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The Difficulty of Determining Liability

Posted by on May 5, 2019 in Liability | 0 comments

One of the first and most important aspects of litigation is determining the person or the group of people responsible for the action at hand. In an accident, liability can be difficult to determine. In court cases or lawsuits involving environmental hazards, liability is easier to discern because it is the owner of a premises’ job to maintain a safe environment.

Determining liability is important because a person who does something negligent or wrong must be held responsible in a fair criminal justice system — the goal of everyone involved in a legal dispute. In this article, I discuss the difficulty of figuring out who is responsible for something.

Who Did It?

One of the first barriers to liability is understanding who is to blame for certain, fundamental actions. For example, in a hit-and-run case, it may be impossible to discern who is liable for the damage your car incurs. However, in an example of a person being injured on a construction site, liability is more difficult to ascertain — especially if there are conflicting reports about how closely precautions were followed.

One step a lawyer can take is to draw up a list of every possible person involved in an accident, crime, or injury. Interviews, depositions, witness statements, documents, and other evidence can assist lawyers in their attempts to make this list of involved people. If you are hiring a lawyer to prove that another person is responsible for a crime or your injury, be sure to let them know everything you can remember so that the lawyer can piece the scene together more easily,

After every person involved is known, then working through the list methodically is next. By contacting every relevant person, a lawyer can discern how liable a person was in getting injured or causing an accident. This may mean additional interviews or research more specifically focused on ascertaining liability.

Context of the Incident

The location and timing of the crime or accident is also a heavy factor. A unique example would be an attempt to prosecute a bartender who over-serves and thus contributes to a drunk driving accident.

If the accident were to take place on a Saturday night as compared to a Wednesday early evening, the likelihood of over-serving playing a role (and thus making the bartender liable) in an accident is probably higher on Saturday, as that is the time bartenders are likely serving a chaotic throng of people.

Context is also important as it relates to the previously-mentioned premises liability cases. If a store is known to mop its floors excessively, and not take precautions such as warning signs or ventilation to assist in drying, it is likely impactful to a lawyer’s attempt to hold the restaurant accountable for an injury resulting from the wet floor.

Even when context and identities are known, liability is still a tough nut to crack. If you are in the middle of a case where there is disputed liability, you should only rely on an experienced or proven Lexington injury lawyer to determine responsibility. Do your research into capable attorneys with a history of getting to the bottom of messy cases.

LJM Shows Why We Need More Accountability, and More Lawyers

Posted by on Nov 26, 2018 in Finances | 0 comments

Recent events around LJM Capital Preservation and Growth Fund show the problems that still exist in the modern market. They also show why we need to improve access to lawyers that will hold brokerage firms accountable.

To give a very short explanation of what happened with LJM, we have to go back to the beginning of the year. While LJM claims to represent modest investments in the market that are meant to avoid market fluctuations, they were in reality engaging in very risky investments all while not making sure they had enough capital to handle market fluctuations.

Many brokers knew this, but they did not share that information with their clients. Instead, they invested their clients’ money in LJM, which then cost their clients a great deal when LJM’s stock dropped 80 percent in February. That 80 percent may have resulted in the loss of about $600 million for investors, many of whom didn’t even know they had money in a business that was behaving so irresponsibly.

The attorneys who represent investors against brokers who invested in the LJM fund are seeking compensation for their clients precisely because of these practices. Because these investors weren’t notified of the risks of investing in LJM, they have a right to get their money back. Their brokers did them a disservice by not explaining the kind of risky investments they were pursuing.

This will hopefully result in a large settlement that returns those losses to those who shouldn’t have experienced them in the first place. However, no matter the result, LJM speaks to a larger issue in the market. Namely, we need a better way to hold businesses and brokerage firms more accountable. LJM should never have been allowed to claim it was focusing on reasonable investments when they were in fact exposing themselves and their investors to major losses through their risky investments.

