It can happen to anyone: You’re proceeding through an intersection when suddenly your car is hit by another vehicle, causing damage and injury to you and your vehicle. And if that’s not bad enough, the driver of the other vehicle is uninsured. What should you do in such a situation? How will you receive compensation for the damage to your vehicle and the injury to your person?

Uninsured Drivers: The Numbers Are Rising

If you’ve found yourself in such a situation, you are not alone. In the United States, if someone is injured in an automobile accident, odds are about one in seven that the at-fault driver is uninsured. The Insurance Research Council reports that the estimated percentage of uninsured motorists has risen dramatically over the past decade. According to the report, in 1999 12.7 percent of motorists were uninsured. This number jumped to 14.6 percent in 2004. A more recent study by the Insurance Research Council expects the figure of uninsured drivers to jump to a shocking 16 percent in 2010.

What Is an Uninsured Vehicle?

An uninsured vehicle is typically considered one of the following:

•  Vehicles that are not covered in a state that requires automobile insurance
•  Vehicles used in hit-and-run incidents, where the identity of the driver is unknown
•  Stolen vehicles

Who are the drivers of these uninsured vehicles? According to reports, the majority of uninsured drivers tend to be males between the ages of 18 and 29. Many of these uninsured motorists possess only a high school education, and they tend to drive cars over ten years old. But anyone can drive while uninsured. That’s why it’s prudent to familiarize yourself with state laws governing uninsured motorists.

Uninsured Drivers: An Arizona Problem

The number of uninsured drivers in Arizona is estimated to be well over 20 percent and rising. The penalty for failing to carry insurance or proof of financial responsibility in Arizona is tough. Recently the governor of Arizona has enforced a bill which focuses on reducing the number of uninsured motorists on Arizona’s roads. The new bill, HB 2224, decrees that proof of financial responsibility must be carried in the vehicle at all times. This mandatory insurance law in Arizona states that the minimum liability insurance is $15,000 for bodily injury per person, $30,000 to cover bodily injury for more than one person and $10,000 for property damage. Failure to carry proof of insurance can result in a penalty to the driver, which can range from $500 to $1000. The amount fined will be determined by whether the offense is the driver’s first, second or third. The driver’s license and the vehicle’s registration plates can also be suspended for three months for an initial offense and, for a third offense, up to twelve months. Additionally, a driver who possesses three or more violations for not providing proof of insurance within a three year period must submit proof of financial responsibility before the state can restore the person’s driver’s license and registration plates.

While uninsured motorist insurance is not required by law in Arizona, given the number of uninsured drivers on the road, it’s a good idea to carry such insurance. Most drivers carry $15,000 per person or $30,000 per car.

Involved in an Accident Involving an Uninsured Motorist?

Seeking compensation from an uninsured Arizona motorist can be difficult. It’s hard to make a claim against a person with no insurance because typically they don’t possess enough assets to warrant litigation. You can, however, make a claim against your insurance company to recover damages in the case of serious injury. Your insurance company will usually compensate you for the following expenses:

•  Loss of wages
•  Physical and emotional pain, suffering and permanent injury
•  Medical expenses
•  Loss of future earning power

Of course, the damages you recover depend on your policy, but generally you are legally entitled to recover damages if you can prove that the uninsured motorist was at fault in causing your damages or injuries and that the damages can be measured and a certain amount of money will cover their expense. Depending on your policy, you may even be able to acquire compensation for the property damage to your vehicle. If your uninsured motorist coverage does not include property damage, and you do not carry collision coverage, then you’ll probably have to pay out of your own pocket for the damage done to your vehicle by an uninsured motorist.

You can improve your case significantly by being able to provide as many details as possible about your accident. Because it is often hard to retain accurate memories of an accident, keep a running log of details related to your accident. Write down such details as the time of day and week the accident occurred, the name and badge number of the attending police officer, the purpose of your trip and features of the accident location. These details will come in helpful when settling an uninsured motorist’s claim with your insurance company and will ensure that you receive adequate compensation for injuries and damage sustained in the accident.

Contact an Automobile Accident Attorney

Sometimes insurance companies can give you the runaround, making it harder to receive compensation to cover expensive medical and car repair costs. That’s why you should consult an attorney trained in the rules and regulations governing automobile accidents involving uninsured Arizona motorists. Only an automobile accident attorney will be able to determine if your insurance company is liable for the expenses caused by an automobile accident with an uninsured motorist. A lawyer trained in automobile accidents will help get you the compensation you deserve for the injuries and suffering sustained in an automobile accident caused by an uninsured driver.

Elder Abuse: A Common Problem

One of the most prevalent problems in nursing homes is that of elder abuse. It is important then that when you visit a prospective nursing home you look for signs of abuse in the residents. Sometimes these signs will be all too visible, ranging from unexplained bruises and burns to rope marks around the wrists or blackened eyes. Signs of physical abuse can also include the following:

Weight loss or being chronically underweight. In cases involving weight loss, abuse might be to blame. Residents under undue emotional or physical stress frequently suffer weight loss.

Physical discomfort. When discomfort comes as a result of nursing home abuse, the patient may be withdrawn or reluctant to confide in even a trusted adult about the abuse he or she suffered because of feelings of humiliation. They may also have an unexplained venereal disease, or vaginal and anal bleeding.

