minutes of the end of the gathering, but you don’t make an announcement. Removing alcohol without informing guests will keep them from consuming copious amounts of alcohol immediately prior to driving.Encourage the use of designated drivers: A designated driver should be more than the “least drunk” of a group. They should be completely sober for the duration of the gathering. People riding with a designated driver should give the DD their keys before anyone begins drinking to avoid any potential conflict at the end of the night.Keep it dry: The safest way to avoid illegality and injury at your gathering is to keep it alcohol-free. Whether a cider, a spritzer, or a mocktail, there are a variety of fantastic alcohol-free drink recipes available.   Play Protection Now that you’ve had a safe meal and calm cocktail hour, you might choose to spend quality time playing with your family. For my family, a merciless game of canasta is a family tradition. Other siblings settle the score with a traditional family football game. These family turkey bowls became more difficult during the COVID-19 pandemic, so some players may be rusty. Before you call an audible that may lead to injury, remember the basics: Stretch for 10 minutes before games: Whether you’re in great shape or haven’t left the couch since last Thanksgiving, warming up appropriately can go a long way toward helping you avoid unintended injury.Assess your abilities and listen to your body: Did you eat too much gravy? Feeling sluggish?  Be honest with yourself about whether your play is safe for you. If not, consider that canasta game instead. Pay attention to physical signs of distress like fatigue, thirst, inability to catch your breath, or muscle ache. Be mindful and rest.Don’t tackle: Keep your play contact-free as much as possible. Don’t be like the NFL and end up in the news because of head injuries. Many home football games have players of varying abilities and sizes, which may increase the chance of contact-related injuries, so think twice before stuffing your brother as hard as you can.Wear protective clothing: Most people don’t have football pads squirreled away in the garage. Even non-contact sports can lead to accidental falls or collisions. If you do have pads or protective gear, wear them. If you don’t, wear long sleeves and pants to protect against cuts and scrapes. Most families have a legendary story of a Thanksgiving when the stove burst into flames, grandpa drank too many hot toddies, or the cool aunt broke her ankle tackling Dad. This year, because you’ve followed these tips, your Thanksgiving stories may be filled with less drama, but you can, as Charles Dickens said, “Reflect upon your present blessings — of which every man has many — not on your past misfortunes, of which all men have some.” Related Resources: How to Shop Safely on Cyber Monday (FindLaw\'s Law and Daily Life)The Most Common Black Friday Shopping Injuries (and What to Do About Them) (FindLaw\'s Law and Daily Life)Do Employers Have to Pay Overtime on Thanksgiving? (FindLaw\'s Law and Daily Life) The post Don’t Be a Turkey: Keep Thanksgiving Safe and Legal appeared first on .');
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document.write('<li class="rss-item"><a class="rss-item" href="https://www.findlaw.com/legalblogs/personal-injury/disrespecting-our-elders-who-to-call-for-elder-abuse/" target="_self">Disrespecting Our Elders: Who to Call for Older Adult Abuse</a><br />');
document.write('Stealing candy from a baby may be easy, but abusing older adults is more profitable. And, unfortunately, very popular. Despite the universal ideal that we must respect anyone older than us, older adults are abused across cultures and classes in the United States. The U.S. Department of Health & Human Services estimates that one in every ten older adult Americans is mistreated by loved ones or strangers. Older Adult Abuse Basics Elder abuse, now typically referred to as “older adult abuse,” takes many forms. It can be: Financial Mental Physical Sexual Medical (both from withholding health care or from health care professionals) Emotional Psychological Domestic Violence Domestic (happening at home) Institutional (happening in a long-term care facility, nursing home or care unit) Although state statutory definitions vary, the laws refer to the mistreatment or exploitation of older adults. This usually means a person aged 60 and above though some states or institutions vary. Types of Older Adult Abuse and Neglect Abuse of older people applies to a wide range of bad actions with varying degrees of severity. Abuse is everything from: Financial abuse by medical care providers, family, or strangers Abandonment or neglect of older parents by adult children Misallocation of funds or property by a professional Physical abuse like withholding medications or violence Taking advantage of an older adult’s mental impairment or lack of judgment Not reporting dangerous self-neglect when you see it Social isolation as punishment or a way to control them If you