Despite the extensively documented
dangers pellet-type rat poisons pose to pets, children, and wildlife, they continue to be a readily available and popular solution to a ubiquitous urban problem. Parents of small children or owners of dogs or cats that are allowed to roam outside should avoid using poisoned baits. But what if a neighbor uses them and poisoned rats begin showing up in your yard? There are a few things to bear in mind.
How rat poison works
There are several types of rodent poison common in the United States. A common feature of all of them is that they are designed to kill a small mammal. Even if a dog, cat, or child is substantially larger than a rat, the poison works in much the same way on their systems as it does on a rat’s. Even if it doesn’t kill, it can cause serious injury. Here are the four common types:
- Anticoagulant rodenticides (ACR). These chemicals cause severe internal bleeding, effectively causing the rodent to bleed to death. In sufficient quantities they can cause bleeding from the nose or gums, coughing (bleeding in the lungs), and other severe symptoms.
- Cholecalciferol. This type of poison causes kidney failure through a buildup of calcium in the body. It can be very difficult to treat due to the challenge of getting calcium out of the kidneys. Its symptoms can include lethargy, increased thirst, and tremors.
- Bromethalin. This poison causes brain swelling, leading to vomiting, seizures, and other severe reactions.
- Phosphides. These poisons are typically used to control larger pests like moles. They create a poisonous gas in the stomach.
Each of these poisons can be treated to various degrees
, but the goal should really be to avoid having them in the environment at all. There are effective alternatives to poison, including “zap traps” that use electric shock and traps that kill the rat with a powerful blow to the spine.
Potential legal problems with using rat poison
In addition to the physical risks to pets and children, using rat poison can create legal risks as well. The more serious one is if a child gets ahold of poison that hasn’t been adequately childproofed. In some situations a person who does so may be committing negligence. This can be true even if the child was trespassing on the property at the time. For example, if the property has a trampoline that is accessible to children in the neighborhood, one should anticipate children being around rat traps left nearby.
A less costly but still serious risk is that the poison will hurt or kill a neighbor’s pet. Even if poison can’t be reached by pets in the containers where it’s left, a dog could easily find a dead or dying rat and eat it. Even though there are limits on how much a person can recover in a lawsuit for injuries to pets, it is better to avoid the problem to begin with.
GGRM is a Las Vegas personal injury law firm
For over 45 years the law firm of Greenman Goldberg Raby Martinez has helped injured clients in the Las Vegas area recover compensation. If you have questions about a potential legal issue related to rat poison, call us today for a free attorney consultation. We can be reached at 702-388-4476 or send us a request through our site
Mental health challenges can affect someone’s ability to work and even make day-to-day living difficult. Treatment tends to take time, involves a lot of visits with therapists and other specialists, and ultimately can cost a great deal of money. Some mental health problems can arise in connection with work. When that happens, workers’ compensation insurance may offer financial relief.
Establishing the relationship between mental illness and work
For a disease to qualify for workers’ compensation insurance in Nevada it must arise out of or in the course of employment. This requirement poses a challenge for people suffering from many kinds of mental health issues. An insurer faced with a claim for expenses relating to mental health has a strong incentive to find that the illness had a cause that was unrelated to work.
In some ways a mental health problem can be analogous to physical injury. Someone who falls at work because of a knee that was injured in a skiing accident may face a difficult fight with an insurer. The same can be true for someone whose mental health condition arose from non-work causes, like a genetic predisposition or substance abuse.
In the early stages of a claim an insurer will require the worker to undergo evaluation by a specialist chosen by the insurer. Quite often an insurer chooses specialists who it knows are more likely to diagnose a less serious condition or determine that the condition had a cause that wasn’t related to work. Workers need to take steps to exercise their right to select a doctor who will be more attuned to the patient’s needs.
Specific events can strengthen a case
It can be easier to show that a mental health condition is job-related if its cause can be traced to a specific event. Some kinds of mental health problems can be related to exposure to toxic substances
like mercury or pesticides. The science establishing the connection between toxins and mental health is relatively new, which may lead to complex coverage disputes.
Other problems arise because of a specific stressful event, such as witnessing a traumatic workplace accident or experiencing an especially violent incident. NRS 616C.180
specifically provides that workers’ compensation benefits will apply to treatment for “mental injury caused by extreme stress in times of danger.” Establishing causation for conditions like post-traumatic stress disorder
can be relatively straightforward, but is not free of potential roadblocks.
An experienced attorney can defend your rights
Getting workers’ compensation benefits for job-related mental health difficulties can be hard without an experienced advocate. For over 45 years the law firm of Greenman Goldberg Raby Martinez has served clients in the Las Vegas area in the areas of workers’ compensation and personal injury. If you have questions about how to pursue a workers’ compensation claim for job-related mental health issues, please reach out to us today for a free, confidential attorney consultation. Call us at 702-388-4476, or send us a request through our site