Sexual Abuse at the Gym: Who Is Liable?
Gym operators, trainers, staff, or other trainees can be liable for sexual abuse at the gym. Sexual abuse can involve just one incident of abuse or a series of abusive behaviors and acts. Examples of sexual abuse at the gym include undesirable sexual advances, jokes, hints, suggestions, offensive comments, or the display of pictures that target a person because of his or her sex. The severity or prevalence of the sexual abuse could influence which damages the victim will recover. The more severe the abuse, the bigger the [...]
Common Causes of ATV Accidents [infographic]
Most all-terrain vehicle (ATV) accidents occur because of driving over unfamiliar areas, performing dangerous stunts, and transporting extra passengers. They may also happen because of inexperience. Consumption of alcohol or drugs also increases the risk of these accidents. (Article continues below infographic) What Are the Common Causes of ATV Crashes? Driving Over Unfamiliar Areas Riding ATVs over unfamiliar terrain increases the risks of an accident. Before accelerating the speed, a driver should first acquaint himself or herself with the terrain. He or she can ride over the road [...]
Understanding the Eggshell Skull Rule
The “eggshell skull rule” helps ensure that plaintiffs can recover compensation for damages caused by another party’s negligence even if the injuries might not have been as severe but for the plaintiff’s preexisting medical condition or vulnerability to injury. What Is the Eggshell Skull Rule? Under the eggshell skull rule, a defendant remains liable for injuries caused by negligence or an intentional act regardless of the plaintiff’s increased susceptibility to injury. The rule effectively protects plaintiffs who have pre-existing conditions that increase the risk or severity of injuries in [...]
Hidden in Plain Sight: When Hotels May Be Liable for Human Trafficking
The Trafficking Victims Protection Act (TVPA) states that hotels can be held criminally and civilly liable for sex trafficking that occurs on the premises. An employee knowingly renting a room to a trafficker or a “sex buyer” using the room for a commercial sex act makes the hotel liable under TVPA. Hotels Have a Duty to Fight Human Trafficking According to federal law, those who pay for sex acts are considered traffickers. Under TVPA, sex trafficking survivors or the federal government can file a lawsuit against a trafficker. However, a suit can [...]
Teacher Sexual Misconduct: Holding Schools Accountable in District Court
When teacher sexual misconduct occurs at school, federal laws allow parents to hold schools accountable in District Court. Filing Legal Actions for Teacher Sexual Misconduct Under federal law Title IX, public schools that receive federal funding can face legal actions for teacher sexual misconduct. If a child is sexually abused at school by a teacher, school employee, or fellow student, parents may file a lawsuit with a school sexual abuse lawyer holding the school accountable in District Court. Schools are required to protect students while they are on [...]
What You Should Know About Personal Injury Annuities
Personal injury annuities allow plaintiffs to recover their losses over a set period of time which can offer a number of benefits. When a settlement offer is made, the individual’s personal injury lawyer will explain the terms of the settlement and the annuity. This can help the individual with long-term financial planning and make it easier to manage the settlement funds. Annuities are popular and it is estimated that more than $6 billion in new structured settlements are generated each year. How Annuities Work Annuities are similar to insurance products [...]
When Are Schools Liable For Child Sexual Assaults?
When sexual misconduct or assault occurs in a child’s school, victims have legal rights to seek damages against the school and school employees in federal and state civil courts. Sexual Assaults at School In Nevada, statutes clearly define guidelines on school child abuse and neglect including acts of sexual assault, misconduct, exploitation, and sex trafficking. Guidelines stipulate that abuse or neglect of a child can also be caused by acts of school administrators, employees, teachers, and volunteers in a school who are not legally responsible for the welfare [...]
Why Parents Should Sue when Their Kids Are Sexually Abused
When a child is abused or sexually assaulted, parents can file a civil lawsuit to expose the perpetrator and prevent harm to other children who may become victims. Child Sexual Assaults Children who suffer abuse and sexual assault are often victims of sexual predators who have hurt other children. Perpetrators can be punished for their acts in criminal courts, as well as civil courts. If convicted in a criminal court, perpetrators face fines and prison sentences. If convicted in civil court, perpetrators face monetary damages and public exposure [...]
How to Calculate Lost Earning Potential After an Injury
Work-related injuries that result in time away from work, lost wages, and personal injury claims require accurate calculations of current and future lost income. Loss of Earning Potential Following Injuries Work-related injuries, especially in certain occupations, are not unusual, but some can have devasting consequences for a worker’s potential earnings and career path. Serious work injuries often result in temporary or permanent disabilities, vocational rehabilitation to develop new skills, permanent loss of a job, and complete career changes. When a workplace injury occurs, an employee may be away [...]
Personal Injury Lawsuits: Can You Sue After a Product Is Recalled?
If a person suffers injuries from a defective product, he or she can file a personal injury lawsuit against the manufacturer to recover compensation, even if the product has been recalled. Defective Product Recalls In many cases, dangerous product defects do not become apparent to consumers until products are on the market for a period of time and they are purchased and used by many people. Sometimes defective products cause thousands of severe injuries, even deaths, before consumers realize they have been recalled. When a defective product malfunctions [...]