Unexplained marks on the body or the genital area. These are some of the most common signs of physical abuse. Also, watch out for burns and evidence of pinching in the form of small bruises on the arms or sides of the body. Rope marks, welts, broken eyeglasses, open wounds, cuts and dislocations are other notable signs of physical abuse.

Emotional and Financial Abuse: Know the Signs

While it may be easy to spot the signs of physical abuse on your visit to a prospective nursing home, the signs of emotional and financial abuse are far more difficult to identify. The following signs, however, usually indicate that a nursing home resident is being emotionally and financially abused:

Mental distress. Signs of mental distress, like emotional upset or agitation, may indicate emotional abuse, which can include verbal assaults, insults, threats, intimidation, isolation and harassment.

Financial difficulties. A patient’s financial difficulties may mean that a caregiver in the facility is taking financial advantage of the patient by coercing them to sign over goods and property and authorize withdrawals from bank accounts. Other evidence of possible caregiver financial exploitation include unexplained transfers of the patient’s money to someone outside the family, forged signatures on titles and wills, the inclusion of additional names on the resident’s ATM and credit cards, bills for unnecessary services, and bills going unpaid because of insufficient funds.

Withdrawal from or suspension of normal activities. Withdrawal from normal activities can indicate nursing home abuse. Residents who refuse to join in on group activities may be demonstrating signs of emotional abuse.

Behavior typical of dementia. Rocking, biting or sucking are behaviors associated with dementia, but they are also indicative of possible emotional abuse.

Know Your Rights When Choosing a Nursing Home

If you spot the above signs of abuse on your visit to a prospective nursing home, do not even consider taking a chance and housing your elderly parent there. You do not need to settle for a dangerous and unpleasant nursing home environment. Be proactive and learn about your rights when it comes to nursing home care. Nursing home rights vary by state, but they usually include the following:

• The nursing home resident has the right to live in an attractive, well-maintained environment.
• The nursing home resident has the right to live in an environment that enhances personal dignity, encourages self-determination and maintains independence.
• The nursing home resident has the right to participate in activities that meet spiritual, intellectual and personal needs.
• The nursing home resident has the right to expect effective and expeditious channels of communication between residents and staff.

When you visit a prospective nursing home, look for a clean, cheerful environment. Ask about group activities and request an activities calendar so that you can see how they are scheduled. Talk to the staff and try to determine if they seem happy, or if they are harboring feelings of anger and resentment.

A Victim of Nursing Home Abuse? Consult an Attorney Trained in Nursing Home Abuse

Sometimes, despite our best efforts, our elderly loved ones suffer abuse at the hands of the staff in a nursing home. The best thing you can do in such an event is to contact an attorney trained in nursing home abuse. Only an attorney trained in nursing home abuse can help you with the complex process of filing a claim and receiving an adequate settlement to cover medical costs and help compensate for pain and suffering incurred from the abuse.

Elder Abuse: A Common Problem

Elder abuse in nursing homes happens all too frequently, not just in Arizona but in nursing homes throughout the United States. The elderly are one of the fastest growing segments of the population, representing over 13 percent of Americans. Nationwide, almost half of all nursing home residents have experienced some form of abuse. Such abuse has led to minor injuries in some cases and to death in others.

Unlike physical abuse, which reveals itself in clearly visible signs like unexplained bruises, welts and pressure marks, financial abuse is mostly invisible. The nursing home resident may, however, show some outward signs of discomfort, such as:

• Mental distress: the resident shows signs of emotional upset or agitation
• Withdrawal from or suspension of normal activities: the resident refuses to participate in group meals or hobbies
• Behavior typical of dementia: the resident communicates emotional discomfort through behavioral disorders like rocking, biting or sucking
• Refusal to allow visitors to see the resident alone: the resident has recently become withdrawn and has taken to denying loved ones permission to visit him or her

It’s likely, however, that any abuse suffered by an elderly loved will manifest itself in subtler ways than those described above. A sudden inability to pay bills or reluctance to share financial information with a trusted caregiver, like a spouse, sibling or child, should alert you to the possibility that a nursing home resident has suffered financial abuse.

Arizona and Financial Abuse in Nursing Homes

The state of Arizona has very specific guidelines for dealing with any type of abuse in nursing homes. This is especially helpful in light of the fact that every year Arizona’s Department of Adult Protective Services receives thousands of phone calls concerning elder abuse of one type or another, including financial abuse. Indeed, financial abuse accounts for nearly 20 percent of all nursing home abuse cases in Arizona. The majority of victims of nursing home abuse in Arizona are females age 75 and over.

Residents of Arizona Nursing Homes: Know Your Rights

The Arizona Department of Health Services helps prevent financial abuse in nursing homes by clearly stating the rights of an Arizona nursing home resident. The Arizona Department of Health lists the following nursing home resident basic rights in their consumer guide to Arizona nursing homes:

• A nursing home resident must lead a life of dignity and self-determination
• A nursing home resident has the right to be treated with respect and dignity in full recognition of their individuality
• A nursing home resident has the right to live a life free from interference, coercion and reprisal

The Arizona Department of Health consumer bulletin also outlines a number of other rights, including freedom from intimidation and punishment by seclusion. Additionally, an Arizona nursing home resident should never be punished, threatened, or face discrimination for exercising his or her rights.

