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Accident

Boat Accidents

Boat Accidents

A boat
accident can be classified by any accident in which one or more marine vessels
is involved. Although boat accidents share many similarities to car accidents,
such as damage and injury sustained as a result of collision(s), boat accidents
possess an added element of danger due to the presence of water. Drowning
accounts for upwards of 7,000 deaths per year. The added danger of drowning in
tandem with physical injury, in addition to property damage, allow for boat
accidents to be some of the most potentially dangerous accidents. However, with
proper training, participation in safety courses, and certification, boat
accidents can be avoided.
 

Types of Boat Accidents

Boat accidents vary from large, commercial vessels
to small, private boats. Furthermore, boating accidents can range from injuries
sustained on cruise ships to those sustained while participating in water
sports, such as water skiing and wakeboarding.
 

While boat accidents can involve both damage and
injury due to collision, the United States Civil Air Patrol unit reports that
upwards of 70 percent of boat accident fatalities result from drowning. Other
causes of boat accidents include improper and/or reckless operation.

DWI Boating Laws: Boating laws involving the
improper operation of a boat while intoxicated mirror DUI laws in their
respective place of operation. For example, in a state where the legal limit is
.08 blood alcohol content (BAC) for the operation of a motor vehicle, the same
applies for the legal operation of a boat. Furthermore, the penalties are
mirrored, as well. Depending on the severity of the boat accident, penalties for
DWI boat accidents can include fines, loss of boating licenses, and jail time.
 

Certifications

Boat Operator’s Certificate/Boat License: The
protocols for legal operation of boats vary from state to state. In certain
states, obtaining a boat license must be achieved through the Marine Services
Bureau, while other states require the acquisition of a boating license through
the Department of Parks and Wildlife. Every state not only maintains a standard
of legal age to operate a boat, but also a regiment of courses and examinations
to earn a boating license. Boat accidents resulting from the improper or
illegal operation of a boat can result in the loss, revocation, or suspension
of a boating license.
 

Boat Operators Insurance: Akin to vehicle
insurance, the operation of a boat requires the owner/operator to possess
insurance. Boating insurance not only covers the owner/operator of a boat, but
also covers damage or injury sustained by, or as a result of, that specific
owner/operator. The operation of a boat without insurance is both unlawful and
illegal.
 

Lifesaving Courses: As previously stated, over 70
percent of fatal boating accidents result from drowning. The completion of a
lifesaving course such a lifeguard certification and/or CPR can prevent
drowning resulting from boat accidents.
 

Safe Operation

Life jackets and life vests
should always be worn by every individual on the boat.

Alcohol – or any other
mind-altering substance – should never be ingested while operating a boat.

In the event of damage or
injury sustained as a result of a boat accident, individuals are encouraged to
consult with legal professionals in order to evaluate the details of their
respective cases. There exist attorneys who specialize in boat accidents.

Gymnastics Accidents

Gymnastics Accidents

Gymnastics
accidents are classified within the scope of athletic, or sports accidents, that
can range in severity. Due to the wide range of gymnastic activities, there
also exist a wide range of potential gymnastic accidents to which gymnasts may
succumb.
 

Danger Latent within Gymnastics


Without proper training – and in certain
cases, even with proper training – gymnastic accidents can take place. Due to
the elevated and aerial motions and maneuvers inherent within the sport itself,
the chances of injuries are heightened. The rigorous expectations and maneuvers
exuded by even the most trained gymnasts can result in gymnastic accidents if
either the timing or placement of such exertions is not perfect. This is not to
say that participation in gymnastics should be avoided. However, the strict
safety precautions instituted by the United States Gymnastic Association (USGA)
must be met in order to reduce the chances of gymnastics accidents.
 

USGA Regulations

Although the parameters and specifications
vary depending on the gymnasium in which gymnastic equipment exists, the USGA
maintains strict requirements for the maintenance, operations, and upkeep of
all professional-grade gymnastics equipment. Furthermore, only padding and
protective gear that has been both endorsed and/or sponsored by the USGA is deemed
acceptable for use in competitive gymnastics.

