Tort Claims and Damage Awards

The median personal injury jury award in all jury tort Cases is about 500.000 Eighty-five percent of all awards are below the arithmetic mean amount $465.000. Awards are much higher in medical malpractice and product liability 1 of more serious injuries in these contexts, but such cases comprise only about ten percent of all state tort filings, and the success rate in such the forty-nine percent average. Awards over $1 million against Individuals constituted only three percent of all awards, and eight per cent of all awards against businesses. Contrary to public perception, punitive damages are infrequently awarded.
 Use of legal claims when suing sunless tan studios
Medical malpractice awards have been news items in recent years with a number of reports of a crisis in the system. Attempts to cap awards in this area by statute or constitutional amendments are widespread. The actual incidence of medical malpractice is given little attention though recent reliable studies have reported high levels of medical errors. In 2000, the Institute of Medicine estimated that 98,000 preventable deaths occur each year in hospitals because of medical errors. A study of Medicare records by Health Grades, Inc. in July 2004 concluded that the actual figure was more than 2.5 times the Institute’s estimate. Health Grades projected that 263.864 preventable hospital deaths were occurring per year due to medical errors. Importantly, medical errors are determined by medical standards of practice not by legal standards. The cost of these errors to the Medicare system was reported to be in excess of $2.85 billion annually. The Health Grades 2004 report concluded that “despite the shocking and widely publicized statistics on preventable deaths due to medical errors in America’s hospitals, there is little evidence that patient safety has improved in the last five years.”

ACCIDENT COSTS

The costs of accidents every year are stupendous despite the downward trend in the accident rate. The National Safety Council estimates that in 2003, there were $605 billion in total economic losses from all types of accidents. The total economic loss figure includes medical expenses, wage losses, and property dam age. In addition, estimates of the “lost quality of life from all 2003 accidents are staggering —more than $1,350 billion. The lost quality of life values are cal- calculated from empirical studies based on what people pay to reduce safety and health risks, for example, in purchasing air bags, smoke detectors, etc. The studies provide the data for computations on life value and risks. The average economic loss for motor vehicle deaths in 2003 was $1.120,000, and $45,500 for disabling injuries. The motor vehicle accident costs for “lost quality of life in 2003 are estimated on average to be about $2.5 million per death and $135,500 per disabling injury.

Accident Data Summary

These unfortunate statistics teach us that accidents in the U.S. are a serious problem annually causing more than 100.000 deaths, 21 million disabling injuries, and costing over half a trillion dollars a year in economic and non-economic losses. In infectious disease terminology, this would be considered an epidemic. Improvements in accident prevention, safety design, safety education, safety regulations, tort law deterrence of unsafe conduct, and emergency medical care must be given high priorities by government and private parties. Traffic accidents remain a consistent annual national tragedy. Home accidents are becoming an equivalent problem in modern society. Improving and practicing safety must be a concern for each of us.

Public perception is that tort litigation is completely out of hand. Popular understanding is that the courts are overwhelmed with a flood of frivolous torts cases and that juries are granting excessive awards. Tort reform organizations have formed with considerable business backing to persuade the public and legislative bodies that changes are needed in the tort system. Proponents of reform have been remarkably successful in affecting public opinion and in lobbying for legislation in state legislatures and Congress. Proposals have been made that would make it more difficult to sue and more difficult to recover when suits are allowed, and that would restrict the size of compensatory and punitive damage awards.

No serious scholar of torts underestimates its flaws and the need for modification across a wide spectrum of areas. Our examination of the subject will provide us with the opportunity to examine proposals for reform. We should be guided, however, by an accurate picture ofthe current state of the torts court dockets and level of awards.

Reliable, independent studies demonstrate that the torts system is not in crisis. State court tort filings are down four percent since 1993 and comprise only about ten percent of all civil filings. Automobile negligence cases comprise about 60 percent of tort claims and have fallen 14 percent since 1996. Medical malpractice claims account for about eight percent, and product liability claims for two percent, respectively, of all state tort filings. Jury trials are rare, occur ring in only three percent of all tort case dispositions. More than 75 percent of tort cases are resolved by settlement or dismissal. Overall, the plaintiff success rate is only 49 percent in jury trials.

