More On Piercing The Corporate Veil In Indiana, And The UFTA by John D. Waller

This follows-up my May 15, 2007 and May 23, 2007 articles about Indiana law applicable to creditors that want to pierce the corporate veil and that wish to recover under Indiana's Uniform Fraudulent Transfer Act. On July 20, 2007, the Indiana Court of Appeals issued an opinion upholding the trial court's piercing of the corporate veil, normally a difficult thing to do, as well as affirming liability based on the UFTA. See, Four Seasons Manufacturing, Inc. v. 1001 Coliseum, LLC, 2007 Ind. App. LEXIS 1589 (Ind. Ct. App. 2007).
Indiana's general principles on "piercing". Four Seasons, on page 12, sets out these guidelines:
1. Indiana courts are reluctant to disregard the corporate identity and do so only to protect third parties from fraud or injustice when transacting business with a corporate entity.
2. The process of piercing a corporate veil is equitable in nature, and courts necessarily engage in "a highly fact-sensitive inquiry."
3. Parties seeking to pierce the corporate veil bear the burden of establishing that the corporation was so ignored, controlled or manipulated that it was merely the instrumentality of another and that the misuse of the corporate form would constitute a fraud or promote injustice.
Factors to be considered. To get to individual owners, the following evidence may be considered (see, pp. 12 and 13):
1. Undercapitalization;
2. Absence of corporate records;
3. Fraudulent representation by corporation shareholders or directors;
4. Use of the corporation to promote fraud, injustice or illegal activities;
5. Payment by the corporation of individual obligations;
6. Commingling of assets and affairs;
7. Failure to observe required corporate formalities; or
8. Other shareholder acts or conduct ignoring, controlling or manipulating the corporate forum.
To get to other entities, in addition to the eight factors above, Indiana courts consider these:
1. Similar corporate names were used;
2. The corporations shared common principal corporate officers, directors, and employees;
3. The business purposes of the corporations were similar; and
4. The corporations were located in the same offices and used the same telephone numbers and business cards.
Importantly, each of the above factors does not need to be proven in order to pierce a corporate veil. The list is non-exhaustive. There does not necessarily need to be evidence of every factor. Id. at 16. In Four Seasons, the Court of Appeals held that the plaintiff commercial lessor (creditor) presented adequate evidence that the defendant entity basically orchestrated a fraudulent purchase agreement between two related entities (both of which were owned by the defendant) in order to shield those entities from liability associated with a lease default.
Uniform Fraudulent Transfer Act. Actions pursuant to the UFTA and proceedings to pierce the corporate veil sometimes go hand in hand. Four Seasons is one of those cases. Indeed the plaintiff was able to recover its damages from the corporate owner of the defaulting entity/lessee under the piercing theory and, alternatively, the fraudulent transfer theory. One specific question in Four Seasons was whether the defendant was a "debtor" under the UFTA, Ind. Code § 32-18-2. A "debtor" is "a person who is liable on a claim." I.C. § 32-18-2-6. The Court of Appeals held that the defendant entity was a debtor because it coordinated the fraudulent transfer at issue. Also important was the fact that the defendant was the 100% owner of both the defaulting lessee and the entity that "purchased" the lessee at the time of the default.
The remedies provision of the UFTA, I.C. § 32-18-2-7, focuses on the amount of the fraudulent transfer - no more, no less. In Four Seasons, the UFTA damages consisted of the value of assets the defendant entity fraudulently transferred between one entity to the other entity in order to avoid a judgment based on the lease breach. Id. at 22-24. That amount consisted of the value of the assets that the breaching entity (the corporate lessee) possessed upon default - the same amount of money fraudulently transferred out of that entity to the second, related entity.
The Four Seasons case offers secured lenders guidance when faced with decisions concerning whether to pursue the assets of individuals or entities other than those of the actual borrower's. Piercing the corporate veil and UFTA actions can be expensive and time-consuming cases, not to mention difficult ones to win. This and other recent Indiana cases demonstrate, however, that it can be done under certain circumstances.
About the Author
John D. Waller is a partner at the Indianapolis law firm of Wooden & McLaughlin LLP. He publishes the blog Indiana Commercial Foreclosure Law at http://commercialforeclosureblog.typepad.com. John's phone number is 317-639-6151, and his e-mail address is jwaller@woodmclaw.com.

