With the presence of Felix Diaz and Amanda Asijak on the floor, System Trojans opened the fourth season on the air tribal.
Monday, February 28, 2011
How Much Velocity Jt Tac 5 Recon
of guilt in abuse of CYCLISTS AS THE SUPREME COURT LIMITS LIABILITY
B) Art. 1.1 LRCSVM de1995 I and II provides a method of allocating liability for personal injury caused by reason of the movement founded on the principle objective of creating risk for driving. The liability regime for damage resulting from its movement (Article 1.1 II LRCSVM 1995) only excludes the charge when it interferes in the causal chain the conduct or negligence of the injured (if the damage is due solely to them) or a force majeure misses driving and operation of the vehicle, except, in the first case, which also attend the driver's negligence, then proceeds as the equitable restraint and responsibility sharing of the cost of compensation (Article 1.1 LRCSVM IV 1995) ( SSTS 12 and December 16, 2008), declaring the STS 25 March 2010 that "The existence of negligent conduct by the injured person gives rise to a moderation in the driver's responsibility under Article 1.2 LRCSVM. This limitation is justified in that, based the driver's responsibility for damage to persons on the objective risk created by the movement (Article 1.1 LRCSVM), the legislature finds that the negligence of the injured is a matter to be judged objectively, which according to their degree of relevance, determines that the driver was not attributable in whole or in part the resulting damage (STS 12 December 2008, RC no. 2479/2002). "
In short, the limitation of responsibility driver's negligence of the victim due to a total or partial absence of a causal relationship between his behavior and the result produced, and therefore, affect the scope of civil liability arising from it, whatever the type of compensation from and the person to perceive .
C) In the case of TS understands the sentence proved that the movement was developing in adverse circumstances "rainy day with wind parallel movement of the two cyclists appreciation for those of red light to change green; narrowing of the road, acceptance of previous friction between cyclists absence circulation space, increase the passenger to continue the march to the island at his right, point of collision with the truck at the last semi-trailer with wheel, exceeded the row of vehicles including truck right, and that never stops. "Some of them affect to a greater or lesser extent the two parties involved in the accident as the adverse circumstances were for both truck drivers and cyclists, increasing the risk of circulation :
At first because it was not in any way exclude that the presence of cyclists on the road. In fact they did two right in overtaking maneuver vehicle stopped at the red traffic light signal. While it is true that little time could see them before starting off and making the left turn (from which I could not do it by drawing the track a slight bend enough for the tractor axis deviates longitudinal semi-trailer and set dead-sighted), so is that you can not shelter your circulatory conduct the maneuver performed by the bicyclist struck. The movement has undoubtedly complex circumstances, especially on some roads, from a combined presence of vehicles of different nature, potential and risk, along with cyclists, motorists, motorcyclists and the inevitable presence of pedestrians. They all create a foreseeable risk of harm, but used due care in its exercise, but in LRCSVM is attributed solely to motor vehicle driver.
D) any of these situations occurring have been contemplated in the jurisprudence of the Chamber 1 of TS, as the driver of the motor vehicle and a person outside the movement to establish a doctrine that "behavior driver for its quantitative and qualitative entity is determining cause of the collision, even when there is a causal contribution of the victim of poor organization or disproportionate to the driver of the vehicle Motor (STS 12 December 2008). Also, in cases of mutual collision between two vehicles stating the following: "the principle of strict liability risk includes recognition of liability for damage by the driver of the vehicle respectively caused it, it is clear that this assumption can not speak properly to compensate for faults, but can only examine the concurrence of causes in the production of the accident by drivers of vehicles involved. "
E) The cyclist, from the moment he joined the movement, took part and so aware of the risk created by driving motor vehicles that the law initially placed in charge of the truck driver. This risk finally materialized through its outrage, avoid being at your fingertips, circling the rider how and where it did, could also help the truck driver, had been more cautious in discovering the presence of the cyclist by right. In a system of accountability as envisaged in the LRCSVM, must necessarily limit the driver's responsibility for negligence of the victim due to an absence, but total, partial causal relationship between his behavior and the result produced, with clear reflection in the scope of liability arising from it, and then sets the decision of the 1. First Instance. 
A) The ruling of the 1st Civil Justice No 768/2010 of 26 November 2010 states that should be modulated the driver's responsibility in cases of traffic accidents in which cyclists is involved, these from the time they join the movement, take part in a conscious and risk created by driving motor vehicles.
The TS estimated that, necessarily, limited the defendant driver's liability for negligence of the victim due to an absence, but overall if partial, causal relationship between his behavior and the result produced, therefore, regardless of type appropriate compensation and the person to receive it. The TS maintains that in a system of accountability as envisaged in the LRCSVM, the principle of strict liability risk includes recognition of liability for damage by the driver of the vehicle which respectively caused it, now it has to be note that in the case of cyclists, from the moment they join the movement, take part and knowingly created risk by driving motor vehicles, that the law initially placed in charge of the truck driver; risk, which in the present case, finally materialized through the abuse of, being in their power to avoid it, circulating cyclist and where it did, could also help the truck driver, had been more cautious in discovering the presence of the rider on his right.
The TS estimated that, necessarily, limited the defendant driver's liability for negligence of the victim due to an absence, but overall if partial, causal relationship between his behavior and the result produced, therefore, regardless of type appropriate compensation and the person to receive it. The TS maintains that in a system of accountability as envisaged in the LRCSVM, the principle of strict liability risk includes recognition of liability for damage by the driver of the vehicle which respectively caused it, now it has to be note that in the case of cyclists, from the moment they join the movement, take part and knowingly created risk by driving motor vehicles, that the law initially placed in charge of the truck driver; risk, which in the present case, finally materialized through the abuse of, being in their power to avoid it, circulating cyclist and where it did, could also help the truck driver, had been more cautious in discovering the presence of the rider on his right.