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Accidents in United States

Accidents are responsible for tens of thousands of denths and millions of disabling injuries every year in the United States. In 2003, there were 101,500 denths and 20.7 million disabling injuries attributable to accidents. The prin cipal causes of accidental deaths are motor vehicles, poisoning by solids and liq uids, falls, drowning, and fires. Close to half of all yearly accidental deaths are attributable to motor vehicle accidents.

The trend in accidental deaths and injuries has been generally downward since 1900. The overall death rate, however, has climbed slightly in recent years above the 1992 low water mark of 34.0 to a current rate of 34.9 acciden- tal deaths for every 100,000 Americans. Twelve people die in the United States every hour from an accident, twenty-four hours a day. Each minute, 30 people incur disabling injuries from an accident, twenty-four-seven.

Although the general trend of accidental deaths has been downward, in the last two decades the death rate has been rising. There has been an increase in motor vehicle deaths for the last ten years to 44,300 in 2003, up two percent from 2002. Motorcycle fatalities, based on Transportation Department records show an increase of 8 percent in 2004 to 4000 deaths. SUV accident deaths in 2004 increased 6 percent to 4735. While the real numbers of fatalities and injuries remain unacceptably high, the ratio of traffic deaths to miles driven has fallen to 1.56 deaths for every 100 million miles driven.

Since 1912. the overall death rate has fallen underably for accidents in homes, but there has been a disturbing upward trend in home related deaths and injuries since 1987. In 2003, there were 33.100 unintentional injury deaths in the home. Disabling injuries from acidents in the home are now at about three times the level of traffic injuries. The considerable reduction in workplace deaths is the one bright spot in the picture. In 1912. 20.000 employees last their lives in work accidents, whereas in 2008, with triple the work force only 4,300 lives were lost.

As indicated earlier, in 2003 there were 20.7 million disabling injuries from accidents: 7.9 million and 2.3 million were attributable to home and motor vehicle accidents, respectively. Alcohol is involved in about 10 percent of all types of injurious accidents and 41 percent of all traffic fatalities. Serious injury accidents in the home are about four times more likely than auto accidents. The injuries from home accidents, however, are generally less disabling than from auto collisions. Safety practices and devices have helped to reduce the accident rate consid erably. Seat belts in cars reduce the chance of death or serious injury by about 50 percent. Child safety seats save about 375 lives a year, Automobile airbags save close to 2250 lives a year. Airbags used with lap and shoulder safety belts offer the best crash protection for adult drivers and passengers, however, chil dren under 12 should be seated in rear sents to avoid risks of serious death.

 

What is all the fuss about Face Tan Water?

Lets ‘Face’ it!
Beauty trends come and go, and to be honest many of them shouldn’t have shown up in the first place! Hyaluronic Acid is NOT one of those ingredients.
Hyaluronic Acid is a key ingredient in Eco Tan Face Tan Water… But what are the benefits of Hyaluronic Acid?

Face Tan Water is our organic gradual liquid tanning serum/toner. This little gem is the all time best seller on board of Iceland Air and WOW air. It contains nothing artificial and is free from synthetic ingredients. Instead, it is made with only certified organic and natural ingredients sourced from Mother Nature.
Its calming, hydrating, and antioxidant properties are great for all skin types, even for rosacea, eczema and acne effected skin! Hyaluronic Acid (H.A) also has wonderful anti-ageing properties and is also one of the most effective hydrating ingredients for skin.