Guide to Current Patent Reform Legislation by Robert Ambrogi

Legislation that would dramatically overhaul U.S. patent law appears to be on a fast track in Congress, but legal and business groups are finding themselves at odds over the legislation. In an effort to help make sense of this legislation, we offer this guide to its key provisions, together with summaries of the arguments being raised for and against.
CONVERT U.S. TO FIRST-TO-FILE
In what would be a fundamental shift in U.S. patent law, the bill would bring the United States into conformity with the rest of the world by converting it from a first-to-invent to a first-inventor-to-file system.
Proponents maintain this would simplify the patent process, reduce legal costs, improve fairness, and enhance the opportunity to make progress toward a more harmonized international patent system. A first-to-file system, they say, provides a fixed and easy-to-determine date of priority of invention. This, in turn, would result in greater legal certainty within innovative industries.
Proponents also believe that this change would decrease the complexity, length, and expense associated with current USPTO interference proceedings. Rather than tie up inventors in lengthy proceedings seeking to prove dates of inventive activity that may have occurred many years earlier, inventors could continue to focus on inventing.
Finally, because this change would bring the U.S. into harmony with the patent laws of other countries, it would enable U.S. companies to organize and manage their portfolios in a consistent manner.
Opponents argue that adoption of a first-to-file system could promote a rush to the USPTO with premature and hastily prepared disclosure information, resulting in a decline in quality. Also, because many independent inventors and small entities lack sufficient resources and expertise, they would be unlikely to prevail in a "race to the patent office" against large, well-endowed entities.
The USPTO opposes immediate conversion to a first-to-file system, in part because this remains a bargaining point in its ongoing harmonization discussions with foreign patent offices. Inventors also oppose this.
APPORTIONMENT OF DAMAGES
The bill would significantly change the apportionment of damages in patent cases. Under current law, a patentee is entitled to damages adequate to compensate for infringement but in no event less than a reasonable royalty. Section 5(a) of the bill would require a court to ensure that a reasonable royalty is applied only to the economic value attributed to the patented invention, as distinguished from the economic value attributable to other features added by the infringer.
The bill also provides that in order for the entire-market rule to apply, the patentee must establish that the patent's specific improvement is the predominant basis for market demand.
Proponents say this measure is necessary to limit excessive royalty awards and bring them back in line with historical patent law and economic reality. By requiring the court to determine as a preliminary matter the "economic value properly attributable to the patent's specific contribution over the prior art," the bill would ensure that only the infringer's gain attributable to the claimed invention's contribution over the prior art will be subject to a reasonable royalty. The portion of that gain due to the patent holder in the form of a reasonable royalty can then be determined by reference to other relevant factors.
Complex products, the proponents contend, often rely on a number of features or processes, many of which may be unpatented. Even where the patented component is insignificant as compared to unpatented features, patentees base their damage calculations on the value of an entire end product. This standard defies common sense, distorts incentives, and encourages frivolous litigation.
Further, courts in recent years have applied the entire-market-value rule in entirely dissimilar situations, leaving the likely measure of damages applicable in any given case open to anyone's guess.
Opponents argue that Congress should not attempt to codify or prioritize the factors that a court may apply when determining reasonable royalty rates. The so-called Georgia-Pacific factors provide courts with adequate guidance to determine reasonable royalty rates. The amount of a reasonable royalty should turn on the facts of each particular case.
Although intended to guard against allegedly inflated damage awards, this mandatory apportionment test would represent a dramatic departure from the market-based principles that currently govern damages calculations, opponents say. Even worse, it would result in unpredictable and artificially low damages awards for the majority of patents, no matter how inherently valuable they might be.
Opponents further argue that this change would undermine existing licenses and encourage an increase in litigation. Existing and potential licensees would see little downside to "rolling the dice" in court before taking a license. Once in court, this measure would lengthen the damages phase of trials, further adding to the staggering cost of patent litigation and delays in the judicial system.
WILLFUL INFRINGEMENT
Section 5(a) of the bill would limit a court's authority to award enhanced damages for willful infringement. It would statutorily limit increased damages to instances of willful infringement, require a showing that the infringer intentionally copied the patented invention, require notice of infringement to be sufficiently specific so as to reduce the use of form letters, establish a good faith belief defense, require that determinations of willfulness be made after a finding of infringement, and require that determinations of willfulness be made by the judge, not the jury.
Proponents say that willfulness claims are raised too frequently in patent litigation - almost as a matter of course, given their relative ease of proof and potential for windfall damages. For defendants, this raises the cost of litigation and their potential exposure.
A codified standard with fair and meaningful notice provisions would restore balance to the system, proponents say, reserving the treble penalty to those who were truly intentional in their willfulness and ending unfair windfalls for mere knowledge of a patent.
Further, tightening the requirements for finding willful infringement would encourage innovative review of existing patents, something the current standard discourages for fear of helping to establish willfulness.
Opponents argue that willfulness is already difficult to establish under existing law. The additional requirements, limitations, and conditions set forth in the bill would significantly reduce the ability of a patentee to obtain treble damages when willful conduct actually occurs. The possibility of treble damages under current law is an important deterrent to patent infringement that should be retained as is.
INTERLOCUTORY APPEALS
Section 10(b) of the bill would permit an interlocutory appeal to the Federal Circuit Court of Appeals after a Markman hearing on claim construction, rather than waiting for a final judgment from the district court.
Proponents say these appeals would reduce the length and cost of litigation. Claim construction, they argue, is a fundamental predicate that goes to the heart of any patent infringement case. Until a claim is construed, it is impossible to establish whether infringement occurred and whether the patent is invalid. This process also serves to narrow discovery and motion practice and related expenses.
Proponents assert that an interlocutory appeal would help to mitigate the judicial inefficiency that occurs when a full trial is conducted based on an incorrect interpretation of the patent, only to be reversed on appeal and sent back for a second trial. More than a third of all Markman rulings are overturned on appeal, meaning that many litigants end up paying the attorney fees and expenses for two trials.
Opponents say interlocutory appeals from Markman hearings would increase litigation and court congestion and offer "another bite at the apple" because the reversal rate for claim construction is fairly high. The net result, they say, will be to significantly delay final judgments from the lower court, significantly delay potential settlements, and significantly increase litigations costs.
Opponents argue that the Federal Circuit would not be able to handle expeditiously the large numbers of Markman appeals, meaning that resolution of the underlying district court cases would be delayed for years.
If this provision is enacted, opponents say, it would result in an interlocutory appeal in virtually every patent infringement case as soon as a Markman order is issued. One study estimates this would double the number of appeals each year.
POST-GRANT REVIEW
The bill would expand the ability of third parties to challenge a patent after its issuance. In particular, it would allow any person to oppose a patent within 12 months after it is granted. More controversially, it would allow a challenge at any time if the petitioner "establishes a substantial reason to believe that the continued existence of the challenged claim in the petition causes or is likely to cause the petitioner significant economic harm."
A newly designated Patent Trial and Appeal Board would be responsible for conducting the post-grant reviews. The presumption of validity that applies to patents during litigation would not apply to these post-grant review proceedings. Instead, a "preponderance of the evidence" standard would apply.
The so-called second window - the ability to challenge at any time - is necessary, proponents say, to allow for a meaningful and broadly available reevaluation of suspect patent claims before a firm is forced into prolonged and expensive litigation.
PRIOR USER DEFENSE
Section 5(b) of the bill expands the prior-use defense, which presently applies only to business-methods patents, to cover all patents.
Proponents argue that this expansion is reasonable in a competitive economy and strikes a balance between trade secret and patent protection. They also say it goes hand-in-hand with U.S. adoption of a first-to-file rule. Prior-user rights benefit smaller businesses, which often lack the resources or know-how to pursue patent protection, proponents say. This measure would allow them to commercialize their inventions when they used the subject matter of the invention prior to the patent's filing date, even when they did not pursue patent rights.
Some foreign countries presently allow prior-user rights, including Germany and Japan. This measure would help level the playing field for U.S. companies by putting them in the same competitive position as their overseas counterparts.
Opponents contend that prior-user rights undermine the purpose of a patent system by creating a strong incentive to protect innovations as trade secrets. Under a prior-use defense regime, if inventors are able to protect their innovations as trade secrets, they are able to use them indefinitely, even if someone else obtains a patent on the invention.
Opponents also argue that this change would benefit larger corporations at the expense of smaller ones. They also contend that prior-user rights would reduce the value of patents and therefore make innovation less desirable.
VENUE
Section 10(a) of the bill limits the places where corporations may be sued in patent cases by amending 28 U.S.C. § 1400(b) to provide that a corporation "resides" only where it has its principal place of business or in the state in which the corporation is incorporated. Current law presumes a corporation to reside wherever it is subject to personal jurisdiction. This change would not apply to declaratory judgment actions brought by alleged infringers.
Proponents argue that this change would discourage forum shopping. As the law now stands, any company whose products are sold nationwide is subject to patent litigation in any jurisdiction in the country. As a result, certain jurisdictions have become magnets for patent cases because of the disproportionately high number of cases they decide in favor of patentees.
This forum shopping imposes a costly burden on businesses which must collect evidence and witnesses and travel to remote jurisdictions to try complex patent cases over a period of weeks or months.
Opponents argue that this change would be a substantial departure from established practice and may not result in the most appropriate and convenient venue for litigation. Certain district courts attract patent cases not because of favoritism, they say, but because of their expertise and timeliness. They also argue that the impact of forum shopping is minimized by the existence of a single appellate court for patent cases, the Federal Circuit.
USPTO REGULATORY AUTHORITY
The bill would authorize the USPTO to promulgate substantive - as opposed to procedural - rules and regulations for the first time in its history.
Proponents argue that giving the USPTO substantive rulemaking authority would be beneficial to the patent system and would help ensure an efficient and quality-based patent examination process.
Opponents note that the U.S. Constitution expressly gives Congress the power to protect intellectual property and that delegating that authority to an administrative agency would be an ill-considered abdication of that Constitutional authority. Further, this grant of authority would create instability in the patent system, because the USPTO could make multiple changes to the law during the life of a patent. The job of defining substantive patent law is better left to Congress and the courts.
INVENTOR'S OATH
The bill would change the current practice of requiring the inventor to sign an application. It would allow the assignee of an invention to file a patent application in its own name. It would also allow substitutes for the inventor's oath where the inventor is unable or unwilling to sign.
Proponents say this change would reduce unnecessary formalities in the patent application and simplify and streamline the process. They also say this change would go hand-in-hand with a U.S. shift to a first-to-file system.
Opponents say that patent applications filed by assignees may lack the actual inventor's personal guarantee that the application was properly prepared. In addition, assignee filing might derogate the right of natural persons to their inventions.
About the Author
Robert Ambrogi is the editor of BullsEye, a monthly newsletter distributed by IMS Expert Services. IMS Expert Services is the premier expert witness and litigation consultant search firm in the legal industry, focused exclusively on providing custom expert witness searches to attorneys. To read this and other legal industry BullsEye publications, please visit IMS Expert Services at www.ims-expertservices.com.

