by diazlaw | Feb 26, 2019 | Blog
The spreading or invasion of neighborhood plants can cause severe damages to other people and their property. When neighborhood plants become invasive and damaging to others’ property, excavation may be considered as the right measure. When someone plants invasive vegetation like bamboo or plants of a similar kind, it can spread to another neighborhood yard, lawn or under the home. If there is no excavation, such plants cause other problems and property damages. When a homeowner suffers any damage due to such plants he or she can file a lawsuit against the owner of the plant in his or her home. Although the action through court may seem compelling, however, it is always important to talk to the neighbor first. When you face such problems due to invasive plants, this is what you can do to carry out property excavation: Talk to the Neighbor: Communicating with the neighbor who planted the vegetation should be the first step of resolving this problem. When telling the person about the problem you are facing on your property because of their plants or trees, will make the grounds to resolve the matter. The person can make the arrangements to remove the plant or can pay for the removal and excavation. If this attempt fail and the person does not agree to the solution, this may be the time to contact the personal injury attorney. The attorney will ensure that the plaintiff gets compensation for the resolution of the matter. The Damages Occurred through Invasive Vegetation: In many cases, the owner of the plant remains unaware of the damages caused by other people’s property...
by diazlaw | Feb 24, 2019 | Blog
The term “slip and fall” seems innocuous enough, but these accidents are not only surprisingly common, but they can give rise to some serious injuries. Perhaps because they are so commonplace, they can be frustratingly difficult to do anything about if you have been injured and seek compensation. Some personal injury attorneys are actually averse to taking on personal injury cases involving slip and fall injuries if the case for a claim doesn’t seem straightforward. However, you can be rest assured that here at the Diaz Law Firm in Jackson we will do our best to ensure you get the legal help you need. Slip and fall accidents can happen anywhere By ‘slip and fall’ is meant any type of accident in which someone inadvertently slips over and falls down. Similar accidents are often called ‘trip and fall’ accidents. These accidents can literally happen anywhere, but for the purpose of personal injury assessment they can be divided into three categories: accidents that happen at home; accidents that happen at work: and accidents that happen anywhere else, whether it is in a friend’s or neighbor’s house, on privately owned property or property owned by the government. There is also an important distinction between accidents that are caused by another entity’s negligent actions or those that are entirely the fault of the person who slips or trips and falls. Accidents that happen at home If you slip over and hit your head in your own bathroom or kitchen, you probably only have yourself to blame. If you are injured, you will have to rely on your own health insurance if you...
by diazlaw | Jan 29, 2019 | Blog, Personal Injury
Cruises are considered as one of the popular entertainment and holiday activities places that vacationers experience. Given the variety of activities that passengers perform, there are various technological equipment and devices involved that might be defective causing injury to someone- the crew or passenger. When a person is harmed due to such defective maritime equipment, the victims’ subsequent legal action is called product liability. The victim seeks legal assistance in order to understand how to claim compensation, how much amount is considered as fair compensation and who is responsible for the usage of the faulty product in the cruise. Such cases also involve foreign maritime law if the accident occurred in a foreign land. What is considered as a Defective Product? A product might already have a defect given its design or batch and later could harm the passengers when they use such products or objects. The defect can also exist in cruise ship equipment which is used to run the whole ship and not the other items that cause damage and physical injury even causing an explosion or even sinking the ship. Various Injuries from Defects of Products: Cruise ships have various equipment that runs the ship. Any defect, even a minor one, can lead to the major injury to the crew members. If the injury is not near the product, it is minor, however, if a pressure of some sort ousts a certain tool or a part of it which hits directly to a muscle or skin of a passenger or crew, the injury will be considered as severe or serious one. The bigger or sharper the...
by diazlaw | Jan 21, 2019 | Blog
Uber is now operating a service state wide across Mississippi and that’s great as far as providing some competition in the arena of public transportation goes. It doesn’t make riding home any safer and it’s quite possible that anyone in Mississippi, whether an Uber passenger or not, could end up on a hospital bed after an Uber accident. It’s taken time for Uber to get to the stage where state wide expansion has been possible. As recently as 2015 it seemed doubtful whether the company would be able to overcome obstacles in its way from regional city authorities, but the law was changed in 2016 to override local objections to both Uber and Lyft operating regionally. By 2017, Mississippi became the country’s 30th state to permit widespread commercial ride sharing services. As Uber has become more ubiquitous, it is inevitable that the number of people injured and killed as a result of Uber accidents has increased. If you have been injured by an Uber driver, whether you were actually in an Uber vehicle or a pedestrian, cyclist or other road user, you have the right to sue Uber and / or the driver and claim compensation. Uber’s current insurance arrangements Many people use Uber without any problems, but if you are considering using Uber, or any other ride sharing service, it might be worth learning about whether you are covered in the event that you are injured. Uber is not an employer as such. It does not work like a taxi service. It is basically a technology service that connects people looking for transport with those people who have...
by diazlaw | Dec 18, 2018 | Blog
Few people normally worry about what they get from a pharmacy when they need medication. They hand over a prescription in the full expectation that they are going to get what their doctor prescribed. All they need to do is follow the instructions and hope that the pills, or whatever they have obtained, make them feel better. Most of the time that’s exactly what happens. Negligence in a pharmacy is not common, but unfortunately when mistakes happen they can be very serious. Wrong prescriptions, mistakes in the dosage and contaminated products can cause severe illness. Pharmacy negligence can lead to a personal injury claim against the pharmacy, one of the staff working in the pharmacy, or even the doctor who prescribed the wrong medication. If you, or a loved one, become seriously ill as a result of a medication error or pharmacy negligence, you should contact the Diaz Law Firm in Jackson to discuss the possibility of claiming compensation. Examples of pharmacy negligence Pharmacy negligence by its own definition implies that someone in a pharmacy has made a mistake that could have been avoided if more care had been taken. Pharmacies are required by both state and federal legislation as well as their own professional code of conduct to provide a high level of proficiency. When this level of proficiency is not achieved then someone could suffer and the pharmacy would then be liable for that harm caused. Typical cases of pharmacy negligence include: wrong drugs provided i.e. the drugs or medication prescribed by the doctor were not the same as the ones provided by the pharmacist. drugs are...
by diazlaw | Nov 13, 2018 | Blog
Jackson has an active nightclub scene and usually most people have a good time unwinding after work at these venues and go home having enjoyed themselves. Occasionally, there are problems. Nightclub attendees are sometimes involved in altercations either inside the nightclub or in the immediate vicinity or even have an accident while leaving, perhaps in a cab or their own vehicle. What are the limits of liability in a nightclub injury? Should the victim of an attack just blame the person or persons who attacked them and seek damages from them or can they blame the nightclub? As in many personal injury cases, the answer is never a straightforward one and depends on the exact circumstances, the ability of the attacker to pay any proven damages and the liability of the nightclub to its customers. For the purposes of this article we shall confine the topic to the question of liability after a nightclub attack that occurs inside the venue only. Who was involved in the fight? If a fight occurred inside the nightclub, who was involved? How did it start? If you were involved in a fight that was a mutual affair, it is unlikely that you could claim any damages at all. It is a general feature of the law that this would be regarded as a “mutual affray.” It would be different if you were the innocent victim of someone else’s malevolence, i.e. it was an unprovoked attack against you, or you were hit by accidentally, e.g. by a bottle thrown through the air by someone else. If you were the victim of an attack started...