B) Art. 1.1 LRCSVM de1995 I and II provides a method of allocating liability for personal injury caused by reason of the movement founded on the principle objective of creating risk for driving. The liability regime for damage resulting from its movement (Article 1.1 II LRCSVM 1995) only excludes the charge when it interferes in the causal chain the conduct or negligence of the injured (if the damage is due solely to them) or a force majeure misses driving and operation of the vehicle, except, in the first case, which also attend the driver's negligence, then proceeds as the equitable restraint and responsibility sharing of the cost of compensation (Article 1.1 LRCSVM IV 1995) ( SSTS 12 and December 16, 2008), declaring the STS 25 March 2010 that "The existence of negligent conduct by the injured person gives rise to a moderation in the driver's responsibility under Article 1.2 LRCSVM. This limitation is justified in that, based the driver's responsibility for damage to persons on the objective risk created by the movement (Article 1.1 LRCSVM), the legislature finds that the negligence of the injured is a matter to be judged objectively, which according to their degree of relevance, determines that the driver was not attributable in whole or in part the resulting damage (STS 12 December 2008, RC no. 2479/2002). "
In short, the limitation of responsibility driver's negligence of the victim due to a total or partial absence of a causal relationship between his behavior and the result produced, and therefore, affect the scope of civil liability arising from it, whatever the type of compensation from and the person to perceive .
C) In the case of TS understands the sentence proved that the movement was developing in adverse circumstances "rainy day with wind parallel movement of the two cyclists appreciation for those of red light to change green; narrowing of the road, acceptance of previous friction between cyclists absence circulation space, increase the passenger to continue the march to the island at his right, point of collision with the truck at the last semi-trailer with wheel, exceeded the row of vehicles including truck right, and that never stops. "Some of them affect to a greater or lesser extent the two parties involved in the accident as the adverse circumstances were for both truck drivers and cyclists, increasing the risk of circulation :
At first because it was not in any way exclude that the presence of cyclists on the road. In fact they did two right in overtaking maneuver vehicle stopped at the red traffic light signal. While it is true that little time could see them before starting off and making the left turn (from which I could not do it by drawing the track a slight bend enough for the tractor axis deviates longitudinal semi-trailer and set dead-sighted), so is that you can not shelter your circulatory conduct the maneuver performed by the bicyclist struck. The movement has undoubtedly complex circumstances, especially on some roads, from a combined presence of vehicles of different nature, potential and risk, along with cyclists, motorists, motorcyclists and the inevitable presence of pedestrians. They all create a foreseeable risk of harm, but used due care in its exercise, but in LRCSVM is attributed solely to motor vehicle driver.
D) any of these situations occurring have been contemplated in the jurisprudence of the Chamber 1 of TS, as the driver of the motor vehicle and a person outside the movement to establish a doctrine that "behavior driver for its quantitative and qualitative entity is determining cause of the collision, even when there is a causal contribution of the victim of poor organization or disproportionate to the driver of the vehicle Motor (STS 12 December 2008). Also, in cases of mutual collision between two vehicles stating the following: "the principle of strict liability risk includes recognition of liability for damage by the driver of the vehicle respectively caused it, it is clear that this assumption can not speak properly to compensate for faults, but can only examine the concurrence of causes in the production of the accident by drivers of vehicles involved. "
E) The cyclist, from the moment he joined the movement, took part and so aware of the risk created by driving motor vehicles that the law initially placed in charge of the truck driver. This risk finally materialized through its outrage, avoid being at your fingertips, circling the rider how and where it did, could also help the truck driver, had been more cautious in discovering the presence of the cyclist by right. In a system of accountability as envisaged in the LRCSVM, must necessarily limit the driver's responsibility for negligence of the victim due to an absence, but total, partial causal relationship between his behavior and the result produced, with clear reflection in the scope of liability arising from it, and then sets the decision of the 1. First Instance.
.
Friday, February 25, 2011
Ftv Midnight Hot Without Clothes
Fourth Season Trojan FM La Tribu
more Let X this 2011 . Communications International with prominent columnists from the corners of the planet silenced / Bolivia / Palestine / Middle East / Basque Country / Colombia / Africa ...
more Let X this 2011 . Communications International with prominent columnists from the corners of the planet silenced / Bolivia / Palestine / Middle East / Basque Country / Colombia / Africa ... also HR the media and approaches political, economic and social from the upside of a plot full of holes traversed by the meaninglessness and absurdity ...
First Trojan program Felix Diaz and members
of Community Q'oma live in the studio tribal 
anticapitalist + + + Antipoderosos Anticoncetración + Anti-pyramid of power ...
increasingly collective
more human every day
increasingly horizontal
SYSTEM TROJANS
fourth season
fourth season
Barwick Grandfather Clock 4878
columnist Gustavo Rojana Trojan makes the presentation of his novel The Wall at the Book Fair Cuba
Our columnist
http://tiempo.elargentino.com/notas/muro-es-llamado-paz-y-esperanza
you found the note you can also complete the monthly blog column Palestine / Middle East
http://columnapalestina.blogspot.com 
Our columnist Palestine / Middle East was reported by the newspaper Tiempo Argentino occasion of the presentation of his novel "The Wall" Book Fair in Cuba.
http://tiempo.elargentino.com/notas/muro-es-llamado-paz-y-esperanza
you found the note you can also complete the monthly blog column Palestine / Middle East
http://columnapalestina.blogspot.com
Wednesday, February 23, 2011
Bib.dll_unloaded Premiere Pro Appcrash
A FENCED Formosa House and received full police to Q'oma three months of fierce repression that
The column headed by Felix Diaz came out around 18 pm from the point of camping in Q'oma Buenos Aires, located at Avenida de Mayo and Avenida 9 de Julio, to reach the House Formosa expected chelae fully fenced and guarded by a large number police. There
The column headed by Felix Diaz came out around 18 pm from the point of camping in Q'oma Buenos Aires, located at Avenida de Mayo and Avenida 9 de Julio, to reach the House Formosa expected chelae fully fenced and guarded by a large number police. There several indigenous concerning the claim made statements accompanying intense with a background of folk song, which at times chanting "murderers, murderers" and other rants that sought to lay some truth in that unfortunate episode that took the life of Q'oma brothers, invisible and silenced by the provincial and national governments.
Then the route of the march passed by Congress, the obelisk and the house of government. "So nobody can say he does not know what happened," says one brother in full swing.