What Employers Must Know About Whistle Blowing by Attorney Gabirel Cosh

Whistle blowing is an act wherein an employee reports, to the proper authorities or government agencies, what he perceives as wrongful acts being committed by his employer.
If you are an employer, you should be well informed that your employee is protected by the law against retaliation for his or her whistle blowing. If you are doing something unlawful and you were reported by one of your employees to the proper agency, you cannot penalize your employee for doing this. The next thing that you may do is to prepare yourself for the notice of violation or subpoena from the court requiring your attendance at a hearing. Meaning, face the accusations against you and defend yourself in the proper forum.
Furthermore, you cannot terminate or even discriminate the whistle blower for that matter. You should treat him like any other ordinary employee. Otherwise, you will be in for more damages. The law allows the whistle blower to recover damages from his employer if he was wrongfully terminated or otherwise discriminated due to his act of whistle blowing.
However, you should also know that your employee is not protected by whistle blowing laws if he files any complaint for your illegal acts to other person in your company. But don't be too quick to get back at your employee.
Even though he is not protected by whistle blowing laws, you still cannot attack the whistle blower with impunity. Otherwise, you could be liable for damages for violating your responsibility to treat each of your employees justly and reasonably. In short, you will be violating public policy provisions.
What if you are not really committing an illicit act? Can you then retaliate against your over zealous employee for such wrong accusations? The answer still is no. You cannot retaliate against your whistle blowing employee even if you did not actually commit any illegal or wrongful act. The criteria are, for as long as the employee, in good faith, thinks that you were committing a wrong, the employee is protected from telling on you despite the fact that the information was erroneous.
But then again, you should not fret. A whistle blowing employee is not immune from any sanctions from you after the whistle blowing act. The law mandates to treat the whistle blowing employee the same way you treat an ordinary employee.
Hence, if the whistle blowing employee committed subsequent conduct for which he can be terminated under the law, then you have the suitable reasons to terminate the whistle blower. It is only where the act of terminating an employee is tantamount to retaliation and the law steps in to protect the employee. Treat your employees fairly, especially in California. Otherwise, expert legal eagles might swoop in to make you accountable for violating the law against employee retaliation.
About the Author
For more information about Violation of Whistle Blowing Laws, visit our Los Angeles Lawyers

Settling a Personal Injury Case by Attorney Gabirel Cosh

Our current legal system is encountering problems due to its own nature. It has become so open and accessible to the public that the slightest injury sustained by a person or the slightest damage that a property has experienced would already amount to a long-standing litigation that would take years before final resolution. We have a society that is sue happy and breaks into litigation that so appropriate in our prevailing realm.
Our government is aware of this growing dilemma, and the fact that our courts' dockets are clogged with so many petty cases. Unfortunately, the more pressing claims are given less attention. With this in mind, our government has outlined several means to settle a particular case without having to resort to court litigation. These other means include mediation and arbitration of the claims.
Mediation and arbitration involve pre-litigation avenues in settling a particular dispute. The fact that the parties are given the opportunity to air their grievances and address their arguments until they reach a common ground. The main goal in mediation and arbitration is arriving at a settlement. These types of settlement process are encouraged by the courts to do away with the adversarial set-up in court litigation and the expensive process of going through the rigid court procedures.
The good thing with the use of these alternative modes of settling disputes is the fact that any settlement arrived at by the parties would be controlling between and among them, it has the force and authority of a decision of a jury, which is considered as final and executory.
Owing to its nature of dependency to the voluntary conduct of the parties in the case, no one can appeal on the final decision of a mediation or arbitration settlement. This means that after the victim accepts the settlement arrived at by the parties then he or she could no longer file any claims in court for the same cause of action. The plaintiff is barred from filing a lawsuit based on a case that has been previously decided upon through mediation or arbitration.
The alternative procedures for settling disputes is now being given importance since it provides the opportunity for the parties to sit down and talk about the circumstances without rigid formality and cost. It does not only foster rational thinking, it also gives ample consideration for the wrongdoers who have accepted the civil wrong he or she committed. It also allows allows another party to willingly forgive the wrongdoer after deciding upon the proper and just compensation.
About the Author
For more information please log on Los Angeles Personal Injury Lawyer site

Discrimination based on Age by Attorney Gabirel Cosh

A person's willingness to continue working in order to provide for the needs of his family is admirable. However, when one reaches a certain age, it comes to a point when a body fails and unable to do the things it can when young. That is the time when a person must forgo of his or her employment.
Nevertheless, it must be pointed out that age is not major factor in determining if an employee can no longer comply with the demands of his occupation. The condition of the body that determines whether one is qualified to continue with his job.
As always, the employer has ample authority to terminate an employee and break the employer-employee relationship, especially if the production process is already affected by the incompetent acts of the employee. Yet this power granted to the employer cannot be exercised without due regard to the regulations contained in our Constitution and laws.
This means that if an employee has been terminated on the sole basis of his or her age, then such act amounts to unfair labor practice or labor law violations. It is also tantamount to employment discrimination based on age. If this case occurs, the employer would be liable for any untoward damages that may be experienced by the employee.
To further stress the point, if an employee reaches a certain age wherein he would be considered rather old, and then he were terminated from work or become subject to a constructive dismissal by the employer which primary factor solely depends on his age, then the act would fall under discrimination in employment on the basis of age.
An employer has the prerogative to hire or fire an employee, however, this prerogative cannot be used as basis for discriminating against an employee, whether basing on his age or other notable factors like gender, race and religion.
A termination would be valid if it is based on acceptable reasons like if the employee is considered as a liability, already rather an asset to the company. These reasons and other civil wrongs and criminal acts can be the valid reasons for an employee to be dismissed.
An employee who is a victim of discrimination for his or her age and is unlawfully terminated for this reasons, can file for labor law violation claims and can be actually given a higher settlement amount if it is proven that the employer acted beyond his or her jurisdiction. Usually, the reason for the high claims is when an employee is discriminated for his old age and he finds it difficult to find another job again.
About the Author
For more information about Employment Discrimination visit our Los Angeles Attorneys

Does Pennsylvania have a Motorcycle Lemon Law? by Greg Artim

Pennsylvania does not currently have a specific Motorcycle lemon law at this time. The Pennsylvania Lemon Law currently only applies to personal use cars, trucks, vans and SUV's, for the most part. Fortunately, however, you may be able to bring a lemon law-type claim if you have purchased a defective motorcycle. If your motorcycle suffered a substantial defect while under the original manufacturer's warranty, there is a federal law called the Magnuson-Moss Warranty Act that covers motorcycles that have a written warranty on them. The Magnuson-Moss Warranty Act protects consumers who purchase any product that costs over $25 and comes with a written warranty, so a motorcycle would be covered by this law. The Magnuson-Moss Warranty Act is similar to the Pennsylvania Lemon Law in many regards. Like the Pennsylvania Lemon Law, the Act provides for a refund or free replacement of the defective product, and further provides for recovery of all associated costs including Attorney fees for bringing such a claim. If the purchaser can show that the motorcycle suffered a substantial defect or non-conformity during the warranty period, and the manufacturer was unable to remedy that defect after a reasonable number of attempts, the Magnuson-Moss Warranty Act will provide relief to the purchaser. The Magnuson-Moss Act is an act that was designed to ensure that manufacturers (of any product) who offer a written warranty on that product abide by and honor the terms of any warranty that they give. A purchaser of a motorcycle is a prime candidate to use this law in the event that he purchases a "lemon". In practice, Lemon Law Attorneys have used this Act very successfully in Pennsylvania to protect purchasers of defective motorcycles. If your motorcycle has suffered a defect while still under the original manufacturer's warranty, you may be entitled to a full refund or free replacement, plus free legal representation.
About the Author
Greg Artim is an Attorney based in Pittsburgh Pennsylvania. He handles Lemon Law and Breach of Warranty matters in all of Pennsylvania. Visit his website at www.ihatethislemon.com

