- Scott Smith | March 31, 2007 4:17 PM |
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Property Owner's Liability (Slip & Fall)What has to be shown in order to prove negligence?In order for one to prove that a defendant (at fault party), was negligent (fault) and therefore responsible for damages to you, a plaintiff (person claiming injuries and damages) must show:• the defendant had a duty to use reasonable; • the defendant breached the duty by acting unreasonably;• it was foreseeable that by acting unreasonably,...
- Scott Smith | March 30, 2007 8:54 AM |
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MiscellaneousIf you were injured due to someone or some company's careless or negligent acts should you be taxed if you recover for your losses? The business elite think so.McQuillan & Abramyan's "The Tort Tax" (WSJ, March 27, 2007) concludes that each American family is expending an annual "tort tax" of $9,827. This "tax" is comprised of what the authors claim are "static" and "dynamic" costs. The majority...
- Scott Smith | March 29, 2007 2:15 PM |
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MiscellaneousGenerally in Ohio an owner or occupier of property owes a duty to exercise ordinary care in maintaining the premises in a safe condition so that invited persons are not unnecessarily and unreasonably exposed to danger. Ohio Courts have held the possessor of the premises owes a duty to an individual who is invited on the property to exercise ordinary care for the person's safety and protection...
- Scott Smith | March 27, 2007 12:32 PM |
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MiscellaneousThe Michigan Chamber of Commerce and Insurance Institute of Michigan criticized Michigan lawmakers for passing a law that allowed victims of personal injury to recover for non-economic damages.Wendy Block, Director of Health Policy and Human Resources for the Michigan Chamber of Commerce and Peter Kuhnmuench, Executive Director of the Insurance Institute of Michigan claimed Michigan insurers...
- Scott Smith | March 24, 2007 4:16 PM |
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Medical MalpracticeLoss of IncomeYou are entitled to compensation if your injuries prevent you from working, causing you to lose income. For example, if you are a landscaper who can't work for a week because you sprained an ankle in an accident, you are entitled to compensation for that week of lost wages. You are also entitled to lost wages if you miss work because of treatment.If the injury is serious enough...
- Scott Smith | March 23, 2007 9:24 AM |
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MiscellaneousConstruction workers along with builders protested two insurance companies delay in funding the construction to rebuild the World Trade Center. As reported on March 14, 2007, Trade Center Developer Larry Silverstein, Port Authority of New York and New Jersey, Executive Director Anthony Shorris, lawmakers and labor leaders rallied outside the National Association of Insurance Commissioners...
- Scott Smith | March 22, 2007 12:29 PM |
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MiscellaneousRadio Shack shareholders filed a securities class action lawsuit because the company issued misleading statements that inflated stock prices. The lawsuit charges Radio Shack Company leaders with falsifying, manipulating and overstating financial results to conceal the true negative conditions of Radio Shack's business. The company stock prices rose from $20.00 per share before the start of the...
- Shannon Weidemann | March 21, 2007 7:02 PM |
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Defective & Dangerous ProductsPet food manufactured for Menu Foods from December 3, 2006 to March 6, 2007 has been recalled. The recall involves wet food that is found in cans and foil packets. The pet food is for cats and dogs and includes about 88 brands. The food can possibly cause kidney damage in pets.Symptoms for pet owners to watch for include vomiting, diarrhea, lack of appetite, excessive urination, excessive...
- Scott Smith | March 21, 2007 2:19 PM |
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Medical MalpracticePeople in Iowa learned the United States Chamber of Commerce medical malpractice crisis exist in this country doesn't exist after all.Lawmakers in Iowa, like Ohio, have continuously urged reform in the legal system to cap pain and suffering damages in medical malpractice lawsuits. The U.S. Chamber of Commerce representing the interest of big business and big media complain that big verdicts...
- Scott Smith | March 19, 2007 3:19 PM |
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MiscellaneousAllstate has been ordered to reduce Texas homeowner's insurance rates by the Texas Department of Insurance by as much as 5%. Allstate was found to have overcharged Allstate insured's since December 2004 and must also refund this amount estimated at approximate $56 million. The Texas Department of Insurance Commissioners found Allstate's homeowner's insurance rates were excessive, unreasonable...
- Scott Smith | March 17, 2007 4:15 PM |
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Automobile AccidentsWhen a lawsuit is brought for damages caused by a car crash, the judge or jury must decide who caused the accident, since more than one person may have been negligent (fault), including the person who is bringing the lawsuit. Once the amount or percentage of negligence has been determined for each person, damages are awarded as determined by what system of fault the state follows. There are...
- Scott Smith | March 15, 2007 3:17 PM |
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MiscellaneousEnron Corporation shareholders have settled a class action lawsuit against Arthur Andersen, LLP for $72.5 million as approved by Judge Melinda Harmon of the United States District Court for the Southern District of Texas. In a related matter, Arthur Andersen was found guilty of criminal charges based upon facts common to the class action. The class action settlement coupled with the six week...
- Scott Smith | March 14, 2007 2:13 PM |
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Medical MalpracticeAbraham Lincoln once said, "A lawyer's time and advice is his stock in trade." In essence, asking an attorney for his advice is no different than asking an accountant to set up a business plan or do your taxes, a doctor to examine you, render a diagnosis and prescribe treatment or hiring an electrician to fix the wiring of your home. Nonetheless, many people are under the impression that...
- Scott Smith | March 12, 2007 3:40 PM |
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MiscellaneousU.S. District Judge George B. Daniels approved a settlement involving Holocaust victims and their relatives that has lasted approximately ten years. The settlement was entered into with Italian insurance company Assicuraazioni Generali whereby the insurance company would accept new claims until March 31, 2007 after noting it had paid $135 million to settle claims to date. Nonetheless, the...
- Scott Smith | March 10, 2007 4:12 PM |
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Medical MalpracticeAs with all lawsuits, a statute of limitations restricts the time in which you can file a lawsuit for negligence. In Ohio, the statute of limitations for most personal injury negligence is two years. If you miss the deadline, you usually have no legal recourse. Note that the statute of limitations for medical malpractice cases is only one year with exceptions. O.R.C. Ann §2305.11. If you...
- Scott Smith | March 08, 2007 12:47 PM |
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Medical MalpracticeIn an attempt to curtail costly legal expenses in defending medical malpractice claims the University of Pittsburgh's Medical Center has aggressively pursued a process of mediation in an attempt to resolve malpractice claims before they go to court. The advantage of doing so is not only sensible but demonstrates medical providers change in position that has been urged for years by medical...
- Scott Smith | March 02, 2007 3:47 PM |
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MiscellaneousPersonal injury law covers a broad spectrum of issues when one has been physical or emotionally injured, and/or personal property has been damaged. In legal circles, personal injury law is also known as "tort" law, the French word for "wrong." Personal injury or "tort" law is the body of laws that allows one to be compensated in the even that someone's carelessness, recklessness or intentional...
- Scott Smith | March 01, 2007 12:35 PM |
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MiscellaneousAn article on CNN.com determined "[I]f you are injured in a minor car crash, chances are good that you will be in the fight of your life to get the insurance company to pay all the medical costs you incur - - even if the accident was no fault of your own." (CNN.com, Auto Insurers Play Hardball in Minor-Crash Claims by Drew Griffin and Kathleen Johnston, February 9, 2007)CNN conducted an eighteen...