What is Premises Liability and Why Should You Care?

April 9, 2019 by

Property owners often have a legal responsibility for people who are on their property. They could potentially be held liable for any injuries or mishaps which occur to people whilst on that property. This is known as premises liability.

What is a Premises Liability?

Premises liability covers people being injured on a property. If this injury is caused by the conduct (or misconduct) of the owner, they are always liable. Conduct refers to how the property is managed and maintained. Basically, any potential hazards should have clear warning signs and other safety features in place. For example, if a dangerous area can be readily accessed by the public and somebody is injured in there, this is owner misconduct and the owner is liable.

The line between what does or doesn’t construe misconduct can be a little vague and open to interpretation. When deciding on a case, the court would take a number of factors into account, including the reason the person was there. If misconduct on the owner’s side is clear or easy to prove, then they can be held liable regardless of who the person is.

However, there are cases where it matters who the person is and why they are on the property. It’s difficult to figure exactly what duty of care extends to each circumstance but an attorney can help you work out the specifics of this law within your jurisdiction. Injury attorney Ken Wilhelm is one I’ve had contact with before though there are other options too.

Invitee’s

There are times when a person may be hurt on your property and you aren’t liable. We’ve already covered misconduct but you can be held liable for injuries caused to people on your property even if you are cleared of misconduct. This usually happens when you have invited somebody into the property. The reason why that happens doesn’t matter – it can be for personal or professional reasons, either way, the owner has a duty to warn you of any hazards and keep you as safe as reasonably possible.

Protection for an ‘invitee’ extends to anybody who accompanies them, including children. Always be aware that children can pose an extra hazard as they are less aware of the danger and more likely to wander.

Uninvited Licensee

Beyond this category, there is the ‘uninvited licensee’, which is a person who has access to the property with the knowledge and permission of the owner. The owner has a duty to disclose any dangers to this person as well and also to maintain the property to a minimum standard.

Trespassers

In the event of an uninvited visitor, or in other words a trespasser, there is less responsibility on the property owner. In fact, the only responsibility generally considered is that to avoid causing wanton harm to the trespasser.

One note – this situation is for undiscovered trespassers. If you happen to discover a trespasser in your property, you must immediately warn them of any hazards or dangers and the same level of care is expected as for an ‘uninvited licensee’.

Filed Under: Home Improvement

How to Choose the Right Single Sink for Your Bathroom

March 27, 2019 by

If you’ve never chosen a sink before you’re unlikely to understand the amount of work that goes into the process of making this decision. With the average bathroom renovation costing 5 figures, you don’t want to get it wrong either. Today we’re going to look at the biggest considerations for sink choices. We’ll be working off the assumption that you’re using a single sink, as this is most common. The advice is easily adaptable to multi-basin setups as well though.

Types of Sink

The first big choice is what type of sink you want. Here’s a quick rundown of the main ones.

Drop in sinks are those which sit inside a countertop with the top part visible just above it. The sink is literally placed in the top of the counter, giving it the ‘drop in’ name. These are the most common types of sink.

Undermount sinks are fitted in the same kind of location as a drop in – the top of a cabinet. This time though, they’re fitted entirely from underneath the counter surface, being mounted beneath it. The finished look leaves a flat countertop which can be easily wiped, with any bits falling into the sink.

Wall Mounted sinks ignore the cabinet entirely and are directly attached to the wall. This can be great if targeting a specific style in your bathroom, or if floor space is an issue for you.

Pedestal sinks are those which don’t have a cabinet, but which stand on a ‘column’. This column usually hides the pipework, making this type of sink less work than something like a wall mounted one. It gives you more floor space than a cabinet too, so it can be a good middle ground.

Vessel sinks are custom designed creations which come with their own specially designed faucets. These can be almost any shape, size or design so they’re perfect for anybody wanting to build a perfect, stylish bathroom and who has the budget to afford one.

Vanity sinks are like a mid-point between a drop in and an undermount sink. It uses the top of the cabinet as the top of the sink, so the sink is usually built in as part of the cabinet top. This gives the best of both worlds but can cost a little extra too. Places like Unique Vanities give a good range of sinks like this and other styles.

Material

The material of your sink has a big effect on how it looks in your bathroom too. The look is usually the biggest factor but budget plays a part too. Different materials do have different characteristics too. Cast iron tends to be heavy and very hard-wearing, capable of standing up to a lot of damage without showing any marks or deformation. Porcelain is a lot easier to clean, but at the price of being more fragile than iron – although it usually won’t be an issue if you’re sensible.

Stone or granite sinks are also very durable and have a more unique appearance. You can also consider getting Concrete Sinks, as they too can be durable and strong, while also giving the bathroom a sleek, minimalist look. There are other specialist materials for different appearances as well, including fireclay and tempered glass designs. Of course, the old stainless steel sink works just fine for many bathrooms too.