suspect it is happening, it is important to report it. Suspected abuse can prevent horrible situations and protect the person\'s well-being — whether they are part of your family or just someone you see. You can report various forms of abuse to hotlines, police, or the hospital or institution where you see the abuse occurring. Family Can Be the Worst Abusers Older adult abuse is widely underreported. This is often due to the personal relationship between the parties involved. Frail and feeble adults often need to rely on younger family members for care. This situation makes them unlikely to contact strangers to report any incidence of mistreatment, financial exploitation, or physical or psychological abuse. Sometimes they don’t fully understand the situation because they trust their family members. Other times they may want to keep “family business” private and within the family. Very few people even know about services that protect older adults. Law enforcement can have trouble proving “hidden” abuse when they are called in to help. This, coupled with the federal government\'s traditionally fractured approach to adult protective services, can make it difficult to know where to turn when abuse is suspected. Who To Call For Signs of Elder Abuse The National Adult Protective Services Association notes there has been an epidemic of older adult abuse across the country since the 1980s. However, there hasn\'t been a unified approach to the problem despite its prevalence. There is no one federal agency tasked with handling older adult mistreatment, so the states have had to improvise. Each state has its own framework for older adult protective services. About a third of these APS offices are also charged with protecting other vulnerable adult populations, not just older adults. The work falls either under a health department or a department of social services. If You See Something, Say Something To find the appropriate agency to report older adult abuse to in your state, see the National Center on Older Adult Abuse\'s State Resources. As the NCEA points out, it is important to report abuse even if you just suspect mistreatment. Call Adult Protective Services to speak to an expert who is informed. They can initiate an investigation or systematic review of the institution if necessary. The agency can also help locate resources for stressed caregivers as well. Remember that older adult abuse can happen to any gender identity and culture. If you see an older person at risk who requires immediate assistance, just call 911 and ask the police for help. An older adult personal victimized by family members or caregivers may also need the assistance of an attorney. Related Resources: Have an injury claim? Get your claim reviewed for free. (Find an Injury Attorney) Signs of Older Adult Abuse (FindLaw) Older Adult Abuse Victims Act: What You Need To Know (FindLaw) The post Disrespecting Our Elders: Who to Call for Older Adult Abuse appeared first on .');
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document.write('<li class="rss-item"><a class="rss-item" href="https://www.findlaw.com/legalblogs/personal-injury/are-you-liable-for-an-elderly-parents-car-accident/" target="_self">Are You Liable for an Older Adult Parent&#039;s Car Accident?</a><br />');
document.write('You should always respect the older adults in your life. But you might also want to fear them on the highway. While our older adult relatives may have a wealth of knowledge and compassion, they don\'t always make the quickest or best decisions behind the wheel. And as Salon points out, getting older drivers to admit they\'re not as safe as they once were is difficult, if not impossible. So if you cannot take an aging parent’s keys away, are you on the hook when they plow through a sidewalk full of bystanders? Older Adult Drivers 101 Our population is aging, and most senior citizens have been driving their entire lives. The CDC notes that \"fatal crash rates increase noticeably starting at ages 70-74 and are highest among drivers age 85 and older.\" With almost 36 million drivers on the road over the age of 65, the risk for fatal car crashes is real. If your older adult parent causes such a crash, the results can affect their caregivers. These accidents can happen without much warning. Driving ability can fade quickly, and you might not always see the signs they should stop driving. Also, not all states impose driver\'s license renewal restrictions on older drivers. Some states do require older drivers to: Renew in person (not by mail)Complete a road testSubmit a fitness-to-drive statement from a physician However, in many cases, it\'s normally up to children or relatives to determine whether an older person is fit to drive. So does that mean you could be liable for accidents if you don\'t confiscate a parents\' keys? Family Members: Liability of an Adult Child or Younger Adult It is possible for a non-driver to be legally liable for an accident. If you loan your motor vehicle to a bad driver, you could be liable under negligent