Tips For Avoiding Financial Abuse in Arizona Nursing Homes

There are measure you can take to avoid financial abuse in an Arizona nursing home. To help prevent financial abuse in Arizona nursing homes, local Arizona communities are encouraged to:

• Ensure that nursing home facilities coordinate their efforts with law enforcement, adult protection, and regulatory and nursing home advocacy groups.
• Improve work conditions in nursing homes through adequate staffing and enhanced communication between direct care and administrative staff.
• Implement comprehensive screening of job candidates for criminal backgrounds, histories of substance abuse and domestic violence, and anger- and stress-management best practices.
• Enforce mandatory reporting of financial abuse.

Are You a Victim of Financial Abuse in an Arizona Nursing Home?

If a resident of an Arizona nursing home suspects that he or she is a victim of financial abuse, he or she has the right to submit his or her complaints to outside representatives without restraint or intimidation. An abused nursing home resident should be able to contact and receive information from client advocates and to have immediate access to organizations and agencies he or she thinks will prove useful to his or her case. Residents of Arizona nursing homes should not be afraid to keep a log of financial abuse suffered while residing in the nursing home, and they should contact the appropriate agencies and individuals as soon as possible, including an attorney trained in nursing home abuse.

A nursing home abuse lawyer can help you navigate the often complex legal system and assist in the filing of a lawsuit seeking compensation for the financial and emotional damage sustained from the abuse. Because they are specially trained in elder law, which requires a close familiarity with the statutes and regulations of nursing home care, elder law attorneys can ensure you receive the advice and guidance necessary to successfully file a lawsuit in the state of Arizona. Only a nursing home abuse lawyer can ensure you receive adequate compensation for the financial abuse suffered in an Arizona nursing home.

Physical Abuse: A Common Problem in Nursing Homes

Nursing home abuse takes on different forms, but physical abuse is one of the more common types of nursing home abuse. Physical abuse can include striking, pinching, punching, shaking and burning, among other things. Physical abuse in nursing homes frequently manifests itself in the following ways:

1. Unexplained bruises to the body. These are some of the more common signs of physical abuse. Also, watch out for burns and evidence of pinching in the form of small bruises on the arms or sides of the body. Rope marks, welts, black eyes, broken eyeglasses, open wounds, cuts and dislocations are other notable signs of physical abuse.
2. Physical discomfort. When discomfort comes as a result of nursing home abuse, the patient may be withdrawn or reluctant to confide in even a trusted adult about the abuse he or she suffered because of feelings of humiliation.
3. Mental distress. Signs of mental distress, like emotional upset or agitation, may indicate physical abuse.
4. Weight loss or being chronically underweight. In cases involving patient’s weight loss, physical abuse might be to blame. Residents under undue physical stress frequently suffer weight loss.
5. Withdrawal from or suspension of normal activities. Withdrawal from normal activities can indicate nursing home abuse.
6. Behavior typical of dementia. Rocking, biting or sucking are behaviors associated with dementia, but they are also indicative of possible physical abuse.
7. Refusal to allow visitors to see the resident alone. A resident may refuse private visits in order to hide signs of physical abuse.

Physical abuse in nursing homes can also take the form of sexual abuse. Look for unexplained venereal disease and bruises surrounding the genital area.

Neglect: Another Form of Physical Abuse

Because it results in bodily harm, neglect can be also considered a form of physical abuse. Despite being paid to care for their clients, caregivers frequently neglect their elderly or disabled charges or forgo care altogether, thus endangering the lives of their wards. Some of the most neglectful caregivers ignore even a resident’s self-neglect, such as when an elderly or disabled person refuses to perform basic hygiene or take required medications.

To identify nursing home neglect, look for these two tell-tale signs:

• Bedsores. These indicate that the nursing home resident is most likely suffering physical abuse through neglect. Other signs of neglect include dehydration, unsanitary living conditions and unmonitored or untreated health problems.
• Lapses in medication regimen. Signs of not taking required medications usually indicate a larger physical abuse problem: namely, insufficient attention being paid to a resident’s self care. Signs of such neglect include inappropriate or inadequate clothing and a lack of necessary medical aids.

What to Do If You Suspect the Physical Abuse of a Nursing Home Resident

A victim of physical abuse should know his or her rights because physical abuse is punishable by law. Punishments for the physical abuse of elders and disabled people vary by state. As discussed earlier, the signs of nursing home abuse are manifold. It is important to watch for the tell-tale signs of physical abuse. In fact, eight states already require any person to report evidence of nursing home abuse, regardless of whether the individual reporting is a health care professional or not. If you suspect an elderly or disabled person a victim of physical abuse, The National Center on Elder Care suggests you follow these three rules:

• Call 911 if the abuse is life-threatening.
• If the abuse is not life-threatening or immediate, seek the care of a medical profession. Then contact the police or your local elder care services.
• Consult an attorney trained in nursing home abuse.

Physical Abuse in Nursing Homes: Let’s Help Prevent It

Don’t feel helpless in the face of possible nursing home abuse. There are actions that can help prevent physical abuse from taking place in nursing homes. Local communities can help prevent physical abuse by ensuring that nursing home facilities coordinate their efforts with law enforcement, adult protection, and regulatory and nursing home advocacy groups. Nursing home abuse can also be prevented by improving work conditions in nursing homes through adequate staffing and enhanced communication between direct care and administrative staff. Hiring practices in nursing homes should include comprehensive screening of job candidates for criminal backgrounds, histories of substance abuse and domestic violence, and anger- and stress-management best practices. Most importantly, nursing homes should strictly enforce mandatory reporting of physical abuse.