Let’s talk about skin benefits of Hyaluronic Acid
Youthful skin has the ability to hold water and retain balanced moisture with naturally occuring H.A, so as we age our skin loses it’s ability to maintain this and that is where H.A in our beauty products makes it’s star appearance!
Hyaluronic Acid is actually a vital natural substance which is part of our skin. It works to keep every aspect of the skin stable, protected and renewed. And it also holds large amounts of moisture to your skin avoiding dehydration and this can reduce effects of premature ageing too! What’s even more impressive is that H.A can do this for skin without over supplying moisture!
Did you know that too much water is a problem for skin because it causes key substances holding skin’s surface intact to break down? YES!
H.A can enhance skin moisture beyond comparison with anything else!

We break this down a bit more…
Unprotected sun exposure, damaging ingredients and harsh weather conditions can weaken your skin. H.A’s properties help to mitigate these issues, and when you use Face Tan Water as part of your daily skin regime you are feeding your skin with this incredible ingredient.
H.A also provides an antioxidant defence, this means it is one of the greatest multi-tasking products on the market to assist with anti-ageing and multiple skin issues… Do we want that? YES!
So, in the end H.A is the master of skin regimes.

CULT FACE TAN WATER WINS COVETED USA BEAUTY AWARD

Eco Tan-Eco by Sonya are absolutely blown away by their latest award all the way from the USA; revolutionary cult favourite FACE TAN WATER has just WON BEST FACE TANNER in Healing lifestyles 9th annual Earth Day Beauty Awards 2018.

The first & original Aussie made Certified Organic tanning range founded by Gold Coast single mum in 2010 after sister’s skin cancer is now an award winning multi-million dollar global phenomenon… Sonya’s tenacity and journey has given us a healthier alternative to tanning and sun safety.

Healing lifestyles 9th annual Earth Day beauty Awards 2018, now in their 9th Year, their Safe Beauty & Body team tirelessly puckered and blotted, slathered and lathered, cleansed and rinsed and – most importantly – ingredient-checked for ‘no-nasties’ until they came up with their picks for the haute monde of clean, green beauty in 2018.

Certified by the Organic Food Chain Australia, Eco By Sonya Driver x Eco Tan products are made with only organic and natural ingredients. NO NASTIES, NOTHING SYNTHETIC, NOTHING ARTIFICIAL. Just phenomenal ingredients handpicked from mother nature in all their glory.

AUSTRALIAN MADE – CERTIFIED ORGANIC – VEGAN – CRUELTY FREE – NON-TOXIC – NOTHING SYNTHETIC

Google parent company Alphabet held a secret ‘logistics summit’ last week with reps from FedEx and other shipping companies

Alphabet held a closed-door meeting with internal executives and external retailers last week to discuss potential investments and strategies in the logistics sector.

The event, which was held in Silicon Valley, was called the Alphabet Advanced Logistics Summit and hosted by Alphabet’s research and development unit, “X,” and its recently spun out infrastructure company Sidewalk Infrastructure Partners, the company confirmed to CNBC. The objective was to explore potential business models and investment opportunities in the e-commerce space with a focus in logistics and fulfillment, according to three people who attended and photos viewed by CNBC.

“We frequently bring together stakeholders from across various industries to exchange ideas and brainstorm ways that technology can deliver innovative solutions in areas like logistics,” a company spokesperson told CNBC in an emailed response.

The majority of attendees were from Alphabet, which had several teams present, according to the people, who asked for anonymity when discussing the confidential meeting. It also included representatives from external companies including FedEx, JD.com, Deliv, Flexe and a former Walmart SVP, said one of the people who attended.

The discussions come as the company tries to expand its digital shopping reach amid retail giants such as Amazon and Alibaba, both of which have invested significantly in retail, technology and logistics. Alphabet invested $550 million in China’s second-largest online shopping service, JD.com, last year and began selling some of its goods in March.

It also comes a few months after Sidewalk Labs spun out a separate entity in August called Sidewalk Infrastructure Partners, which is still backed by Alphabet and Sidewalk Labs. SIP focuses on owning, acquiring and investing in technology-enabled infrastructure, particularly in urban areas. Sidewalk Labs is known for working on a high-profile and controversial new urban smart city on the waterfront of Toronto, for which it released the master plan in June. That plan also included an underground “logistics hub.”