entrustment or vicarious liability laws. Normally, this plays out when parents give their car keys to children. The so-called \"Family Car Doctrine\" can hold parents liable for their children\'s car accidents, even if the parents weren\'t in the car. Generally, however, this kind of liability is only extended to the vehicle\'s owner. So if an older adult parent is driving their own car, it\'s less likely that a child or relative would be liable for an accident. However, depending on how knowledgeable a child is about their older adult parent\'s impairment when driving, other theories of negligence could attach, even if they weren\'t driving your car. If you or a loved one has been involved in a serious car accident, you may want to talk to an experienced personal injury attorney about your legal liability and your legal options. Related Resources: Find Car Accident Lawyers in Your Area (FindLaw\'s Lawyer Directory)Friend Driving My Car: Am I Liable? (FindLaw\'s Injured)Can a Car Owner Be Sued for Another Driver\'s Accident? (FindLaw\'s Injured)Are Parents Liable for Children\'s Car Accidents? (FindLaw\'s Law and Daily Life) The post Are You Liable for an Older Adult Parent&#039;s Car Accident? appeared first on .');
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document.write('<li class="rss-item"><a class="rss-item" href="https://www.findlaw.com/legalblogs/personal-injury/suing-for-elderly-slip-and-falls/" target="_self">Suing for Older Adult Slip and Fall Accidents</a><br />');
document.write('Slip and fall injuries are much more dangerous for older adults than for anyone else. And they are, unfortunately, relatively common. The problem is that when an older person falls and breaks a bone, healing occurs more slowly or not at all. The risk of falling again can also be higher. A minor fall can easily mean a major life change for a person of advanced age. When a fall does necessitate full-time in-home care or a move to a nursing home, there is a lot to consider. You have options to sue if a fall occurs in a nursing facility or care facility or if it happens out and about at a business. So let\'s consider what a plaintiff must prove to recover damages in case of a slip and fall or another injury. Proving Dangerous Conditions Generally speaking, in slip and fall cases, a plaintiff must show that there was a dangerous condition. The caveat is proving that the premises owner knew or should have known about it. Owners are responsible for reasonably foreseeable conditions arising on their property. In other words, owners are expected to anticipate certain conditions and accommodate all kinds of people on the property. This could include things like: Wet floors after a leakInadequate lighting after lights burn outBroken walkways or handrailsLadders or equipment being left out by staff These types of situations present a risk that is fairly easy to predict or see. Serious injuries can occur from even minor negligence from a premises owner or their staff. If a person falls on the premises, older adult or otherwise, there may be a basis for a premises liability lawsuit. Depending on how the injury occurred and the plaintiff\'s relationship with the defendant, an injury attorney might additionally claim negligence. Recovering Money for Negligence Cases When a loved one is injured due to the negligence of another, they can possibly recover damages for: Medical expensesFuture care plansEmotional sufferingPhysical pain and suffering A retired person can\'t recover lost wages, for example, but damages for medical care may be higher because older adults experience the consequences of common injuries more severely. To recover anything, however, a plaintiff must prove the four elements of negligence: DutyBreachCausationHarm The context of the injury will determine these elements to some extent. Duty of Care in Fall-Related Injuries “Standard of care” or “duty of care” changes depending on the people involved and the location. For example: The duty of care of a nursing home to its residents is highThe duty owed by a store owner to passersby on the sidewalk is very low Still, all of us owe a duty of care to others. Everyone needs to act as a reasonable person would in the same or similar circumstances and to prevent “reasonably foreseeable” injury. The plaintiff has proven negligence and will win the case if they show that: Duty of care was breachedIt caused an injuryThe injury resulted in “compensable harm” (damages such as medical expenses, for example) But cases are very complex -- even proving a simple slip and fall was someone else\'s fault requires extensive experience reading and understanding medical records and comfort with mathematical calculations. Talk To a Lawyer If you have been injured, whatever your age, talk to a lawyer. Tell your story. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources: Find Personal Injury Lawyers in Your Area (FindLaw\'s Lawyer Directory)Conditions Leading to Indoor Slip and Fall Accidents (FindLaw\'s Learn About the Law)Conditions Leading to Outdoor Slip and Fall Accidents (FindLaw\'s Learn About the Law)Slip and Fall FAQ (FindLaw\'s Learn About the Law) The post Suing for Older Adult Slip and Fall Accidents appeared first on .');
