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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 ā€œplane crashā€ language, but rather refer to ā€œaviation accidents and incidents.ā€ 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 ā€œproduct,ā€ 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 ā€œeconomicā€ 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 victimā€™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 personā€™s death.

3. Bringing Suit for a Plane Crash
In general, the field of ā€œaviation litigation,ā€ 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 ā€œassumption of the riskā€ 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 ā€œroller coast loopholeā€. 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 ā€œfixed siteā€ 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 operatorā€™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.

Train Accident

Train AccidentA train accident is classified as any accident that takes place involving a train, locomotive, subway, or other regulated vehicle designed to operate on a railway system. The fact that trains are confined to tracks allows for their use to be both some of the most direct means of transport, as well as some of the most complex. Unlike free-wheeled vehicle, such as a car or a bicycle, a train cannot rotate or alter the direction in which it travels. Yet, a train can alter the speed and velocity in which it travels, as well as move backwards or forwards.

Types of Train Accidents

There are two primary types of train accidents: operational train accidents and external train accidents. Furthermore, trains, regardless of function, must possess insurance and liability in the event of an accident and/or malfunction. The possession of insurance is a legal imperative for all trains ranging from commercial trains to commuter trains.

1.Operational Train Accidents are classified as train accidents that occur as a result of negligence on the part of any or all operators of a given train:

Navigational train accidents are the result of negligence and/or malfunction on the part of those employees responsible for guiding the train(s), which includes the failure to switch tracks, alert the conductor of upcoming rail traffic, and flawed routing. Furthermore, the malfunction of bridges, gates, and cautionary measures that alert motorists, pedestrians, and other entities from crossing the trainā€™s path are the responsibility of the train company.

Mechanical train accidents are the result of uninspected machinery, faulty parts, incomplete inspections, and unchecked or unhindered tracks. Employees responsible for the maintenance and upkeep of both the train, as well as the tracks utilized by the train, must adhere to the inspection regulations set forth by the Department of Transportation (DOT).

Functional train accidents result from negligent or flawed operation of the train itself, which is most often the responsibility of the train crew. An example of functional train accidents include distracted and/or reckless operation of the train. Train personnel must be trained according to the specifications set forth by the DOT and adhere to the operational protocol set forth.

2.External train accidents are classified by unpreventable and/or anomalous occurrences that are not the liability of the train company. In the event that the train, its mechanics and tracks are in working order, external forces causing or contributing to a train accident can be assessed by investigators and other law enforcement personnel. Examples of external train accidents include the failure of individuals to adhere to train crossing warnings and/or unlawful entry onto railroad tracks.

Recourse for Train Accidents

Train operators must adhere to a strict code of operations. Commercial trains must operate safely within the scope of their surroundings. Commuter trains must operate in a safe manner that protects the health and well-being of its passengers. In the event of a train accident, an attorney specializing in transportation codes, regulations, and operations can assist in the investigation of case details reflecting a train accident.

Trampoline Accidents

Trampoline Accidents

Trampoline accidents are classified as recreational ā€“ and at times, sports accidents ā€“ that involve one or more individualā€™s use of a trampoline. A trampoline is one of the primary examples of sports equipment that can result in injury in the event of improper and unsafe usage. Statistics illustrate upwards of 85,000 trampoline accidents occurring per year in the United States, with upwards of 90 percent of those accidents resulting from home trampoline use. 

What is a Trampoline?
Varying in size and shape, a trampoline is a piece of equipment that is used to extend the velocity and height jumps and leaps performed by an individual. A trampoline consists of durable, elastic material pulled taut across the surface area of the trampoline, which is then stabilized by springs. These springs allow for added elasticity. The surface of the trampoline is mounted atop a stand that can vary in height, depending on the size of the trampoline. 


The Danger of Trampolines
Once an individual bounces on the surface of a trampoline, the exaggerated, elasticity maximizes the height, power, velocity, and speed to an individualā€™s natural jumping ability. Those individuals who are unpracticed or unfamiliar with the mechanics and physics of trampolines run a risk of having a trampoline accicdent.

Preventing Trampoline Accidents
Although trampolines can provide a great deal of fun and enjoyment for those using them, improper trampoline use can have tragic results. Prior to using a trampoline, the owners are encouraged to ensure the integrity of its construct. The following are some precautionary steps that can be taken in order to avoid trampoline accidents:
Ensure that the purchase of a trampoline has been made from a reputable distributor and/or manufacturer that ensures that quality, integrity, and reliability of their products.
Ensure that the trampoline includes notification that it has been tested and inspected in accordance with Federal, legal, and commercial standards.
Ensure that the trampoline possesses a warranty that explains the legal process of its use; this includes liability and user responsibility.
Ensure that the enclosed instructions are read and understood by all individuals using the trampoline; pay close attention to any warnings, suggestions, and tips offered by the manufacturer.
Ensure that a medical professional has confirmed that the individuals using the trampoline are in sound physical condition to safely use a trampoline.
Ensure that there exists regulated and approved padding surrounding the perimeter of the trampoline in order to reduce the risk of trampoline accidents.
Ensure that the proper safety and protective gear is worn by all users.