Purchasing an existing business - Legal Do's and Don'ts by Greg Artim

Purchasing an existing business can be a very rewarding endeavor. The first thing that comes to mind about purchasing an existing business is the avoidance of "start-up" costs. The initial costs of creating a new business can be staggering, in addition to the costs for advertising that new business, with no guarantee of a return on your investment. The existing business, however, will have a track record that you can look at as far as income and expenses. While previous performance is no guarantee, it at least gives you a ballpark reference as to what you can expect.
There are many legal considerations when purchasing an existing business. First and foremost is to know exactly what you are purchasing. Are you purchasing the entire business and all of its components, or are you merely purchasing the assets of the business? This is an important issue because you want to make sure that you are not purchasing another person's mistakes. If you are purchasing the entirety of another business, you may be assuming responsibility for all of that business' debts and liabilities, known or unknown. For that reason, we usually recommend that the purchase only include the assets of the existing business. There are exceptions to this rule which are based upon the size, goodwill and standing of the existing business, but that is to be considered on a case by case basis.
When making an Asset purchase, it is extremely important to set forth in writing exactly what the assets are, so there is no confusion after the transaction closes. Make a list of the physically identifiable assets, i.e. the copy machine, the customer list, the desks and chairs, etc... You should also make a list of the intangible assets, i.e. the phone number of the existing business. The failure to consider the exact assets included in the purchase account for many of the business transaction claims that are brought into my office.
The next legal consideration regards the type of business that you are purchasing. Whether it's a Pizza shop or an Insurance business, you want to make sure that the Seller will not open up a similar business right next door to the business that you are purchasing. This is where a Covenant Not to Compete is essential. Almost every type of business purchase transaction should include such a covenant. The Covenant Not to Compete should prevent the Seller from doing many things, including opening a similar establishment, using client or customer lists of the established business, hiring employees of the existing business or advising others to use a competing business. These Covenants are typically limited in time and location. If the Seller is unwilling to enter into such an agreement, the business may not be worth purchasing.
Take the time and effort to consult with your local attorney if you are considering purchasing an existing business. It may save you thousand of dollars and hours of time in the long run.
About the Author
Greg Artim is an Attorney located in Pittsburgh Pennsylvania. For more answers to your legal questions, please visit his website at www.gregartim.com

The Race of the Races by rainier policarpio

The rule is quite simple, equal employment opportunity is available to any person without regard to his racial orientation, or his genetic characteristic that may be associated with his race. Even marriage to or association with someone of a marginalized ethnicity cannot be a basis for unjustly discriminating an employee.
The prohibition from discriminating against an employee because of race or perceived color covers not merely the hiring of employees but extends to promotion, compensation, job training, termination, or terms, privileges, and conditions of employment. Employment decisions on the basis of assumptions on abilities, and the performance of an individual based on the fact that the employee belongs to a particular ethnic or racial group is also abhorred.
With the advent of new legislations on the matter, even racial jokes such as ethnic slurs, derogatory comments, and other verbal or physical conduct that would in effect create a hostile and offensive working environment are already considered as forms of racial discrimination.
A deliberate attempt to segregate employees from other employees or from their own customers may be viewed as a breach of this particular proviso. Assigning minorities in areas which are considered as predominantly minority establishments is also construed as a form of racial discrimination since it in effect denies the ample opportunity for growth of an employee on the sole basis of his racial origin. It would also run counter to the laws of the land to exclude those belonging to a particular race to limit them to a particular position or in stereotypical designations.
Prohibition also extends to pre-employment requirements notwithstanding the fact that no employer-employee relationship presently exist. Requiring personal information which compels the disclosure of an applicant's race presumes that this information would be used as a basis for making decisions on hiring the applicant, which in itself is already a form of racial discrimination.
Racial prejudice is against the law, despite of this, a colossal battle is still looming in the horizon before the status of equality on the issue of ethnicity can be achieved. It is one race that would require no winners, but only the sensitivity to afford respect, where such is due. All that is necessary is that the same rights afforded to those who consider themselves of higher class because they do not belong to a marginalized racial group are given to those who are coined as colored. If this simple requisite is answered, then equality is not far-fetched.
Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases.
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

An Abundant, Yet a Scarce Resource by rainier policarpio

There are four primary factors of production; this includes capital, labor, resource, and the entrepreneur, one being dependent with the other, and as indispensable as any other factor. Yet among these factors of production, the one most often considered as least important using as a basis the benefits and attention given to it is labor.
The irony is that, our present laws give high regard to labor, considering the same as a primary social economic force. The fact is, the state even imposes upon itself the duty to fervently protect the rights or workers, and the promotion of their welfare. Yet, notwithstanding this safety net afforded to the workforce, the sad fact remains: These group of people in the society are often discriminated against and are in a constant uphill battle against oppression and marginalization.
Affording full protection to labor in organized or unorganized establishment, and the establishment of full employment and equal employment opportunities is a staple in every civilized society. Guaranteed rights of workers to include: the right to self organization, peaceful concerted acts, the right to strike in consonance with law, collective bargaining agreement, security of tenure, living wage, and humane conditions of work are only some of the safety provisions promoting a workman's welfare. Despite these array of rights explicitly contained under our laws, some if not all of industries which are labor-intensive do not afford said benefits. Adding insult to injury, these production-based employees are even strapped in a hostile employment environment making their situation much more degrading and unwanted.
In a situation where an employee's rights are not afforded, the occurrence of antagonistic relationship between labor and management is not an uncommon picture. Hence, in an aim of avoiding to sacrifice a stand-off in production, the promotion of shared responsibility and the use of voluntary modes in settling brewing disputes are necessary. Labor is indeed an abundant resource, consequently, due to its increasing supply, the cheaper it is to acquire the same. So cheap in fact that even if not all the standard rights are afforded, still many individuals would readily accept any employment offer. Couple this fact with the growing incidence of poverty, and then what you have is an industry that caters more to the interest of the owners of the means of production, than those who use manpower to produce the same. As a result of this dichotomy, the fact of having abundant labor is a truism, but then again, despite the abundance of labor and the absence of the appropriate benefits afforded to them, quality labor is scarce.
Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases.
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

Prevention Is Better Than Cure by rainier policarpio

The logic is quite simple; avoiding the occurrence of a mishap is more prudent than finding a means of curing it when it is already on hand. In the present day and age, the felony of theft may already be committed even in what may seem like the safest means of consummating a transaction, through the internet. The unsuspecting utilization of your Social Security Number in transactions over the net is usually the cause of certain inconsistencies and controversies in the auditing of your account. Hence, avoiding the frequent use of your Social Security Number would eliminate this looming predicament. Always take into consideration the fact that a legitimate company would not require passwords or other information through e-mail. Before providing credit card or other information in the net therefore, make it a practice to confirm the legitimacy of the site. You can do so by verifying the site's address and what appears in literature or from some other reliable source.
Among the measures available to prevent such disaster include but is not limited to: avoiding to provide financial and personal information in response to phone calls which are unsolicited, to include letters and e-mails. While your employer and other financial entities may have official need of your Social Security Number, you have all the right to refuse the request of merchants and other service providers, since there are other means in identifying your person apart from giving your Social Security Number.
Logic also dictates that you must choose Personal Identification Numbers or passwords for bank and Internet accounts, respectively that would be difficult if not improbable to decode. Avoiding the use of home addresses or the date of your birth are some practical tips in avoiding the occurrence of said fraudulent act.
You must also be wary in dealing with businesses that would require the use of such personal information. Before doing the same, a background information must be obtained in determining whether the business entity is a legitimate institution complying with all the requisites of incorporation. A well conducted research on the following issues before entering into any transaction would provide the security you long for in the conduct of your business.
Another common downfall is the clueless belief with another merchant's oral representations alone. The possibility of acquiring written information, although it may seem tedious, would be the best prevention for the occurrence of said dilemma.
Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