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document.write('<li class="rss-item"><a class="rss-item" href="https://www.findlaw.com/legalblogs/personal-injury/does-homeowners-insurance-cover-flooding/" target="_self">Does Homeowners&#039; Insurance Cover Flooding?</a><br />');
document.write('The best time to get protection against a flood is before it happens. That means if you keep anything in a basement or live on the ground floor, it\'s important to have flood insurance. However, many properties that should have flood insurance do not. A flood insurance policy is separate from a standard homeowners insurance policy or renters insurance policy and can cover your home and personal belongings in the event of a flood. Mostly, flood insurance can cover flooding from hurricanes or an extreme amount of rain. Buying flood insurance can be a good idea for a lot of people, but in some cases, it\'s also mandatory. It\'s important to understand how and when to purchase flood insurance so that you\'re prepared before disaster strikes. The Federal Emergency Management Agency (FEMA) administers the National Flood Insurance Program (NFIP), which is generally a good place to start. General Coverage Options Under federal law, homes with a federally regulated mortgage must have flood insurance if located within a Special Flood Hazard Area (SFHA). Even if your home is not within an SFHA or a high-risk flood zone, lenders may require that you have flood insurance before approving a mortgage. A standard homeowners insurance policy may cover certain types of water damage, but they don\'t cover flooding. If you want to protect yourself, you need separate flood insurance. Because of the potentially high cost of flood damage, the NFIP provides subsidized insurance to homeowners in many communities, such as areas on the East Coast that are prone to hurricanes and storm surges or flood plains near rivers. If your area isn\'t covered, insurance is available through private companies. NFIP policies typically have a deductible that you must meet. Building or dwelling coverage is for the physical property and can provide compensation for structural damages. This would include flooring, carpeting, garages, porches, etc. If you live in a high-risk flood zone, most mortgage lenders will require you to at least have this type of coverage. Belongings or contents coverage is for non-structural personal property. So, if the flooding short-circuited your water heater, washing machine, or dishwasher or ruined your book collection, you may be able to purchase coverage that would compensate you for those losses as well. Flood insurance can provide you with compensation at cash value for the price of damages, up to the amount on your policy. Your insurance agent is probably a good place to start, as they can provide you with more information and an insurance quote. Just because you\'ve purchased flood insurance, doesn\'t mean everything is covered. Types of Flooding Common reasons for flooding covered by most flood insurance policies include the following: Sewer backupMudflowTorrential downpourHurricanesCollapse of land along a body of waterRapid runoff due to heavy rainBasement flooding Granted, most of the flooding that occurs will be due to natural disasters. Common exclusions from flood insurance coverage include instances where a homeowner didn\'t protect themself from damage when they could have. That would be things such as toilet backups or roof leaks, as those can be prevented. If there is water damage or mold that you should have prevented, the insurance company may not pay out. FEMA defines a flood as a temporary condition of partial or complete inundation of two acres of land that would normally be dry or of two or more properties. That means your house cannot be the source of the water damage (for example, a burst pipe), and must also affect at least one of your neighbors for you to make an insurance claim Protect yourself early, because NFIP flood insurance coverage doesn\'t kick in until 30 days after you purchase the policy. That means that you would not be able to make claims for damage that occurs during the waiting period. So, if you wait until the flood warnings arrive, your policy may not pay out. Some private insurance companies may have shorter waiting periods, but it is still a safer idea to account for the 30-day wait time. If there is a flood and your insurance provider is unwilling to pay for covered damage, you do have options. Get help from an experienced lawyer, who can determine if you have a strong claim and can take action against your provider. A flood can cause significant property damage, but with proper protection, it doesn\'t have to be devastating. Purchase flood insurance now to protect yourself in the future. Related Resources: Top 5 Legal Issues Following Floods (FindLaw\'s Law and Daily Life)Preventing Mold Damage After a Flood: Tips for Homeowners (FindLaw\'s Learn About the Law)Flood Recovery: Safety Issues and Flood Insurance (FindLaw\'s Law and Daily Life) The post Does Homeowners&#039; Insurance Cover Flooding? appeared first on .');
