Tuesday, July 29, 2014

Who Is Liable When Someone Is Injured or Killed on a Business’s Premises?

On June 28, 2014, a three-year-old girl was killed in Philadelphia, Pennsylvania, when a Rita’s Water Ice security gate detached from the store and fell on the child while she and her mother were attending a sorority fund-raiser being held outside the store in conjunction with the water-ice franchise. The building in which the Rita’s store is located is a three-story structure with apartments on the two floors above the water-ice establishment. The security door was rolled up and encased inside the door to allow access by customers to the store at the time it fell. Though no reports of known or suspected causes of the accident were released on the day of the accident, stucco work was reportedly observed to have been done recently on some portion of the building. When parents bring their children to visit a business that is regularly frequented by children, they fully and rightly expect their children to be safe from harm from dangerous conditions on the business’s premises. The horror and injustice of such an accident invariably prompt questions from family-members and the public regarding the causes of the accident as well as the identity of those responsible for its occurrence. 

Liability for Injuries on Business Premises  
Liability for injuries sustained by someone while on a business’s premises may depend upon many factors. In some cases, fault may be attributable to more than one party and may depend upon the law of the particular state or jurisdiction in which the business is located.

  • Liability of Owner of Premises

The owner of the premises—whether or not the property-owner is also the business-owner—may be found liable, under certain conditions, for injuries caused by dangerous conditions on the property. This is particularly true, in most states, when the injured person was not a trespasser on the owner’s premises. Under the premises-liability law of most states, an owner of premises owes a certain duty of care to people who come onto their premises. In most states, the people who may be injured on someone’s premises are classified as invitees, licensee, or trespassers.

An invitee is someone who has been invited onto the premises as a guest. This can include a customer, such as the little girl who was killed by the security gate on the Rita’s Water Ice premises. The owner of such premises owes a duty to an invitee to keep the invitee reasonably safe from harm while the invitee is on the owner’s property.

A licensee is someone who has permission to be on the owner’s property but who is there for his own rather than the owner’s purpose. The owner owes a duty of care to keep a licensee safe from harm, as well, but the duty is generally limited to preventing injury from dangers known to the owner at the time an accident occurs.

In many states, a trespasser is owed no duty at all by the owner of premises on which the person is trespassing. In many such states, however, an exception is made when the trespasser was a child.

  • Liability of Business-owner 

The owner of a business may be held liable for injuries caused by an accident that occurs on the premises on which the business is operated, even if the business-owner is not also the owner of the premises. Such liability may attach, for instance, if the business owner had control of the conditions of the premises that led to the particular injury and failed to take precautions to remedy or remove an unsafe condition that led to someone’s injury. In the case of the accident involving the security gate that fell onto and killed the small child in Philadelphia, the owner of the water-ice business may be found to have had control of and responsibility for the condition and safety of the security gate attached to the front of the store and may, therefore, be found liable for the child’s death if it is determined that the owner’s negligent maintenance or securing of the gate was a cause of the accident that resulted in the child’s death.

  •  Liability of Someone Who Negligently Creates an Unsafe Condition  

If someone other than a property-owner or business-owner negligently creates an unsafe condition that results in another’s injury, the person or entity that created such a condition may be found liable in an action for negligence for damages suffered by the plaintiff as a result. If, for example, someone had conducted repair work on premises that resulted in an unsafe condition on the premises, the entity or individual whose negligence created the unsafe condition may be found liable for a plaintiff’s injuries caused by the unsafe condition. The business or property owner who employed the person or entity that created the unsafe condition may also be found liable, under certain circumstances, for the injuries caused by the unsafe condition.