The Secrets of Having a Successful Personal Injury Claim by rainier policarpio

In any manner, a number of us have been engaged in accidents which cause us to suffer slight or serious personal injuries. Whether it is brought out by our own fault or other party's misconduct, injuries or impairments still cause us to suffer much. However, on the latter case, it is highly-recommendable to file a personal injury claim against the unruly party to compensate whatever damages you have incurred.
The Personal Injury law, or the Tort Law, covers all the items which can be associated with personal injury cases. It also states all the possible sanctions which the accused may suffer including the financial damages that he may be obliged to pay to the victim. This law aims to aid the poor victims in their monetary needs such as paying for their hospital bills and sustaining their families' daily basic necessities. Also, some torts can be included in criminal offenses that put a guilty party in jail. Otherwise, it is still necessary for the victims to pursue a case in the court to get it started. But, in doing this one should first know the basics of the Tort Law and strictly follow the proceedings of the case in order to bring quite a superior result in his legal battle.
Primarily, an individual should take in to account the three bases of the personal injury case before filing a petition. In most of its occurrence, the accident can be attributed to Negligence which explains that the defendant has to take the responsibility on whatever effects his failure of exercising his duties may inflict to the victims. Moreover, these incidents may also be connected to Intentional Wrong which means that an individual who will be proven of knowing the probable consequences of his actions but still choose to pursue it and cause injuries to people, is might as well be culpable of violating the law. The very last is Strict Liability which is applicable to those cases where the violator manufactured substandard or defective products which later cause injuries and impairments to those people who utilize it. These torts are the mere point of arguments in a personal injury lawsuit. That is why an individual must first determine what among these three torts is applicable to his case in order for him not to be lost in the process of his filing the claim.
Another thing is, like any other criminal court case, the petitioner is given the free will, under the law, to seek legal assistance coming from a respectable and duly qualified personal injury lawyer to help him out in his endeavor of pursuing the legal battle. This right will certainly boost the chances of the victims in obtaining success and in acquiring the largest possible financial damages in the shortest time. To add, a legal representation will probably ease the burden of these victims from undertaking the complicated procedures, thus, giving them much quality time to spend with their families and friends.
Finally, the actualization of one's rights and the adherence to strict safety precautions is still much better than being engaged in this unpleasant situation. In whatever activities we execute, we must put in mind that prevention is much better than cure.
Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases.
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

Personal Injuries, Specified by rainier policarpio

Personal injuries result in various scenarios such as the following:
a.) Vehicle accidents - one of the most common cause of injuries which happens as an outcome of a vehicle mishap; includes cars, motorcycles, trucks, buses, planes, boats among others. These accidents attribute to the affliction of the drivers, passengers and even pedestrians.
b.) Brain injury - a very lethal form of injury which may be caused by an accidental or deliberate attack on the head that result from minor to severe brain damages or even instantaneous death of the victim.
c.) Premise liability - this occurs when an individual suffers impairment in other party's premises due to the owner's negligence in maintaining order and safety to his or her property.
d.) Animal attacks - can also be considered as the most terrifying causes of physical and mental damages that are mainly the consequences of being bitten or attacked by misbehaving animals which are mostly dogs.
e.) Product liability - utilizing such defective or sub-standard products which in return may cause the user to acquire such damages like food poisoning, appliance electrocution among others which may also cause a person's death. Primarily, the product manufacturers and distributors can be held liable for whatsoever injuries that may result in using their faulty product.
f.) Slip and fall - these instances may greatly happen in establishments such as malls, offices, schools and even hospitals to name some. These are also the outcomes of failing to provide the customers, employees, students and others a safe and secured environment.
g.) Medical malpractice - medical practitioners such as physicians, dentists, nurses, midwifes and other individuals who bestow us medical attention have the responsibility of ensuring our health. But due to some neglectful acts, they tend to detach from the accepted standards of performing their jobs. As a result, their patient's health conditions even worsen or sometimes even cause fatalities.
h.) Worker's compensation - every employee has the right under the personal injury law (Tort Law) to be provided of a safe and sound wok place by their employers in order to prevent the occurrence of accidents which result to injuries. Thus, any acts of neglect or failure to discharge his duty as the employer may cause him a lot of problems in facing personal injury charges that may be filed by the affected worker.
i.) Spinal cord injury - this occurrence may be brought up by unintentional or deliberate deeds like medical malpractice or an assault to the victims back. In serious cases, this may also result to paralysis or immediate fatality of a person.
j.) Construction liability - the dangers of such work area may be the ultimate reasons of accident occurrences in a construction site which endanger the lives of the workers. This is why the people who are involved in putting precautionary measures in the site should follow a strict implementation of such safety standards and guidelines in order to avoid legal sanctions
k.) General negligence - as the majority of injury-causing accidents are linked to negligence, it is much necessary to exercise our daily activities with much care and cautiousness to keep away from injuries which may cause us a great deal of suffering and hardships.
l.) Wrongful death - generally, this may be associated with the aforementioned causes of personal injuries but this one resulted in casualties.
All these offensive acts can be grounds for filing a personal injury claim. However, it is much better to follow the safety measures in order to prevent these things from happening to you and your loved ones.
Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

A Deeper View on Sexual Harassment by rainier policarpio

In the United States, around 15,000 cases of sexual harassment are filed in the Equal Employment Opportunity Commission (EEOC) every year. These unruly sex discrimination acts by a higher authority such as the employers are covered by Title VII of the Civil Rights Act of 1964. This law pertains to labor institutions, employment agencies and also the federal government. Its scope covers the employers having fifteen or more workers under his supervision.
Sexual harassment deals with cases involving unwanted sexual moves and sexual favors among others. In the workplace, these acts can be brought to the EEOC for appropriate lawsuit if these put much effect to the employee such as interference in one's work, intimidation, threat, or being engaged in an unpleasant working condition. These harassment incidents have many variations. In fact, it not necessarily means that the victim is always a woman and the aggressor, a man. Same thing as it may occur in cases such that both the victim and the harasser are in the same sex. Most of the times the aggressor has a great authority over the sufferer but there are even occasions that they belong to the same level of work. Moreover, these objectionable acts may come in the form of verbal expressions of sexual desire and not always physical exploitations which may lead to extreme and forcible sexual act.
For a sexual harassment case to gain merits in the court, the accuser must first prove that the sexual violation is unwelcome and in intense cases, the act was done in a violent manner. This means that anyone filing a case suit should be aware that he or she must have informed the assailant, in any way, the he or she is against the person's malicious act. This is quite important because the EEOC examines such accusations in a holistic approach when doing investigative efforts to resolve these issues. They conduct thorough analysis on both party's assertions and other factual information and evidences which have involvement on the case in order to uphold justice.
Nonetheless, it is much better to prevent the occurrence of these incidents in the workplaces. Much to be aware of, employers have the obligation to carry out their duties of providing their workers a safe and amiable place to perform their work and to prevent sexual harassment cases from happening. They, too, should make it clear to their workers that sexual aggression is indeed prohibited in his company by conducting seminars about the topic, setting up an efficient help desk which will hear and resolve the complaints of employees regarding sexual harassment.
The complexities of the law and the intricate court procedure may jeopardize the possibility of obtaining justice. This is why it is still much practical to ask the assistance of a credible labor lawyer to provide support in any legal undertakings such as filing a sexual harassment suit. An expert and steadfast lawyer to handle a victim's case may be more likely to gain favor in the court's resolution of his case.
Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases.
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

