DOJ Ruling on Disabled Rights in Cruise ShipsWritten by Lala C. Ballatan
It is interesting to note that many disabled persons, instead of slinking away and being embarrassed by their conditions, are asserting their rights. They already educate themselves with basics of Americans with Disabilities Act (ADA) of 1990, a law which protects them against discrimination and rules that establishments and such give proper accommodations for them. Adopted to remove barriers that prevented society from benefiting from participation and contributions of individuals with disabilities, ADA took effect in July 26, 1990. Its Title I prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities – whether in job application, procedures, hiring, firing, advancement, compensation, job training and other terms, conditions and privileges of employment. It also has qualifications of a person with disability. Four other titles of ADA includes other aspects where issue of disability is very much considered: public services and public transportation, public accommodations, telecommunications and miscellaneous. Many states have also adopted and enforce versions of federal ADA. Now, on Supreme Court rulings posted by Peggy McGuiness at Opinio Juris, referred to by Walter Olson on March 2, 2005 at site, http://www.overlawyered.com/archives/cat_disabled_rights.html several important and interesting issues about ADA were raised. An argument ensued at Supreme Court when Department of Justice (DOJ) sided with a group of disabled cruise passengers who sued Norwegian Cruise Lines (NCL) for failing to provide kinds of accommodations required on public transportation under Americans with Disabilities Act. The defendant, NCL argues that they should be exempt from ADA regulation in same way that they are exempt from federal labor laws because their ships fly under Bahamian flag. The DOJ and plaintiffs argue that ADA can be applied to foreign flagged vessels operating in US waters precisely because they come in and out of US jurisdiction and operate as a public accommodation.
| | On dog bites and other dog injuries… (Part 2)Written by Granny’s Mettle
Dog bites are very common injuries for both adults and children. People bitten by a dog can have permanent disfigurement, psychological trauma, and worse, even death. It is therefore necessary to always provide great care when dealing with dogs, even those that are considered as pets.Precautionary measures are provided by experts and medical practitioners to avoid getting bitten. However, when one gets dog bites, one should know his/her rights, especially when it comes to recovering damages. If you or a family is bitten by a dog, you should: … try to identify dog. If dog has rabies, it is important that you should seek medical care and get appropriate vaccines against rabies. … not argue with owner of dog. Arguing won't do any good, especially when owner doesn't want to believe what happened. Many owners believe in goodness of their pets that's why it's hard for them to accept that their dog would bite without severe provocation. … not sign any papers or make statements on record. The dog owner, property owner or their insurance company might try to get you to sign papers or record your statements on tape. Take note that their primary goal is to get you to make statements that will help in their cause to avoid possible liabilities for your injuries. If this happens, you should consider having a lawyer present to assist you. … make a report to police. Report incident to police and they will investigate circumstances of dog bite. They will then provide a report that may help establish incident.
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