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Physical abuse in nursing home facilities is defined as the use of force against a person that results in physical pain, injury or impairment. Besides physical assault such as pushing, shoving and hitting, it also includes the inappropriate use of restraints and drugs, as well as confinement. The reasons for this type of abuse are varied and depend upon the condition of the resident, the circumstances of their placement and the nursing home facility itself. Perpetrators of this kind of violence may be staff that feel overworked, underpaid and stressed. Victims are usually vulnerable due to physical or mental conditions that preclude them from defending themselves or reporting the abuse to the authorities. Sexual abuse is also physical abuse and is defined as contact with resident without the resident’s consent.

Every winter in Albany, paramedics respond to thousands of slip and fall accidents due to snow and ice. While it may be a lovely sight to see from inside your home, it can be treacherous to walk on. Establishing liability for a slip and fall accident on commercial property is generally the same as proving liability on the part of a residential property owner. The requirements for proving liability are that one of the following circumstances be demonstrated: The property owner or renter caused the slippery or dangerous surface. The property owner or renter was aware of the slippery surface but failed to take any corrective actions. The property owner or renter should have been aware of the slippery surface because any reasonable person taking care of the property would have acted to fix it. The first two sets of circumstances are generally much easier to establish. The third set of circumstances is sometimes open to debate. A determination must be made that the property owner or renter took reasonable steps to keep the property safe. However, when it involves slip and fall accidents on the premises of restaurants, stores or other businesses, several parties may be responsible. Besides the owner of the property, there are managers, employees, or snow removal and property maintenance companies that are hired to clear the sidewalks and driveways for the premises.

A Syracuse Nursing Home will pay a $16,000 fine for failing to protect its residents. According to Syracuse.com, “a state Health Department inspection conducted last April found Iroquois Nursing Home did not properly manage two male residents with histories of being aggressive and sexually abusing other residents in the dementia unit of the 160-bed facility…”. Resident-to-resident nursing home abuse is a becoming a major issue in nursing homes across the country. Experts site understaffing as a major contributing factor to the growing number of resident-to-resident injuries and altercations. Unfortunately nursing home management often understaffs facilities, leaving residents and employees at risk for serious injury. It is absolutely crucial that management schedules enough trained staff to properly supervise residents.

Uber drivers are dependent upon the Uber app to inform them where a passenger is, where they want to go and what the fare will be. They are notified by a ping on their phone along with additional information as to where the pick-up will be. During the ride, the Uber driver may use the phone for directions, or to pick up other passengers. In other words, an Uber driver spends a lot of time looking at, and being distracted by, their phone. When an Uber driver gets a request for pick-up, they only have 10 to 15 seconds to accept the request. Within that time frame, no matter what the driving conditions are, a driver must make visual and cognitive choices. If you miss this deadline, it hurts your acceptance rate which hurts the amount of money you can earn and can eventually result in being de-activated in the system. Responding to the ping takes manual, visual and cognitive attention which, by definition, is a distraction. If you are responding to the call while in the middle of heavy traffic or while driving in unsafe road or weather conditions, this becomes particularly dangerous. Although Uber urges their drivers to use hands-free navigation, a phone mount and to always employ safe driving practices, there is a financial incentive to distracted driving because drivers must look at their phones, get the location and time requirement, decide as to how to respond and then respond in a matter of seconds. Read more: https://goo.gl/3ob3gu

For many New Yorkers, space heaters are a popular and effective way to beat the cold during the frigid winter months but, if used improperly, can easily become a fire risk. According to the National Fire Protection Association even though only 32% of home heating-related fires are started by a space heater, almost 80% of home heating fire deaths involve space heaters. If you use a space heater read and remember the following tips published by the National Fire Protection Association: - Have a three-foot “kid-free zone” around open fires and space heaters. - Supervise children when a fireplace, fire pit, or other space heater is being used. Use a sturdy, metal screen to prevent contact burns, which are even more common than flame burns. - All heaters need space. Keep things that can burn, such as paper, bedding or furniture, at least 3 feet away from heating equipment. - Use heating equipment that has the label of a recognized testing laboratory. - Never use your oven for heating. - Install stationary space heating equipment, water heaters or central heating equipment, according to the local codes and manufacturer’s instructions. - Have a qualified professional install the equipment. - Make sure all fuel-burning vented equipment is vented to the outside to avoid carbon monoxide poisoning. CO is created when fuels burn incompletely. CO poisoning can cause illness and even death. Make sure the venting for exhaust is kept clear and unobstructed. This includes removal of snow and ice around the outlet to the outside. - Install and maintain carbon monoxide alarms to avoid risk of carbon monoxide poisoning. - Maintain heating equipment and chimneys by having them cleaned and inspected annually by a qualified professional. If you or a loved one were hurt in a preventable home fire, contact us today. We may be able to help you secure compensation for your injuries.