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In an article, the firm Zavodnick Law says, “Whether you are visiting a store, walking along a sidewalk, or simply out and about, you expect a reasonable level of safety from environmental danger. At the very least, you want adequate warning when there are unsafe conditions. However, there are times when unsafe conditions crop up without warning and cause people to get hurt. It is a property owner’s responsibility to ensure the safety of their premises. When they fail to do so, injured people can hold them accountable under the premises liability laws for allowing dangerous conditions to persist.
There are a wide variety of situations in which a premises liability incident can result. They all have one thing in common: a property owner failed to keep their premises to an adequate safety standard and did not warn of the danger.
Premises liability refers to a landowner’s answerability for certain types of injuries suffered by anyone on his/her property where an unsafe condition exists. Besides injuries due to slips, trips or falls, premises liability also includes in its scope any type of injury that may result due to falling objects, electrocution, open excavations, broken benches or chairs, and so forth.
Some of the most common types of premises liability issues include dog bites, slip and fall, inadequate security, elevator and escalator injuries, porch collapse, stair collapse, fires, lead paint poisoning, mercury poisoning, and swimming pool injuries.
Those who need to make extra sure that their premise is free from risks of accident at all times are owners of places open to the public, like malls, supermarkets, restaurants, food courts, playgrounds, swimming pools, hospitals, government offices, churches, etc. Despite an injury after an accident, proving a landowner’s negligence may not be easy. Also, the premises liability law is complex, and each victim’s case can be affected by a variety of factors. While many victims suppose that the injury they sustained is more than enough proof to merit compensation, many others think better and so entrust their case to an experienced personal injury lawyer for greater chances of winning their case.Read More
Every year, the U.S. Drug Enforcement Agency (DEA) makes more than 30,000 drug-related arrests. Despite these, plus the continuous surveillance and operation of law enforcement agencies to bust criminals and free streets of drug-related activities, including drug trafficking, distribution, possession and use of illegal narcotics (like cocaine, heroin, marijuana and 3, 4-methylenedioxymethamphetamine (MDMA) otherwise known as Ecstasy), illegal drugs continue to be a major problem in the country.
The use of illegal drug is linked to several major causes of death in the US, including homicide, suicide, violence, HIV infection, motor-vehicle injury, hepatitis and mental illness. This is why the US Federal Government has never stopped, but, rather, still intensified its war against illegal drug trade which heightened during the 1970s when various criminal groups from Mexico started smuggling marijuana, heroin, cocaine, hallucinogens, amphetamine and methamphetamine in the US through various routes.
Many non-violent individuals suffer years of jail term due to the very wrong thought that smuggling drugs into the US is too easy money to pass up. Obviously, they willingly take the risk of being caught and being made to face heavy penalties in exchange for the big cash they believe thy will get in return.
A drug-related activity, most especially drug trafficking, is a serious federal crime with harsh mandatory sentences. For possession of drugs, for instance, most states carry a mandatory minimum sentence of 30 to 40 months imprisonment plus steep fines (other states also include many hours of community service, which will serve as additional penance for the crime). For drug trafficking, penalties can include: years of jail sentence; fine amounting to thousands of dollars; loss of right to vote until the completion of the entire felony sentence; loss of the right to carry a gun; and, loss of certain academic and professional opportunities.
Drug trafficking generally refers to the importation, exportation, production, sale, distribution and possession of prohibited drugs – a definition that is applied to all types of illegal substances. In its website (http://www.dea.gov/druginfo/ftp3.shtml), the U.S. DEA has posted a table that shows the federal trafficking penalties for illegal drugs falling under schedules I, II, III, IV, and V. It details the number of years in jail and the amount of fines based on the type and quantity of substance seized, and the number of offenses committed.
Criminal defense law firms, such as Truslow and Truslow, know that the effects of a conviction can ruin a person’s future even years after his/her conviction and despite having completed the terms of his/her sentence. Thus, though a person may be caught with illegal drugs in his/her possession, he/she stays innocent until proven guilty. Due to this, he/she is very much entitled to the most competent legal defense available which can help prove that he/she may not really be guilty of a crime after all.Read More
What to Do in Case of a Slip and Fall Accident
Slip and fall is a very common type of accident in the U.S. that causes injuries to people, from simple bruises to fractured bones. Most of those who are most prone to slip and fall accidents are people aged 55 or older and the most common injuries they suffer are fractured hips or spinal cord injury. In some instances, some falls are bad enough, causing head or neck injuries which lead to death.