Monday, February 21, 2011
Milena Velba Ki New Milking Movies
province will be three months of the murder of Roberto López
On Wednesday February 23 will mark the first quarter of the murder of Brother Roberto López Q'oma at the hands of the police Formosa, the reminder is manifest even espoera response to the national government. It should be remembered that the government of Formosa in the shape of its head, the governor Gildo Insfran, has closed the episode Q'oma repression against the people that took the life of Lopez and left more than twenty of houses burned and dozens of community members Navogoh injured with varying complexity.
This Wednesday at 18 pm is planned a march, then the community leader Felix Diaz will give a press conference and finally bring together diverse artists and intellectuals, among which are to Jairo, Bruno Arias, Caramel Santo, Antonio Tarrago Ross, Palo Gandolfo, Andrés Zerneri, Goy, Néstor Elias et al.
Why Do My Feet Hurt When Ice Skating
Q'oma brother Alfredo Olivera / La Colifata + Carlos Flores / Teatro Colon + Elias + Pamela Nestor Fadiga / Trojan System + Tribe
Sunday, February 20, 2011
What Happens If You Swallow Fish Bone
The operator of the project visited the Study The Trojan Colifata
TROJANS + THE COLIFATA
crazy program
Alfredo Olivera ago we visited few months, we talked about mental health , The Colifata and more. On Monday in midsummer Trojan we listen concepts worthy of consideration.
TROJANS + THE COLIFATA FM 88.7 MHZ TRIBE http://www.fmlatribu . com /
Sunday, February 13, 2011
What Happens When You Lose Your V Plates
commonplace. Composition instead of John Martini and non - places of Marc Augé, among other things ... We
Talk of places. Or talk about how I have fallen without realizing at places. Security policy. A couple of weeks ago I finished reading Composition of place John Martini and a couple of months ago I meet with people in college to talk about locations and movements. We talk about the hackneyed Marc Augé, for example, its non-places. We talked about liminality Turner and . Turner brings to me a childhood memory, inevitably. Is automatic: I say Turner and I head forms the image of one of my piano books a thousand years ago. Was that the name of the author. I was mad to reach that book because it was beginning to play with both hands simultaneously . Now that I think of the other Turner liminality in the background also is this: play with both hands at the same time, but look at what the one or the other, not wanting to move from one point to another, but to stay the melody suspended between the two hands. Remain suspended. Of the 60 to this part all the authors of philosophy and cultural studies talk about the same, but they put different names: diferrance, transversality, liminality, hybridity, etc. . So now the old Turner of my piano book had told them first. The two hands, but they do not separate but that abstraction left in the half.
is true: I am exceeding and especially digress ....
So back to the first place. Composition of place is a novel in which the place, of course, not composed. While looking for a family history, the main character, John Minelli, comes only with the inability to recover the place of origin. A fragmentary novel in which the hero jumps from place to place even within the same paragraph. A wandering between stories, cities, countries, times, which in turn is a textual wandering. It sounds like a truism an erratic history is told in an erratic, but believe me: not always. Many novels that address the issue of migration and nomadic are more neat than a tour guide. Eventually the story is suspended and I think it's perfect.
was 1984 and while the colleges and to read the Postboom Boom, John Martini wrote this apology to the fragmentation, the meaninglessness, identity diffused or multiple, non-places, to life itself lived in a transit site. While most notorious perpetrators of the day reveled in Latin American villages full of flying nuns and jukeboxes, Martini was in the zero locus of forgetfulness, exile, overmodernity. The space of novel is so blurred that it is difficult to distinguish from one city to another. A fourth disconnected from the world. A moving train. A long wait to cross a river. The body of a woman who can be anyone. The places and people are blurred in these pages is passed from one to another without preamble or indications.
The language from which you are told is also misplaced and is terribly beautiful. A language that also tells the uprooting through metastatic syntax, I think. Not in vain Martini says: " The language is knowledge and the error of this knowledge. Writing is to delve into the language as a mistake, make that error that poetics and poetic policy "
Speaking of language as an error and the second place I am" out of place ", despite the redundancy. I do not know in the midst of a multidisciplinary group which speaks Passageways . step locations. Someone would think that is true, that all airports are alike. So I tell myself that I can not stand. Until then, I remained silent because I am ashamed of my accent or my survival vocabulary, but can not stand . I open my mouth, drop my r's lenguarada strong and full of jacks too soft, and say, "What? We notice that you have not set foot in Maiquetía. "No one knows what I mean because, of course, have not set foot in Maiquetía. I look, eyelashes strong, say "ahem", I can not think what they think . "Yes" - I insist - "this man, Augé, not left Europe, I think." Do not make me much attention and continue talking about corridors, hallways, not places, fastfood restaurants, anonymity. It is safest to Augé if Europe has left and I do not understand anything. Or maybe that's why they bring to Turner, who spent years in Africa. History will absolve me a few days later when the expert comes to speak of hybridity Ben Gurion Airport, I hope. The expert will say that there are not all equal not all fit in a space of transit, not everyone can move freely. Maiquetia But, of course, is another matter.
is true: I am exceeding and especially digress ....
So back to the first place. Composition of place is a novel in which the place, of course, not composed. While looking for a family history, the main character, John Minelli, comes only with the inability to recover the place of origin. A fragmentary novel in which the hero jumps from place to place even within the same paragraph. A wandering between stories, cities, countries, times, which in turn is a textual wandering. It sounds like a truism an erratic history is told in an erratic, but believe me: not always. Many novels that address the issue of migration and nomadic are more neat than a tour guide. Eventually the story is suspended and I think it's perfect.
was 1984 and while the colleges and to read the Postboom Boom, John Martini wrote this apology to the fragmentation, the meaninglessness, identity diffused or multiple, non-places, to life itself lived in a transit site. While most notorious perpetrators of the day reveled in Latin American villages full of flying nuns and jukeboxes, Martini was in the zero locus of forgetfulness, exile, overmodernity. The space of novel is so blurred that it is difficult to distinguish from one city to another. A fourth disconnected from the world. A moving train. A long wait to cross a river. The body of a woman who can be anyone. The places and people are blurred in these pages is passed from one to another without preamble or indications.