The Importance of Consulting an Attorney in Cases Involving Physical Abuse

Unfortunately, many nursing homes have yet to implement these practices to help prevent physical abuse into their facilities, and many more, despite their professed compliance with regulation, continue to employ caregivers who physically abuse elderly and disabled clients.

Therefore, if you suspect a loved one is a victim of nursing home abuse, be proactive and consult an attorney trained in nursing home abuse. Physical abuse carries with it many invisible costs, such as mental suffering and insecurity of person and belongings. That is why it is important you seek the help of a lawyer trained in the rules and regulations governing nursing home abuse in your state. A nursing home abuse lawyer will ensure you receive the compensation you and your loved one deserve for suffering the pain and sorrow that inevitably results from physical abuse in a nursing home.

If you’ve found yourself the victim of an automobile accident with an uninsured driver, you’re not alone. Across the United States, if someone is injured or killed in an automobile accident, chances are one in seven that the driver at fault is uninsured. What’s more, the Insurance Research Council reports that the estimated percentage of uninsured motorists has risen dramatically over the past decade. In 1999 12.7 percent of motorists were uninsured. In 2004 this figure jumped to 14.6 percent. Rising unemployment rates have only made the problem worse. The Insurance Research Council expects the figure of uninsured drivers to jump to a shocking 16 percent in 2010.

In Washington state nearly 20 percent of the drivers on the road are uninsured. It is no wonder, then, that so many insurance claims involve uninsured motorists.

Who are these uninsured motorists? Typically, they tend to be men between the ages of 18 and 29. Uninsured motorists tend to drive late-model cars. But anyone can be guilty of driving while uninsured. That’s why it’s wise to familiarize yourself with your insurance policy and state laws governing uninsured motorists.

Seeking Compensation from an Uninsured Motorist

Seeking compensation from an uninsured motorist can be difficult because uninsured motorists generally lack enough assets to warrant litigation. But depending on your policy, you may be able to make a successful claim against your insurance company to recover damages in case of serious injury. Your insurance company will typically compensate you for the following expenses:

•  Medical expenses
•  Loss of future earning power
•  Loss of wages

The damages you can recover depend on your policy, but generally you are legally entitled to recover damages if you can prove that the uninsured motorist was at fault in causing your damages or injuries, and that the damages can be quantified and a specific amount of money can be issued to cover their expense.

Sometimes insurance policies will even cover property damage to your vehicle. But if your uninsured motorist coverage does not include property damage, and if you do not carry collision coverage, you’ll most likely have to pay out of your own pocket for the damage done to your motor vehicle by an uninsured motorist.

Who Else Is Covered by Uninsured Motorist Insurance?

Most uninsured motorist insurance will pay up to your policy’s uninsured motorist’s limits for injuries caused to the following parties:

• You while driving or riding in the vehicle named in your policy, while riding or driving in any vehicle you do not own, or while a pedestrian
• Any relative who resides with you and is injured in the motor vehicle named in your policy
• Anyone else riding in or driving your insured vehicle with your permission
• Anyone riding in a vehicle you are driving but do not own

Washington Uninsured Motor Vehicle Accidents

Washington state statutory laws require insurers in Washington to offer uninsured motorist insurance to anyone purchasing liability automobile insurance. The purpose behind uninsured motorist laws in Washington is to ensure a source of recovery for personal injuries following an automobile accident when the party responsible for the accident does not provide adequate protection.

Washington state requires that all drivers carry motor vehicle liability insurance coverage of not less than $25,000. The laws governing uninsured motorist insurance require that the insurer offer uninsured motorist coverage of not less than $25,000. If the insured is purchasing a higher amount of liability insurance than the statutory minimum of $25,000, then the insurance company must offer uninsured motorist coverage with limits of the same amount no matter how much that amount is.

A resident of Washington has the right to forgo uninsured motorist insurance. If an individual decides to do so, he or she risks being without adequate resources should they become involved in an accident with an uninsured motorist. That’s why it is best to purchase uninsured motorist insurance when deciding on your automobile insurance policy.

Seven Rules to Follow for an Accident Involving an Uninsured Motorist

Should you find yourself involved in a motor vehicle accident with an uninsured motorist, these seven rules will see to it that you have enough evidence to file a successful claim with your insurance company.

1. File a police report
2. Seek medical attention
3. Remain at the scene of the accident
4. Exchange driver’s license and vehicle registration information with the other motorist. Make sure to write down the motorist’s name, address, telephone number, date of birth, driver’s license number and expiration date, and make sure you write a description of the other vehicle (make, model, license plate number, expiration date and vehicle identification number).
5. Take as many pictures as you can of the crash scene and any additional property damage.
6. Take down the names and contact information of any witnesses.
7. Never admit fault at the scene of an accident.

It is difficult to retain accurate memories of an automobile accident. It is therefore important that you keep a running log of details related to your accident. Write down such details as the time of day and week the accident occurred and specific features of the accident location. These details will come in helpful when settling an uninsured motorist’s claim with your insurance company.

