Affichage des articles dont le libellé est Liability. Afficher tous les articles
Affichage des articles dont le libellé est Liability. Afficher tous les articles

Bicycle Accidents and Legal Liability

Who Holds Legal - and Financial - Liability in Bicycle Accidents? Bicycling is on the upswing, but accidents, death and injury are too. When vehicle or road maintenance is at fault, litigation might recover resultant costs.

Without question, America is returning to bicycling as a means of smart fitness and even smarter transportation. Our roads and streets, in Los Angeles and throughout the country, have been built exclusively for cars and trucks for many decades, but such programs as the "Bikes Belong Green Lane Project" are establishing dedicated paths on roadways that clearly communicate where cars and bikes can travel in harmony. The pilot cities for this program include San Francisco, Portland (Oregon), Austin (Texas), Chicago, Memphis and Washington, DC.

But the program also highlights the risks inherent in bicycling, even while bikers fully are entitled to using most streets and boulevards. At least 618 bicyclists died in crashes with motor vehicles last year, while another 52,000 riders were injured in collisions - which some say is a gross underestimation of the actual number. These statistics alone do not tell the full story of what happens when a biker is injured or killed:

Bike injuries and death tend to happen to younger people, who might lose a lifetime of earnings because they can no longer work. These losses can go well into the millions.Bike injuries can incur one million or more dollars in healthcare, medical and rehabilitation costs.Bike injuries can lead to emotional trauma, pain and suffering, and loss of consortium for the injured and his or her partners.

Who bears responsibility for these costs? It can vary by accident, but if the biker was abiding by the rules, the driver or drivers of a vehicle, and sometimes the municipality in charge of road maintenance and safety, can be found responsible for all costs. Of course, the injured or survivors are urged to contact a bike accident attorney as soon as possible in the aftermath of an accident.

A bicycle accident victim should work with a personal injury lawyer because an attorney can hire a medical economist to determine the life-long costs of a serious injury. The lawyer will also conduct an expert investigation into the circumstances of the accident to make sure the defendant does not unfairly claim the accident was the fault of the bicyclist. As with all personal injury litigation, the client pays nothing until a satisfactory judgment is achieved for the victim.

David Drexler Photo The injured or survivors are urged to contact a bike accident attorney as soon as possible in the aftermath of an accident. Rate this Article

Bicycle Accidents and Legal LiabilityNot Rated Yet

David Drexler has published 65 articles. Article submitted on November 13, 2013. Word count: 399

The actual young couples who will be in the midst of separation and divorce as well as legal proceedings generally cope with issues around property. The particular Flagstaff Lawyers will be ready to help their potential customers realize your lawful formalities in relation to the problem of quality.

Written by: Mirjan Z Stojanovic

When there is need for a professional process server, insurance investigator, or someone to perform surveillance the best in their field is required. A well rounded business that incorporates many legal services in one package can be well worth finding as they will charge fairly and be fully capable

Written by: Rubel Zaman

When it comes to accidents and injuries within Houston, Texas, a Houston personal injury lawyer should be hired for an effective settlement of the claims and the compensation for the victims of accident.

Written by: Alejandro Padua

The way roads are designed may cause car accidents and poor road configuration can exacerbate the outcome of any vehicle accident. A large percentage of fatal car accidents are solo-vehicle accidents where the fatality might not have occurred.

Written by: David Drexler

Product Liability Insurance against Defective Products

Out of the all sorts of businesses, retail sectors face the most lawsuits for a dedicated niche of personal injuries incurred as a result of selling faulty or defective product deliverables. Sometimes, due to ill-fate and faulty craftsmanship the and deliverable items produced could breakdown while at work and inflict the consumer with certain physical injuries. Liable under the category of personal injuries, the manufacturer of such products is held at fault at the court of law and made subject to remunerate the affected consumer.

If you've been subject to same sort of injuries acquire from the use of flawed consumer items, you can avail the compensation claims under product liability insurance from the manufacturer of the same product. When you purchase an item, like electronic gadgets or your vehicles, you've obviously paid from your hard earned money and have full right to retain a product that serves you well within the guarantee period. Your expectation from the product functioning is failed miserably when the product instead of poor functioning actually harms you in a fatal manner.