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document.write('<li class="rss-item"><a class="rss-item" href="https://www.findlaw.com/legalblogs/personal-injury/can-i-sue-plan-b-for-not-working/" target="_self">Can I Sue Plan B for Not Working?</a><br />');
document.write('Since the U.S. Supreme Court overturned Roe v. Wade, women across the country have been stocking up on emergency contraception, commonly known as \"Plan B\" or the \"morning-after pill.\" Demand has been so high that many retailers, including Amazon, have limited purchases. Which raises a question: What if it doesn\'t work? Suppose you take Plan B and you still get pregnant — can you sue to hold the manufacturer responsible? Actually, depending on where you live, you can. What Is Plan B? Plan B is actually a particular brand of emergency contraception. It comes in a single-dose tablet that you take within 72 hours after having sex (if you take it within 24 hours, it is even more effective). According to the manufacturer, about seven out of every eight women will not become pregnant if they take Plan B as directed. You don\'t need a prescription or to show proof of age to get it. Plan B is not: As effective as regular contraception and should not be used as your regular form of birth control (hence the name, \"Plan B\")An abortion pill and will not cause a miscarriage (if you are already pregnant, Plan B will not work)Protection against HIV/AIDS or other sexually transmitted diseases What Would Your Lawsuit Be? Many (but not all) states let you sue for what\'s called \"wrongful conception\" or \"wrongful pregnancy.\" This typically comes up in the case of someone getting pregnant following a sterilization procedure such as a vasectomy or a tubal ligation, but the same reasoning applies in the case of birth control (like the pill or a condom) or emergency contraception. Many courts have determined that people have a right to decide whether they are ready to have a family and that if a method of birth control fails, they should be able to go after whoever\'s responsible. If you had a failed sterilization procedure, that may be the doctor. If the condom breaks or oral contraception (including emergency contraception) doesn\'t work, it may be the manufacturer. Most wrongful conception cases against product manufacturers involve three legal claims: Strict liabilityNegligenceBreach of Warranty Let\'s go through these. Strict Liability The advantage of a strict liability claim is that you don\'t have to prove that anyone is at fault for your pregnancy. Instead, you need to prove that the Plan B you used was defective and, because of the defect, you got pregnant. A product can be defective in three ways: Design: The product is designed in a way that presents an unreasonable risk of harm (or, in the Plan B case, pregnancy)Manufacturing: The design\'s okay, but something went wrong during the manufacturing process that presents an unreasonable risk of harmWarning: The warnings included with the product are inadequate If you can show that the emergency contraception you used was defective in one of these ways, you would have a claim against the manufacturer if you got pregnant. Negligence A negligence claim is often harder to prove than a strict liability claim. To win a negligence claim, you generally have to show that the manufacturer failed to act as a \"reasonably prudent person,\" meaning that they were careless in the manufacture and sale of your emergency contraception. It\'s not enough to show that you took the pill and still got pregnant; One out of eight women get pregnant despite using Plan B as directed. You would have to prove that someone did something wrong. This typically takes lawyers a lot of digging through the company\'s business records. It\'s time-consuming and expensive, but there are all sorts of ways a company can be negligent (and some of those ways may support your strict liability claim). For example, one way a company may be negligent is by failing to adequately warn of the risks associated with the product. Breach of Warranty A breach of warranty claim has its roots in contract law. In most cases, the sale of a product carries certain warranties. A warranty is a promise that the product will meet certain identified quality standards and will perform in a certain way. If the product doesn\'t meet those standards, the manufacturer is said to have \"breached\" its warranties. There are two types of warranties: express and implied. An express warranty is a written or spoken guarantee of quality and reliability. Implied warranties are not written or spoken but go along with the product by law. A manufacturer of emergency contraception impliedly guarantees that the product will work as claimed and, if the parties