Type of Gymnastics Accidents

The Pommel horse is considered to be one of the
primary and most recognizable pieces of gymnastics equipment. The Pommel horse
consists of a padded bar that sits atop a metal stand with fitted handles. From
top to floor, a Pommel horse measures 3.77 feet. Gymnastics accidents involving
the Pommel horse have included a gymnast being ejected from the horse and
impact between a gymnast’s body part and the horse. Without proper padding
beneath the Pommel horse, a gymnast is liable to be injured due to slips and
falls from the Pommel horse.

The parallel bars are amongst the most dangerous
of all gymnastics equipment and are responsible for the majority of gymnastics
accidents that take place. Parallel bars measure 6.6 feet from bar to floor and,
as a result, slips and falls resulting from mistakes during routines can result
in injury. Gymnastics accidents involving the parallel bars have included
paralysis, broken bones, and brain injury. Due to their height, gymnasts
without proper training or proper protection are encouraged to avoid
participation in parallel bar routines.
 

The rings are an example of elevated gymnastics
equipment that can sit upwards of nine feet from floor to ring. Akin to the
parallel bars, mistakes in gymnastics routines can lead to serious injury due
to the height of the rings.
 

Gymnastic Accident Precautions and Recourse

Regardless of the level of gymnastic activities,
which can range from physical education in schools to a professional level,
proper precautions must be taken. Not only must the equipment be in proper
working order, but the protective measures must be maintained. Although there
exists inherent risk in the participation of gymnastic activity, injuries
sustained as a result of negligence should be explored and assessed by legal
professionals specializing in such matters.
 

Kitchen Fires: Leading Cause of Fires in Homes

Kitchen Fires: Leading Cause of Fires in Homes

October 7-13 is Fire Prevention Week, and the Consumer Product Safety Commission (CPSC) and the Fire Administration (USFA) have partnered to provide new statistics on home fires in America in recognition of Fire Prevention Week.  The two organizations are encouraging all Americans to install enough smoke alarms in their home and develop an escape plan as well.  

 
According to a new report released by the CPSC on October 9, 2012, about 366,700 “unintentional residential fires” occurred between 2008 and 2010.  These fires caused 2,310 deaths, 12,550 injuries and over $7 billion in property damage.  The top cause of residential fires: cooking equipment. 
 
Cooking equipment caused about 147,400 fires between 2008 and 2010, roughly 40 percent of all the residential fires.  The most people were injured by fires related to cooking equipment as well.  About 27.4 of all fire injuries were caused by cooking fires.  
 
The CPSC reports that heating and cooling equipment was the leading cause of fire death.  The equipment cause about 210 death between 2008 and 2010, and portable heaters caused 100 of these deaths.  
 
CPSC Chairman Inez Tenenbaum stated, “Six people die every day in home fires.  The early warning provided by smoke alarms can make a big difference.  Consumers who have working smoke alarms in their homes die in fires at about half the rate of those who do not have alarms.” 
 
The CPSC and the USFA recommend that homeowners interconnect all of the smoke alarms in the house.  The alarms speak to each other and all go off if there is a fire in one part of the house.  The two organizations recommend installing an alarm on every level of the house and all sleeping areas.  Make sure the alarms are connected to house wiring but have battery backup as well.  
 
Source: U.S. Consumer Product Safety Commission

Traffic Accident

Traffic Accident

What to do in a Traffic Accident

Being involved in a car accident can be a scary and stressful experience. Even minor accidents can cause significant stress and confusion, but it’s essential to stay calm and take the necessary steps to ensure everyone’s safety and well-being. In this article, we will discuss what to do after a car accident to protect yourself, others involved, and your legal and financial interests.

1. Check for Injuries

The first step after a car accident is to check yourself and others involved in the accident for injuries. If there are any severe injuries, call 911 immediately. Do not move any injured persons unless it is necessary to prevent further harm.

2. Move to a Safe Location

If possible, move your vehicle to a safe location away from traffic and out of harm’s way. If the accident is minor, and the vehicle is operable, it is best to move it off the road and onto the shoulder or to a nearby parking lot. Leaving the vehicle in the middle of the roadway can cause further accidents and injuries.

3. Call the Police

Even if the accident is minor, it is always a good idea to call the police. The police can help document the scene, gather information, and file a report. The police report is essential when filing insurance claims and determining liability.