The Employers' Obligations on Workers' Compensation by rainier policarpio

Primarily, employment law covers all rights and obligations within the employer-employee relationship - be it the present employees or former employees. Due of the intricacy of employment relationships and the complexity of situations that may occur, employment law entails legal issues as varied as discrimination, wrongful termination, wages and taxation, and workplace safety; therefore, many of these issues must be governed by applicable federal and state law. However, a valid contract should be agreed upon by the employer and the employee - stating contract law alone may present and hereby impose the rights and duties of the parties.
Evidently, all employees have basic rights in the workplace, which include the right to privacy, fair compensation, and freedom from discrimination based on age, gender, race, national origin, or religion.
Needless to say, among all those aforementioned rights and privileges, the employees' compensation as well as all the benefits and incentives should be prioritized. Indeed, it is a responsibility of the employer or owner to give to a worker or employee a fair, rational, reasonable and ample salary or wage. Having such good camaraderie or relationship among employees and employers presents and offers great benefits to both parties. First, for the employees, through monetary benefits, incentives and rewards, they will be more inspired and motivated enough to perform their tasks and duties, or work at their best. Second, for the employers, motivated and enthusiast workers would mean good manpower and would eventually generate superior income and profit. To add, being an employer demands a strong application of social responsibility that begins with compensating his workers, laborers or employees promptly and sufficiently. As responsibility has become a commitment and an attitude, which should be innate and personal, its mere implementation or application justifies its genuine meaning and essence.
Furthermore, righteous employers need not to retaliate against those employees who somehow decided to divulge the malpractices and unworthy practices that the higher authorities are performing. This unlawful act, however, may be a ground for an employee to file their case in the proper government agency to seek relief and protection causing more problems for the employer. These instances are covered by the anti-retaliation provisions the False Claims Act of 1986 which aims to provide refuge to those whistle blowers and prevent those unruly employers from continuing their unfair labor treatment. Sanctions may be applied to them if the discriminated employee was able prove his points in the court. These may include reinstating him to a higher position in the company, endowing him compensations such as double back pay, interests, financial damages and even the cost of his attorney's fees.
Nonetheless, it is much better to give due courtesy and respect to the employees civil rights rather than to face predicaments as the result of being retaliated by the law itself. The Labor law applies to both the workers and the employer; whosoever are culpable committing unjust and unfair actions is worthy of such punishments as provided by the law.
Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases.
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

Federal ruling backs D.C. gun-control law

A federal judge upheld the District's 28-year-old gun-control law yesterday, rejecting a legal challenge from a group of citizens backed by the National Rifle Association. U.S. District Judge Reggie B. Walton dismissed a lawsuit in which the plaintiffs had contended that the law violated their Second Amendment right to own guns. The D.C. law prohibits ownership or possession of handguns and requires that other arms, such as shotguns, be kept unloaded, disassembled or equipped with trigger locks. In a 64-page opinion, Judge Walton ruled that the Second Amendment is not a broad-based right of gun ownership. "The Second Amendment does not confer an individual a right to possess firearms. Rather, the Amendment's objective is to ensure the vitality of state militias," Judge Walton wrote. He went on to say that the amendment was designed to protect the citizens against a potentially oppressive federal government. He also ruled that the Second Amendment does not apply to the District because it was intended to protect state citizens and the District is not a state. A gun-control advocate called the ruling intelligent and well-reasoned. "It's a big victory for those who overwhelmingly believe that we need fewer guns on our streets, not more," said Matt Nosanchuk, a spokesman for the Violence Policy Center. Andrew Arulanandam, an NRA spokesman, said the group's lawyers had not seen the ruling last night, but noted that other courts have taken the opposite position.

Having Troubles on Your Disability Claim? by rainier policarpio

Every year, a substantial amount of increase is being added to the disabled pensioners' Supplemental Security Income benefit as based on the increase on the Consumer Price Index that also raise the Cost of Living in the U.S. As of January 1, 2007 alone, an increase of 3.3% in the Standard SSI Federal Payment was implemented by the Social Security Administration to cope up with the needs of the people. This year an eligible individual with and without an eligible spouse will respectively receive $934 and $623 per month while an essential person will accept $312 of monthly benefits from the government. These financial aids which are being granted to the disabled citizen will surely ease the suffering that they are experiencing giving them such substantial monetary support to sustain their daily needs. These fortunate people have already proven their luck.
On the other hand, a number of claimants are still having their hard times in the process of their petitions. Having their cases still pending in the Social Security office further increase their burdens of looking for the means to obtain enough money for their basic necessities such as food, shelter and clothing until their disability claims be approved. This may be attributed to their lack of at least a bit of understanding about the basics of the Social Security Act which is the law that covers their claims. They are quite unaware that the first step to make in order for their petition to gain approval is to be familiar with the law and the proper procedures of filing. Also, having some information about the Social Security Act will enable them to know which documents and evidences they should bring for their claims to have a strong stand.
However, for those who are still pursuing or are still planning to file a petition for a Supplemental Security Income disability benefits, it is very much advisable to hire the legal services of a qualified attorney who has the expertise in dealing with these certain types of cases. Getting the assistance of knowledgeable and skillful Social Security attorney will indeed increase their chances of getting their financial support from the government in the soonest possible time. A proficient attorney will follow the strict process of filing their claims, from accomplishing the necessary paper works to defending their points in the oral arguments scheduled by the Social Security office. These are some of the things that their attorneys will undergo for them as they enjoy the convenience of relaxing in their own homes with their loved ones while waiting for the results of their applications. And if in case their petitions are subsequently denied, an ever persistent disability attorney will find any other legal means as their clients may wish by filing a petition to a higher level Social Security office or even in a civil court. This will definitely ensure that the claimants' demands are given fair and thorough evaluation in the said office.
But like any other trials that we face in life, we have our own choices. Whether we do it the hard way or look for much easy avenues, there are no other person to praised or be blamed for the outcome but we. So think wisely and be firm in your decision for attitude and determination are still the keys to success in all our endeavors in life including our efforts in pursuing our legal rights.
Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases.
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

Rhode Island Divorce Lawyers: Modifying Rhode Island Child Support! by Christopher Pearsall

