INJURY LAW BLOG

Relevant & Important Information About Personal Injury Law So You Can Be In The Know

Lasik Surgery. Is it for you?

Dec 6, 2018 5:22:08 PM


Pros and Cons of Lasik
No one enjoys struggling with contact lenses every morning, or dealing with the expense of broken eyeglasses. If you are looking for a permanent solution to replace these, you may be considering Lasik Eye Surgery. This procedure is a quick, permanent option that can replace your need for distance lenses and save you money over time. Here are some things to consider when making your decision.

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Who Assumes The Risk If I'm Injured In A Group Fitness Class?

Dec 3, 2018 3:22:38 PM

 

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How Binding are Gym Liability Waivers?

Nov 23, 2018 3:00:00 PM

gym membership waiver fitness

As the New Year approaches and you search out local gyms to burn those Holiday pounds, prepare yourself for the anticipated gym waivers. Committing to a gym membership should be fun and inspiring. However many of these facilities expect for waivers to be signed if you are harmed within the gym via personal trainer or equipment. Once you sign the waiver, it seems as though all responsibility is your own for entrusting this facility to assist you with your personal health.

Not So Fast...

It is critical to read the waiver you are signing. What gyms expect from their potential customers is to not thoroughly read the contract and read the fine print. 

  • How specific and how broad is their waiver form?
  • What type of injury do they waive?
  • Do they specify equipment? Personal trainings?
  • Does your injury have to result on their property?

 

 

Read the Fine Print

Specifics make the waivers legal. The more specific a waiver is, the more legally binding the document. Most documents that are essentially blanket waivers and attempt to cover any injury. Because of the broad range in these documents, the right personal injury attorney can fight your injuries sustained in court. 

 

What is Their Reputation?

Has there been previous personal injury cases involving this facility? How about their staff? Previous claims of personal injury can build a case of negligence on behalf of the facility. Having new clients sign liability waivers does not allow gyms or personal trainers the right to be negligent with your safety and personal health.

 

Facility Safety

If these facilities intend for their clients to sign such waivers, they must also be validated in regards to safety with proper procedures and properly operating equipment. 

Unsafe Equipment
Improper Personal Training
Unavailable Staff

 

Let Our Firm Work For You!

If this case sounds like yours, we want to hear from you. Smiley & Smiley LLP Attorneys at Law are here to assist you with your personal injury case. Contact us here to schedule a consultation today.

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New York Scaffolding Law: What You Need to Know

Nov 15, 2018 2:56:11 PM

According to the Occupational Safety and Health Administration (OSHA), poor fall protection on construction sites and injuries from scaffolding rank 1 and 3 out of the 10 most cited job site standards violated during FY2017. The New York Scaffolding Law governs issues of liability when it comes to New York construction injuries from falls and falling objects. If you've experienced serious injury from a fall while working on a construction site, contact a New York personal injury lawyer without delay. 

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The Dangers of Being an Ironworker

Nov 9, 2018 11:30:17 AM

Construction workers have one of the deadliest jobs out there—working with and under heavy, dangerous equipment every day. According to the U.S. Department of Labor, the percentage of injuries to ironworkers is among the highest of all career fields. Men and women in the ironworking industry face an array of dangers varying from muscle strain to burns and falls.

Because of the uncomfortable positions and small spaces ironworkers have to get into, they face a very high risk of pulling and straining their muscles. Tying rods together and bending over causes constant back strain. They work with very heavy equipment that has to be lifted and carried various distances and loosen rusted and ceased bolts.

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The Importance of Choosing a Certified Personal Trainer

Nov 1, 2018 3:22:40 PM

Hiring a personal trainer can be a smart choice for your health, but it is essential to find out if that trainer is properly certified. You only have one body, and an unqualified trainer could coach you into dangerous or harmful situations that could affect you for the rest of your life. Here are some tips for making sure you choose a properly certified personal trainer. 

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School Zone Related Accidents: The Statistics And Safety Measures You Need To Know About

Oct 25, 2018 3:33:13 PM

The crisp Fall air has returned to make for somewhat cooler mornings and beautiful changing colors on the leaves of trees. It also means that school is back in session, and that means seeing those school zone flashing lights turned on once again in areas around town where schools are. Every single person who passes by any of those signs should know some facts about school zone related accidents.

signs- school zone related accidents concept

School Zone Accident Issues By The Numbers 

The best way to understand the seriousness of school zone safety issues is to present some numbers that help make the case that extra caution should be given to driving in these areas. Let us now take a look at some information provided by SafeKids.org. They are a safety advocacy organization dedicated to keeping children safe: 

  • 5 teen pedestrians are killed by vehicles in the United States every week 
  • Approximately 33% of all vehicles use unsafe drop-off or pickup behaviors routinely
  • Around one in four teenagers is a distracted walker 

Each of these facts points to the dire need to have increased awareness brought to the fact that school zones are places where one should be on the highest alert. 

How To Drive Safely In School Zones 

Each individual must make active choices to drive safely in school zones. They are empowered to make the right choices by following some general guidelines that can keep them and pedestrians in school zones safe as detailed by Edmonds

Remember That Children Are Hard To Predict- Do not expect children in school zones to follow all of the traffic laws. Expecting them to violate some of these rules can keep you more alert and prepared for this likelihood. 

Mind Crosswalks And Traffic Lights- If you see the flashing lights informing you that you need to slow down while in a certain area, actually pay attention to those and obey their commands. 

Budget Extra Time Into Your Commute If You Travel Through A School Zone- Prepare ahead of time for extra time added on to your commute in the morning if your journey will take you through a school zone at any point. A lot of accidents are caused when people do not accurately estimate the amount of time it takes them to get from Point A to Point B. 

What To Do If An Accident Happens

The safety of everyone involved in any kind of accident is obviously supremely important. Anyone involved in an accident in a school zone should make sure that everyone around is physically unharmed. Authorities and medical personnel must then be called to the scene. It is vital to take down as much information about the scene of the accident as possible no matter what your role in it was. This includes things like contact information and license plate numbers. 

Once all of those things are done it may be time to contact us. As experienced attorneys, we know the ins and outs of the justice system and how to make it work for our clients. You can see our results page for testimonials from previous clients who believe in us. View that information and get in touch to figure out your next steps.

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Is My Employer Required to Give Me a Minimum Amount of Sick Leave?

Oct 19, 2018 9:40:44 AM

An illness or injury can occur anywhere, at any time, and to anyone. When you or a loved one experience a medical emergency, time away from your employment only adds to the stress. Whether your employer is required to give you a minimum of sick leave depends upon where you work and how long you've worked there. Knowing your rights to securing your job while taking time off is important to seeking medical treatment and care for yourself or someone you love. 

sick leave employee

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I'm Injured! Is My Personal Trainer Liable?

Oct 11, 2018 2:46:01 PM

 

Your personal trainer is there to help you reach all of your workout goals. Unfortunately, not every personal trainer has the ability to help you reach those goals--and some of them lack the experience they need to keep you safe. Can you sue your personal trainer? If you believe you have a case, there are several key things to keep in mind.

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What is Sarcoidosis? The Rare But Incurable Disease

Oct 4, 2018 4:24:30 PM

The worst tragedy that this nation has faced in modern times and the disease known as Sarcoidosis are connected. This is because Sarcoidosis is an inflammatory disease that most commonly impacts the lungs, and because dust from the collapse of the World Trade Centers contained the ingredients that left some first responders with this disease. Those responders may well have a legal case to make. Read on to see why and how you also may have a case to bring if you also suffer from Sarcoidosis. 

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