4. Exchange Information

Exchange information with the other driver involved in the accident, including their name, contact information, insurance information, and vehicle details. If there are any witnesses to the accident, ask for their contact information as well. Take pictures of the scene, including both vehicles involved, the damage, and the surroundings.

5. Contact Your Insurance Company

Notify your insurance company of the accident as soon as possible. Your insurance company will guide you through the process of filing a claim and can provide you with a list of documents that you will need to submit. Submitting your claim promptly can help speed up the process and allow you to receive compensation quickly.

6. Seek Medical Attention

Even if you do not think you have been injured, it is best to seek medical attention as soon as possible after an accident. Some injuries, such as whiplash, may not show up immediately but can cause severe pain and damage later on. Seeking medical attention can also provide you with documentation of any injuries sustained in the accident, which can be used as evidence when filing an insurance claim or legal case.

7. Document the Accident

Keep a record of everything related to the accident, including medical bills, police reports, repair estimates, and any other documentation. This record can help you negotiate with insurance companies and can also be used as evidence in a legal case.

8. Consult an Attorney

If you have been injured in an accident, it may be necessary to consult an attorney to help protect your legal and financial interests. An attorney can help you navigate the complex legal process and ensure that you receive the compensation you deserve.

Being involved in a car accident can be a traumatic experience, but knowing what to do after an accident can help protect yourself and others involved. Always prioritize safety and call for emergency services if necessary. Take pictures of the scene and document all details related to the accident. Notify your insurance company and seek medical attention, even if you do not think you have been injured. If an attorney is necessary, choose one with experience in personal injury law to give you the best chance of obtaining a favorable outcome in your case. By following these steps, you can help protect your legal and financial interests while ensuring that everyone involved in the accident receives the care they need.

Traffic accidents are a leading cause of injury and death around the world. While all vehicle accidents are dangerous, there are different types of car accidents that drivers should be aware of. In this article, we will discuss what traffic accidents are and explore different types of car accidents that drivers should be aware of.

What Are Traffic Accidents?

Traffic accidents occur when vehicles on the road collide with one another, causing damage to the vehicles and potentially injuring or killing the occupants. There are many different factors that can cause traffic accidents, including road conditions, driver error, and vehicle malfunction.

According to the National Highway Traffic Safety Administration (NHTSA), there were over 36,000 traffic fatalities in the United States in 2019. Some of the most common types of accidents that contribute to these fatalities are discussed below.

Different Types of Car Accidents for Drivers

1. Rear-End Collisions: Rear-end collisions are one of the most common types of car accidents, occurring when one vehicle collides with the back of another vehicle. This type of accident can be caused by a variety of factors, including driver distraction, following too closely, or sudden braking.

2. Side-Impact Collisions: Side-impact collisions, also known as T-bone crashes, occur when one vehicle collides with the side of another vehicle. This type of accident can be caused by turning without checking for oncoming traffic, running a red light, or failing to yield the right of way.

3. Head-On Collisions: Head-on collisions occur when two vehicles collide head-on, resulting in serious injuries and fatalities. This type of accident can be caused by driver distraction, driving under the influence of drugs or alcohol, or swerving to avoid an object in the road.

4. Rollover Accidents: Rollover accidents occur when a vehicle rolls over onto its roof or side. This type of accident is more common in SUVs and larger vehicles, and can be caused by excessive speeding, tire blowouts, or sudden maneuvers.

5. Single-Vehicle Accidents: Single-vehicle accidents occur when a vehicle collides with an object, such as a tree or guardrail, or overturns without another vehicle being involved. This type of accident can be caused by driver distraction, fatigue, or vehicle malfunction.

6. Multiple-Vehicle Pileups: Multiple-vehicle pileups occur when several vehicles collide with each other, often in a chain reaction. This type of accident can be caused by reduced visibility, bad weather conditions, or sudden stops on a highway.

7. Pedestrian Accidents: Pedestrian accidents occur when a vehicle collides with a pedestrian, resulting in serious injury or death. This type of accident can be caused by driver distraction, failing to yield to pedestrians at crosswalks, or driving under the influence of drugs or alcohol.