* * * What is Rhode Island Child Support? * * *
In Rhode Island, child support is most typically a monetary amount of money that is paid by the parent having visitation with the child or children. It is an amount that the court deems the child(ren) is entitled to from both parents for the child's support. The parent having visitation is then generally ordered to pay his or her percentage share of the total support amount that is calculated to be due to the child(dren) based upon that parent's percentage of his or her income to the combined gross income of both parents of the child.
* * * How is Rhode Island Child Support calculated? * * *
Rhode Island Child Support is set pursuant to the Rhode Island Child Support Guidelines with adjustments by the Rhode Island Family Court judge as provided in the guidelines or within the Judge's discretion as allowed by law since the Rhode Island Child support guidelines could never anticipate every factual set of circumstances under which adjustments should be made.
* * * When are Motions to Modify your Child Support typically filed? * * *
A Motion to Modify a Child Support obligation is typically filed with the Rhode Island Family Court when there is a "substantial change in circumstances". Generally speaking a substantial change in circumstances occur when the combined gross income of the parents of the child has changed by 10% from the time when the Rhode Island Family Court last entered an order for child support.
* * * What could cause a 10% "substantial change in circumstances"? * * *
1. Loss of a job or layoff. 2. Loss of paid medical benefits through your employer. 3. Hospitalizations 4. New job that pays more or less money. 5. Birth of a new child to either parent. 6. Discontinued overtime from your employer. 7. Child is working and contributing to the placement household. 8. Unemployment 9. Out on TDI, are hospitalized 10. Any other circumstance that causes a change of at least 10% in the combined gross income of both parents.
* * * Will the Rhode Island Judge give me retroactive credits? * * *
Under Rhode Island Domestic Relations Law the family court judge assigned to hear your case has the authority in his or her discretion to grant you credit retroactive to the date you filed your Motion to Modify Child Support. Therefore, if you get laid off or experience any substantial reduction in income that may prevent you from paying your child support as required by the court then you should hand-file your Motion to Modify Child Support with the Rhode Island Family Court because the date of your filing is the farthest date that the judge may award you retroactive child support.
* * * What if I can't make my payments as periodically ordered? * * *
If you have to pay child support on a weekly basis but you are unable to do so, it is generally best to file a Motion for Relief. This is different from a Motion to Modify Child Support because a Motion for Relief does not require that you meet the "substantial circumstances" test. The Motion for Relief would simply request a Modification of the terms under which your payments are made.
For instance, if you are ordered to pay your child support on a weekly basis but your income fluctuates substantially such that you may have no income in any given week then it may be better to pay your child support bi-weekly or even monthly (in advance) in order to account for your income fluctuation.
A Motion for Relief can be very helpful, especially when you are looking more for an accommodation of an existing condition and you have a justifiable basis for it.
* * * What should I watch for when calculating Rhode Island Child Support? * * *
Child Support is not nearly as simple as some Rhode Island Divorce and family law attorneys make it out to be. Unfortunately some lawyers choose to oversimplify child support and how it is calculated rather than running through it with their client.
It is also very easy for a layperson to misunderstand the guidelines themselves. Though the Rhode Island Child Support Guidelines and the worksheet provided by the court are intended to inform lawyers and pro se individuals about the use of the form and the manner in which the calculations are to be made, there is a significant amount of practical application that is not explained in the guidelines. The guidelines also won't help you to understand each family court judge's philosophy.
Always make sure you check the "Mandatory" deductions that are set forth on the Rhode Island Child Support Guidelines worksheet and include them on the worksheet.
Per the Rhode Island Child Support Guidelines you are entitled to these deductions off your gross income and it could make a significant difference in your child support obligation. Double check your attorney's calculations if you like but make certain that you receive those deductions if you are entitled to them.
About the Author
Authored By: Attorney Christopher Pearsall Pearsall Law Associates 571 Pontiac Avenue, Cranston, RI 02910 Website: http://www.ChristopherPearsall.com Phone: (401) 354-2369

Food Hygiene, you and the Law by Tony Palmer

The Law
From the 1st January 2006, new EU legislation came into effect regarding food hygiene regulations. This affects all food business operators who are now required to put into place, implement and maintain procedures based on the seven principles of HACCP.
What is HACCP?
Hazard Analysis Critical Control Point (HACCP) is a food safety management system designed to assist food business operators in maintaining hygiene standards, therefore proving that they are complying with the above legislation.
There are seven basic principles of HACCP outlined below that you need to do:
1. Analyse Hazards - identify all potential hazards (microbiological, physical and chemical).
2. Identify Critical Control Points - identify the point at which a hazard could occur therefore harming the consumer.
3. Establish Critical Limits - set the parameters of the control points so that out of control activity can be identified.
4. Establish/Implement a Monitoring System to monitor the critical control points.
5. Establish Corrective Action - establish corrective action to be taken when the parameters of critical control points have been breached.
6. Establish Procedures to Verify that points 1-5 are working effectively.
7. Establish Reporting Procedures to provide evidence that the HACCP system is working effectively - these reports should be made available on request.
How Can a Temperature Monitoring System Help You With HACCP?
Enforcement
Current legislation places the responsibility on the food operator to make sure that their food is safe. HACCP has been designed to assist them in doing this.
Failure to Comply with Legislation Carries Serious Penalties
In most cases the local authority is responsible for enforcing food hygiene laws and will take action against you in order to protect the public if necessary. It is often the case that enforcement officers will inspect premises without prior notice and can ask you to produce relevant reports and documentation in order to prove due diligence.
Preliminary Enforcement actions may include:
· Taking food samples
· Record inspection
· Written letters requesting that problems are corrected
In more serious cases, enforcement actions can involve one or more of the following:
· Serving of legal notices
· Serving of hygiene improvement notices
· Prohibition notices
· Closure of premises
· Prosecution, fines and even imprisonment
To prevent any of the above, you should invest in a wireless temperature monitoring system that monitors your critical control points, alerts you when your set limits exceed their set parameters, and produces the reports you need to satisfy your local enforcing authority.
Legal Requirements
Schedule 4 of the Food Hygiene Regulations regarding Temperature Control Requirements states that foods that are likely to support the growth of pathogenic micro-organisms or encourage the formation of toxins are to be held at or below 5°C or at or above 63°C (this being the danger zone).
Responsibilities of a Food Business Operator
The following specification relating to temperature monitoring has been taken from Article 4 of Regulation (EC) No.852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs.
"Food business operators shall, as appropriate, adopt the following specific hygiene measures: 3.(c) compliance with temperature control requirements for foodstuffs;"
Use a Temperature Monitoring System as Your First Form of Defence
The aspects of the law relating to temperature monitoring/control have been outlined above, however, the responsibility of proof rests with you as the food business operator. EHO's can enter premises without notice, (at a time of day which is considered to be reasonable), and request to see audit trails and all due diligence data. It is becoming more apparent that pen and paper is just not good enough! Get an automated wireless temperature monitoring system for protection, accuracy and proof that your foods are being 'temperature- monitored' appropriately.
It is also necessary to highlight that there are certain foods that are exempt from temperature control and can be kept at ambient temperature if they have been treated in a certain way and their packaging remains intact .e.g. foods kept in jars, canned foods or air-dried foods. Any specific instructions on packaging should also be taken into account.
Temperature control requirements should be understood and interpreted within the general context of HACCP.
HACCP covers various aspects of food safety and hygiene of which temperature monitoring is a part. Hazards are identified and controls put into place to minimise, even eliminate the risk to the consumer.
Therefore being able to prove due diligence and have your stock and reputation protected is highly important. In addition you can run your business with the peace of mind that you are operating within the guidelines of HACCP and food safety legislation.
About the Author
About the Author: Tony Palmer's engineering and commercial experience has been with multi-national corporations acting as advisor for new and innovative business opportunities relating to telemetry and communications. RAG was founded using his considerable knowledge, and has excelled with custom designed systems, including temperature monitoring solutions.