Records from the National Safety Council’s (NSC) Injury Facts reveal more than 8 million slip and fall accidents in the U.S. every year. One common thought about slip and fall accidents is that this accident is the fault of victims themselves – a result of their not being careful. On the contrary, slip and fall accidents can be the fault of property owners, like landlords, business owners or homeowners who have a responsibility to keep their premises safe at all times. As explained in the website of the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., there are far too many property owners who fail to maintain safety on their estate or warn guests of any dangers that may be present, resulting in unsuspecting visitors suffering serious and sometimes fatal injuries. Thus, when property owners fail to uphold their responsibilities and others suffer harm as a result, they should be held accountable for the effects of their negligence and carelessness.
Slip and fall accidents can can occur in shopping malls, parking lots, playgrounds, workplaces, hospitals, churches, restaurants, food courts, swimming pool areas, and so forth. Employees who suffer work-related slip and fall injuries can file a compensation claim with their state’s Worker’s Compensation office; however, if the accident occurs in a public or privately owned property, it may be possible for the injured person to file a lawsuit against the owner of the private property or against whoever has the responsibility in the maintenance of a public place.
Injured victims of slip and fall accidents should realize, however, that they must be able to prove that the property owner is the one at fault for their accident for them to be able to claim compensatory damages. It will prove totally useful, especially during a civil lawsuit, if the injured victim has a record of all important circumstances surrounding their accident, including its cause, like slippery tiles or flooring, wet or icy floor, narrow stairs, unnoticeable changes in flooring levels, torn carpeting, or cracked or broken flooring. Equally important are photos and medical proof of the injuries sustained and account of witness, if possible. Going to a highly-skilled personal injury lawyer or premises liability lawyer to seek legal assistance would be the next best move.Read More
Imagine if in the blink of an eye, you were completely dependent on another person. Returning to work would be a difficult journey. Your lack of wages coupled with expensive medical bills is burdening your family. This is the type of situation you could find yourself in after a traumatic brain injury.
According to the Cazayoux Ewing Law Firm, traumatic brain injury, commonly known as TBI, is caused by a sudden or serious impact to a person’s head. Accidents occur and sometimes people make reckless mistakes, but many traumatic brain injuries occur at the hands of others. According to the Centers for Disease Control (CDC), there were 824 traumatic brain injuries resulting in eemergency room visits, hospitalization, and death. This type of injury has very extensive physical and financial consequences. If another party is at fault for your injuries, you should make sure that you receive the justice you deserve.
There are many forms of TBI, but the most frequently reported traumatic brain injuries are as follows:
These severe injuries completely change day to day life for the victim. It affects their job and their loved ones. The issue extends far beyond the person who is actually affected by the injury. The victim might experience a complete to their lives as they know it, such as losing the ability to walk, losing control of their motor skills, being unable to feed and dress themselves, and other dramatic changes.Read More
Tax evasion and tax avoidance tend to be misconstrued by a mass audience, thanks to the similarities in the connotations. To evade something is to escape it and to avoid something is to stay away from it. Those are pretty much the same thing, right?
That is where most people go wrong – and this is a mistake that could very well result into a criminal conviction.
Ask Baton Rouge white collar crime lawyers and they’ll be the first to tell you that one of these terms is perfectly legal while the other is a federal offense. Tax evasion is willfully falsifying records in order to refrain from paying taxes or not paying taxes entirely. Tax avoidance is the difficult but legal way some people can avoid paying a large tax. There are many financial tricks and techniques in order to save money through lawful tax avoidance.
Evasion is illegal through the means of falsities. Tax evasion is also known as tax fraud and there are many ways to commit this crime such as unlawfully applying for benefits or deductions that you are not eligible for or not complying with the submission of your income report. The Internal Revenue Service (IRS) are not too keen to let this pass and so, if you are accused of tax evasion for actions that constitute as legal tax avoidance, it is so important to immediately consult with a defense attorney before giving any sort of statement.