At the same time, brokers and brokerage firms should not be in a habit of making such questionable investments for their clients. Most people who use a brokerage firm expect conservative investments that provide stability and moderate growth. Brokerage firms should take these expectations more seriously and not play around with clients’ money so much, particularly without notifying their clients of the risks they are exposing them to.

The answer to how we curb these problems mostly comes down to lawyers. While it would be nice to see more laws and more focus from the state in these problems, that’s most likely unrealistic. Far more realistic is an effort to inform investors of their legal options by making lawyers who can help in such situations more visible. The more lawyers out there who can help their clients get compensation for such practices, the better. The more these investors know such lawyers are out there and ready to help them, the better. And finally, the more these lawyers win cases against brokerage firms, the more brokers will think twice before making those risky investments.

Top 5 Craft Brew Cities

Posted by on Oct 18, 2017 in Craft Beer | 0 comments

Craft beer is taking off all over the country. But, like all products and crazes, it’s taking off more in some places than in others.

For instance, you see skateboards rolling down the streets of Lexington, Kentucky every now and then, but no one would call it the center of the skateboarding world.

So, for those looking to really invest themselves in the craft beer world, where are the best cities to visit to really get into the scene?

Here are the top 5 cities to plot on your national craft beer tour.

  1. Myrtle Beach, SC

Not the first location on most lists, but Myrtle Beach has a growing craft beer culture. It’s also the seat of some great beer-based invention, such as the Growler Chiller, which allows you to keep beer growler cold.

  1. Pittsburgh, PA

A city that loves beer so much, it has a whole museum dedicated to it. Go to the museum, then stay for the beer on offer at the local bars and pubs.

  1. Seattle, WA

A city that prides itself on coffee also has a thriving craft beer culture that prides itself on being inventive. Try some of the really creative beers here.

  1. Denver, CO

In the second slot, a city that already has a reputation for a free-spirited love of inebriation (in all the best senses of the word). Denver is working hard to undo the damage Coors has done to its beer reputation. And, with its Denver Beer Triangle (home to 72 pubs), it’s doing an excellent job.

Colorado may be best known for snowboarding and the recent legalization of some…substances, but Denver’s making a good claim that it should also be known for its great craft beer.

  1. Portland, OR

The home of the hipsters, a West Coast haven for those who cherish a liberal and relaxed atmosphere, a city of bicyclists and handlebar mustaches: Portland is perhaps the most obvious place to create the craft beer capital of the world. Obvious or not, the statement is true: in the world of craft beer, Portland is king.

The city has the most craft breweries of any city in the world. That’s right, not just the West Coast or America (which would be good enough to place first on this list), but of the world.

Needless to say (but still worth saying anyway), Portland has a fantastic selection of beers. All those microbreweries mean there are plenty of new and unique beers on tap at every bar or pub you step into.

If you’re looking for a city to visit to get a real sense of the craft brewing scene, this is the one to go to.

So settle in on your bicycle, slick up your mustache, and head over to Portland to become a microbrew aficionado. There is, literally, nowhere better in the world to go.

Sell Your Mineral Rights rather than have it Leased

Posted by on Jun 27, 2017 in Mineral Rights | 0 comments

One of the greatest opportunities of residents in areas where shale gas abounds is the chance of earning huge amounts of cash, either instantly by selling their property and/or mineral rights, or over a period of years by leasing their mineral rights to giant oil-producing firms. 

Shale gas, which is trapped inside soft, layered sedimentary rocks that have formed from merged mud or clay, is the main source of petroleum and natural gas that is used in American homes and commercial buildings. 

The production of shale gas, according to the U.S. Energy Information Administration (EIA), has increased over the past years, allowing ‘Saudi America’ (America’s new moniker) turn into an oil-producing country from being an oil-dependent one. 

Aside from the companies engaged in the extraction of oil from productive shale gas areas, the residents are the other group who benefit tremendously from this shale boom, that is, if they are able to decide correctly on what to do with their mineral rights and/or property – lease or sell. 