agree, is fit for a particular purpose. There is a lot of overlap among strict liability, negligence, and breach of warranty claims. Sometimes the same evidence can be used to prove each claim. What Could You Get? If you win your wrongful conception case, you may be able to recover actual damages. This phrase refers to money that the law will award to compensate you for any losses you sustained. In general, that would include the losses directly associated with the pregnancy and the birth, such as medical expenses and, in some states, emotional distress. However, most courts refuse to allow parents to recover the cost of raising the child. In rare cases, you may be able to recover punitive damages. Punitive damages are not intended to compensate you for losses. Instead, they are intended to punish a wrongdoer for extreme and outrageous behavior and to deter them and others from doing it again. Get a Good Lawyer Wrongful conception cases are challenging to win. You have to persuade a judge and, ultimately, a jury that you are not the one woman in eight who will still get pregnant, even if Plan B works the way it\'s supposed to. And if you can get over this hurdle, you still have to come up with proof that the product is defective or the manufacturer did something wrong. If you find yourself in the position of an unwanted pregnancy after taking Plan B, consider speaking with a products liability attorney in an area near you (after you see your physician, of course). They can give you legal advice about your situation and help you better understand whether a lawsuit in your case is worth it. Related Resources: What Is Wrongful Pregnancy? (FindLaw\'s Law and Daily Life)FDA\'s \"Plan B\" Isn\'t What the Judge Ordered (FindLaw\'s Law and Daily Life)Plan B Age Limits Will Be Lifted: Justice Dept. (FindLaw\'s Law and Daily Life) The post Can I Sue Plan B for Not Working? appeared first on .');
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document.write('<li class="rss-item"><a class="rss-item" href="https://www.findlaw.com/legalblogs/personal-injury/are-driver-assistance-cars-safe/" target="_self">Are Driver-Assistance Cars Safe?</a><br />');
document.write('On June 15, a federal agency released the first-ever reports measuring car accidents involving driver-assistance technology. The National Highway Traffic Safety Administration (NHTSA) provided firm numbers —392 accidents involving vehicles with drivers and another 130 with driverless vehicles — over a 10-month period. But instead of providing answers about the safety of the technology, the reports have mostly sown seeds of confusion. Are cars equipped with Advanced Driver Assistance Systems (ADAS) technology safer than those that are not? Or do they make our roads more dangerous? The report provides no answers, despite vehicles using this technology in various forms being on our roads. The reports make no claims that these numbers are anything more than a tool in helping the agency detect defects as it considers regulations. Still, NHTSA appears to be responding to criticism in some quarters that it is not being assertive enough in regulating driver-assistance technology. Tesla has been dominant in this area for years with its Autopilot system. Crashes and fatalities of Tesla vehicles have made headlines since the first fatality in 2016. To date, there have been 35 crashes, including nine that resulted in the deaths of 14 people. Only three of those investigations concluded that Autopilot was not to blame. NHTSA took a broader step in June 2021 with an order requiring manufacturers and operators to report crashes involving ADAS technology. This year\'s report details the responses to that order. The 5 Levels of Driver-Assistance Technology NHTSA is primarily interested in a driver-assistance category called SAE 2, which is one of five levels created by the Society of Automotive Engineers. This category includes Tesla\'s Autopilot. Level 1 systems include a single feature like adaptive cruise control that assists drivers in maintaining safe distances behind cars.Level 2 systems can take full control of acceleration, braking, and steering, but the driver must be behind the wheel and ready to intervene if the system is not responding properly.Level 3 systems possess technology that can control the vehicle by itself, although a driver must be present to intervene if necessary. In May, Mercedes-Benz became the first automaker in the world to sell Level 3 cars, when Germany gave it the green light in that country. Mercedes-Benz says it is working with regulators in California and Nevada and hopes to be selling Level 3 cars there by the end of this year.Level 4 and 5 cars require no humans for operation. Driverless taxis are considered Level 4 vehicles, and California regulators gave a go-ahead on June 2 for Cruise (a company owned by General Motors) to operate driverless cabs in one area of San Francisco during late-night hours. Competitor Waymo has already been providing limited driverless taxi service in San Francisco and a few