Who is Liable When Someone is Injured on Your Property?

Owning a home or a business is a dream of many, but with it comes many responsibilities. One of those responsibilities is keeping your property as safe as possible. You may think that your home or business is yours to do with as you please, but there are many laws that oversee the upkeep and maintenance of these properties for the safety of visitors.

So does this mean you’re liable when someone is injured on your property? Can they always sue and get extra money over and above their medical bills? Are you at risk for losing that property if they do sue?

Liability and Insurance

In many cases, an injury suffered on someone’s property is paid for by the homeowner’s insurance policy. Typically when you have a mortgage on a home or business, you are required to maintain proper insurance for such occasions. Medical bills are usually paid for through this policy.

This means that homeowners typically don’t need to worry excessively about injuries suffered on their property, as they rarely mean paying money out of your own pocket for medical bills and such expenses.

But what about additional liability? Can someone sue you for any damages or expenses above and beyond those bills or the coverage provided by the insurance?

Extenuating Factors

The answer to this question is that there is no easy answer. Every case is different and there are always extenuating circumstances. Did a fall occur because you have chipped concrete? Or was their snow falling at the time, meaning there wasn’t much you could do to clear the sidewalk?

That there are always extenuating factors is why these cases are heard in a court of law. Someone may file suit against you but you have a chance to argue that suit and present your own defense. Rarely does someone lose their assets because of a fall or injury on their property but of course there is a responsibility that a homeowner has, and he or she may need to explain why they’ve neglected that responsibility in extreme cases. In any event, it’s always good to seek the advice and counsel of an attorney in order to protect your own interests. This article is not intended to provide legal advice.

Learn more about premises liability from Wurtzel Law of Long Island, NY

Motorcycle Injuries Are Reduced By Wearing a Helmet

Wearing a helmet reduces the chance of a serious head injury by 70%
In 1975 Congress repealed the requirement for states to impose helmet requirements to receive federal highway funding.

When the first motorcycle hit the road in 1885, there was little need for a helmet to be worn as the risk of injury if the rider fell off was much less as the bike was travelling at much slower speeds.

In 1953 a professor from Southern California University invented a motorbike helmet in response to the higher speeds that bikers were travelling at and the increase in deaths through motorcycle accidents. In 1958 the Highway Patrol Officers in California started to wear helmets in the hope that they would set an example to other motorbike riders in the state.

In 1996 the Highway Safety Act made it law that states had to have mandatory helmet laws if they were to receive federal funding for the highways. By 1975 forty seven states were complying with the Highway Safety Act but in the same year, Congress repealed the Act and so fatalities from motorcycle accidents began to rise again.

Over the years various states have veered backwards and forwards on the laws requiring motorcyclists to wear helmets, but as motorcycles have become more powerful and faster, deaths from motorcycle related accidents have climbed to 8%.

In a study done back in 1990 by the University of California it was found that in 900 motorcycle accidents studied there were close to a 1000 head and neck injuries to both the rider and passengers. In accidents where motorcyclists were wearing helmets the occurrence of serious head and neck injuries was drastically reduced.

It is a well known fact that in motorcycle accidents, head injuries are the main cause of death, whereby helmets can protect from serious head injuries and death in around a third of these cases. A person wearing a helmet has a 70% chance of avoiding a brain injury in an accident.

If you have suffered an injury through a motorcycle related accident and would like legal advice then contact personal injury attorney Gary R Jodat of the Jodat Law Group, based in Venice, Florida.

Medical Malpractice: Mix ups at Fertility Clinics

New York couple sue fertility clinic for using wrong sperm
Couple sue after giving birth to sextuplets

In a widely reported case in 2007 a New York couple sued the fertility clinic where they were receiving treatment after the woman was impregnated with the wrong sperm. Nancy Andrews was undergoing an in vitro fertilization procedure, after failing to conceive naturally. Mrs Andrews expected to become pregnant by her husband, however when the baby was born, it had significantly darker skin than both parents and DNA tests later showed that another man’s sperm had been used to artificially inseminate the mother’s eggs. The Andrews raised the little girl as their own but decided to still sue the fertility clinic involve and the embryologist who it is alleged got the samples mixed up for negligence.