The language from which you are told is also misplaced and is terribly beautiful. A language that also tells the uprooting through metastatic syntax, I think. Not in vain Martini says: " The language is knowledge and the error of this knowledge. Writing is to delve into the language as a mistake, make that error that poetics and poetic policy "
Speaking of language as an error and the second place I am" out of place ", despite the redundancy. I do not know in the midst of a multidisciplinary group which speaks Passageways . step locations. Someone would think that is true, that all airports are alike. So I tell myself that I can not stand. Until then, I remained silent because I am ashamed of my accent or my survival vocabulary, but can not stand . I open my mouth, drop my r's lenguarada strong and full of jacks too soft, and say, "What? We notice that you have not set foot in Maiquetía. "No one knows what I mean because, of course, have not set foot in Maiquetía. I look, eyelashes strong, say "ahem", I can not think what they think . "Yes" - I insist - "this man, Augé, not left Europe, I think." Do not make me much attention and continue talking about corridors, hallways, not places, fastfood restaurants, anonymity. It is safest to Augé if Europe has left and I do not understand anything. Or maybe that's why they bring to Turner, who spent years in Africa. History will absolve me a few days later when the expert comes to speak of hybridity Ben Gurion Airport, I hope. The expert will say that there are not all equal not all fit in a space of transit, not everyone can move freely. Maiquetia But, of course, is another matter.
Thursday, February 10, 2011
How Long Did Your Implantation Bleeding Last
Monday, 14 February: Love in the study Rafael Trojan
summer in full Trojan poet and singer Rafael Love .
Wednesday, February 9, 2011
Create Own Football Visor
No replies
The Q'oma Formosa province July 9 cut off again by the lack response to their claims for recognition of their land and the clarification of the abuses repression that claimed the lives of indigenous villager Roberto Lopez on Route 86.
The Q'oma Formosa province July 9 cut off again by the lack response to their claims for recognition of their land and the clarification of the abuses repression that claimed the lives of indigenous villager Roberto Lopez on Route 86. Represented in the form of his "mouthpiece" (as he calls himself) or cacique as recognized his community and the rest of society Felix Diaz of the Navogoh Q'oma still standing in Buenos Aires city full accompanied by social organizations and many personal wills. Diaz told him today our colleague Néstor Elias, against a requirement of this and among other things, that "INADI president Claudio Morgado suffered tightness of some ministers to defend the rights of the people Q'oma."
Amanda Asijac turn once again mentioned the pain I mean having to wait for the arrival of a contingent of community members from many children, to this city so different from their customs and just to make the documentation that was burned along with a dozen houses in the repressive episode where there was a dead and dozens injured.
Tuesday, February 8, 2011
Desert Eagle Gold Plated Costds
The virtuoso pianist + the social activist: Miguel Angel Estrella was breathing
This spent yesterday
in air during tribal
the program number 157
of Trojans the system.
Miguel Angel Estrella from Paris in inclusive note to FM Tribe
Monday, February 7, 2011
Tea While Fasting Blood Test
DRIVER RIGHT TO COMPENSATION FOR DEFECTIVE BREAST PROSTHESIS
MAMMARY PROSTHESIS MANUFACTURERS OF DEFECTIVE ARE REQUIRED TO INDEMNIFY THE IMPLANT PATIENTS AS THE SUPREME TRIBUBAL :
The Case December 9, 2010 the Plenum of the Civil Division of the Supreme Court condemns the manufacturer of defective breast implants, to compensate patients undergoing implants for the moral damage caused by premature removal of them.
A) The Supreme Court condemns only the manufacturer of breast prostheses, absolving the trading company in Spain, to pay the compensation sought by the actors for the moral damage suffered by reason of having had implants breast implants that later were taken following a recommendation of the Ministry of Health.
TS resource estimates as to the imputation of liability on the manufacturer of breast implants, concluding the implanted product is defective. Thus, the absence of studies of the manufacturer on the audit of the possible toxic effects of the fillers of the prosthesis, shows a product defect determining liability for damage, damage consisting of the damage caused by the premature removal of implanted prostheses with the expectation to be functional for a period of time.
On the other hand, the manufacturer has not established that the lack of checks on the toxicity of the prosthesis to obey the state of scientific and technical knowledge at the time they were put in circulation. Not detract from the defectiveness of the product that does not prove so definitive toxicity, as "defective product" is not only toxic or dangerous, but which is put into circulation without sufficient checks to exclude the existence of such toxicity or danger.
the Board concludes that the manufacturer of the product has to compensate the plaintiffs in amounts ranging from 18,000 to 24,000 euros, acquitting the distributor in Spain for lack of standing passively.
B) The product (breast prosthesis) began his employment in Spain in 1994, after the controls, and its conformity with Directive 93/42/EEC of 14 June, obtained the "CE" and admitted its distribution in all European Union countries. The prostheses were fitted to the provisions of RD 414/96 on medical devices, which are operated by the transposition into English law of that directive.
In Spain, the Department of Pharmacy and Health Products, Ministry of Health issued the decision of July 27, 2000, which were located remembered that carriers of these prostheses and advised to submit to explantation following the protocol annexed, and the replacement of prostheses for other patients to choose, at no cost to them as they ran with the British company trading costs.
The explanation of the recommendations contained in the resolution, was a prudent measure based on Article 26 LGS, although so far to address on appeal was not known that genotoxic effects had been reported in patients carrying or their offspring.
The applicants followed the recommendation of the English health authority and were made to the collection, all of which will rise to a series of injury from physical, mental and moral, for those who sue for compensation. One of them accepted the offer economic marketer during the process and stayed outside.
C) Product Liability:
1 º) Article 3 LRCPD establishing the legal concept of a faulty saying that "the term defective product that did not offer the security that might legitimately be expected, taking into account all the circumstances and particularly its presentation, the reasonably foreseeable use of it and the time of entry into service. "
As shown, the defectiveness of the product, linking the birth of responsibility, responding to circumstances of an objective consistent in that the product does not offer the safety objective that could legitimately expect depending, among other circumstances reasonably foreseeable use of it and the date of its entry into service.
Following the objective nature of this responsibility LRCPD Article 5 states that "an injured person seeking to obtain compensation for damages must prove the effect, damage and causal link between the two." It is not, therefore, it is proved the existence of negligence by the manufacturer or importer responsible.
