am not a lawyer, but sure do have to write like one...

These are original works of Anna Lissa Navelgas-Capili. No part of the work covered within these web pages hereon may be reproduced or copied without the author's permission.

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Location: Philippines

writing gives me pleasure, knowing that i have done something which means something to somebody. it is a fine way of learning too..you end up knowing more about something that you've written than when you first started writing about it. it is also a nice way of releasing pent up emotions, but is also a great way of taking your mind off something which you'd rather not think about for the moment. i love writing so much, that more than just a hobby, it has become a way of life for me.. :)

Thursday, January 20, 2005

On Bus Accidents, Boating Accidents, and Defective Products

(The following content was made for an attorney site; submitted to Anna Lim via email 011905)

CUSTOM CONTENT >>> Legal
(400 words)

• Bus Accident

Bus Accident: Riding a School Bus May Be Harmful

- Everyday, millions of students are being transported to and from school using the yellow school buses. Despite its low rate, school bus accidents are still devastating for all involved. Nevertheless, taking legal action is a must.-

Everyday, millions of students are being transported to and from school using the yellow school buses. According to a survey, more than 8.8 billion student trips are done by these yellow buses each year.
Over the years, school bus transportation was the safest way to transport a child. However, it cannot be discounted that there is still a small number of school bus accidents that occur, accounting for an average of 26 deaths of children from the past decade. These accidents include those of pedestrians- getting on or off a school bus- and as passengers.

One third of all fatal traffic crashes within the decade were classified as school-transportation related. According to the U.S. Department of Transportation's National Highway Traffic Safety Administration, a school-transportation related crash involves, either directly or indirectly, a school bus body vehicle, or a non-school bus functioning as a school bus, transporting children to or from school or school-related activities.

Despite its low rates, school bus accidents are still devastating for all involved. A school bus accident may be caused by various factors, and can result in death and serious life-changing conditions. For both the parents and child, the results are extremely devastating. That is why it is imperative that parents of injured children from school bus accidents should contact a legal adviser immediately to help them understand the situation, and explain their legal rights and options.

There are many factors to consider when deciding where lies the fault in a school bus accident. Although intermittent, school bus accidents do occur, and legal advice specializing in school bus accidents can help a great deal in determining the negligent party and assess the amount of damages that may be claimed.

Taking legal action after one has suffered can be stressful and distressing for most of us. However, injured parties, particularly the parents, should realize the impact that these bus accidents can have on them physically, financially, emotionally, and psychologically. A professional and qualified lawyer will have the knowledge and expertise necessary to seek proper compensation from the pain and suffering derived from the school bus accident.

As in any other accidents, school bus accidents occur because of negligence. A qualified lawyer has the necessary skills and expertise to conduct investigation of the factors to better understand who should be held liable. Investigating a school bus accident can be very difficult. But a professional lawyer with expertise and tact will be your means to a better assessment.

Contact us now for inquiries on how we can help you find legal ways to protect yourself at a reasonable cost.

• Boating Accident

Boating Accident Should Propel You to Take Action

- Boating accidents occur because of negligence and can result in serious fatalities. 80% of boating accidents are of people struck by a boat or its propeller. A boating accident lawyer specializing in personal injuries from boating accidents can help you recover your losses and claim damages. -

British pop singer, Kirsty MacColl, was killed in a boating accident while on vacation in Mexico. She was swimming with her two children when a speedboat traveling in an illegal area struck her. She was 41. MacColl was best known as the pop singer who collaborated with musicians such as the Pogues, the Rolling Stones, and the Smiths.

In the United States, there are nearly 12 million registered boats, 95% of which are less than 26 feet in length. These same boats account for as many as 80% of boating accidents where people in the water are struck by a boat or its propeller. The majority of these accidents are the result of operator error, and relatively few in number. Nevertheless, most of them have severe results and have tragic consequences.

According to the Florida Boating Accident Statistical Report, 48% of reported accidents were primarily caused by either carelessness/inattention or violation of a navigation rule. And majority of personal watercraft accidents involved either a collision or a fall on a boat. Alcohol contributed to 33% of all fatal boating accidents.

Operator inexperience, incompetence, negligence and intoxication are important factors not only in reported boat and propeller strikes, but in all other boating accidents as well. In the case of propeller and boat accidents, almost all of the victims are in the water—a swimmer, scuba diver, fallen water skier or the operator or passenger.

Passengers who were ejected from the boat or fall overboard are usually those that move about, or who are improperly seated on the bow, a gunwale or a seatback. They are ejected during sharp turns, or when boat operators are wake jumping or performing other maneuvers at speeds which are dangerously fast. Some of the victims were ejected by collisions with another boat or a submerged or fixed object. Sudden acceleration and deceleration can also cause ejections from a boat.

Boating accidents, caused either by propeller or other elements, occur largely because people underrate the dangers involved with boats. Boating accidents occur because of negligence and can result in serious fatalities. Regardless of the type of accident, a boating accident lawyer specializing in personal injuries from boating accidents can help you recover your losses and claim damages.

A boating accident injury can result in high financial difficulties. Filing a suit can be stressful and distressing. In addition, there is a statute of limitations for filing a boating accident. It is important therefore for victims-- or family of the victims—to contact a boating accident attorney to ensure that their rights are protected.

For more information or queries regarding the victims' rights and just compensation, our reputable boating accident attorney are available to provide you legal assistance.

• Defective Products

Your Defense on Defective Products

- If a defective product causes serious personal injury or substantial property damage, the manufacturer can be sued. The victim can hold a manufacturer or seller strictly liable if the victim's lawyer can prove that a defect on the product caused the injury. -

A defective product is a product that causes some injury or damage to a person using the same product. It may be caused by some defect in the product itself or its labeling. Either way, if a defective product causes serious personal injury or substantial property damage, the manufacturer, and others involved in the chain of commerce (e.g. sellers), can be sued, even if the injured consumer cannot prove negligence. All states allow recovery, even in small forms, to persons injured by defective products.

Contemporary Product Liability Laws concentrate more on whether the product is defective, rather than the conduct of the manufacturer. Courts decided way back that manufacturers should be made liable whether a product is safe for reasonably foreseeable use. Manufacturers should adhere to a stricter standard because it would be hard for victims to prove negligence in technical cases involving engineering design and manufacture. Thus, the victim can hold a manufacturer or seller strictly liable if the victim's lawyer can prove that a defect on the product caused the injury. Product liability cases run from the obvious to the not-so-obvious. An example of the former is a car sold without operational brakes, or a shampoo that causes baldness. On the other hand, injuries resulting from exposure to tobacco and cigarettes may be cited as a not-so-obvious case.

Different laws are applied to defective product cases from one state to another. However, there are three legal theories common to all jurisdictions: (1) Manufacturing defect, wherein the injury was caused by a defect in the manufacture of the product; (2) Design defect, where the injury was caused by a poor design; and (3) Inadequate warning.

Manufacturers are considered by law to have the responsibility to provide adequate protection to consumers from defective products. When consumers are not properly warned that the defective products are on the market, the company who manufactured the product is liable.

As in other laws, there are statutes of limitations for defective product cases. A defective products lawyer who is competent and experienced will know how to use these liability laws to better protect you and your rights.

If you suspect that you or a family member is a victim of a defective product, which caused you bodily or property damage, contact a defective products attorney now. Knowing your legal rights and options will allow you to have a better chance of protecting your right of recovery.
For further assistance to your legal problems, contact us now. Our legal assistance team is on hand 24/7 to assist and provide answers to your queries.