Conclusion

Traffic accidents are a serious issue that can result in injuries, death, and property damage. While all accidents are unpredictable, understanding the different types of car accidents and their causes can help drivers stay safe on the road. By following the rules of the road, maintaining their vehicles, and avoiding distractions while driving, drivers can help prevent accidents and keep themselves and others safe. It is also crucial to remember to seek legal and medical assistance in case of a crash.

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A traffic accident is classified as any accident involving motor vehicles, which results in an event that is considered to be in contrast of expected, intended, or routine operation. There exists a flawed definition of traffic accidents as accidents that occur on roadways, yet without the presence of a motor vehicle, these accidents are qualified alternatively – such as pedestrian or bicycle accidents. Although motorcycles and commercial vehicles can be classified within realms of individual legislation, accidents that involve motorized vehicles fall under the scope of traffic accidents.

Types of Traffic Accidents

While traffic accident is a broad term, it allows for the definitive classification of any accident involving a motor vehicle. For example, a car accident involving a driver operating a motor vehicle while intoxicated can be broadly classified as a traffic accident, yet specifically as a DUI accident or car accident.

1. Hit and Run: A hit and run accident is a type of traffic accident that involves contact between a motor vehicle and an additional entity, which can include a motor vehicle, pedestrian, and/or a stationary object. Eponymously, a hit and run traffic accident is classified as being one where any of the motor vehicle operators involved in the accident leaves the scene of the accident prior to legal processing. In the event of a traffic accident, individuals involved can choose to report the accident or handle the matter privately. However, unless the decision for recourse is unanimous, both law enforcement, as well as the insurance companies, will be involved.

Hit and run traffic accidents result in one or more individuals involved in the traffic accident engaging in unlawful conduct. Although the reasons for premature fleeing from the scene of a traffic accident vary, it is considered a serious offense and can render penalties including the loss of driving privileges, heavy fines, or jail time.

2. Driving Under the Influence (DUI) or Driving While Intoxicated (DWI): DUI or DWI is the unlawful operation of a motor vehicle while impaired by a substance. This can result in personal injury, property damage, or fatality. Impaired driving is a punishable offense that, unless proven innocent, results in heavy fines and a loss of license. The severity and frequency of the offense can contribute to jail time. Upon conviction, DUIs and DWIs are considered serious offenses that result in a criminal record.

3. Fender-Benders: “Fender-Benders” are considered to be the most common and least severe type of traffic accident. As the name suggests, these types of traffic accidents result in minor damage to one or both vehicles. These types of accidents include vehicle to vehicle contact at slowed or near-stopped speeds.

Traffic Accident Recourse

In the event of involvement in a traffic accident, an individual is encouraged to obtain documentation of all parties involved in the accident, as well as all documentation detailing the traffic accident. If an agreement cannot be made between the parties involved, an attorney specializing in traffic accidents can assist in the process of obtaining police reports, accident reports, witness testimony, and an assessment of damage and/or injury.

Hunting Accidents

Hunting AccidentsFrequency of Hunting Accidents

According to information released by the International Hunter Education Association, the U.S. and Canada combined see around 1,000 hunting accidents, specifically involving shooting injuries, on an annual basis. Moreover, close to 10% of these hunting accidents end in death. Hunting accidents of this kind most often involve people who are engaged in hunting, but may also involve people who are not hunting at the time.

Notable Hunting Accidents

Interest in the issue of hunting accidents has been sparked and increased, on occasion, in the specific instances in which the circumstances of the particular hunting accident, or the individuals affected or responsible, have drawn public scrutiny. In this regard, probably the most notable of the hunting accidents to have occurred in the 21st century is that of the accidental shooting by then-Vice President Dick Cheney of a 78-year-old fellow hunter in the course of a quail hunt.

Effect of Education on Hunting Accidents

Hunter Education classes have generally been required under U.S. State law in order to hold hunters to the obligation to receive training in the various points required for gun safety and the responsible use of firearms before they can be given legal certification to engage in hunting activities in that State. This measure against the occurrence of hunting accidents may not be required for people born before this law has fully come into effect. According to hunter certification departments, the frequency of hunting accidents has been greatly reduced by the availability and unavoidability of these safety measures.