Obtain Expert Assistance from an Experienced Personal-injury and Child-injury 
Attorney Today’s writer, Jeffrey Killino, is a respected child-injury attorney with extensive experience with all types of accident, personal-injury, and child-injury cases. Attorney Killino’s knowledge and expertise—particularly in relation to cases seeking compensation for children injured by someone’s negligence or a defective product—have resulted in his appearance on major television networks, including CNN, ABC FOX, and the Discovery Channel. Attorney Killino’s case against Mattel, Inc. won national

Disclosure: This post is written in collaboration with this client. Regardless, I only recommend products or services I personally believe will be good for my readers. I am disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255.
Monday, July 28, 2014

Newborn Essentials: Pedi-Derm Bum Past

During the early weeks of a baby's life, diaper changes are constant. Newborn's bums are extremely sensitive so keeping them protected and smooth is a must. Knowing I would be changing a lot of diapers, I was excited to try Pedi-Derm's all natural Bum Paste on Dylan recently.

Pedi-Derm Bum Paste is made from all natural compound, non-prescription ingredients and has been made right by Letourneau's Pharmacy since 1926. Based on a multi-generational trade secret recipe, Pedi-Derm Bum Paste has proven time and time again to naturally treat  moderate to the most severe rashes in any type of skin providing immediate relief for your baby. 

Pedi-Derm Bum Paste offers a thick, long lasting barrier between baby's bottom and diaper. Unlike other products that absorb into the skin, Pedi-Derm Bum Paste remains on the surface protecting the skin and providing an opportunity for healing.

Other uses include:
  • Eczema
  • Teething rash
  • Sores and scrapes 
Wednesday, July 23, 2014

Dylan - One month old

My sweet Dylan turned one month old on Friday, July 18th. I can't believe it's already been a month! This little guy has completely changed our lives and made our family complete. We love you Dilly Dally! 

Get your own monthly milestone stickers over at Sticky Bellies. They have tons unique collections for your little ones and for expecting moms too! Dylan's one month sticker is part of their Badge Boy collection which also includes a "brand new" belly sticker!

Tuesday, July 22, 2014

Check It Out: Precious40

Have you heard of Precious40? Precious40 is new company that delivers healthy, hand-picked snacks to pregnant and nursing moms through a monthly or weekly subscription service.

I was lucky enough to try one of their breastfeeding boxes and I absolutely loved it. Check out all the healthy snacks that come in my box below. 

My two favorite items from this box were the white bean tortilla chips by Beanitos - I'm obsessed and the apple cinnamon chia Squeeze, Jack also loved it!

Precious40 provides pregnant and breastfeeding moms with quality, balanced and safe foods to support their growing baby’s needs. The company was created to help moms feel confident in their pre and postnatal nutrition by offering boxes uniquely designed for them. Working with a nutritionist, they've searched thousands of snacks in order to bring tasty and nutritious options to your home.

The sign up process is super easy. Simply select your box (prenatal or breastfeeding) and for $10  you'll receive weekly deliveries of 4-5 hand picked healthy, safe and delicious snacks selected to support your personal prenatal and nursing needs and preferences.

Precious40 also make the perfect gift for new and expectant moms - check out their gift subscriptions here.
Monday, July 21, 2014

mbaby by Munchkin + a giveaway

Last month I posted my must have newborn essentials and one of the items featured was an mbaby by Munchkin sleeper. I've loved this product so much that I wanted to share more about their line.

The ONESTER™ and SLEEPSTER™ collections feature a unique patent pending double-layer front. Since babies spend the majority of time on their backs (stroller, high chair, car seat) their front is exposed while their back is covered, mbaby's onester™ provides much needed built-in comfort and extra warmth. In addition to the double-layer built-in-blanket feature, the SLEEPSTER™also has a convertible footie which allows for warm feet at night and bare feet for daytime play.

 photo mbaby_zps4966bbd1.jpg
Make sure you sign up to be a Munchkin Insider to receive exclusive deals and promos!

GIVEAWAY Enter for a chance to win a $25 gift card towards Munchkin or mbaby products on munchkin.com!

HOW TO ENTER Simply follow the instructions below to enter this giveaway using Rafflecopter – it’s easy! You can enter daily by tweeting about the giveaway Sunday July 27th at midnight. Open to US residents only. a Rafflecopter giveaway
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