Negligence or failure on the part of the product maker to detect the faulty produce is nothing to be overlooked upon. Improper product manufacturing is itself a punishable offence and when the fails to correctly function it, inadvertently, can impair the user of the product. Like it could blast, breakdown and release fatal elements into the environment or leave a scar behind on the face/ body of the product user. At such times, personal injury lawyer can help you out well in claiming and redeeming the product liability insurance that you ought to.

Why hire a personal injury lawyer? Because, firstly proving the manufacturer at-fault is tad difficult. In the fateful event that a may wound you, determining the exact reason for breakdown is a tricky spot. You will, of course, need special technical support to establish the inherent flaw within the product. Defect in the design or functioning of the is difficult to provide evidence with especially if the product has completely deteriorated after the damage. But a personal injury lawyer is effectively equipped with the right technical and legal expert resources. Being the jack of the trade they know well how to tackle such situations head-on and bring into effect the malfunctioning of the damaged product before the court of law.

Secondly, as an average person, a commoner, it could take more than nerves to stand against a big conglomerate in the court of trial and demand compensation. Hiring a personal injury lawyer could obviously aid in ways more than one. At such times, the companies normally become dismissive of the affected and their pleas. In many cases, resorting to legal help is the only option and a personal injury lawyer can certainly help in pressing down charges against the at-fault company. It won't feel intimidating to stand against an all-powerful (possible!) company as a one-man army when you retain a personal injury law firm.

Yet, in most cases, the intervention of a law firm or legal expert results in amicable settlement; outside the confines of the court.

Use of defective products may result in some sort of personal injury. As a result, you can be compensated under product liability and safety norm.

Product Liability - What to do When Injured by a Faulty Product?

HomeLaw ArticlesProduct Liability - What to do When Injured by a Faulty Product?

According to the U.S. Centers for Disease Control, more than 180,000 people die from injuries every year. For people under the age of 44, the 90,000 deaths per annum from injury are greater than deaths from non-communicable diseases (53,000) and infectious diseases (10,000) combined. The largest portion of these deaths is due to auto accidents, some are due to gunshot wounds and others from faulty consumer products.

Personal injury attorneys are often hired in order to recover losses from all types of accidents, including those that come from malfunctioning toys, household products, automobiles and other goods. So prevalent are these cases, that an attorney who specializes in such faulty product cases is often known as a "product liability attorney".

Product-related injuries are particularly surprising because it seems as if companies would be exceptionally stringent about safety before releasing their merchandise to the marketplace. Still, manufacturers make errors of negligence in three ways:

Product design - This occurs when the very nature of the product, manufactured to design specifications, lends itself to user injury. Then there is a strong case for negligence. This can occur, for example, when a safety latch on a child's crib is within reach of a toddler-size arm - an unfortunate task for a product liability attorney to try to defend.Manufacturing methods - This occurs when the product may have been well designed but was poorly made and failing to meet design specifications. In some cases, this happens because the product is manufactured by outsourcing, where the owner of the brand is unaware that something harmful such as lead-based paint is being used.Poorly written instructions - This occurs when the user/consumer of the product is not given adequate instruction, training or warning to guide safe use of the product. The principle of "caveat emptor" (let the buyer beware) matters in law, but the law also requires the manufacturer to properly educate the buyer on safe use. An experienced product liability attorney will be skilled at defining the difference between effective and ineffective warnings.

If you or a loved one is injured by a faulty product, you should take several steps if you believe the injury and related expenses rise to the level of negligence and possible litigation. Preserve all evidence, including and especially the malfunctioning product itself. Seek appropriate medical treatment for the injury, and follow instructions from your healthcare provider - to the letter. Then contact a personal injury lawyer who specializes in product liability issues to discuss your case.

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

David Drexler Photo Specializes in such faulty product cases is often known as a "product liability attorney ". Then contact a personal injury lawyer who specializes in product liability issues to discuss your case. R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence. Rate this Article

Product Liability - What to do When Injured by a Faulty Product?Not Rated Yet

David Drexler has published 64 articles. Article submitted on November 09, 2013. Word count: 481

Workers who operate at height are often at greater risk of personal injury than those based on the ground and, when accidents occur, they may be eligible to make a compensation claim.

Written by: Tom Jui

Have you had a personal injury with the fault lying on another individual or company? Contact an Oakland personal injury lawyer immediately to find the best solution for all financial, physical and mental problems.