In a similar case a few years earlier a white British couple had black twins after a mix up at the fertility laboratory.

In an earlier case filed in 1985 a couple won around $6 million in a malpractice suit after three of their sextuplets died and the other three were left mentally retarded. The couple claimed that the clinic had failed to perform tests to indicate the potential for multiple births and failed to monitor the fertility drug given to the mother properly. The couple claimed that if they had received proper advice about the likelihood of multiple births then they could have chosen not to go ahead with the fertilization. While the clinic agreed to settle, the doctor involved refused to be involved in the settlement and said that the woman had not followed instructions with regard to the fertility drug. Interestingly the woman went on to use the same fertility drug again and became pregnant with twins.

However, while such cases hit the headlines and no doubt cause much distress to the families involved, the incident of these errors is very low considering the large number of couples that opt for fertility treatment.

Additional legal information: Medical malpractice lawyer, Kris Barber of the Barber Law Firm, serving clients through out Dallas, Texas from their office in Grapevine and Richardson.

5 Steps to Buying a Home in Sarasota

Even in this tough recession homes are still being bought and sold, even if the pace is much slower than the boom years of the past. Many buyers are eager to take advantage of the US Government’s tax rebate for first time buyers. There are several steps that smart homebuyers take when purchasing a house.

For those new to home buying here are the first five steps to buying a home.

Step 1: Know How Much You Can Afford

This is the crucial first step. Skip it and you may find yourself in the same situation many are facing right now: Losing you home to foreclosure. The amount will depend on your income, expenses, down payment, and credit rating. Take the time to determine how much you can afford before house hunting. A trusted lender can help you with this step.

Step 2: Learn Your Rights

Buying a home is a legal transaction and there are local and federal laws that govern the process. Research and find out about Fair Housing, Borrower’s Rights, Predatory Lending, and the Real Estate Settlement Procedures Act. Your lender can help and there are also government brochures available on all these topics. Contacting a Sarasota attorney would be beneficial, too.

Step 3: Shop for the Best Loan

Many people make the mistake of finding the home before they find the loan. Often this forces them to rush the loan process so they do not lose the house. Find the loan first by talking with several different lenders. You should discuss the different types of loans, interest rates, and terms. Find the best loan and consider being preapproved and you’ll be one step closer to home ownership.

Step 4: Learn About Special Home Buying Programs

The federal government and individual states have home buying programs that have helped many people finance and buy a home. Many of these are geared toward first home buyers and may involve tax rebates, grants, and low interest loans.

Step 5: Shop for a Home

Finally, the fun step! Now that you know how much house you can afford, and may be preapproved for a loan and enrolled in a home buying program, you are ready to start house hunting. You probably already know where you want to buy and the style of home. If you don’t have a real estate agent already you may want to choose one now. They can make your hunt much easier and often know about properties that are not listed yet but about to go on the market. In addition you can conduct online searches and read newspaper real estate sections. Another option is to build and in this case you’ll need to find a reputable builder or real estate development company.

House hunting is a different experience for everyone. Some find the perfect house in days, while others spend months searching. It is important to have patience, and find a house that will become your home. If you have done your homework, and the first four steps, you will be in a great position to take the final steps to buying a home when you find the perfect house.
More Information on Home Buying: If you would like help purchasing a home in Sarasota, FL, visit the luxury realtors Michael Moulton & Annette Rogers. There experience and expertise will help you find the right home.

Burn Injuries

Burns are skin injuries that can be caused by electricity, heat, intense light, chemicals, friction or radiation. Usually, burns will affect the skin (dermis and epidermis), but burns can also affect blood vessels, muscle and bone on more rare occasions. Burns are significant injuries since, although common, they can be quite painful and serious burns can be very debilitating, disfiguring and even fatal.

Serious burns will also bring about secondary conditions such as infection, shock, electrolyte imbalance, multiple organ dysfunction and respiratory problems. Larger burns that were, in the past, fatal can be treated utilizing modern medical technology that has been developed over the last sixty years. This has improved the prognosis of serious burn victim – especially among children and younger adults.