other locations, but with a backup driver present. Why Are Auto Makers Pushing Them? Although the reasons are not exactly clear, the auto industry has been pursuing driver-assisted technology for years. Doubters say there\'s no good reason for it, but the auto industry and many American politicians point to improved safety as the goal. Again, though, it is important to keep in mind that simple market demand is a big part of the reason; consumers want the systems and make buying decisions based on their availability. In the end, many predict, we will have a system where all vehicles are driverless. The assumption is that the vast majority of the 6 million car accidents in this country every year are the result of human error. Leaving the job to machines will make it safer for us all. Or so the argument goes. But first, we don\'t know for certain that an entirely driverless fleet of vehicles will necessarily be that safe. Will they see like we drivers see? Will they make snap decisions like we drivers learn from experience — like slowing down when you see a deer emerging from a nearby woods or concluding that a bouncing ball in a roadway could mean that a child will follow? And what about technical bugs? At the Intersection of Humans and Machines Until that day comes, we must determine how the interaction between human drivers and these automated systems is working out. That is why there is all this attention now on the vehicles containing the Level 2 systems. Many of the headlines following NHTSA\'s reports suggested that they cast doubt on automakers\' promises of improved safety in vehicles using the new technology. Others, however, contend that 392 recorded crashes are an admirable number when you consider there are nearly 6 million total crashes annually. The problem with the report is that it provides no basis for comparison. NHTSA identified Tesla as the worst offender, accounting for two-thirds of the SAE2 accidents. But Tesla also apparently has more of these types of vehicles on the roads than other automakers — around 830,000 of them. But the report doesn\'t say how many comparable cars from other companies are on the road. Also, the reporting requirements are not firm. Tesla has automatic reporting through vehicle telematics. Others rely on unverified customer claims. All Eyes on Tesla Tesla has taken a hit, which might not be fair since their cars may be more numerous and their reporting responses more dutiful. But NHTSA has already had reason to investigate Tesla for a series of accidents involving Autopilot-enabled Teslas plowing into police cars, fire trucks, and other emergency vehicles. Those collisions resulted in 17 injuries and one death. Meanwhile, other studies have found troubling flaws in Teslas. Consumer Reports engineers found that Autopilot\'s optionally activated lane-change feature was dangerous and that the system could be \"tricked\" into operating without anybody in the driver\'s seat. One of the biggest arguments about driver-assistance technology and safety is that these systems may create greater highway danger by lulling drivers into inattentiveness. Last year, an MIT study concluded that drivers really do pay less attention to the road and roadway situations when Tesla\'s Autopilot is on. Safety experts argue that those drivers are then unprepared to take action if the system malfunctions or a situation emerges that requires their attention. Tesla\'s Response Despite naming the system Autopilot, Tesla is clear in telling drivers that the system isn\'t totally autopilot. \"Autopilot is a hands-on driver assistance system that is intended to be used only with a fully attentive driver,\" the company tells prospective purchasers. \"It does not turn Tesla into a self-driving car nor does it make a car autonomous.\" Still, Tesla\'s advertising, which has included the phrase, \"Full Self Driving,\" has drawn the attention of lawmakers who think it dangerously promises prospective buyers something a bit more. Last August, Democratic Sens. Richard Blumenthal of Connecticut and Edward Markey of Massachusetts asked the Federal Trade Commission to investigate Tesla for deceptive marketing and unfair trade practices. On June 9, FTC Chair Lina Khan told Reuters that the issues raised in that letter are \"on our radar.