Chances are that, if you have been approached by IRS agents on the grounds of tax evasion, there is a high probability that you have already been monitored for a long time. That gives you quite the disadvantage in terms of preparation. However, it is well within your constitutional rights to refuse to answer questioning without the counsel of your legal team.
It is then recommended to contact your chosen legal team immediately as soon as you are questioned for tax evasion.Read More
There may be quite a few ideas rattling around in your head when you think about what your rights are when dealing with a police office, most of which came from all the cop shows you watch when there is nothing else more interesting. Some may be right, but some may be wrong. You can get into a whole lot of trouble if you don’t know the difference. According to the Kohler Hart Powell, SC website, you need to be very careful about what you do and say, as it can be used against you. While this might sound as common sense, it is easy to forget about it when the situation occurs. Here are some of your basic rights when dealing with the police.
It is true. If you have done nothing wrong (or at least the police officer does not appear to suspect you of anything), you do not have to answer their questions or let them do a search of your clothing, cars, or bags. You can, of course, if you want to, but in general, it would be better to find out what they want first before consenting to anything. They may find something that you do not want them to, and the fact that you consented to it means whatever incriminating evidence they find can be used against you. They will not need a warrant if you waive your right against search-and-seizure.
While you do not have to answer their questions, you generally do need to show identification, especially when you are stopped by police for a traffic violation or if they have probable cause i.e. reckless driving. This is based on a stop-and-identify statute that many states have. In Wisconsin, however, the police can ask for ID, but you don’t have to give them one, although you must give your name.
If you are stopped, but not arrested or compelled to stay, then you do not need to have your Miranda rights read to you. However, anything you say at this point may still be used against you, so it would be best to say nothing until they tell you what you need to know. If they refuse to tell you, you can simply walk away. If they take you into custody, then they have to read you your Miranda rights. At this point, you will probably want a lawyer.Read More
There are plenty of reasons why people are starting to hire private car services more often. For one, such services provide a lot of ease and convenience. Individuals who are looking for a luxurious way to travel will also prefer the comfort that private car services offer, particularly during special events.
If you are looking to hire private car services anytime soon, the wide-range of choices before you can make the decision daunting. According to Capital City Limousine, a lot of limousine and private car companies tend to cut corners in the service they provide. How can you make sure that you’re getting the best deal for what you pay?
The most important thing you should take into account is the reputation of the private car services company that you’re considering. With so many companies out there, you might fall into the trap of hiring first one you come across. It’s important that you make sure that the private car service you hire can ensure your safety and offer top notch service. Make sure that the companies you’re considering hire well-trained and experienced drivers to ensure a safe trip. One way you can concretely check for this is directly asking the company for information about certifications and insurance policies.
Something else you should consider is the quality of service that such companies provide. Aside from the aforementioned safety concerns, you should also watch out for any clues that might point to a bad experience. Spend some time doing research and reading reviews online. If you read anything that raises red flags, such as comments about reckless driving or sloppy car interiors, you should try to find another recommendation.
Hopefully, these tips can help you make an informed decision when you’re looking to hire private car services. By gathering enough information, you can easily find the best deal possible.Read More
Patients come to medical professionals to receive the best treatment and care possible. They put their trust on the hands of doctors, nurses, and other hospital personnel know that they can return home feeling better than they arrived. Unfortunately, these expectations aren’t always met in reality.
In the U.S., reported cases of medical malpractice are on the rise. A lot of these cases have led to the wrongful death of patients. According to data from the Civil Justice Resource Group, an estimated 25,000 to 120,000 cases of medical malpractice will lead to patient’s death every year. Why do such tragic outcomes happen?