Effect of Laws and Regulation on Hunting Accidents

Other forms of legislation also generally affect hunting accidents and the frequency with which they occur amidst the population of otherwise legally registered hunters. For one, hunting accidents are generally limited by the imposition of bag limits on hunters, which limits the extent to which hunting can take place in a state. In addition to the avoidance of hunting accidents, these kinds of laws and rules also are generally geared toward such causes as wildlife conservation and the limitation of environmental impact.

Different Kinds of Hunting Accidents

Hunting accidents will generally occur due to shooting incidents, but hunting accidents can also occur in other contexts, such as in the case of bow hunting. Hunting accidents can also include accidents which do not occur due to the wrongful use of weapons, but rather due to vehicular collisions or other kinds of ill-events which might otherwise afflict hunters. Hunting accidents involving firearms can also be separated into those which are self-inflicted and those caused to other people.

Danger Posed by Hunting Accidents

Differing views have been held and propounded as to the scale of the problem and severity of the danger posed by hunting accidents to the U.S. population. To this end, some people have even proposed complete bans on any such activities involving firearm usage in order to prevent any hunting accidents from occurring. However, the majority consensus favors continuing limitation without complete prohibition.

Motorcycle Accidents

Motorcycle Accidents

Danger Posed by Motorcycle Accidents
Motorcycle accidents are generally considered to pose an increased risk for mishaps occurring resulting in injuries and potential fatalities for the rider or any passengers involved in comparison with automotive accidents. As such, motorcycle accidents are a more serious problem in terms of the number of people killed per every unit of distance traveled than those which occur due to car accidents.
In the U.S., verifiable statistics on motorcycle accidents are offered through the particular source of the National Highway Traffic Safety Administration (NHTSA), which demonstrated that in 2006, 55.82 out of every 100,000 instances of motorcycle operation ended in fatal motorcycle accidents, as compared with the rate of 18.06 fatal accidents for every 100,000 instances of automobile operation. 

Long-Term Trends for Motorcycle Accidents
In addition to the data collected by the NHTSA, information as to the frequency with which motorcycle accidents occur and cause death have been collected from the similarly empowered source of the Australian Transport Safety Bureau (ATS). The ATS has found a general increase, consistent across various ages for riders, in the number of fatal accidents which took place between 1998 and 2000. It is also found that fatal motorcycle accidents were almost 30 times more prevalent than other kinds of fatal accidents involving vehicular usage and operation. 
For the United States, meanwhile, the NHTSA has released information reflecting an 8% increase in the number of fatal motorcycle accidents which have occurred in the 2003-2004 time range, according to a report compiled and released in 2005. This last figure indicated that the prevalence of motorcycle accidents had not experienced quite the same degree of increase as in comparison with automobile accidents, with the rate of increase being about 2% less significant. On the other hand, while fatal motorcycle accidents represent 5% of all of the accident-related deaths which occur on the U.S. highway system, motorcycles make up only 2% of all of the motor vehicles owned in the U.S. 

Statistical Reports on Motorcycle Accidents
Two of the most comprehensive and generally applicable studies regarding motorcycle accidents, fatal and otherwise, which have been carried out are reflected in the Hurt Report and the MAIDS report, which are applicable to the territories of the U.S. and Europe, respectively. The Hurt Report study was conducted in 1981, with a regional emphasis on the Los Angeles region. The findings of the Hurt Report as to motorcycle accidents were accordingly used as a basis for further governmental legislation, regulation and enforcement.
The MAIDS report on motorcycle accidents, meanwhile, was carried out in the 1999-2000 time range and was geographically specific to five countries in Europe. The findings of the MAIDS report as to motorcycle accidents generally backed up the earlier conclusions of the Hurt Report in terms of causes and rider behavior.

Oil Spill Accidents

Oil Spill Accidents

1. Oil Spill Definition
Oil spills can be considered to consist of any accident which involves the unlawful, unplanned and human-caused release of a “liquid petroleum hydrocarbon” into the natural environment. That being said, oil spills are most often understood to refer to accidents which occur at sea or by coastlines. Oil spills can be from oceangoing vessels, such as tankers, as well as immobile structures, such as offshore platforms, oil wells, and oil rigs.
Various kinds of oil spills can also differ in terms of the location of the accident, the kind of material involved, such as crude oil, refined petroleum like diesel and gasoline, bunker fuels, and waste oils. The concern felt by people over the impact of oil spills typically derives specifically from the prospect of long-term damage to natural biospheres, as well as any of their inhabitants. 

