Under Strict Liability, if your dog bites someone, you are liable for injuries caused by that attack, unless you live in a state with a “One-Bite” rule, such as Oregon. Dog Owners Get a Free Pass with One-Bite Rule Under a One-Bite statute, a dog’s owner is liable for injuries the dog causes only if the owner…
Accidents and Fatalities Prompt New Regulations To prevent infant death and injury, in October 2013 the U.S. Consumer Product Safety Commission (CPSC) approved a new standard to improve the safety of bassinets and cradles. The voluntary standard for bassinets and cradles was first approved in 2002, as ASTM 2194, Standard Consumer Safety Specification for Bassinets and…
In an effort to avoid costly civil litigation from claims brought by employees for harassment, discrimination, back pay, and wrongful termination, Comcast is now coxing its employees to sign an agreement barring access to justice through jury trial. The program, called “Comcast Solutions”, gives employees a three step process to claims resolution, where an employee…
As of November 2013, Covered California had signed up nearly 80,000 people in private health plans, and 135,000 people have signed up for Medi-Cal, the state’s Medicaid. In California, about 2,700 people are signing up for ACA insurance coverage daily, while fewer than 3,000 Texans chose a health plan through the exchange in the entire…
It is important to create a safe sleep environment for your baby. Because babies spend much of their time sleeping, the nursery should be the safest room in the house. Rules for Safe Sleep With any crib, bassinet or play yard, the following simple rules keep babies sleeping safely: Bare is best – to prevent suffocation, never…
If your disability claim is denied, under ERISA, you have the right to file an appeal and, after exhausting all appeals, file suit in federal court against the insurance company. It sounds simple enough, but to overturn a denial of disability benefits in court, an insurance company only has to show minimal evidence to support…
A new law known as the “Safe Haul Act,” that would increase federally required insurance minimum for commercial motor carriers nearly six-fold, from the current $750,000 to $4,442,000 (adjusted annually for inflation relating to medical care), is passing through Congress. Introduced in the House by Rep. Matt Cartwright (D-PA) as the “Safe and Fair Environment on Highways…
In some states, California for example, skateboarding is officially recognized by law as being a “Hazardous Recreational Activity” alongside sports such as Hang Gliding and Skydiving. Rough Riding Surfaces Cause Injuries As if the sport isn’t dangerous enough, rough riding surfaces from small stones, sticks, bumps, and holes in poorly maintained skate parks cause half of all…
Insurance companies tend to deny almost all long term disability claims initially, regardless of their merit. Patience, persistence, and an experienced attorney can increase your chances for a successful appeal. Steps to Take in Appealing an LTD Denial Get a copy of the LTD policy plan documents, including the summary plan description from your company’s…
The Employee Retirement Income Security Act (ERISA) is a law that was passed in 1974 to protect employees when filing claims with group health plans or plans providing disability benefits. How Does ERISA Help Claimants? ERISA makes the process of applying for and receiving disability from a private insurer similar to that of the Social…