LRCPD
Article 6 provides, among the causes of exoneration from liability (except for collecting the call progress risks), the manufacturer or importer shall not be liable if they prove "[q] hat the state of scientific and technical knowledge at the time of the circulation did not allow assessing the existence of the defect." This exception is also an objective, as evidenced by the circumstances are taken into account in determining the liability exemption.
The concept of security that may reasonably be expected to protect against the harmful consequences that result from the toxicity or potential hazards. It follows that fail to respond to safety which may reasonably be expected to use those products, among others, they can offer risks of failure verification at the time of entry into service of the lack of toxicity or danger, when it appears as reasonably possible. In these cases only liability may be exempted from the importer or manufacturer as proof that the absence of these findings reflects the fact of not being enforceable in accordance with "the state of scientific and technical knowledge at the time of entry into service" . Security flaw is, in short, not only those who embodied in the existence of risks associated with toxic or dangerous, but that is the absence of the checks needed to exclude such risks, as this absence is, in itself itself a risk.
In the present case, on the facts as proven supporting the decision under appeal can not be modified on appeal, the extraction is advised to carry the prosthesis to which it imputes the existence of a defect was due to British agency responsible for distribution of health services had been reported local complications as the manufacturer raised the issues of long-term safety of the device, and especially toxicological data on the degradation products from soybean oil, which was the fill material was not able to respond to questions raised by lack of the necessary studies, and opted to stop the marketing and production of the prosthesis in Europe. English medical authorities, according to this account of events, chose the same solution, advising the removal of the prosthesis in place.
2 º) From these facts should conclude the defectiveness of the product in place, under the following reasoning:
a) In accordance with the general doctrine that has been exposed, the lack of studies in manufacturer on checking the possible toxic effects of filling of the prostheses, reveals a defect determining product liability for damage caused.
b) This damage is the damage caused by the premature removal of prostheses implanted with the expectation to be functional for a period of time. This damage is attributable to the defective nature of goods, since the need for premature removal did not take place for reasons attributable to the patients or which may be taken as an inevitable risk in normal use, it integrates directly with the absence of safety which may reasonably be required of any breast implants, of which we can expect a degree of stability and security guaranteed by the studies enough requirements made in advance.
c) The defendant failed to prove that the lack of checks on the toxicity of the prosthesis to obey the state of scientific and technical knowledge at the time they were put in circulation.
d) The need for any prosthesis similar to those the subject of this process are removed within a more or less dilated is no obstacle to holding that the premature removal of such prosthesis involves damage in this case attributed the defectiveness of the product. On the one hand, stability is a quality directly related to safety which may require the product when, as is the case, requires a surgical procedure, complex and not safe, deployment and extraction. On the other hand, can not compare the effects of the removal of a prosthesis derived from its expected expiration or recurrent problems in its implementation and maintenance, with an extraction that is necessary or advisable to stop toxic potential unintended consequences on the body of the patient.
e) The fact that the administrative authorities to act for reasons of precaution does not prevent the existence of responsibility for the defectiveness of the product. The levels of security required in today's society behave as noted, not only the outstanding prohibition of toxic or dangerous products, but also the need to ensure through the necessary pre-checks that those circumstances are not present. The defendant has not established that these checks had been made, whose absence, by itself, be determinative of a security flaw in the product, estimated at the risk involved in wearing a prosthesis for which is unknown possible toxic nature or dangerous and lacks reasonable assurance about the absence of these circumstances.
f) The moral damage caused by the precautions taken by public authorities is objectively attributable manufacturers and importers of the product, as were measures proportionate to the need to check the possible toxicity of a product that had been put into service without a thorough check on the absence of this feature.
g) The fact that not definitively prove the product's toxicity without prejudice to their defective nature, then, as stated above, the defective product is not only the toxic or dangerous, but one that is put into circulation without sufficient checks to exclude the existence of such toxicity or danger.
3 º) Accredited the defectiveness of the product in accordance with the decision when considering the appeal, be regarded as sufficiently established the causal link between the need for extraction of prostheses defective character and moral damages suffered by those affected, which, considering the different degrees of involvement are evident expert reports submitted in the first instance, be quantified as follows:
(i) those affected appellant (Ms PFAG) has suffered significant material damage to a moderate extent inherent in medical treatment and suffered anxiety , taking into account the days of hospitalization and impediment to the exercise of its normal activities, it is up compensation of 18,000 euros.
(ii) For those affected appellant (Ms Berlanga Gertrudis Pérez Andújar) who has suffered pecuniary damage more intense degree, inherent in the condition of aesthetic effects, in addition to medical treatment and anxiety suffered, taking into account days in hospital and unable to fulfill their usual activities, account for a compensation of 21,000 euros.
(iii) For those affected applicants (Ms Ms Mary SPF and MMCM) that have suffered damage in the highest degree moral, inherent limitations arising from the medical indication not to get pregnant, as well aesthetic defects of the disease, medical treatment and anxiety suffered, taking into account the days of hospitalization and impediment to the exercise of its ordinary activities account for a compensation of 24,000 euros.
4 º) The amounts include the various concepts outlined in that specific demand, which under various titles, reference to different aspects of the moral damage suffered.
5 º) The awards accrue statutory interest from the date of the filing of the application in accordance with the provisions of art. CC 1108 because, according to the most modern jurisprudence, which exceeds the first in illiquidis non fit mora [illiquid case of sums not produce the delay] (STS 16 November 2007, CR No. 4267/2000) - the accrual of interest on the sums operates granted as compensation the value of money and should be considered justified when there is no substantial difference can be seen between the amount requested and granted, taking into account the difficulties of quantifying the concepts for which claims when they have no proprietary in nature.
The Case December 9, 2010 the Plenum of the Civil Division of the Supreme Court condemns the manufacturer of defective breast implants, to compensate patients undergoing implants for the moral damage caused by premature removal of them.
A) The Supreme Court condemns only the manufacturer of breast prostheses, absolving the trading company in Spain, to pay the compensation sought by the actors for the moral damage suffered by reason of having had implants breast implants that later were taken following a recommendation of the Ministry of Health.