2. Effects of Oil Spills
Oil spills are perhaps most noted for the destructive effect they can have on a natural ecosystem, but also for the additional effects they can have on the economies of the surrounding areas, including the employment prospects posed by the industries responsible for them. As such, as with the oil spill which occurred in 2010 commonly referred to as the Gulf of Mexico Oil Spill or BP Oil Spill and officially as the Deepwater Horizon Oil Spill, oil spills can cause further financial ill-effects and related possible deteriorations in an individual’s quality of life such that it might provide him or her with the basis for a civil law action. 

3. Legal Ramifications
Oil spills which occur in a U.S. territory and/or affect U.S. citizens or permanent residents come under the coverage of the 1990 Oil Pollution Act. Among other things, this fund establishes the requirement for individuals or organizations responsible for oil spills to create funds for the benefit of all persons or groups adversely affected by oil spills.
In general, claimants for the payment of damages are advised to officially file a complaint as to how they have been affected by oil spills. Moreover, the Oil Pollution Act foresees that complainants should have their claim settled within a 90 day-period. 
Legal actions filed against oil spills can be filed either in the form of claims or class actions. The Oil Pollution Act intended to more efficiently and less wastefully satisfy the legal grievances which commonly stem from oil spills in order both to assure that claimants more swiftly and assuredly receive financial assistance, and also that the legal system is not overburdened by the high volume of cases which can occur.
In this regard, it was noted that the BP oil spill has resulted in a number of individual legal actions, at a number exceeding 130, in addition to the claims more simply filed through the compensation fund established by BP and other companies involved. People can generally receive legal recourse for oil spills if they fit into one or more several categories for people considered to be affected by oil spills. 

Plane Crash Accidents

Plane Crash Accidents

1. Plane Crashes
Plane crash accidents will generally come under the coverage of agencies of the central government of the country in which an accident occurs. In the U.S., two agencies have been empowered with authority over all plane crash episodes, barring any other concern or factor superseding their involvement. These two agencies are the Federal Aviation Administration (FAA) and National Transportation Safety Board (NTSB).
The definition of a plane crash, and the possible responses which can be brought to bear against it, can also be defined according to the U.N.-passed Convention on International Civil Aviation, specifically in Annex 13 of that document. These provisions do not use the “plane crash” language, but rather refer to “aviation accidents and incidents.” As such, a plane crash would refer to the latter such kind of occurrence.
A plane crash which comes under this legal heading would be one which occurs between the time of boarding and disembarking, ends with a fatality or a serious injury, and ends either with the plane involved having been damaged to some degree or completely destroyed.


2. Areas of Law Affected by Plane Crashes
Plane crashes can be responded to according to a variety of different legal measures, depending on which may apply. The manufacturer of the aircraft involved in the plane crash, for one, might be held liable according to rules governing negligence in the creation of the plane as a “product,” or under related rules governing product liability obligations. Personal injury and/or death might also be found to apply to the particular plane crash episode which has occurred.
Rather than the company responsible for initially designing, manufacturing, or equipping the aircraft, a plane crash might instead furnish the complainants with a cause for legal action against the airline, as well as its insurer, as another party which assumed a measure of responsibility for the level of performance of the aircraft.
The damages which might be claimed by complainants in plane crash lawsuits specifically filing over the occurrence of a wrongful death might do so in 1 of 4 possible ways. A plane crash lawsuit might be filed to recover damages based on loss, either of an “economic” or non-economic kind. Moreover, complainants can also file a plane crash-related legal action for punitive damages, seeking to punish the entity claimed or found to be responsible for the wrongful action or omission of action involved, or for survival damages.
The last category for plane crash damages refers to the ability of the wrongful death victim’s next of kin to file suit for the recovery of damages on the basis of the physical and/or mental pain suffered by that relative following the occurrence of the accident and prior to that person’s death.

