Maybe. A California court has ruled that the assumption of risk defense does not apply to rides at an amusement park. The guest will still need to prove her case; but the claim is not automatically barred as many would have expected.
In Nalwa v. Cedar Fair,LP., a guest who broke her wrist on a
Who is more impaired – a drunk driver or a driver conversing on a hands-free phone? According to a University of Utah study and the National Highway Traffic Safety Administration (NHTSA), it’s the driver conversing on the hands-free phone.
The University of Utah study showed that when controlling for driving conditions and
Each year there are dozens of deaths related to carbon monoxide poisoning from boats. Carbon monoxide is a deadly gas that is odorless, colorless and tasteless. It is found in the exhaust emitted from the electric generator and drive engine. The risk of danger affects a variety of boating enthusiasts.
Federal officials have known for
The failure to timely diagnose and treat a hospital-acquired illness (HAI) can, of course, be considered medical negligence. If doctors and nurses stick their heads in the sand and fail to recognize the signs of a serious infection, it can tragically worsen the patient’s condition. That sort of neglect can form the basis of a
When someone is injured during a sports activity, the one who caused the injury will likely raise a defense called "assumption of risk". The wrongdoer argues that he’s not to blame because the law didn’t require him to protect the participant from the particular risk of harm involved in the claim. Whether the doctrine applies
Last month several California hospitals were praised by the federal Health and Human Services Agency. This month a dozen hospitals were penalized for significant errors. The California Department of Public Health (CDPH) announced twelve California hospitals have been assessed administrative penalties after it was determined the facilities’ noncompliance with licensing requirements caused, or was
The U.S. Department of Health and Human Services has recognized 37 U.S. hospital and health care facilities for their efforts to prevent hospital-associated infections (HAIs), a leading cause of death in the United States. The awards recognizes individuals and institutions for their efforts to reduce ventilator-associated pneumonia and bloodstream infections associated with central intravenous lines.
Health care facilities – whether hospitals, nursing homes, or outpatient facilities – can be dangerous places. One risk is “hospital-associated illnesses,” also called "hospital-acquired illnesses." 1.7 million patients contract HAIs each year. In 2002, nearly 100,000 patients died from HAIs. The fatalities broke down as follows:
36,000- pneumonia,
31,000 – bloodstream infections,
13,000 – urinary
The wrinkle reducer, Botox is approved by the FDA for very narrow uses only. But Allergan, its manufacturer, has promoted it to doctors all over the country for other uses, including muscle spasms. A doctor’s use of a drug for a purpose not approved by the FDA is often referred to as an “off-label” use.
Usually, a homeowner who hires an independent contractor can delegate the responsibility for safety to the contractor. The theory behind the rule is that when an owner hires an independent contractor—or when a prime contractor hires a subcontractor—the responsibility for the safety of the contractor’s employees belongs with the independent contractor, not with the person