There are companies that are willing and are ready to pay millions of dollars in cash to property and mineral rights owners. Selling means cash up front – whether your property produces something or nothing at all. If your property proves to be really productive, you may regret having sold it or wished that you had sold it at a much higher price. How productive an area of land really is may never be known, though, unless the firm starts digging and actually strikes oil. 

However, if your land proves to be unproductive and, therefore, far less the amount that you have been paid, wouldn’t you be glad that you had sold it and made millions of dollars despite a less or non-productive land? This is the very risk taken by any firm when it purchases mineral rights. 

Owners, however, should refrain from deciding to sell (their) mineral rights abruptly, lest they end up getting paid a certain amount of cash when they could have gotten a much bigger amount. A website with the address, www.auctionmineralrights.com/how-to-sell-mineral-rights/, shares valuable information regarding selling mineral rights – information that will help you, the land owner, to get the better end of the deal.

 

Medical Malpractice and Misdiagnosis

Posted by on Apr 22, 2017 in Medical Malpractice | 0 comments

Patients consult medical professionals to get treatment, but there are instances where instead of being treated, they are harmed. This can happen on many medical malpractice instances, such as misdiagnosis. A misdiagnosis occurs when one of the following has happened:

  • A healthy person has been diagnosed as sick
  • A sick person has been diagnosed as healthy
  • A person has been diagnosed with the wrong medical condition
  • A person has been diagnosed with the wrong subtype of a medical condition

Failure to properly assess a person may have a variety of consequences that can be detrimental to the patient’s health. For example, a healthy person being diagnosed as sick will receive unnecessary medical treatment. A sick person being diagnosed as healthy may worsen his condition because of the lack of treatment, and this can be particularly dangerous for medical conditions that need immediate attention. A person diagnosed with the wrong medical condition or the wrong subtype of a medical condition will receive inadequate treatment, putting him at risk of wrong medications and unwarranted surgeries.

Misdiagnosis also result into financial damages. What makes this worse is the fact that the financial damage has been done because of an error, meaning that it is unnecessary. Some of the most common financial burdens include hospital bills, medication costs, surgery costs, rehabilitative costs, and lost wages due to hospital confinement and lost time at work.

According to the website of Habush Habush & Rottier S.C. ®, those who have been wrongly diagnosed may be eligible to pursue a medical malpractice claim against the responsible party.

But how can a medical malpractice claim be viable? Typically, they need to pass the following criteria to be a strong case:

  • There is a direct doctor-patient relationship
  • The doctor has the duty of care toward the patient
  • The duty of care has been violated by the doctor, either through action or inaction
  • The violation of the duty of care has resulted into the patient’s harm

The fact that misdiagnosis still happens is alarming, as it puts ordinary people without medical backgrounds to be subject to the medical malpractice instances of those who are supposed to be knowledgeable. It is a good thing that there is a body of law for medical malpractice, as it is a way to deter medical professionals from committing unwarranted mistakes.

Copyright and Trademark in Intellectual Property Disputes

Posted by on Dec 21, 2016 in Copyright | 0 comments

Intellectual property refers to anything that has been formed in the mind, such as artistic works and other inventions. Intellectual property has been an important part of commerce, and there are fundamental laws that protect individuals, businesses, and their intellectual properties that include but are not limited to trademarks, copyright, patents, and trade secrets.

But why is there a need to protect intellectual property? It’s because our society progresses through the creation and invention of new things. The laws are there to protect the owners of these inventions, encouraging more competition and more innovation.

Despite the protections, intellectual property disputes still exist. According to the website of the Houston intellectual property attorneys of Williams Kherkher, many intellectual property disputes are associated with copyright cases, trademark cases, and trade secret litigation.

Copyright

Copyright laws are there to protect authors, artists, and other creators and their creations. Copyright covers a lot of things, like novels, films, photographs, and architecture. If these works are reproduced, distributed, or displayed without the permission of their creators, it is copyright infringement, which is also loosely called piracy.