TS resource estimates as to the imputation of liability on the manufacturer of breast implants, concluding the implanted product is defective. Thus, the absence of studies of the manufacturer on the audit of the possible toxic effects of the fillers of the prosthesis, shows a product defect determining liability for damage, damage consisting of the damage caused by the premature removal of implanted prostheses with the expectation to be functional for a period of time.
On the other hand, the manufacturer has not established that the lack of checks on the toxicity of the prosthesis to obey the state of scientific and technical knowledge at the time they were put in circulation. Not detract from the defectiveness of the product that does not prove so definitive toxicity, as "defective product" is not only toxic or dangerous, but which is put into circulation without sufficient checks to exclude the existence of such toxicity or danger.
the Board concludes that the manufacturer of the product has to compensate the plaintiffs in amounts ranging from 18,000 to 24,000 euros, acquitting the distributor in Spain for lack of standing passively.
B) The product (breast prosthesis) began his employment in Spain in 1994, after the controls, and its conformity with Directive 93/42/EEC of 14 June, obtained the "CE" and admitted its distribution in all European Union countries. The prostheses were fitted to the provisions of RD 414/96 on medical devices, which are operated by the transposition into English law of that directive.
In Spain, the Department of Pharmacy and Health Products, Ministry of Health issued the decision of July 27, 2000, which were located remembered that carriers of these prostheses and advised to submit to explantation following the protocol annexed, and the replacement of prostheses for other patients to choose, at no cost to them as they ran with the British company trading costs.
The explanation of the recommendations contained in the resolution, was a prudent measure based on Article 26 LGS, although so far to address on appeal was not known that genotoxic effects had been reported in patients carrying or their offspring.
The applicants followed the recommendation of the English health authority and were made to the collection, all of which will rise to a series of injury from physical, mental and moral, for those who sue for compensation. One of them accepted the offer economic marketer during the process and stayed outside.
C) Product Liability:
1 º) Article 3 LRCPD establishing the legal concept of a faulty saying that "the term defective product that did not offer the security that might legitimately be expected, taking into account all the circumstances and particularly its presentation, the reasonably foreseeable use of it and the time of entry into service. "
As shown, the defectiveness of the product, linking the birth of responsibility, responding to circumstances of an objective consistent in that the product does not offer the safety objective that could legitimately expect depending, among other circumstances reasonably foreseeable use of it and the date of its entry into service.
Following the objective nature of this responsibility LRCPD Article 5 states that "an injured person seeking to obtain compensation for damages must prove the effect, damage and causal link between the two." It is not, therefore, it is proved the existence of negligence by the manufacturer or importer responsible.
LRCPD
Article 6 provides, among the causes of exoneration from liability (except for collecting the call progress risks), the manufacturer or importer shall not be liable if they prove "[q] hat the state of scientific and technical knowledge at the time of the circulation did not allow assessing the existence of the defect." This exception is also an objective, as evidenced by the circumstances are taken into account in determining the liability exemption.
The concept of security that may reasonably be expected to protect against the harmful consequences that result from the toxicity or potential hazards. It follows that fail to respond to safety which may reasonably be expected to use those products, among others, they can offer risks of failure verification at the time of entry into service of the lack of toxicity or danger, when it appears as reasonably possible. In these cases only liability may be exempted from the importer or manufacturer as proof that the absence of these findings reflects the fact of not being enforceable in accordance with "the state of scientific and technical knowledge at the time of entry into service" . Security flaw is, in short, not only those who embodied in the existence of risks associated with toxic or dangerous, but that is the absence of the checks needed to exclude such risks, as this absence is, in itself itself a risk.
In the present case, on the facts as proven supporting the decision under appeal can not be modified on appeal, the extraction is advised to carry the prosthesis to which it imputes the existence of a defect was due to British agency responsible for distribution of health services had been reported local complications as the manufacturer raised the issues of long-term safety of the device, and especially toxicological data on the degradation products from soybean oil, which was the fill material was not able to respond to questions raised by lack of the necessary studies, and opted to stop the marketing and production of the prosthesis in Europe. English medical authorities, according to this account of events, chose the same solution, advising the removal of the prosthesis in place.
2 º) From these facts should conclude the defectiveness of the product in place, under the following reasoning:
a) In accordance with the general doctrine that has been exposed, the lack of studies in manufacturer on checking the possible toxic effects of filling of the prostheses, reveals a defect determining product liability for damage caused.
b) This damage is the damage caused by the premature removal of prostheses implanted with the expectation to be functional for a period of time. This damage is attributable to the defective nature of goods, since the need for premature removal did not take place for reasons attributable to the patients or which may be taken as an inevitable risk in normal use, it integrates directly with the absence of safety which may reasonably be required of any breast implants, of which we can expect a degree of stability and security guaranteed by the studies enough requirements made in advance.
c) The defendant failed to prove that the lack of checks on the toxicity of the prosthesis to obey the state of scientific and technical knowledge at the time they were put in circulation.
d) The need for any prosthesis similar to those the subject of this process are removed within a more or less dilated is no obstacle to holding that the premature removal of such prosthesis involves damage in this case attributed the defectiveness of the product. On the one hand, stability is a quality directly related to safety which may require the product when, as is the case, requires a surgical procedure, complex and not safe, deployment and extraction. On the other hand, can not compare the effects of the removal of a prosthesis derived from its expected expiration or recurrent problems in its implementation and maintenance, with an extraction that is necessary or advisable to stop toxic potential unintended consequences on the body of the patient.
e) The fact that the administrative authorities to act for reasons of precaution does not prevent the existence of responsibility for the defectiveness of the product. The levels of security required in today's society behave as noted, not only the outstanding prohibition of toxic or dangerous products, but also the need to ensure through the necessary pre-checks that those circumstances are not present. The defendant has not established that these checks had been made, whose absence, by itself, be determinative of a security flaw in the product, estimated at the risk involved in wearing a prosthesis for which is unknown possible toxic nature or dangerous and lacks reasonable assurance about the absence of these circumstances.
f) The moral damage caused by the precautions taken by public authorities is objectively attributable manufacturers and importers of the product, as were measures proportionate to the need to check the possible toxicity of a product that had been put into service without a thorough check on the absence of this feature.
g) The fact that not definitively prove the product's toxicity without prejudice to their defective nature, then, as stated above, the defective product is not only the toxic or dangerous, but one that is put into circulation without sufficient checks to exclude the existence of such toxicity or danger.