3. Bringing Suit for a Plane Crash
In general, the field of “aviation litigation,” as it is generally referred, will require the services of a professional legal representative at least with training in this category, and preferably with prior experience.

Roller Coaster Accidents

Roller Coaster Accidents

1. Roller Coaster Accident Lawsuits

The way in which a roller coaster accident can affect someone can vary according to the specific circumstances involved with the roller coaster accident and the degree to which any relevant legal concept with bearing is found to apply to the particular roller coaster accident involved. In general, it is legally advisable that any individual involved in a roller coaster accident, either directly or by virtue of relation to the victim of a roller coaster accident, quickly contact an available, experienced, and otherwise applicable legal representative. 

2. Legal Theories on Roller Coaster Accident Litigation
The concept of “assumption of the risk” is generally considered to at least be potentially relevant to situations when roller coaster accidents are involved. In this regard, some degree of physical jolting and injury occurring can be assumed to be possible. Indeed, some even prefer physical jolting during a roller coaster ride as simply part of the normal operation of a roller coaster. The extent to which the concept of assumption of the risk is considered to limit the scope of permissible legal actions following a roller coast accident will generally vary in the United States from state to state. 
The authority which otherwise would have been exercised by the U.S. Consumer Product Safety Commission over unsafe practices is limited under law, a consideration often referred to as the “roller coast loophole”. In this regard, the 1981 Consumer Product Safety Act only extended oversight powers to Federal agencies in the instances of roller coasters which are moved from place to place, such as in a carnival, and prohibited centrally-directed government intervention from so-called “fixed site” roller coaster attractions.
As such, the ability to take action against roller coaster accidents is stripped from the Federal Government in instances of a roller coaster permanently set in one place. A roller coaster accident which occurs in such a case will come under the jurisdiction of either the municipal or state authority. 


3. Applicable Causes for a Roller Coaster Accident
A roller coaster accident could be caused either by inherent problems with the ride involved or wrongful actions or omissions of action on the part of the people responsible for maintaining and administering the roller coast. Toward the former category, product liability measures can be charged against the company or individual originally responsible for creating the roller coaster involved in the accident. Otherwise, the operator of an amusement park or any of that operator’s employees might also be charged with responsibility for causing a roller coaster accident, such as by the failure to honor agreed-upon or commonly understood safety standards.
Any failure to satisfactorily carry out safety regulations, even if not directly responsible for the roller coaster accident involved, could potentially open up an amusement park operator or equipment provider to the prospect of litigation. Moreover, roller coast accident victims can also suffer as a result of failure to honor obligations.

Young Children Drowning in Tubs and Buckets

Young Children Drowning in Tubs and Buckets

On September 27, 2012, the US Consumer Product Safety Commission to take greater precaution in preventing drowning of young children in homes.  The CPSC reports that drowning in bathtubs, bath seats, and buckets is the number one cause of unintentional deaths for children between 1 and 4 years-old.

 
In a new report issued by the CPSC, it was found that 684 incidents occurred in bathtubs, buckets, bath seats, toilets, and landscaping equipment between 2006 and 2010.  During these incidents, 434 fatalities occurred at an average of 87 per year.  Another 233 injuries occurred, and only 17 incidents had no injuries.  
 
The CPSC reports that 82 percent of the victims during the incidents were under the age of 2 years-old.  81 percent of all the incidents involved a bathtub or a bath product.  The CPSC also reports that 28 percent of the reported fatalities involved a lack of supervision from an adult.  23 percent of the drowning occurred when the young children were left with other children, and 10 percent occurred in a product outside of the home.  
 
Chairman Inez Tenenbaum states, “Too many young children are drowning.  Just as with pools, I urge parents and caregivers to childproof their home and constantly supervise young children around bathtubs, bath seats and buckets.  Taking extra safety steps at home can help prevent a tragic drowning.” 
 
The CPSC recommends the following safety tips: 
 
never leave a young child alone around any amount of water
keep the young children with arm’s reach
if you leave the room, take the child with you
always empty a bucket after using it and put the bucket in a location where the child cannot reach it
never leave a child in the supervision of another child
become an expert in CP
 
Source: Consumer Product Safety Commission