There are several different classification systems, but the traditional method of classifying burns involves dividing them into the three categories of first, second and third degree burns. This system is currently being replaced, however, by one that takes into account the need for surgical intervention. This system classifies burns as; superficial, superficial partial-thickness, deep partial-thickness and full-thickness.

Descriptions of traditional burn classifications are:

• First-Degree Burns – minor burns that are usually limited to a redness of the skin with only minor pain associated with the burn. Sunburns are usually placed within this burn classification.

• Second-Degree Burns – are defined by redness that includes blistering of the skin at the burn site. The amount of pain experienced will be directly related to the amount of nerve damage involved.

• Third-Degree Burns - are severe burns where the epidermal layer of the skin is lost and there will be damage to the subcutaneous tissue, as well. These burns will result in scar tissue with hair loss and may require surgical procedures in the form of skin grafts.

• Fourth-Degree Burns – are very severe burns that damage tendons, muscles and ligaments. There will be charring and complete damage to the hypodermis and, in some cases; the hypodermis may be completely burned away. The resulting condition may be a life threatening complication known as compartment syndrome. Grafting will most certainly be required, provided the burn (or its complications) doesn’t prove fatal.

Please note that this article is for informational purposes only and is not intended as legal advice.

For assistance with Social Security claims involving burns, talk to Texas SSI Disability Lawyer today.

Who are the beneficiaries of an Estate?

• Who qualifies as a Beneficiary?
• Rights of a Beneficiary

An inheritance tax is paid anytime a portion of a deceased person’s estate is transferred to a qualified beneficiary. This is true whether a person leaves a Will or not. In the absence of a Will, the state provides guidelines for who qualifies as a beneficiary of a deceased person’s estate.

If married, the husband or wife is awarded the deceased person’s estate. If a person has a registered civil partner, they are eligible for the person’s estate. However, surviving partner who remains unmarried or unregistered to the deceased person is not qualified for receiving any portion of the estate.

If married, the deceased individuals married or registered civil partner gets priority for receiving the estate. The interest or income of funds located in a bank account for example is directly credited to the partner. The original amount invested however is passed to their children if the partner passes away.

If both parents are deceased, the deceased individual’s estate passed to their children. Depending on state or local laws in your area, illegitimate and adopted children are also given a portion of the estate. But in order for the children to gain control assets awarded to them, they must be of legal age (18 years or older) or they must enter a period of guardianship where funds are placed in trusts until they reach the required age. Portions of the estate are divided equally to the deceased children. In cases where one of the children has passed away, their rights to the estate in turn is passed to their children.

In instances when the deceased has no husband, wife or registered civil partner, all assets and properties are passed to the nearest relative. The rules regarding receivership are similar to those found in the awarding of administration rights in probate cases.

Any surviving or both parents of the dead person.

Siblings of the deceased individual who have similar mother and father (same blood) are given next priority. In cases where a brother or sister is deceased, right are passed to their descendants.

Half brothers or half sister, cases where the deceased individual shares the same mother or father but not both. Rights to the estate are awarded to their descendants in cases when they become deceased.
In the absence of the above persons, grandparents of the deceased individual are awarded the estate.

Aunts or Uncles (whole blood), meaning brothers and sisters of the parents of the deceased share both parents, rights are passed to their descendants.

Aunts or Uncles (half blood), brothers and sisters of deceased individuals parents who share only one common mother or father.
The state receives the estate in cases where the deceased person has no relatives.

If you have any questions regarding Probate Law please visit Attorney Adrian Philip Thomas with offices located at Fort Lauderdale, Florida

Probate Law

Owning any type of property, a house, car or having money in the bank is one of life’s most rewarding experiences. Assets gathered thru years of hard work and investing should always be protected. Creating a portfolio that contains all your valuable assets should be considered to monitor and manage them better.

Asset Protection

Asset protection is the process of organizing all assets including business, personal and professional by using legal methods to safeguard them against future risks. Asset protection method allows individuals to protect their properties against future creditors making it harder for them to collect your assets and properties.

There is a very fine line separating “legal” protection and defrauding credit providers. This is why getting an attorney that specializes in legitimate asset protection services is essential. These professional’s help you incorporate financial decisions with legitimate practices to create a portfolio that is diverse and protected against the risk of loss in the future.