\" It might be worth keeping in mind at this point that the FTC made Volkswagen pay $9.8 billion to misled buyers in 2016 for unjustified claims it made about the environmental performances of its diesel cars. The Road Ahead When it comes to driver-assistance technology, there is a long way to go before we know how safe these systems are. No doubt there will be more cases like a current one in Los Angeles involving a Tesla driver who ran through a red light while his car was on Autopilot, killing two people in a Honda. The driver, who faces manslaughter charges, blames Tesla and Autopilot. A trial is upcoming, and Tesla is sure to point to the disclaimer it gives to all purchasers: Autopilot requires fully attentive drivers. So, what can we glean from all this confusion? Maybe this: Driver-assistance technologies may provide enhanced safety, but you\'re still the driver. And drivers have serious responsibilities. Related Resources: Find a Personal Injury Lawyer Near You (FindLaw\'s Lawyer Directory)More Traffic Deaths Despite Pandemic and Fewer Drivers (FindLaw\'s Law and Daily Life)Road Rage Shootings Skyrocket (FindLaw\'s Law and Daily Life)Should Sidewalk Robots Have Legal Rights as Pedestrians? (FindLaw\'s Law and Daily Life) Facebook Post A federal report measuring accidents involving \"driver assistance\" technology, like Tesla\'s Autopilot, raises more questions about safety than it answers. As automakers roll out more and more of these systems, how safe — or unsafe — should motorists feel? The post Are Driver-Assistance Cars Safe? appeared first on .');
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document.write('<li class="rss-item"><a class="rss-item" href="https://www.findlaw.com/legalblogs/law-and-life/do-the-police-have-an-obligation-to-protect-you/" target="_self">Do the Police Have an Obligation to Protect You?</a><br />');
document.write('The Uvalde, Texas, School District Police Department has received withering criticism for its failure to stop a school gunman who shot and killed 19 children and two teachers. While the shooter was inside two adjoining classrooms, 19 law enforcement officers stood outside for nearly an hour as they waited for tactical equipment to arrive. Texas Department of Public Safety Col. Steven McCraw called it \"the wrong decision. Period. There\'s no excuse for that.\" Calling the response \"100% flawed,\" Thor Eells, executive director of the National Tactical Officers Association, said, \"If you\'re in a classroom with innocent victims and I know that shots have been fired, I need to engage you.\" Unfortunately, families of the victims have little legal recourse against the police because police officers are typically protected from lawsuits by qualified immunity. Police occasionally face consequences for their actions, like when Minneapolis officer Derek Chauvin was convicted of murdering George Floyd. But criminal charges against police officers who fail to protect the public are extremely rare. Questions of Police Duty The motto, \"To Protect and Serve,\" first coined by the Los Angeles Police Department in the 1950s, has been widely copied by police departments everywhere. But what, exactly, is a police officer\'s legal obligation to protect people? Must they risk their lives in dangerous situations like the one in Uvalde? The answer is no. In the 1981 case Warren v. District of Columbia, the D.C. Court of Appeals held that police have a general \"public duty,\" but that \"no specific legal duty exists\" unless there is a special relationship between an officer and an individual, such as a person in custody. The U.S. Supreme Court has also ruled that police have no specific obligation to protect. In its 1989 decision in DeShaney v. Winnebago County Department of Social Services, the justices ruled that a social services department had no duty to protect a young boy from his abusive father. In 2005\'sCastle Rock v. Gonzales, a woman sued the police for failing to protect her from her husband after he violated a restraining order and abducted and killed their three children. Justices said the police had no such duty. Most recently, the U.S. Court of Appeals for the 11th Circuit upheld a lower court ruling that police could not be held liable for failing to protect students in the 2018 shooting that claimed 17 lives at Marjorie Stoneman Douglas High School in Parkland, Florida. Police Guidelines Police do have protocols for dealing with dangerous situations like the ones in Uvalde and Parkland, and these protocols emphasize the need for police to take rapid action. The International Association of Chiefs of Police, for instance, says, \"Taking action during active shooter incidents, rather than waiting for specially equipped and trained officers, can save lives and prevent serious injuries. Time lost by delayed action is likely to result in additional casualties.\" IACP provides guidance on how officers in those situations should assess how to proceed with that rapid response. No matter how they do it, it will probably be extremely dangerous. They might be risking their own lives. But as courts have determined, they have no obligation to do that. So, the next time you see a police car roll by with \"To Protect and Serve\" emblazoned on the door, keep in mind they have no constitutional obligation to do that. If you need police to protect you, all you can do is hope they will. Related Resources How Do \'Red Flag\' Gun Laws Work? (FindLaw\'s Law and Daily Life)Is Charging Parents in High School Shooting a New Legal Strategy? (FindLaw\'s Courtside)What Should You Do if You Witness Police Brutality? (FindLaw\'s Law and Daily Life) The post Do the Police Have an Obligation to Protect You? appeared first on .');
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