Written by: Robert Reeves

When it comes to accidents and injuries within Houston, Texas, a Houston personal injury lawyer should be hired for an effective settlement of the claims and the compensation for the victims of accident.

Written by: Alejandro Padua

It is frightening to think that in an instant a serious injury might be inflicted on you or a loved one by another person's dog. But almost always that is how it happens.

Written by: David Drexler

Bicycle Accidents and Legal Liability

Who Holds Legal - and Financial - Liability in Bicycle Accidents? Bicycling is on the upswing, but accidents, death and injury are too. When vehicle or road maintenance is at fault, litigation might recover resultant costs.

Without question, America is returning to bicycling as a means of smart fitness and even smarter transportation. Our roads and streets, in Los Angeles and throughout the country, have been built exclusively for cars and trucks for many decades, but such programs as the "Bikes Belong Green Lane Project" are establishing dedicated paths on roadways that clearly communicate where cars and bikes can travel in harmony. The pilot cities for this program include San Francisco, Portland (Oregon), Austin (Texas), Chicago, Memphis and Washington, DC.

But the program also highlights the risks inherent in bicycling, even while bikers fully are entitled to using most streets and boulevards. At least 618 bicyclists died in crashes with motor vehicles last year, while another 52,000 riders were injured in collisions - which some say is a gross underestimation of the actual number. These statistics alone do not tell the full story of what happens when a biker is injured or killed:

Bike injuries and death tend to happen to younger people, who might lose a lifetime of earnings because they can no longer work. These losses can go well into the millions.Bike injuries can incur one million or more dollars in healthcare, medical and rehabilitation costs.Bike injuries can lead to emotional trauma, pain and suffering, and loss of consortium for the injured and his or her partners.

Who bears responsibility for these costs? It can vary by accident, but if the biker was abiding by the rules, the driver or drivers of a vehicle, and sometimes the municipality in charge of road maintenance and safety, can be found responsible for all costs. Of course, the injured or survivors are urged to contact a bike accident attorney as soon as possible in the aftermath of an accident.

A bicycle accident victim should work with a personal injury lawyer because an attorney can hire a medical economist to determine the life-long costs of a serious injury. The lawyer will also conduct an expert investigation into the circumstances of the accident to make sure the defendant does not unfairly claim the accident was the fault of the bicyclist. As with all personal injury litigation, the client pays nothing until a satisfactory judgment is achieved for the victim.

David Drexler Photo The injured or survivors are urged to contact a bike accident attorney as soon as possible in the aftermath of an accident. Rate this Article

Bicycle Accidents and Legal LiabilityNot Rated Yet

David Drexler has published 64 articles. Article submitted on November 13, 2013. Word count: 399

The actual young couples who will be in the midst of separation and divorce as well as legal proceedings generally cope with issues around property. The particular Flagstaff Lawyers will be ready to help their potential customers realize your lawful formalities in relation to the problem of quality.

Written by: Mirjan Z Stojanovic

When there is need for a professional process server, insurance investigator, or someone to perform surveillance the best in their field is required. A well rounded business that incorporates many legal services in one package can be well worth finding as they will charge fairly and be fully capable

Written by: Rubel Zaman

When it comes to accidents and injuries within Houston, Texas, a Houston personal injury lawyer should be hired for an effective settlement of the claims and the compensation for the victims of accident.

Written by: Alejandro Padua

As we live in the society and surrounded different types of people and situation it is always advisable to get safe by completing all the legal documentation and formalities in time to resist any uncertain problem.

Written by: Kevin Huge

Product Liability - What to do When Injured by a Faulty Product?

HomeLaw ArticlesProduct Liability - What to do When Injured by a Faulty Product?

According to the U.S. Centers for Disease Control, more than 180,000 people die from injuries every year. For people under the age of 44, the 90,000 deaths per annum from injury are greater than deaths from non-communicable diseases (53,000) and infectious diseases (10,000) combined. The largest portion of these deaths is due to auto accidents, some are due to gunshot wounds and others from faulty consumer products.

Personal injury attorneys are often hired in order to recover losses from all types of accidents, including those that come from malfunctioning toys, household products, automobiles and other goods. So prevalent are these cases, that an attorney who specializes in such faulty product cases is often known as a "product liability attorney".