Lawyer

The benefits of getting the services of a lawyer who specializes in asset protection are more important than ever. The law serves to protect the rights of professionals and their clients. But sometimes, decisions awarding creditors or clients could only be described as preposterous. Plaintiffs are awarded millions of dollars in damages which are charged to an individual’s assets.

Insurance Coverage

Getting insurance is a great way of avoiding and decreasing the loss of valuable assets to future creditors. But insurance coverage is sometimes limited and does not cover all damages or expenses incurred. This is why getting a lawyer who specializes in asset protection is vital in preventing exuberant damages and payments from touching your investments.

Who needs asset protection?

Individuals with high risk jobs
Medical professionals like doctors are vulnerable to litigations due to the nature of their jobs. With cases of medical malpractice on the rise, awards from such legal proceedings run in the thousands and in extreme cases could run in the millions of dollars. Medical insurance only covers a certain percentage of expenses incurred, leaving them virtually ruined.

Individuals with considerable assets
These groups of individuals comprise the majority of all individuals getting asset protection services. With assets and investments so diverse, they are at high risk for losing portions of their properties due to their exposure in a wide array of business and services.

For more information regarding Asset Protection and Probate Laws click this link at Adrian Philip Thomas, Public Attorney with law offices located at Fort Lauderdale, Florida

Labor Laws: Protecting Employees’ Rights in the Workplace

Labor law concerns the rights and restrictions of employees and their organizations, and intercede professional relationships between workers and their employers. While employees often rally for improved conditions and extended freedoms, employers often try to impose more restrictions for their workers. Complicating matters is the often aggressive presence of workers’ unions, which can wield great political power if strengthened. Thus labor laws often reflect struggles between opposing classes in society.

The Employment Contract

The crux of these labor laws is the employment contract, a written agreement between worker and employer detailing the privileges and responsibilities of each. This contract exists to protect the rights of the worker while demonstrating their commitment to their employer. Most of these contracts fall under an “at-will,” condition, meaning the employer can fire the employee at any time if the terms of the contract are broken. Other components of labor law exist as basic rights for the worker. For instance, minimum wage guarantees that a worker will be paid at least a minimum amount imposed by government standards to be fair.

Length of the Workweek

Additionally, the length of a workday and workweek is another standard of labor laws. The standard workday length is imposed to ensure that an employee cannot be forced into overexertion. In the United States, labor law decrees the standard work week to be 40 hours, meaning that no employer can force their staff to work more than that. However, a worker is permitted to work up to 72 hours a week if they desire. After working up to 72 hours in a week, harvesters are required to receive 24 hours off before they are permitted to work again. Other elements of labor law include those guidelines pertaining to health and safety conditions of the workplace, anti-discrimination laws (preventing employers from discriminating against different races, genders, classes or ages), and unfair dismissal (ensuring that an employee is fired for just cause). Specifically, the fifth and fourteenth amendments of the Constitution speak out against discrimination.

Obligations of the Employee

In addition to outlining the obligations and needs of the workers from employers and the workplace environment, labor laws also extend to the acts employees can take to represent themselves. Trade unions, strikes and pickets are all organizations or methods used by workers to change or enforce workplace rights. Strikes are considered to be the most powerful of weapons allowed to the workers. However, strikes must obey general laws and regulations to be regarded legitimate by the government.

For example, strikes must be decided on by trade union officials. Sympathy strikes, or those held against companies by which the strikers are not immediately employed, as well as those general strikes prohibited by a public order, may be prohibited. Likewise, the profession of an individual may disqualify them from participating in a strike (including government workers such as firemen, police officers, teachers, etc.) Boycotts, or refusing to support businesses until they meet a demand, are considered to be a type of strike. Other methods of striking include the go-slow, in which workers purposefully decrease their productivity, or sabotage, in which workers intentionally perform poorly. Likewise, workers may refuse to attend work to make a statement. While some labor law prohibits strikes, there is no law that endorses it.

For legal advice regarding labor laws, visit Shavitz Law. Serving clients in the Boca Raton, Florida area.