Involved in an Accident With an Uninsured Motorist?

Though your insurance policy may seem fairly straightforward, many times insurance companies will attempt to find loopholes which allow them to deny or limit coverage. That’s why it is important that you seek the help from an attorney trained in the rules and regulations governing automobile accidents involving uninsured drivers. Only an attorney trained in automobile accidents will be able to successfully navigate the often complex legal process of filing an insurance claim in Washington state. Make sure you receive the compensation you deserve for the pain and suffering caused by an uninsured motorist; contact a Washington automobile accident lawyer today.

But one of the most invisible and insidious forms of nursing home abuse plaguing residents of Washington nursing homes is financial abuse.

Financial abuse in Washington state nursing homes is, sadly, a common occurrence. Unauthorized bank account withdrawals, forged signatures on deeds or wills, mysterious charges on credit card statements: all these things are disturbing signs of potential financial abuse. And more often than not your elderly loved one will be reluctant to inform you of the abuse he or she is suffering for reasons of embarrassment or fear. It is therefore important that you learn to identify the signs of financial abuse.

Elder Abuse: The Shocking Statistics

Elder abuse is a growing problem not only in Washington state nursing homes but in nursing homes across the United States. The elderly comprise over 13 percent of the population. Nationwide, almost half of all nursing home residents have experienced some form of abuse. This abuse has led to countless injuries and even a number of fatalities.

Unlike physical abuse, which reveals itself in clearly visible signs like bruises, burns and broken personal effects, financial abuse is mostly invisible. The nursing home resident may show some outward signs of emotional discomfort, such as:

• Withdrawal from or suspension of normal activities (Does the resident refuse to participate in group meals or hobbies?)
• Mental distress (Is the resident showing signs of emotional upset or agitation?)
• Behavior typical of dementia (Is the patient communicating emotional distress through behavioral disorders like rocking, biting or sucking?)
• Refusal to allow visitors to see the resident alone (Has the resident recently become withdrawn or reluctant to visit with loved ones?)

Chances are, however, that signs of nursing home resident financial abuse will be somewhat less obvious than those listed above. You will therefore have to exercise greater vigilance in order to detect less obvious evidence of financial abuse. Examples of such less obvious evidence are a sudden inability to pay bills or to secure personal necessities.

Financial Abuse and Washington State Nursing Homes

The state of Washington outlines specific guidelines for what constitutes nursing home abuse, whether that abuse be physical or financial, with respect to a vulnerable adult. Washington state defines a vulnerable adult as:

• An adult with a developmental disability
• A person over the age of 60 who lacks the functional, physical or mental ability to care for him or herself
• An adult, living either in his or her own home or in a family member’s home, who receives services from an agency or contracted individual provider

Washington state law decrees that any person guilty of abusing a vulnerable adult is subject to punishment by law. Any person who witnesses such abuse, but knowingly fails to report it, can be found guilty of a gross misdemeanor.

Are You a Victim of Nursing Home Financial Abuse?

If a resident of a Washington nursing home suspects he or she is a victim of financial abuse, he or she has the right to submit his or her complaints to outside representatives without restraint or intimidation. An abused nursing home resident should be able to contact and receive information from client advocates and to have immediate access to organizations and agencies he or she thinks will prove useful to their case. Residents of Washington nursing homes should not be afraid to keep a log of financial abuse suffered while residing in the nursing home, and they should contact the appropriate agencies and individuals as soon as possible, including an attorney trained in nursing home abuse.

Consult an Attorney Trained in Nursing Home Abuse

The financial abuse of a nursing home resident is a profoundly disturbing event. But you can be proactive and seek the services of a lawyer trained in the field of nursing home abuse. A nursing home abuse lawyer can help you navigate the complexities of the legal system and assist in the filing of a lawsuit suing for the financial and emotional damage sustained from financial abuse in a nursing home. Because they are specially trained in elder law, which requires a close familiarity with the statutes and regulations of nursing home care, nursing home abuse attorneys can ensure you receive the advice and guidance necessary to successfully file a lawsuit in the state of Washington. Only a nursing home abuse lawyer can ensure you receive adequate compensation for the financial abuse suffered in a Washington nursing home.

Defective consumer products fall under product liability laws. The United States outlines four claims commonly associated with product liability: negligence, strict liability, breach of warranty, and consumer protection claims. Each type of liability claim requires that certain conditions be established before the claim can be considered successful. Section Two of the “Restatement (Third) of Torts: Product Liability” outlines three major liability claims: “Manufacturing defects,” which cover those defects which occur during the manufacturing process; “Design defects,” which entails defects that may be attributable to inherently dangerous or useless design; and “Failure to warn defects,” which address those defects that elude the consumer’s awareness because of inadequate warning about potentially dangerous, yet not obvious, components of a product.

Breach of Warranty Claims: A Common Type of Product Liability

Let’s take a closer look at one of the claims most commonly associated with product liability for the average consumer: Breach of warranty. Breach of warranty contains four types of breach of warranty-based product claims:

1.  Breach of express warranty
2.  Breach of an implied warranty of merchantability
3.  Breach of an implied warranty of fitness for a specific purpose
4.  Breach of an implied warranty of habitability

You’ve probably encountered warranties before while purchasing a big-ticket item like a television or car. Warranties are statements by a manufacturer or seller about the product during a commercial transaction. It stands then that these statements must live up to their promises. When you get involved in a warranty dispute, the negotiations require privity–or direct interaction–between the wronged party and the manufacturer or seller of the defective good.