Product-related injuries are particularly surprising because it seems as if companies would be exceptionally stringent about safety before releasing their merchandise to the marketplace. Still, manufacturers make errors of negligence in three ways:

Product design - This occurs when the very nature of the product, manufactured to design specifications, lends itself to user injury. Then there is a strong case for negligence. This can occur, for example, when a safety latch on a child's crib is within reach of a toddler-size arm - an unfortunate task for a product liability attorney to try to defend.Manufacturing methods - This occurs when the product may have been well designed but was poorly made and failing to meet design specifications. In some cases, this happens because the product is manufactured by outsourcing, where the owner of the brand is unaware that something harmful such as lead-based paint is being used.Poorly written instructions - This occurs when the user/consumer of the product is not given adequate instruction, training or warning to guide safe use of the product. The principle of "caveat emptor" (let the buyer beware) matters in law, but the law also requires the manufacturer to properly educate the buyer on safe use. An experienced product liability attorney will be skilled at defining the difference between effective and ineffective warnings.

If you or a loved one is injured by a faulty product, you should take several steps if you believe the injury and related expenses rise to the level of negligence and possible litigation. Preserve all evidence, including and especially the malfunctioning product itself. Seek appropriate medical treatment for the injury, and follow instructions from your healthcare provider - to the letter. Then contact a personal injury lawyer who specializes in product liability issues to discuss your case.

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

David Drexler Photo Specializes in such faulty product cases is often known as a "product liability attorney ". Then contact a personal injury lawyer who specializes in product liability issues to discuss your case. R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence. Rate this Article

Product Liability - What to do When Injured by a Faulty Product?Not Rated Yet

David Drexler has published 64 articles. Article submitted on November 09, 2013. Word count: 481

Workers who operate at height are often at greater risk of personal injury than those based on the ground and, when accidents occur, they may be eligible to make a compensation claim.

Written by: Tom Jui

Have you had a personal injury with the fault lying on another individual or company? Contact an Oakland personal injury lawyer immediately to find the best solution for all financial, physical and mental problems.

Written by: Robert Reeves

When it comes to accidents and injuries within Houston, Texas, a Houston personal injury lawyer should be hired for an effective settlement of the claims and the compensation for the victims of accident.

Written by: Alejandro Padua

It is frightening to think that in an instant a serious injury might be inflicted on you or a loved one by another person's dog. But almost always that is how it happens.

Written by: David Drexler

Product Liability Insurance against Defective Products

Out of the all sorts of businesses, retail sectors face the most lawsuits for a dedicated niche of personal injuries incurred as a result of selling faulty or defective product deliverables. Sometimes, due to ill-fate and faulty craftsmanship the and deliverable items produced could breakdown while at work and inflict the consumer with certain physical injuries. Liable under the category of personal injuries, the manufacturer of such products is held at fault at the court of law and made subject to remunerate the affected consumer.

If you've been subject to same sort of injuries acquire from the use of flawed consumer items, you can avail the compensation claims under product liability insurance from the manufacturer of the same product. When you purchase an item, like electronic gadgets or your vehicles, you've obviously paid from your hard earned money and have full right to retain a product that serves you well within the guarantee period. Your expectation from the product functioning is failed miserably when the product instead of poor functioning actually harms you in a fatal manner.

Negligence or failure on the part of the product maker to detect the faulty produce is nothing to be overlooked upon. Improper product manufacturing is itself a punishable offence and when the fails to correctly function it, inadvertently, can impair the user of the product. Like it could blast, breakdown and release fatal elements into the environment or leave a scar behind on the face/ body of the product user. At such times, personal injury lawyer can help you out well in claiming and redeeming the product liability insurance that you ought to.

Why hire a personal injury lawyer? Because, firstly proving the manufacturer at-fault is tad difficult. In the fateful event that a may wound you, determining the exact reason for breakdown is a tricky spot. You will, of course, need special technical support to establish the inherent flaw within the product. Defect in the design or functioning of the is difficult to provide evidence with especially if the product has completely deteriorated after the damage. But a personal injury lawyer is effectively equipped with the right technical and legal expert resources. Being the jack of the trade they know well how to tackle such situations head-on and bring into effect the malfunctioning of the damaged product before the court of law.