Faucet Setup

Depending on your choice in a sink, you may need to modify your faucet setup as well. You can look into the Best Plumbers Sydney has to offer if you would like to make the process easier but it is doable if you have some DIY knowledge. An under-mounted sink usually needs separate faucets for example, whilst a wall mounted one will need a wall mounted faucet to go with it.

Once you have the location decided, you still need to pick the faucets. Again, the material is important as is the choice of having separate faucets or mixer tap. The design of faucet should also be compatible with the sink you’ve chosen – remember that some special designs, like the vanity styles, might need a certain faucet to work properly. Of course, should you ever have an issue with your faucets, there are professionals out there, like Make It Drain (https://makeitdrainplumbing.com/plumbing-services/faucet-repair/), who will be able to come out and carry out any repair work that is needed to get things working as they should once again. Hopefully, this won’t be necessary, but it’s better to be prepared, just in case.

Filed Under: Home Improvement, House Matters

When It’s Time to Start Asking Questions: 7 Signs of Nursing Home Neglect or Abuse

November 9, 2018 by

The residents of nursing homes are usually dependent upon the staff for service and care and thus, they are often prone to exploitation due to their frailty. A resident of a nursing home who suffers from neglect or abuse may be incapable of speaking up due to the fear of what might happen to them in the absence of their loved ones. For that reason, it’s often advisable to watch out for signs of nursing home neglect or abuse whenever you visit your loved ones in their nursing facilities. Here’s is what to look out for.

1. Poor Personal Hygiene

In any nursing facilities, nurses are expected to help with the basic hygiene of the residents. Many people residing in these facilities require assistance getting dressed, clipping their nails, brushing their teeth, and combing their hair. A neglected individual is often left doing these things alone, and more often than not, they are not able to maintain their hygiene.

2. Changes in Mental Status or Consciousness

Sometimes, nursing home staff members utilize chemicals restraints to make the work easier for them. If your loved one has a change in their mental status ranging, from stupor to confusion, then you need to be careful. If you notice a difference in their functionality, take immediate action to determine why that is the case.

3. Poor Living Condition

Nursing facilities should offer residents with a clean and safe environment. Failure to do so indicates that the residents are being neglected. The law indicates that nursing homes ought to establish and maintain a program that would control infection so as to provide a safe environment for residents. Moreover, the facilities need to meet the safety and security requirements provided by the state.

4. Lack or Loss of Mobility

When a resident is neglected, they may be left in bed for long, risking the loss of mobility. In the absence of routine movement, residents may end up facing other health complications such as infections and bedsores.

5. Fear or Avoidance of Nursing Staff

If your loved one has stopped speaking to a nurse or looking at a particular staff member, then that is a sign they are being abused. If there is a look of fear in their eyes when a particular nurse or doctor enters the room, then you need to find out what the problem is since that is a sign of physical, verbal, or sexual abuse.

6. Unexpected Injuries

Bruises, broken bones, or head injuries could indicate that an individual is being neglected or abused in the nursing facility. People who aren’t given any assistance may end up doing everything for themselves and this may result in their injuries. Slips and falls among the sick and the elderly are clear signs of neglect. In fact, you can seek help from a Bradenton based personal injury laywer or a lawyer in your area to get compensation from your loved one falling and injuring themselves, so make sure that you are getting all the help and financial security you can from these kinds of negligent acts.

7. Rapid Weight Loss

Rapid weight loss is a clear sign of abuse or neglect. Under the right care plan, a resident in a nursing home should maintain or gain weight. Weight loss may signify depression, poor balance of medication, or even withholding of food.

Take Action

Neglect and abuse are tragic as they can result in severe physical and psychological trauma for residents in nursing homes. Knowing which signs to watch out for will go a long way in helping you to protect your loved ones. Renowned legal professionals such as Hupy and Abraham can help you file a claim against the nursing home if you feel your loved one is being abused or neglected.

Filed Under: Health, Mommy Talk

The Subtleties Reveal the Big Picture: 5 Symptoms to Be on the Lookout for If You Want to Save Your Elders from Abuse

October 9, 2018 by

We can’t always keep an eye on our elderly loved ones. Sometimes we leave them in the care of other relatives or take them to a nursing home. We hope that they will receive the best of care but sometimes they don’t. Sometimes they are neglected or physically, sexually, psychologically or even financially abused. Statistics from nationalhomeabuseguide.org show that in excess of 40 percent of nursing home residents have reported abuse.

If an elderly relative reports abuse, you should consult an attorney who handles elderly abuse claims . However, like many victims, elderly people are often reluctant to speak up. That’s why you need to know the signs of abuse so you can get help for your relative when necessary. Let’s go into more detail about the varying types of elder abuse and their signs.

Physical abuse

Physical abuse involves any behavior that causes bodily harm. It includes kicking, hitting or burning the individual or tying them to their bed or wheelchair. If your elderly loved one has been physically abused, you may notice visible injuries. You should look out for burns, cuts or unexplained bleeding, sprains or fractures and recurring injuries. The individual may refuse to see a doctor about these issues.