Protecting copyright gives the creators incentives for their work, like recognition and revenue that they can deem only as their own. Of course, this is not just on an individual level, but also in a company level. Companies that enjoy the protections of copyright will be more determined to invest in their works, especially because nobody can steal these works from them. As a result, culture and entertainment become even more enjoyable for everybody.

Trademark

Trademarks are distinctive signs that identify products and services, and these signs include signatures, marks, expressions, or anything else that makes a product or service recognizable. Trademark protections exist so the individuals and companies that own them get exclusive rights to use these signs to identify only their products and services.

By protecting trademarks, the individuals and companies that own them are incentivized through recognition and profit that only they can enjoy. This also prevents counterfeiters, and again, this encourages more competition and innovation.

With the development of technology, copyright and trademark protections can be harder and harder to implement. But at the end of the day, these protections still exist and are ready to bite on whoever try to go against them, may they be out in the open or hiding in the deep end of the internet.

Bankruptcy for Businesses

Posted by on Nov 22, 2016 in Bankruptcy | 0 comments

The challenges faced by many small businesses can be too much, resulting to these firms thinking if filing bankruptcy would be a beneficial move for them. Bankruptcy is a process that individuals or companies go through to help them eliminate or repay their debts which have increased to an amount that is impossible to manage. Individuals file for personal bankruptcies, while the type filed by firms is business bankruptcy, which could either be liquidation bankruptcy or reorganization bankruptcy.

The specific bankruptcy chapter that a business may file depends on its form of business. Sole proprietorships, which are legal extensions of the owner can file business bankruptcy under Chapter 7, Chapter 11, or Chapter 13. Partnerships and corporations, on the other hand, being legal entities separate from their owners, can file business bankruptcy under Chapter 7 or Chapter 11.

For a firm that really has no future, has no substantial assets, or whose debts are so overwhelming so that restructuring it would not amount to any benefits, Chapter 7 business bankruptcy may be the best option. A firm filing Chapter 7 bankruptcy, also called liquidation bankruptcy, means, however, that business operations are over.

The firm itself, and whatever assets it has, will have to be surrendered to a court-appointed trustee who, in turn, will need to liquidate these and use the amount earned to pay the firm’s creditors. At the end of the bankruptcy case, the sole proprietor will receive a “discharge,” which will releases him/her from any further obligation in connection to the debts (this discharge is not available to partnerships and corporations).

If a firm still has a future, then Chapter 11 business bankruptcy should be the chapter to be filed. This chapter involves a plan wherein financial reorganization is made and the firm allowed to balance its income and expenses, continue earning profits, and continue operations. Reorganization is made under the guidance of a court-appointed trustee, who may also happen to be the owner of the company.

While it is true that many small corporations, limited liability companies, and partnerships shy away from Chapter 11, due to its risks and complexity, aside from being time-consuming and expensive, many still choose it because it is the only bankruptcy chapter that allows firms to restructure while continuing operations.

Chapter 13 business bankruptcy, the third option, but only for sole proprietors, allows business owners to restructure their debt payment plan. For sole proprietors to qualify under Chapter 13, however, their unsecured debt should not be more than $383,175, and their secured debt, not more than $1,149,525.

At bradford-law.com, it is explained that even the most well-run businesses may suffer from periods of financial distress for a variety of reasons. When issues related to debt and financial difficulties become overwhelming, business owners may be left wondering what options are available to them. For many companies, Chapter 7 bankruptcy may be an attractive and effective solution to their problems.

How Does Shoulder Replacement Surgery Work?

Posted by on Oct 24, 2016 in Defective Medical Products | 0 comments

Shoulder arthroplasty is a a type of joint replacement surgery that involves the replacement of the humerus and the glenod or the shoulder socket. Here the ball of the humerus is replaced by a metal implant and the socket by a smooth plastic device that takes the place of the functions of the natural cartilage surface. According to the Agency for Healthcare Research and Quality, there are around 53,000 patients who undergo shoulder replacement surgery.