Washington’s Products Liability Act

Washington state has adopted a consumer friendly approach for dealing with injuries and deaths resulting from defective consumer products. This consumer friendly approach is set out in the Washington Products Liability Act. This act outlines a legal set of rules concerning responsibility for the manufacture and sale of defective and dangerous consumer products. The act essentially outlines rules and regulations that make it easier for the victim of a defective consumer product to recover damages.

The Washington Products Liability Act outlines two methods for determining whether or not a consumer product is dangerous. The first method asks if the product meets the ordinary expectations of the consumer. If the product is defective and/or dangerous, then the product does not meet the ordinary expectations of the consumer.

Other factors considered when determining if a product meets the ordinary expectations of the consumer are: Likelihood of causing injury, the nature of the product, the cost of producing the product and the cost of eliminating or minimizing the risk.

The second method determines risk and utility. Several factors are considered when determining whether a manufacturer or seller is liable. The following questions are considered when determining the risk and utility of a consumer product: What is the likelihood that the product will cause injury or damage similar to that claimed by the plaintiff? Did the seriousness of the injury exceed warnings placed on the product by the manufacturer? Could the manufacturer have even provided adequate warning for the consumer product?

Under this act the following parties could be responsible for a defective consumer product: The product manufacturer, the manufacturer of component parts, the wholesaler and the store that sold the product to the customer. The statute of limitations on these types of claims can run as long as 12 years.

Victim of a Defective Product? Consult a Product Liability Attorney

Breach of warranty is just one type of product liability claim; there are many others. If you find yourself the victim of a defective product, familiarize yourself with consumer protection laws and seek legal counsel. Only a lawyer trained in product liability law will be able to help you navigate the often complex process of filing a product liability claim, ensuring you receive adequate compensation for any pain and suffering incurred from a defective product.

Automobile accidents can happen to anyone. You’re driving through an intersection when suddenly your car is hit by another vehicle, causing extensive damage to your car and bodily injury to yourself. But what happens if the motorist at fault is uninsured? How do you receive adequate compensation for the damage and injury caused by the accident?

It literally pays to consider these questions because uninsured motorists are everywhere. If someone is injured in a motor vehicle accident in the United States, odds are roughly one in seven that the at-fault driver is uninsured. And the numbers just keep rising. The Insurance Research Council reports that the estimated percentage of uninsured motorists has risen dramatically over the past decade. In 1999, 12.7 percent of motorists were uninsured; this number is expected to jump to 16 percent in 2010.
Uninsured Motorists in California.

Uninsured motorists are of special concern to residents of California. Over a quarter of the drivers on California’s roads are uninsured. This means your chance of being involved in an automobile accident with an uninsured motorist in California is shockingly high. Indeed uninsured or inadequately insured drivers cause nearly one out of every two car accidents.

California law requires anyone who operates a motor vehicle on the public streets or highways to bear some form of financial responsibility. For the majority of drivers the financial responsibility requirement is satisfied by maintaining automobile liability insurance. Drivers must show evidence of automobile insurance coverage in order to register their motor vehicle with the Department of Motor Vehicles.

Uninsured motorist coverage is a part of almost every automobile policy sold in California. In fact, your insurance company is required by law to include uninsured motorist coverage as part of every automobile policy written, unless you explicitly decline it in writing.

Uninsured Motorist Coverage: Who Is Covered?

When you purchase uninsured motorist coverage as part of your policy, it grants coverage to you and all members of your family who reside in your household. Uninsured motorist coverage also typically includes any children who do not reside in your household.

Uninsured motorist coverage also covers other passengers in your car, as well as other people driving your car with your permission. What’s more, uninsured motorist coverage will make you eligible for benefits even if you weren’t an automobile driver or passenger. You also will be eligible for benefits if you are involved in an accident as any of the following:

•     A pedestrian
•     A bicyclist
•     A motorcyclist
•     A bystander

As long as the motorist who caused your injuries was uninsured and you have uninsured motorist coverage, you are eligible for compensation from your insurance company.

However, there is no minimum coverage amount by law. Many policies have $100,000 per person and $300,000 per accident as the coverage limit, though. The specific terms of each policy determine the actual coverage.

Three Types of Uninsured Vehicles

There are three types of vehicles that fall under the category of “uninsured.” These are:

1.     Vehicles that are not covered by insurance in a state that requires automobile insurance;
2.     Vehicles used in hit-and-run incidents, where the identity of the driver is unknown; and
3.     Stolen vehicles.

The Top 10 Things To Do If You Are In A Car Accident

If you are in an accident with a motor vehicle, make sure you do these 10 things:

1. Most importantly, if you or a passenger is able to, use your cell phone’s notes feature to record statements of anyone at the scene, especially the driver you believe to be at fault.
2. Seek medical attention. If you are injured, immediately visit an emergency room. Emergency room reports of your injuries will be essential in determining the amount of compensation you may receive from an insurance claim. Make sure medical reports are as detailed and accurate as possible;
3. Remain at the scene of the accident;
4. File a police report;
5. For each driver involved, write down the driver’s name, address, telephone number, date of birth, driver’s license number and the expiration dates of their driver’s license and vehicle registration;
6. Take pictures of all driver’s license, registration and insurance cards;
7. Take pictures of the accident scene;
8. Take pictures of the other vehicles, including their license plates and vehicle identification numbers;
9. For each vehicle involved, write down the make, model, license plate number and vehicle identification numbers; and
10. Write down the names and contact information of any and all witnesses.