Secondly, as an average person, a commoner, it could take more than nerves to stand against a big conglomerate in the court of trial and demand compensation. Hiring a personal injury lawyer could obviously aid in ways more than one. At such times, the companies normally become dismissive of the affected and their pleas. In many cases, resorting to legal help is the only option and a personal injury lawyer can certainly help in pressing down charges against the at-fault company. It won't feel intimidating to stand against an all-powerful (possible!) company as a one-man army when you retain a personal injury law firm.

Yet, in most cases, the intervention of a law firm or legal expert results in amicable settlement; outside the confines of the court.

Use of defective products may result in some sort of personal injury. As a result, you can be compensated under product liability and safety norm.

Piercing the Corporate Veil in a Limited Liability Company

Corporations, limited liability companies and limited partnerships are all entities created by statute to limit the liability of owners to the amount of their investments. Although corporations have received bad press recently because of politicians and certain Supreme Court justices taking the idea that corporations are legal people too far for some, they are a vital part of the economic framework of our society.

However, one area in which these entities are clearly not people is if they are set up as shams to hide from liability. A concept developed called "piercing the corporate veil," by which a creditor can go after individual owners if certain standards are met. For corporations, some states, like New York, have statutory grounds for holding certain large shareholders liable for unpaid wages, and there are circumstances in which the Federal government can look through the entity for back payroll taxes, but most of the concern has involved entities that are undercapitalized. Until recently, though, it has not been entirely clear how one could "pierce the LLC veil." Single-member LLCs should take notice.

In the Advanced Custom Builders bankruptcy case from Iowa, plaintiffs had entered into a contract with defendant, a single member LLC, for construction of a home. Defendant was operated as many single member LLCs are: no meetings, no minutes, no board or other governing body, no one other than the sole member being authorized to act on behalf of the company and no separate office other than one in the owner's basement. As is not uncommon (it shows up often in forensic accounting in divorce cases), Defendant commingled funds, paying owner's personal expenses from the entity. Defendant accepted some payments, began construction, ran out of funds and defaulted. Plaintiff then finished up the job on their own and tried to address all the mechanics liens filed by unpaid subcontractors. Owner filed for Chapter 7 bankruptcy and Plaintiff sought to pierce the corporate veil and have their claims exempted from the bankruptcy discharge for fraud.

The court's analysis under Iowa law found that the LLC was indeed a sham, largely due to undercapitalization (always easy to determine in retrospect), the lack of formality typical of single person LLCs and the failure to keep personal and business finances separate. The court spent a great deal of time on the dischargeability of the debt - the LLC was not eligible by statute, and a separate discussion around intention to deceive versus negligent operation of the business came out poorly for the business owner.

The moral of the story is that single member LLCs need to be careful. They should have separate bank accounts and separate accounting from their owners. They should be sure to pay any payroll taxes. As with corporations, they need to be adequately capitalized, and they should keep a minute book documenting major decisions. Sole owners should even consider whether they could benefit from an even more formal structure like a board of directors, even if the owner and his or her spouse are the main participants.

Jeffrey Fink - http://www.jfinklawadr.com/ - is an attorney in Wellesley, Massachusetts who helps families and businesses resolve their disputes creatively in a confidential setting. Rate this Article

Piercing the Corporate Veil in a Limited Liability CompanyNot Rated Yet

Jeffrey Fink has published 1 article. Article submitted on August 19, 2013. Word count: 501

During a recent conversation with a client he said he thought the UK law was an ass. I pointed out it was not UK law that was an ass but legal advice misconceptions. Some of which are just a nuisance whereas others will be seriously detrimental to life and wealth being...

Written by: James Mather

If you think your civil privileges are already breached, then the 1st step is to visit a civil rights attorney. Keep in mind, your civil rights are guaranteed, and unjust treatment dependant on your religious opinions, disabilities, racial history, or gender, isn't allowed. Depending on the state.

Written by: Mirjan Z Stojanovic

We will analyse the new obligations introduced by the Manovra di Ferragosto 2011 (DL 138/11 - Art. 2, from 36 (13) to 36 (12) ): the necessary Communication to the Agenzia delle Entrate (the Italian tax authority) of personal data of shareholders or of their relatives who have received the right ...

Written by: Gabriele Giambrone

Unfortunately, thousands of people found accountable of DUI even in the face of unwarranted justice proof. If you have been charged with DWI on the basis of an unsuccessful breathalyzer test, Your DWI attorney will be able to form various strategies to task the results.

Written by: Guneet Kumar