Wrongful death is caused by neglectful errors committed by doctors, nurses, and other medical professionals. It’s wrong to assume that such errors are due to malicious intent. Most of the time, wrongful death and other medical malpractice cases happen when hospitals and medical professionals fail to meet the high standards imposed in their field. According to the website of Crowe & Mulvey LLP, most cases of wrongful death stem from the following causes:
When patients seek out treatment, they expect to receive the best quality care that medical professionals can provide. As such, it’s important for the community to hold health care providers at a high standard. Instances of wrongful death and other cases of medical malpractice need to be brought to light. This is the only way that medical institutions and professionals are held accountable for their actions. If you’ve lost a loved one due to preventable medical errors, know that you have plenty of legal options to consider. Don’t hesitate to contact an experienced personal injury lawyer to learn more.Read More
Plenty of Americans identify as dog lovers and have opened their homes to man’s best friend. According to data from the American Veterinary Medical Association, out of over 43 million pet-owning households in the country, 36.5 percent are home to dogs. Among the most popular are Labrador Retrievers, German Shepherds, Golden Retrievers, Beagles, Yorkshire Terriers, Poodles, Bulldogs, and Boxers.
While dogs mostly have lovely dispositions, there are moments when their temperaments can be hard to read. You’ll never know when your dog might suddenly feel startled or threatened and start to attack. This is especially true for particular dog breeds, such as the more aggressive Pit Bulls and Rottweilers. Unfortunately, according to a special report by the Centers for Disease Control and Prevention, most dog bite victims are children who aren’t aware of how to perceive the dog’s reaction. As pet owners, we have the responsibility to make sure our beloved pets don’t pose a threat to those around us.
According to the website of the The Seegmiller Law Firm, most dog bites and animal attacks are preventable if pet owners remain aware of their responsibility and accountability. As such, dog owners should always show appropriate concern for the actions of their pet, working to make sure that unwanted accidents are prevented. Aside from appropriate restraints, your dog should receive proper training to help curb aggressive behavior.
Here are just a few suggestions from The American Society for the Prevention of Cruelty to Animals:
Dog bites can cause devastating complications to victims, particularly children. A Greenfield, Wisconsin personal injury attorney, will probably tell you that dog bites can lead to serious physical injuries such as scarring, broken bones, and disfigurement. Thankfully, pet owners can do their part to prevent such outcomes from occurring.Read More
Due to the instability in today’s market, more and more Americans are finding themselves drowning in debt and other financial difficulties. Paying off student loans, mortgages, and other financial obligations can become really stressful, especially for individuals already struggling to make ends meet. The stress can even double when you have to deal with constant calls and emails from creditors. The U.S. is facing $11.4 trillion in consumer debt. Such a startling amount only proves how wide-spread the problem is. If you are struggling in a similar situation, one of the options you have is to file for a Chapter 7 bankruptcy.
According to the website of Bradford Law Offices, PLLC, Chapter 7 or a liquidation bankruptcy is commonly sought by individuals or families looking for financial relief. It primarily allows debtors to liquidate or sell assets that they can use to pay off their credit. It is particularly advantageous because it can help you discharge or even eliminate existing debts. It can also help mitigate cases of creditor harassment, protecting you from the stress of constant phone calls or the possibility of having their property repossessed. More than that, Chapter 7 bankruptcy can also speed up the debt relief process and exempt specific assets from getting included in the liquidation.
There are certain situations that make some individuals ineligible to file for Chapter 7 bankruptcy. This will depend from case to case, but eligibility is primarily determined by
Because of a certain criteria, not all individuals are eligible to file for a Chapter 7 bankruptcy. Your eligibility will primarily be determined by your personal income. The means test will help determine if your income falls within the assigned bracket for financial support through Chapter 7 bankruptcy. Through the means test, the court makes sure that only debtors with the most pressing financial needs can benefit from such support. A set median income, which differs from state to state, helps determine where a debtor’s income falls in the scale. Aside from your income, the court will also check if you have any disposable income and how much typical expenses are. If you do not meet the requirements of the means test, it might be best to file for another form of bankruptcy.
Financial issues can be a huge source of stress for families and individuals. Thankfully, there are several options you can take to ease the heavy burden caused by mounting debts and other financial obligations. If you feel like Chapter 7 bankruptcy is the best option for you, don’t hesitate to seek out legal counsel and consult with an experienced bankruptcy lawyer immediately.Read More