Sexual abuse

Sexual abuse refers to unwanted sexual contact with another person. The perpetrator can be a nursing home worker, visitor or even another patient. It includes inappropriate touching, rape and forcing the elderly person to watch pornography. You should look out for torn or bloody underwear, bruising around the genitals, sexually transmitted diseases and bleeding from the vagina or anus.

Psychological abuse

Psychological abuse hurts an individual emotionally. It may occur along with physical abuse. It involves threats, yelling or calling the person names. It can also include ignoring the individual, controlling them or withholding their personal items. The symptoms of psychological abuse may include withdrawal or fright, sudden changes in behavior, depression, loss of interest and trouble sleeping.

Financial abuse

Financial abuse involves misuse of the individual’s money or property. It includes forging their signature, using their credit or debit cards without their permission or forcing them to change their will. Over-charging for a service or charging for a service which wasn’t rendered is also considered financial abuse. Signs include unexplained withdrawals from a bank account, a new friend who the individual seems to be giving money, signatures that seem to be forged and sudden changes in wills or power of attorney.

Neglect

Neglect is when a caregiver doesn’t take care of an older person’s needs. They may not give them enough food or water. They may not ensure they are warm, dry and taking their medication. Abandoning an elderly individual completely is also considered neglect. Symptoms include dirty clothing and matted hair, an illness that isn’t treated, sudden weight loss and inadequate aids likes glasses, dentures or hearing aids.

If you notice any of these signs, ask your elderly relative gently if anything is wrong. Consult an attorney who handles elder abuse or call Adult Protective Services . You can’t change what has already happened but you can protect them from future abuse.

Filed Under: Health, Mom's Corner

Protecting the Elderly: 4 Types of Nursing Home Abuse and How to Spot It

September 14, 2018 by

The statistics on nursing home abuse in the US are alarming. According to nationalhomeabuseguide.org, in excess of 40 percent of nursing home residents have reported abuse. Research from 2010 shows that up to half of all nursing home workers admitted to abusing or neglecting patients. It must be noted that not every case gets reported. This abuse can be both mental and physical, each one can be as permanent as the other, which is why it needs to come to a stop immediately. For physical injuries, lawyers like https://lawtx.com/ can be called to take over the situation and fight for the rightful and deserved justice of these victims. Despite this, the trauma can cut a deep scar that even a court case can remove.

According to the United States Centers for Disease Control and Prevention (CDC), elder abuse is “any abuse and neglect of persons age 60 and older by a caregiver or another person in a relationship involving an expectation of trust.” Experts, such as this attorney, will tell you to seek legal help if you believe a loved one has been a victim of nursing home abuse.

This article will describe four types of elder abuse: physical abuse, sexual abuse, emotional/psychological abuse and neglect. By the end, you’ll know the signs of each type and what you should do if you suspect any kind of abuse.

Physical abuse

This is when elderly patients suffer physical abuse, pain, or impairment because of bad treatment or neglect. This type of abuse is common and can lead to life-threatening injuries. Nursing home patients may even die. Most often, it is believed that the physical injury is caused by the caregivers of the nursing home. However, sometimes it’s a visitor or even another resident. Physical abuse can be active such as hitting or kicking but it can also include injuries caused by neglect and improper use of restraints. Signs include unexplained injuries, bruises, malnutrition, and dehydration. Though the abuse might be due to the reason that the nursing homes are understaffed and lack sufficient training, the effects of such injury could prove to be deadly.

Sexual abuse

This is unwanted physical and sexual contact with an elderly person. It includes sexual contact with a patient who is disoriented or otherwise unable to give consent. Women are more likely to become victims of elder sexual abuse. This type of abuse includes sexual assault and battery, rape, forced nudity and sexual photography. Signs include STDs and infections, bruises in the genital area or breasts, vaginal bleeding, anxiety, and fear around the caregiver.

Emotional abuse

This is the most difficult type of abuse to measure or prove. It doesn’t leave physical evidence and may not always be witnessed. Emotional abuse is when someone acts in a way that causes an elderly person emotional pain and suffering. It can be both verbal and non-verbal and includes yelling, making threats, withdrawing affection and taking away personal items. Patients treated in this way may become fearful or withdrawn or experience changes in behavior.

Neglect

This is negligence on the part of the nursing home to give proper care. Examples include isolation, malnutrition, falls and improper medication management. Family members who visit the nursing home will likely see the signs. They include an unclean or unsafe environment, sudden weight loss and bruising. You may also see a staff member who appears discontent or disinterested.

What to do when you suspect abuse

One of the reasons abuse often goes unreported is that loved ones don’t know what to do when they suspect something is wrong. One option is to visit the National Center on Elder Abuse site for information on who should be contacted in your state. You can talk to your loved one’s doctor or find out if there’s a social worker assigned to your area. Don’t be afraid to call 911 if the situation is urgent and you believe the elderly person’s life is in danger. Once you have made a report, contact a personal injury attorney about you should proceed.

Filed Under: Health, Mom's Corner
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