Your insurance company expects you to provide them with as many details about the accident as you can. Because it is often hard to retain accurate memories of an accident, it’s important that you keep a running log of the details related to your accident.

Involved in an Accident with an Uninsured Motorist? Contact an Attorney

Filing an insurance claim for an accident in California involving an uninsured motorist can be an often complicated and frustrating experience. Insurance adjusters usually have no specialized legal or medical training and therefore are likely to underestimate the amount of compensation due to you for your injuries and damages.

That is why it is important for you consult with an attorney trained in the rules and regulations governing automobile accidents involving uninsured drivers. Only an automobile accident lawyer can ensure you receive the compensation you deserve for injuries sustained in an accident involving an uninsured driver. If you or a loved one has been involved in an automobile accident involving an uninsured driver, contact your local automobile accident attorney today.

But sometimes operators of watercraft are negligent, and their negligence results in serious injury, even fatalities. In 2008, boating ac cidents resulted in 54 million dollars worth of property damage. Collisions with other vessels, by far the most common type of boating accident, accounted for 1,237 incidents. More seriously, however, is the fact that 3,331 injuries and 709 deaths resulted from these accidents. The most common types of watercraft involved in past boating accidents were open motorboats (43 percent), personal watercraft (23 percent), and cabin motorboats (15 percent).

The causes of these boating accidents were mainly attributable to the following factors:

•  Excessive speed
•  Machinery failure
•  No proper lookout
•  Operator inattention
•  General carelessness

Boating while under the influence of alcohol is the leading contributing factor in both serious and minor boating incidents. In fact, the U. S. Coast Guard lists alcohol as the leading factor in 17 percent of boating accidents.

Adults aren’t the only ones injured or killed in boating accidents: In 2008, 11 children under the age of 13 lost their lives while boating, and of these 11, seven died from drowning, an unfortunately common outcome to a boating accident. Overall, two-thirds of boating accident victims drowned, and of those, 90 percent neglected to wear a life jacket.

Involved in an Arizona Boating Accident? File an Accident Report

Federal law (33 CFR Part 173; Subpart C—Casualty and Accident Reporting) requires that victims of boating accidents file a report with the nearest state boating authority. Boating accidents should be reported within 48 hours in the event that:

•  A death occurs within 24 hours of the accident
•  An injury results that requires medical treatment beyond first aid
•  A person disappears from a vessel under circumstances that point to death or injury
•  Damage to vessel results in more than $2000.00 worth of damage or in a total loss.

If the operator of the vessel is deceased or unable to file a report, the owner must file the boating accident report. Federal law dictates that the reporting authority can be the state where the accident occurred, the state in which the vessel was numbered, or, if the vessel does not have a number, the state where the vessel was mostly utilized. The Coast Guard requires that a report be filed in the event that:

•  A boater falls on, in or overboard a vessel
•  A vessel runs aground, capsizes, sinks or floods
•  A boater is ejected from a vessel
•  A fire or explosion happens aboard a vessel while underway
•  Anyone is exposed to carbon while aboard a vessel
•  Anyone is electrocuted as a result of a stray current related to a vessel
•  Anyone dies as a result of such natural phenomena as shark attacks, rogue waves and the like
•  Anyone perishes while swimming from a vessel that is not moored

In the case of more minor accidents, a report must be made within ten days of the occurrence if there is damage to the property or vessel.

Boating Rules and Regulations: Arizona

The state of Arizona has its own specific regulations in regard to boating accidents. According to the Arizona Handbook of Boating Laws and Regulations, owners of watercraft are required to secure an Arizona Certificate of Number (registration number) and registration decals to operate, moor, or anchor a vessel legally in Arizona.

The Arizona Department of Game and Fish defines watercraft as any boat designed to be propelled on water by machinery, oars, paddles, or wind action upon a sail. All such watercraft must be equipped with U.S. Coast Guard approved flotation devices, including life jackets for each person on board. Arizona law dictates that the life jackets must be in serviceable condition and fit the intended wearer.

According to the Arizona Game and Fish department, the event of a boating accident obliges a watercraft operator to perform the following actions:

•  The operator of any watercraft involved in an incident resulting in injury or property damage must immediately stop the watercraft, offer his or her name and address, and the name and address of the watercraft’s owner, to the injured party.
•  The operator of watercraft involved in a boating accident must render reasonable assistance and report the boating accident to the nearest law enforcement agency.
• The operator must file a report directly to the Arizona Game and Fish department within 48 hours if the injury resulted in a fatality.
•  If the boating accident resulted in any injury beyond first aid or property damage of more than $500.00 then the operator must file a report with the department within five days.

Arizona law dictates that all peace officers of the state, counties, and cities shall enforce all boating laws and regulations. The Arizona Revised Statutes, Title 5, states that an officer may issue a warning order or a citation, and order the operator of the water vessel ashore to rectify the violation.