Analytics a major focus

The recent meeting’s discussions included predictive analytics, order fulfillment, package tracking, Bluetooth usage and drone delivery, according to the attendees.

Discussions also touched on how Amazon has hampered online retailers’ ability to reap proper value on their businesses.

Sidewalk Infrastructure Partners co-founders and co-CEOs Brian Barlow and Jonathan Winer were among the meeting’s main moderators. They outlined several points the company was using to consider potential business opportunities, including “Accelerating Fulfillment and Delivery” and “Automated, Advanced Warehousing.”

Alphabet executives seemed most interested in the analytics side of things, which could help customers predict what products they could buy and sell, attendees said. The company could break through in predictive fulfillment, which is an industry term that describes forecasting demand by predicting buyer and seller behavior. Discussions involved potentially being able to use the vast data from Google’s search queries and keywords.

“Expansion in the breadth of a fulfillment network requires either the flexible, low CapEx approach of an on-demand warehousing or a standardized, partially-automated facility using modular robotics,” read one Alphabet presentation slide titled “Key Question No. 3.” That slide gave examples of companies Fabric and Takeoff, Stord, Flexe and Darkstore.

Attendees also discussed the role of hardware and how drone delivery could be used. Wing, the drone company that spun out from Alphabet’s X division last year, beat Amazon in launching the nation’s first commercial retail delivery in partnership with Walgreens and FedEx last week. Alphabet aggressively ramped up transportation investments last year, many of which could conceivably be used in delivery.

“As last-mile delivery alternatives proliferate with the emergence of new companies and technologies, we anticipate the emergence of a marketplace to bid last-mile delivery across a wide range of options,” another one of Alphabet’s slides, titled “Key Question No. 1,” read.

EU agrees to give the UK a Brexit extension until January 31

The European Union has agreed to give the U.K. three more months to exit the bloc.

European Council President Donald Tusk, who chaired the talks among the 27 European governments, announced the decision Monday morning on Twitter: “The EU27 has agreed that it will accept the U.K.’s request for a Brexit flextension until 31 January 2020. The decision is expected to be formalised through a written procedure.”

This means that the U.K. will be able to leave the EU at any point before January 31, provided that its Parliament approves the exit agreement that Prime Minister Boris Johnson concluded with the other 27 EU leaders earlier this month.

Tusk’s announcement came after a meeting between the 27 European ambassadors, in Brussels, where they signed off on a third delay.

A draft document prepared ahead of that meeting, signed on October 27, and seen by CNBC said: “With a view to allowing for the finalisation of all steps necessary for the ratification of the Withdrawal Agreement, including the obtaining of the consent of the European Parliament, the European Council agrees to a further extension.”

“It notes that the Withdrawal Agreement will enter into force on the first day of the month following the completion of the ratification procedures by the Parties during this period, which ends at the latest on 31 January 2020,” the same document states.

The U.K. asked the EU earlier this month to be given until January 31 to leave the EU. A few days later, the U.K. Parliament voted in favor of Prime Minister Boris Johnson’s revised Withdrawal Agreement, but said once again that it needed more time to approve all the necessary legislation.

Eco by Sonya raised $100,000 for the children of Kenya

Eco Tan-Eco by Sonya pledged to raise much needed funds for the RAFIKI MWEMA Charity.
Determined to raise $100,000 fast, Eco Tan-Eco by Sonya has donated 2000 x Certified Organic Glory Oil for sale with 100% of the sales going directly to RAFIKI MWEMA for much needed funding to continue their incredible work with the children of Kenya.

 

“Imagine you are a child with no one in the world to care for you. Imagine being as young as 2 years old and being shunned and beaten for YOUR sin of being horrifically abused.” ‘Rafiki Mwema’ (translating to Loyal Friend) Kenya was born from the need to support very young girls and boys in Kenya who have suffered huge trauma.
On Saturday 22 May, within 1 week, more than $100,000 was raised for the children at Rafiki Mwema!