3 º) Accredited the defectiveness of the product in accordance with the decision when considering the appeal, be regarded as sufficiently established the causal link between the need for extraction of prostheses defective character and moral damages suffered by those affected, which, considering the different degrees of involvement are evident expert reports submitted in the first instance, be quantified as follows:
(i) those affected appellant (Ms PFAG) has suffered significant material damage to a moderate extent inherent in medical treatment and suffered anxiety , taking into account the days of hospitalization and impediment to the exercise of its normal activities, it is up compensation of 18,000 euros.
(ii) For those affected appellant (Ms Berlanga Gertrudis Pérez Andújar) who has suffered pecuniary damage more intense degree, inherent in the condition of aesthetic effects, in addition to medical treatment and anxiety suffered, taking into account days in hospital and unable to fulfill their usual activities, account for a compensation of 21,000 euros.
(iii) For those affected applicants (Ms Ms Mary SPF and MMCM) that have suffered damage in the highest degree moral, inherent limitations arising from the medical indication not to get pregnant, as well aesthetic defects of the disease, medical treatment and anxiety suffered, taking into account the days of hospitalization and impediment to the exercise of its ordinary activities account for a compensation of 24,000 euros.
4 º) The amounts include the various concepts outlined in that specific demand, which under various titles, reference to different aspects of the moral damage suffered.
5 º) The awards accrue statutory interest from the date of the filing of the application in accordance with the provisions of art. CC 1108 because, according to the most modern jurisprudence, which exceeds the first in illiquidis non fit mora [illiquid case of sums not produce the delay] (STS 16 November 2007, CR No. 4267/2000) - the accrual of interest on the sums operates granted as compensation the value of money and should be considered justified when there is no substantial difference can be seen between the amount requested and granted, taking into account the difficulties of quantifying the concepts for which claims when they have no proprietary in nature.
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The Different Meanings Of Jelly Bra
The driver said we were running late. A passenger tie
nodded vigorously.
But the Ethiopian boy smiled and said his friend was waiting at the bus stop the next village, he had to keep the position, please .
sounded so polite, so gentle, that even Mr. tie put aside his impatience, he sighed and devoted himself to look out the window as if to say "she ihié , whose literal translation would be "it" but more accurately is like saying "that is what God wants." A surrender to events. a shrug. I was going to be late anyway.
The van full of passengers going continued toward the next town to the station where another Ethiopian guy would be waiting. His companion kept a job. No one objected, after all the people were on the road, did not involve even a detour. The only problem was that the driver could not pick up another passenger on the way, because the post was reserved.
After a twisty road, cypress and orange trees, we to the edge of town. At the bus stop was not the boy. who kept the job he said he saw it coming, which was across the street, which we expected . The driver and all passengers we look to the point that the boy pointed but did not see it: only a couple of elderly people with a dog across the street, some teenagers and a soldier.
- there is - the driver said.
"Yes, yes - said the boy - and across the street, you're coming.
- I do not see anybody - said the passenger of the tie, enraged.
"I can not wait - the driver said - and let in too much delay.
- For me - told a fat woman who was sitting next to me - no problem in waiting. Perhaps even I can not get off to smoke a cigarette.
- From nobody here is low - the driver shouted.
- What is this? A dictatorship? - Shouted the fat.
- it seem right that you also expect that cigar smoke you screamed the passenger of the tie.
- Perhaps one can not smoke a cigarette while we're here, the fat detainees had taken a box of cigars and a lighter-Are not we already in custody? What I need is a minute ...
While the truck was a cry van itself covering herself with the seat back in front, the Ethiopian boy spoke his language phone. No need to be amhárico to translate that claimed the other the failure to come to the stop on time.
- What? - Shouted the driver, looking through a rearview mirror.
- has not left the house - said the Ethiopian guy and I remembered that a minute before he said he saw it coming, who was crossing the street - but maybe we can wait for just 5 minutes.
The passenger of the tie snorted loudly. The fat kept the cigar box.
- I do not expect anyone - concluded the driver and continue travel.
nodded vigorously.
But the Ethiopian boy smiled and said his friend was waiting at the bus stop the next village, he had to keep the position, please .
sounded so polite, so gentle, that even Mr. tie put aside his impatience, he sighed and devoted himself to look out the window as if to say "she ihié , whose literal translation would be "it" but more accurately is like saying "that is what God wants." A surrender to events. a shrug. I was going to be late anyway.
The van full of passengers going continued toward the next town to the station where another Ethiopian guy would be waiting. His companion kept a job. No one objected, after all the people were on the road, did not involve even a detour. The only problem was that the driver could not pick up another passenger on the way, because the post was reserved.
After a twisty road, cypress and orange trees, we to the edge of town. At the bus stop was not the boy. who kept the job he said he saw it coming, which was across the street, which we expected . The driver and all passengers we look to the point that the boy pointed but did not see it: only a couple of elderly people with a dog across the street, some teenagers and a soldier.
- there is - the driver said.
"Yes, yes - said the boy - and across the street, you're coming.
- I do not see anybody - said the passenger of the tie, enraged.
"I can not wait - the driver said - and let in too much delay.
- For me - told a fat woman who was sitting next to me - no problem in waiting. Perhaps even I can not get off to smoke a cigarette.
- From nobody here is low - the driver shouted.
- What is this? A dictatorship? - Shouted the fat.
- it seem right that you also expect that cigar smoke you screamed the passenger of the tie.
- Perhaps one can not smoke a cigarette while we're here, the fat detainees had taken a box of cigars and a lighter-Are not we already in custody? What I need is a minute ...
While the truck was a cry van itself covering herself with the seat back in front, the Ethiopian boy spoke his language phone. No need to be amhárico to translate that claimed the other the failure to come to the stop on time.
- What? - Shouted the driver, looking through a rearview mirror.
- has not left the house - said the Ethiopian guy and I remembered that a minute before he said he saw it coming, who was crossing the street - but maybe we can wait for just 5 minutes.