Trampoline Accident Recourse
If confusion exists regarding the use and/or process of the trampoline in question, an individual is encouraged to consult with an attorney prior to its usage. An attorney specializing in liability, personal injury, accidents, and consumer laws will provide assistance in clarifying the liability of the manufacturer in the event of a trampoline accident. 
However, an attorney should be contacted subsequent to any trampoline accidents in order to assess liability, personal injury, and to provide legal review of the case details.

Skateboarding Accidents

Skateboarding AccidentsSkateboarding Accidents Lawyer

Reasons for Hiring Skateboarding Accidents Lawyers

The personal injury damages which may be due to the victims of skateboarding accidents can be argued for and potentially released based on the advocacy services provided by skateboarding accidents lawyers. A skateboarding accidents lawyer may or may not be a specific practitioner within this sector of personal injury law.

In any event, a skateboarding accident lawyer may be able to provide victims of skateboarding accidents with the ability to recover compensation for the pain and distress they have suffered, as well as the financial recovery to compensate for expenses incurred from receiving medical care and lost wages due to physical injuries.

Civil Actions Transacted by Skateboarding Accidents Lawyers

The particular kind of legal motion allowed for by a skateboarding accidents lawyer unfolds within the larger administrative context of the system of civil law, which involves one of two primary sectors in the U.S. justice system. As such, the field for civil law practitioners can be contrasted with the other area, which is reserved for the criminal justice system.

Difference Between Civil and Criminal Law

Whereas civil law is concerned with the transactions and challenges which occur between individuals or groups considered private entities under the U.S. legal system, criminal law involves the Government bringing complaints for statutory violations against individuals subject to those laws. As a civil law practitioner, a skateboarding accidents lawyer does not have the ability to consign a defendant who is found liable through the persuasive power of his or her argument to a term in prison.

Skateboarding Accidents Lawyers as Trial Lawyers

A skateboarding accidents lawyer might be referred to as a trial lawyer. This term, and the way in which it is used, is fairly unique to the U.S. legal system and may carry loaded connotations and even a tinge of disapproval depending on the particular individual who uses it.

Definition of Trial Lawyers

For one, trial lawyers do not, as defined in this way, include all legal representatives who argue a case before a court of law. Rather, trial lawyers, as understood in this way, are legal professionals who specialize in recovering damages for clients claiming wrongdoing or negligence on anotherā€™s part, and who do so through the threat or accomplishment of court proceedings. As this suggests, a trial lawyer may be able to deliver satisfactory results to the plaintiff without the necessity of actually going through an entire trial. Skateboarding accidents lawyers, thus acting in this way as trial lawyers, will commonly secure settlements, rather than court verdicts, for the benefit of their clients.

Factors to be Cited by a Skateboarding Accidents Lawyer

A skateboarding accidents lawyer might press for damages on behalf of the particular client involved in a case on the basis of several varying types of damages. For one, skateboarding accidents lawyers could press for compensation for the pain and distress resulting from the skateboarding accident. Alternately, a skateboarding accidents lawyer could also press the suit on the basis of the medical bill payment required, or the wages denied.

Horse Accidents

Horse AccidentsFactors in Horse Accidents

Horse accidents can readily occur due to the combination of the riderā€™s high elevation from the ground and the rapid pace of the horse. Riders can fall up to 13 feet in a horse accident, while the speed of their steed can get up to 40 mph. Another factor contributing to horse accidents and the resulting painful and debilitating injuries to the riders is the comparative lack of intelligence on the part of horses compared with other mammals such as dogs, combined with their large size. Horse accidents can cause death or, most seriously among the non-fatal injuries, spinal and brain damage.

Different Types of Horse Accidents

While horse accidents are most commonly associated with fatalities and injuries occurring among riders, other kinds of horse accidents can also occur, which can also result in serious, if not fatal, consequences for the humans involved. A rarer yet still dangerous form of horse accident is one involving the collision of a motor vehicle, such as a car or motorcycle, with a horse, which may be with or without a rider, depending on the case.

Horse accidents of this kind can occur more commonly when horses are being transported by trailer along motorways in active use. Alternately, horse accidents can also occur when people are struck by horses while standing, sitting or lying on the ground. These kinds of horse accidents may involve horses kicking people in the immediate physical vicinity, trampling them, or otherwise coming into violent impact with them.

Danger Posed by Horse Accidents

According to studies, accidents when people are riding horses can occur much more commonly than in the instances of the use of other forms of transportation. For one, horse accidents have been compared to motorcycle accidents, a method of comparison which has shown that people are far more likely to experience accidents and possible resulting injury or fatality when riding horses compared to motorcycles.
A study compiled in the early 2000s found that horse accidents are 20 times more likely to occur than motorcycle accidents. That being said, the rate of danger posed to riders by the likelihood of horse accidents can vary in terms of the specific kind of riding involved.

Horse riding considered to be for ā€œleisureā€ purposes was found in this study to involve one injury, of any degree of severity, per every 100 hoursā€™ worth of people engaging in such activities. On the other hand, for ā€œamateur racing over jumpsā€, one horse accident occurred on average for every five hoursā€™ devoted to such activities. ā€œCross country eventingā€ activities, meanwhile, posed the risk of one horse accident, and resulting injury to the rider, for every hour of such riding.

According to another study conducted around the same point in time, out of every 10 horse accidents, 6 of these involved head injuries to the riders and, as a result, increased risks for riders.
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