Philadelphia Injury Lawyer
  • Nov30

    IT IS A SAD COMMENTARY on our society that over two million elders are abused or neglected in the United States each year. However, only about one in fifteen cases of abuse are ever reported. Why are so few cases reported? It could be because up to 75 percent or more all elder abuse is committed by relative of the elder, either in the elder’s own home or in the abuser’s home, where he or she is taking care of the elder. The caretaker may have threatened the elder that if the elder tells anyone about the abuse, the caretaker will kick the elder out into the street or use physical or chemical restraints to keep the elder in line.

    Approximately 25 percent of elder abuse occurs in nursing homes and other retirement facilities. Federal law covers abuse in nursing homes under the Nursing Home Reform Act. If you suspect that nursing home personnel are abusing or neglecting your elder, notify the nursing home’s ombudsman or the local police department.

    Elder abuse can take many forms. It may be done by an affirmative act, such as hitting the elder, or by fondling or otherwise sexually abusing the elder. Or it can be a negative act, such as deliberately failing to feed or provide adequate hydration (water and other fluids) to the elder. It may also consist of psychological abuse, such as yelling at the elder or threatening him or her with physical abuse or the withholding of food, or putting the elder in isolation.

    Depriving the elder of medical care for physical and mental health needs is another form of elder abuse. Other examples of elder abuse include: failing to assist the elder in personal hygiene; failing to provide adequate clothing; providing inadequately heated and under ventilated shelter; and failing to protect the elder from health and safety hazards. Also considered elder abuse are failing to provide or arrange transportation to medical appointments or adult day care centers; neglecting or abandoning the elder; physically or chemically restraining the elder as punishment or for longer than is necessary; and otherwise failing to provide assistance necessary to keep the elder safe, well-fed, well-groomed, and comfortable.

    To find out more about how to recover compensation for injuries suffered because of nursing home abuse and neglect, call Philadelphia nursing home abuse attorney at the Law Office of Andrew A. Ballerini at 856-665-7140. Contact one of our lawyers and set up a free initial consultation about your nursing home lawsuit.

    The Law Office of Andrew A. Ballerini
    Harvard Law Building
    1522 Route 38, Suite 202
    Cherry Hill, NJ 08002-2214
    Phone: 856-665-7140
    Toll free: 800-989-5297 (LAWS)
    Fax: 856-665-8885

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  • Sep29

    The Law of Strict Products Liability

    One of the most important developments in the law regarding consumer protection was the birth of the doctrine of “strict products liability,” which makes it much easier for you to recover damages from a manufacturer or seller when you are injured by a defective product. Strict products liability also has served as a strong incentive for manufacturers to design and make safer products.

    Under  the law of strict products liability, a product manufacturer, distributor, or seller is liable for marketing a defective product that is “unreasonably dangerous” and causes injury to the unwary consumer or user. All you need to show is that the product was defective and was allowed to get into the stream of commerce and that your injuries were caused by the product’s defect. You normally do not have to prove that anyone was negligent.

    The rationale behind strict liability is that as a part of its cost of doing business a manufacturer must compensate consumers for injuries sustained from its defective product. The manufacturer can pass along the expense to the consumer by increasing the price of each unit sold. The consumer bears the ultimate cost, but when that cost is spread among hundreds of thousands or even millions of consumers, it is minimal as far as each consumer is concerned.

    Say that you buy a new air conditioner at American Hardware Store and have it installed in your house by Tom’s Air Conditioning Installation and Service Company. The first time you turn the air conditioner on, it blows up and injures you. It turns out that when the air conditioner was made, someone at the factory reversed two wires. American Hardware Store is strictly liable to you, since it sold you the unit. The company that made it is strictly liable as well. But how about Tom’s? Is it also strictly liable for your injuries? No. The law of strict products liability does not apply to persons who are engaged primarily in the business of providing a service – installers, repair people, cleaners, doctors, lawyers, accountants, and so on. Tom’s did not sell you the air conditioner; it merely provided the service of installing it. Tom’s would be liable for your injuries only if it installed and air conditioner incorrectly and that mistake caused your injuries.

    Product liability law is complex and needs to be handled by an experienced attorney. If you or a loved one has been injured due to a faulty or defective product, contact the attorneys at the Law Offices of Andrew Ballerini. CALL NOW: 800-989-5297 (LAWS). PROTECT YOUR LEGAL RIGHTS.

    The Law Office of Andrew A. Ballerini
    Harvard Law Building
    1522 Route 38, Suite 202
    Cherry Hill, NJ 08002-2214
    Phone: 856-665-7140
    Toll free: 800-989-5297 (LAWS)
    Fax: 856-665-8885

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