The passenger of the tie snorted loudly. The fat kept the cigar box.
- I do not expect anyone - concluded the driver and continue travel.
Friday, February 4, 2011
Rheem Warrior Water Heater Heating Element
late naps, Russian fables and political correctness
As a child I had a book he wanted with all the strength of my childhood. Had given me an aunt who traveled extensively, was green like a bottle of wine and had very few pictures. was the first book I read without pictures . A book made almost every letter, with some illustrations every 20 pages or so. Black and white illustrations, badly drawn, a little ugly. They were Russian fables and my aunt had brought from Russia, or that's what my memory likes to believe, that my aunt had brought from Russia a Russian book of fables. My aunt also had (has) Russian common name in Venezuela that I did not know he was Russian, but when I knew I trembled with happiness because it fit perfectly into the memories and the magic book: My aunt brought me name Russian Russian a book Russian fables. As memory is very tricky and children understand things his way, this may be true only remember the name of my aunt and the origin of fables, not the book, because I know that has been brought Russia from a book written in English. Nor do I know that my aunt has been in Russia, although in London and Copenhagen because I saw pictures and heard stories. Russia never heard anything. Of Russia only had this book. book I read with fervor during all naps of my childhood. Not sleeping for naps of my childhood, course, because then I used to sleep with my sister in our parents bed instead of sleeping, I read that book to her, who listened attentively, but sometimes fell asleep, then I I continued to read quietly, amazed, not sleeping for a second, or when I slept, dreaming of those cabins in the middle of nowhere, these czars, these geese and those charms. Dreaming even hunger and poverty in which many such tales begin, with thick soups and pastries then out of nowhere . All noon, after lunch, my sister asked me to read this book and since then I became their official reading. How many times have I read "Place called Kindberg" in our youth? But that's another story.
From now on and in an unprecedented act of rebellion I intend to read to my children uncensored Huckleberry Finn, cruel - and precisely because of this exciting, fables or subversive Russian prince. In all our naps we stick to the politically incorrect. 
As a child I had a book he wanted with all the strength of my childhood. Had given me an aunt who traveled extensively, was green like a bottle of wine and had very few pictures. was the first book I read without pictures . A book made almost every letter, with some illustrations every 20 pages or so. Black and white illustrations, badly drawn, a little ugly. They were Russian fables and my aunt had brought from Russia, or that's what my memory likes to believe, that my aunt had brought from Russia a Russian book of fables. My aunt also had (has) Russian common name in Venezuela that I did not know he was Russian, but when I knew I trembled with happiness because it fit perfectly into the memories and the magic book: My aunt brought me name Russian Russian a book Russian fables. As memory is very tricky and children understand things his way, this may be true only remember the name of my aunt and the origin of fables, not the book, because I know that has been brought Russia from a book written in English. Nor do I know that my aunt has been in Russia, although in London and Copenhagen because I saw pictures and heard stories. Russia never heard anything. Of Russia only had this book. book I read with fervor during all naps of my childhood. Not sleeping for naps of my childhood, course, because then I used to sleep with my sister in our parents bed instead of sleeping, I read that book to her, who listened attentively, but sometimes fell asleep, then I I continued to read quietly, amazed, not sleeping for a second, or when I slept, dreaming of those cabins in the middle of nowhere, these czars, these geese and those charms. Dreaming even hunger and poverty in which many such tales begin, with thick soups and pastries then out of nowhere . All noon, after lunch, my sister asked me to read this book and since then I became their official reading. How many times have I read "Place called Kindberg" in our youth? But that's another story.
then fell upon me the task of reading it, tacitly, of course, no one specifically asked me to read him at all, quite the contrary, what we wanted in those days was that naps fell asleep, like all children of our age. Or that's what our mother said that all the children of our age at that time were taking a nap, something which I doubt, though I never asked another boy what he did at noon and, indeed, the few times I was at a lunchtime street, I saw no children, but this may be due to hot flashes that time, rather than the discipline of the siesta.
thousand years later, recognized Russian fables, but far more beautiful or more bizarre than I remembered them, in the stories of Amos Oz's mother, in History of Love and Darkness , but that is another history.
II
For there goes rolling news that seek to censor Huckleberry Finn. Change all of the words "politically incorrect" that used to refer to blacks by more docile or do not offend anyone. It seems that the words "nigger" will put "slave." Perhaps in those days was better to be black to dry than a slave, but that the lords of censorship not interested . Who cares about Mark Twain and his bad decision to write 219 times the word nigger. No one would think it was this man 219 times in front of the word nigger and so left it.
So I wonder if will they begin to review the whole literature of past centuries to remove her so in this century may offend prude. Will literature in general, and especially children's literature should be neat, moral and educational? If so will need to lift the planet earth in the Russian fable all that death, hunger, flies, deceit, pain, guts abound.
thousand years later, recognized Russian fables, but far more beautiful or more bizarre than I remembered them, in the stories of Amos Oz's mother, in History of Love and Darkness , but that is another history.
II
For there goes rolling news that seek to censor Huckleberry Finn. Change all of the words "politically incorrect" that used to refer to blacks by more docile or do not offend anyone. It seems that the words "nigger" will put "slave." Perhaps in those days was better to be black to dry than a slave, but that the lords of censorship not interested . Who cares about Mark Twain and his bad decision to write 219 times the word nigger. No one would think it was this man 219 times in front of the word nigger and so left it.
So I wonder if will they begin to review the whole literature of past centuries to remove her so in this century may offend prude. Will literature in general, and especially children's literature should be neat, moral and educational? If so will need to lift the planet earth in the Russian fable all that death, hunger, flies, deceit, pain, guts abound.
From now on and in an unprecedented act of rebellion I intend to read to my children uncensored Huckleberry Finn, cruel - and precisely because of this exciting, fables or subversive Russian prince. In all our naps we stick to the politically incorrect.
Does A Kidney Infection Have Discharge
Summer Buenos Aires ... Miguel Angel Estrella + Elias + Pamela Nestor Fadiga
The Trojans you again to air the program that we from France with the eminent pianist Miguel Angel Estrella . Do not say I did not warn you!!
Thursday, February 3, 2011
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