Consult an Attorney Experienced in Boating Law

Boating accidents can result in life-altering injuries and steep medical bills. Because most boating accidents are the result of negligence, familiarity with state and federal laws governing boating accidents is extremely important. If you are involved in a boating accident, make sure to file a report as soon as possible and consider consulting an attorney trained in boating accident law. A boating accident attorney can help you navigate the often complex process of filing a claim and receiving the settlement you deserve.

Types of Claims

U.S. Courts typically recognize negligence, product liability, breach of warranty and certain consumer-protection claims. Each type of claim has certain requirements which must be met to place liability on a party.  Let us look at each individually.

A.  Negligence

Negligence constitutes a part of claims related to yet another form of product liability. A claim based on negligence requires that the following elements be proven:

1.  A duty was owed by the defendant to the plaintiff;
2.  Defendant breached such duty; and
3.  The breach caused actual injury to the plaintiff.

B.  Product Liability

Section Two of the Restatement (Third) of Torts provides three main types of defect claims:

1.  A defect attributable to the manufacturing process is known as a manufacturing defect.
2.  A defect attributable to a dangerous or obsolete design is known as a design defect.
3.  Any defect of an unapparent yet dangerous sort that causes a consumer injury because the manufacturer neglected to provide adequate warning is known as a failure to warn or marketing defect.

C.  Breach of Warranty: The Basics

Product liability also includes breach of warranty. A warranty is a statement by a manufacturer or seller about the product during a commercial transaction. A warranty dispute may require what is known as “privity” which is direct interaction between the injured party and the defective good’s manufacturer or seller.  Claims based on breach of warranty break down into four types:

1.  Breach of express warranty. An express claim about a product by the manufacturer.
2.  Breach of implied warranty of merchantability. An implied warranty common to all products, unless  stated otherwise by the manufacturer or seller.
3.  Breach of warranty of implied fitness for a specific purpose. An implied warranty in which a buyer relies on the seller to select a good fit to a specific request.
4.  Breach of implied warranty of habitability. An implied warranty of habitability concerns residential property and involves a lessor’s promise that the property is fit for human habitation and will remain so for the duration of the lease.

D.  Consumer Protection in California

California’s consumer protection laws are among the strongest of all U. S. states. The California Department of Consumer Affairs (DCA), which operates under the auspices of The California State and Consumer Services Agency (SCSA), works on behalf of California consumers to promote sound business practices and to discourage unscrupulous behavior on the part of manufacturers and merchants.
The DCA deals with issues such as those related to California’s Lemon Law. Briefly, this law provides that if the manufacturer or dealer cannot repair a serious warranty defect in your vehicle after a “reasonable” number of attempts, the manufacturer must either replace the vehicle; or refund its purchase price (whichever you prefer).

A “reasonable” number of repair attempts is not set by law.  However, California’s Lemon Law Presumption contains the following guidelines for determining when a “reasonable” number of repair attempts have been made:

1. The manufacturer or dealer hasn’t fixed the same problem after four or more attempts; or
2. Your vehicle’s problems could cause death or serious bodily injury if it is driven and the manufacturer or dealer has made at least two unsuccessful repair attempts; or
3. The vehicle has been in the shop for more than 30 days (not necessarily in a row) for repair of any problems covered by its warranty.

Strict Liability

Any product liability claim which focuses exclusively on the product rather than negligence on the manufacturer’s part is a claim of strict liability. Even if no evidence of negligence on the manufacturer’s part is proven, strict liability law can hold the manufacturer responsible for injury to a plaintiff. Product liability lawsuits usually rely on strict liability.

Strict liability also permits buyers and other interested parties to sue for damages suffered as a consequence of being injured by a defective product. In fact, even if a seller has exercised all possible care in the preparation and sale of a product, the seller may be held liable for damages.

However, elements of negligence law have been incorporated into California strict liability law including a risk/benefit doctrine (see Merrill v. Navegar, Inc. (2001) 26 C4th 465). For example, a plaintiff may base a claim on a defect in either the design or manufacture of a product (Soule v. General Motors Corp. (1994) 8 Cal.4th 548). In a strict liability action based on defective design, “a product is defective either (1) if the product has failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner, or (2) if the benefits of the challenged design do not outweigh the risk of danger inherent in such design (Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413)

Mitigation

Plaintiffs also are required to mitigate damages in tort cases.  What this means is Plaintiffs must make reasonable efforts to reduce the amount of damage caused by Defendants.

Comparative Negligence

Note that plaintiffs may be found to have contributed to the damage claimed.  In some states, a finding of negligence on the Plaintiff’s part can bar such plaintiff’s recovery completely.  However, California is a pure comparative negligence state.  This means that even if a plaintiff is over 50% at fault, such plaintiff still is permitted to recover damages in California.

Victim of a Defective Product? Hire a Product Liability Attorney

If you find yourself the victim of a defective product, file a claim as soon as possible. California imposes a statute of limitations, which limits the time you have to sue for product liability. A claim will be denied after this period, its validity notwithstanding. Many states do, however, have some form of “delayed discovery” rule, which stipulates that the statute does not begin to run until the plaintiff’s injury is discovered. California’s statute of limitations is two years with discovery.

Two years may seem like plenty of time. But why chance it? An attorney trained in California product liability law can help you receive the justice you demand and the compensation you deserve.