The Civil Penalties of ‘Offshore’ Tax Law Violations

Since 2003, the Internal Revenue Service (IRS) has been taking measures to improve tax law enforcement in the United States. In fact it has initiated the Voluntary Disclosure practice and the Offshore Volunteer Compliance Initiative (OVCI). Nevertheless, there are still people who have not yet gotten right with the government. If they are eligible for voluntary disclosure but did not come in under it, they would face certain civil penalties should the IRS find them. There are several civil penalties imposed depending on the case, but the most notable ones are the following:

Non-filing of FBARs
An FBAR, Form TD F 90-22 or Report of Foreign Bank and Financial Accounts, is an annual report filed with the IRS of the list of financial accounts maintained with an institution located in a foreign country with which a taxpayer has direct and indirect financial interest or has signature authority over. These financial accounts should exceed $10,000 in aggregate value at any time of any calendar year. Willful failure to file the FBAR can amount up to a penalty of 50 percent the total balance of the account. Penalty for non-willful violations would amount to not more than $10,000.

Failure to Report Various Information Returns
Taxpayers with ownership interests in foreign trusts by United States persons; U.S. persons who are officers, directors, and shareholders in certain foreign corporations; and taxpayers with transactions with 25-percent foreign-owned corporation or foreign corporations engaged in U.S. trade or business are obliged to report such information to the IRS. Penalties for failure to file or for filing incomplete information returns can come to as high as $50,000 per return with an additional $10,000 for each month the failure continues.

Withholding Information Returns on Foreign Partnerships
Any U.S. person with interests in and transactions with foreign partnerships must report such information including transfers of property to the partnerships, and acquisitions, dispositions and changes in foreign partnership interests. The fines can be staggering: $10,000 for failure to file each return plus a monthly of $10,000 for every month of failure to report, up to a maximum of $50,000 per return, and 10% the value of transferred property not reported up to $100,000.

This article is intended solely to offer general information on the subject. None of the content should be considered as legal advice.

For legal insights on offshore disclosure, contact the Thorn Law Group, experienced tax attorneys in the greater Washington, D.C. area.

FDA Rules for Dietary Supplements

The FDA set down its final rule in 2007 which stated that all manufacturers of dietary supplements are required to comply with current good manufacturing practices by June, 2010. The rule also states that dietary supplements must be manufactured with controls in place that ensure the product is consistently free from contamination and that the product’s labeling is accurate. Also, manufacturers are required to report all serious adverse effects related to the dietary supplement directly to the FDA.

Criticism of the Rules
These rules have received criticism regarding the perceived lack of FDA resources along with the burden of quality being placed on the manufacturers as opposed to the suppliers of raw materials. This situation would lead to continued problems with quality and safety. Before the FDA rules – dietary supplements suffered major quality issues. Unfortunately, though, the number of FDA investigators has declined.

Opinion Statistics
A significant AARP survey reported that 77%, of those surveyed believed that the federal government should review and approve all dietary supplements before they are allowed to be sold to consumers. In a nationwide Harris poll conducted in 2002, 59% of those surveyed felt that dietary supplements should require government approval. Also, 68% felt that the supplement’s labels should list possible adverse side effects and 55% believed that supplements should not be allowed to claim that they are safe without documented scientific evidence.

A study conducted in 2001 and published in the Archives of Internal Medicine, demonstrated a broad spectrum of public support for increased federal regulation of dietary supplements. There was a general feeling that the current federal standards were insufficient regarding scrutiny of supplement safety and truthfulness regarding the effectiveness of supplements.

Manufacturing Guidelines
Under the FDA’s good manufacturing practice’s final rule, the definition of “quality” pertains to the dietary supplement’s specifications for purity, strength, identity and composition. Also required are processes that prevent product adulteration as pertaining to manufacturing, packaging and labeling. A manufacturer’s records will also be open to FDA inspection, but it’s argued that the FDA does not have the manpower to effectively inspect all dietary supplement manufacturing.

Please note that this article is for informational purposes only and is not intended as legal advice.

Dietary and herbal supplements can either be helpful or extremely harmful. To know more about your legal rights, contact Attorney Chris Searcy, serving clients in West Palm Beach, Florida.