Shoulder replacement surgery is necessary in order to restore the normal functions of the shoulder. It usually starts with unbearable pain in the shoulder which may be due to various causes such as osteoarthritis, broken bones in the arm near the shoulder, tumor in or around the shoulder, and others. There are various risks associated with shoulder replacement. However, if defective replacement devices are implanted in the patient, the result could be debilitating pain and additional injuries which could include significant bone loss, instability, and weakness.

According to the website of Williams Kherkher, the main goal of shoulder replacement is to replace the humerus with a metal “ball” component that is attached to a stem and a plastic socket over the surface of the glenoid. A successful procedure would usually last for 10 to 15 years. However, when faulty shoulder replacement devices are used, the pain could be much longer and the expenses could be huge. It may require a second surgery which could extend the recovery time. The general aim of rehabilitation is to restore shoulder motion and strength. On the other hand, failure of the replacement surgery could result to severe complications.

It is worth noting that precautions still need to be implemented even after the surgery as there is still a risk of infection. Full recovery is the end target and the patient is expected to return to normal activities after some time.

Defective Pharmaceuticals: What Happens When Medicine Becomes Harmful

Posted by on Oct 20, 2016 in Defective Medical Products | 0 comments

Medical professionals rely on pharmaceutical companies to design and manufacture treatment for various conditions and diseases. Thanks to the continuing advancement of technology, pharmaceuticals are able to come up with the most innovative solutions to help advance the health and welfare of people. Unfortunately, the pharmaceutical industry isn’t always foolproof. Defective medical devices lead to more trouble than what they were intended to solve. In fact, as noted by the lawyers of Williams Kherkher, defective pharmaceuticals are known to comprise a significant number of all product liability cases in America.

The pharmaceutical industry is, of course, responsible for many vast improvements in the landscape of medicine. However, there are times when the medications and devices manufactured by pharmaceutical companies prove to be dangerous. While the government has set up safety nets to ensure that defective pharmaceuticals aren’t used on patients, there are moments when researchers fail to catch the potential risks before it’s too late. In plenty of cases, these errors only come to light when they cause significant injury and suffering on patients. Even with FDA approval, some pharmaceuticals cause consequences that are often difficult to solve.

These faulty implants used to replace severely damaged joints caused by injury or medical conditions such as arthritis can lead to bone and tissue damage, as well as high levels of metal toxicity in a patient’s body. Defective implants can also easily erode, leading to dislocation from the bone socket. These defective products are especially alarming because correcting the errors they caused require more invasive surgery and lengthy recovery times. For most patients, this leads to mounting medical expenses that may no longer be covered by insurance.

How To Find & Fix A Roof Leak

Posted by on Jul 30, 2016 in Roof Repairs | 0 comments

A leak in your roof can pose a problem to the rest of your house. In some instances, they develop years before roof replacement takes place. The problem is finding the source can be difficult as it starts away from where the leak shows up. Usually they result from cracked or missing shingles, on a flat roof, a blistered or cracked area. When water passes through the roofing, it may slowly find its way to your favorite furniture.

In order to get rid of leaks, you need to consider roof repair. Repair is an immediate and temporary solution to an active leak. Working on a roof can be a dangerous so it is best to do it on a sunny day when the roof is dry. Working on a rainy day when the roof is wet and slippery can be dangerous.

When doing roof repair, it is best to wear rubber-soled shoes as it provides the best traction for such activities. You should also be aware of the location of power lines and avoid them. As always, you should implement adequate safety measures when doing roof repairs. If possible, use safety ropes. Shingle roofs are much easier to fix. Just look for damaged, curled, or missing shingles.

If the weather has been dry for a while, check for any water marks, stains, or discolorations on the wood due to moisture. If it is still raining, place a bucket under the leak with adequate support. Let it collect the drips and fix the leak once the rain stops.

If roof repair is not your kind of thing, you can always get in touch with roofing contractors. They will do the repair for you. They have the training and experience to handle such kind of roofing problems. Leaks in the roof need to be repaired immediately before it becomes worse.