What Florida Lawyers Are The Attorneys You Want To Hire by Markus Skupeika

LAWYERS AND LIFE
People do go often down the memory lane about their life. After couple of hours thinking it gets to the realization that life is eventful, indeed it is.
When people like you meet the life span. You find good aspect of it and the bad one as well. The good aspect consists of joy, happy feelings, and excellent works that you have ever performed and last but not the least bubble- memories. Those things reflect through the gateway of smiles and blushes.
On the contrary, life gets dumb and stops for a while when it comes to meet accidents, pains and grief ness or sorrow.
It will be harsh to talk on accidents in life. When the stipulated accidents like car accidents, motorcycle accidents, boat accidents, truck accidents or things like that spread out its wings over the life, you become blank from your mind and stay as disheartened as if you think the atmosphere and the environment around you has been stopped. People like us measure pain the significance right on that.
WHAT WE DO?
We are the people who put the value of loss and pain for the people who has been hurt or injured during the accidents, as we all know it does not come with the ring at your doorbell. Thus we do stretch out our hand by giving you the proper and adequate suggestions and methods of implementation by which you can come out of this stagnant situation. Being a part of the civilized world "what you do?"
After leaving the bed in the morning and complying with the essential work and then you rush to your office and work destination. On your way to that place you meet the either car's disorder due to break down of the system or ran over of the car on you due to reckless driving by an irresponsible individual. We Florida Lawyers are right behind you at that point of time not only through visibility but also stretched out hand of ours on the Internet browser.
As a victim of the accident you are caught in the dilemma whether to call a lawyer or not. You must to go for the first option. If you are not interested enough to recall a lawyer you surely lose your rights compensation is the more desirable thing from the conductor of the car accident. You cannot demand your compensation through verbal steps. Some legal ways that need to be followed and there lies the significance of the lawyer. In regard to defend your rights you should switch to the lawyer. The Florida Accident Attorney will be able to send a legal notice to the accused party and can draw him to the court. There are some several queries that he will ask to the concerned party and slowly he will lead to that point that mentioned accused person has committed a crime and he will be penalized by the court. The court will go ahead and asked the person to compensate. The entire compensation will come at your way. During this period you will become an idle (if you were working some where). The lawyer will make sure that the proper arrangements have been made to pay you off. The methodology will be set in such a way to reimburse the victim of the accident. You need to know a certain thing that you will not be able to get the reimbursement after winning the case.
For those people Lawyer Car Accident Florida advices you don't need to spare a single penny. All this advices and consultations (wherever is applicable) will be done at free of cost.
As you send the request to us to work on a knot has been tied between us automatically. Your privacy will be taken care of by our expert official.
About the Author
Discover what Florida Accident Lawyers recommend with out a consultation online. Free Advice at NetworkLawyers.net News Spot. Ask about the No Reimbursement Package from Firm Florida Lawyers.

Rosen Sponsors 2007 Transitioning through Divorce Seminar Series by Alison Kramer

Rosen Law Firm FOR IMMEDIATE RELEASE March 29, 2007 MEDIA ALERT Contact: Alison Kramer, 919-459-8157, akramer@rosen.com Rosen Sponsors 2007 Transitioning through Divorce Seminar Series
WHAT: Rosen Law Firm is sponsoring the 2007 Transitioning through Divorce Seminar Series beginning this April and will offer one seminar each month for the remainder of 2007. Each quarter the seminar series will be taught by one of Rosen's Life Transition Coaches with this quarter's seminars being led by Donna Moore, LCSW. All classes are free and open to the public. The Transitioning through Divorce Seminar Series is designed for people experiencing divorce to help them move beyond what is often a difficult and challenging life transition. Participants will be encouraged to think concretely about the best possible outcome and explore opportunities for personal growth. Seminar topics focus on emotions concerning grief and loss specific to divorce, tips for communicating with your ex, and how to assist your children through the transition. WHERE:
The Summit Building 2nd floor, Castleton Group Meeting Room 4101 Lake Boone Trail Raleigh, NC 27607 WHEN: 1. Stages of Relationship Loss April 11- 6pm-7:30pm 2. Communicating with Your Ex May 16- 6pm-7:30pm 3. Helping Your Children through the Transition: Parenting During Divorce June 13- 6pm-7:30pm
CONTACT: Alison Kramer 919-459-8157 akramer@rosen.com
GENERAL INFORMATION: Description of Seminars- SEMINAR # 1-Stages of Relationship Loss: Participants will gain strategies for getting through the stages of relationship loss, not just as a survivor, but as a stronger person. You will learn to use these stages for your own personal growth instead of feeling overwhelmed by them. This seminar will include both presentation and group discussion.
SEMINAR # 2-Tips for Communicating with Your Ex: You might wonder 'why communicate with him/her at all'? Your mutual children are one good reason. Or, you may just want to ensure that settlement negotiations are amicable and you are able to remain friends. Whether your current relationship is full of conflict or good intentions, this is the seminar for you if you are wondering how to better communicate with your ex. SEMINAR # 3-Helping Your Children through the Transition: Parenting During Divorce. Topics to be discussed include telling children about the decision to divorce, transitioning into two households, developing a positive shared-parenting relationship, and helping your child to cope. *** Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, NC 27607 www.rosen.com Divorce is Different Here
About the Author
Rosen Law Firm has offices in Raleigh, Charlotte, and Chapel Hill. Founded in 1990, the firm is dedicated to providing individual growth and support to couples seeking divorce by helping them move forward with their lives. Our staffs of attorneys and other legal professionals expertly address the complex issues of ending a marriage. Our innovative approach acknowledges that divorce is so much more than just a legal matter. http://www.rosen.com

Guantanamo Bay detainee David Hicks' lawyer risks career by Lawblogs

Guantanamo Bay lawyers say they find their tactics and motives being questioned as they perform their legal duties and provide a vigorous defense in the first U.S. military war crimes trials since World War II.
Army Maj. Tom Fleener, who has represented a Guantanamo detainee before the military commissions, said the attorneys believe any legal victories could come at a steep cost.
"We all took these jobs recognizing that we're not likely going to be promoted and given good assignments by the military," Fleener said. "What we never expected was to face either criminal sanctions or ethical sanctions for doing our jobs."
The threat of such sanctions emerged in a recent e-mail that the chief military prosecutor, Air Force Col. Morris Davis, sent to the judge in charge of the military commissions.
Davis alleged that Marine Corps Maj. Michael Mori, who represents Australian detainee David Hicks, may have violated the Uniform Code of Military Justice by using what Davis deemed "contemptuous words" against President Bush and other U.S. officials.
About the Author
http://lawblogs.com.au

Online Legal Forms - Good or Bad? by Greg Artim

I get a lot of calls to my office about legal documents. Most times the calls are about Last Will and Testaments, Living Wills, Powers of Attorney, Buy-Sell Agreements and such. The prospective client always asks the costs for drafting such a document and then after I respond the inevitable question arises. Why can't I just go online and use one of those documents? So and So website sells a Last Will and Testament for $19.95. My response? Go ahead, be my guest, just don't complain when you find that the document has errors or is invalid in your state.
I have found that many of the legal documents online are general, vague representations of what a truly finished legal document should be. What you need to understand is that each state has different laws and different requirements for a document to be legally binding. In Pennsylvania, for example, a Will typically requires two witnesses to be valid (there are exceptions to this rule, but that is for another article). In Florida, under certain circumstances, three witnesses are required for a Will to be valid. You might not know that if you didn't consult with a Florida Attorney regarding those requirements. The problem that I have found with various online documents is that they try to apply to all states at once, in a general fashion, and fail to consider the individual requirements of each specific state.
This is not to say that all online legal documents are invalid. To the contrary, some of them are very well written and serve to protect your interests fully. The question is, how do you know if the document is well written and valid? The answer: You don't. You are not an Attorney and you haven't gone to law school, that was the reason that you called the law office to begin with. You also likely had the same doubts that I am expressing about online legal documents or you never would have called an attorney in the first place.
Think about your underlying need for a legal document. Perhaps you were considering having a Last Will and Testament drafted. Why do you want one? Likely, it is to ensure that your estate is settled properly and that your assets are distributed to the heirs of your choosing. That's a pretty important reason. Should you trust something that you found online at a discount and hope that it is valid? I'll let your common sense answer that question and hold back my own answer for another time.
Perhaps you are considering adding a new salesman to your sales force. Your company has sensitive and valuable information and clientele, so you ask the prospective employee to sign a Covenant Not to Compete. You can find a form for that online with a few clicks of the mouse. The question is whether you want to trust such an important undertaking to what you find at a random online website. If you do, be my guest. If you want to ensure that the document is drafted to meet the requirements of your state and will wholly protect your interests, contact your local attorney. If you are concerned with his/her prices, simply get out the phone book and call another one.
About the Author
Greg Artim is an Attorney located in Pittsburgh Pennsylvania. For answers to more of your legal questions, please visit his website at www.gregartim.com

Asbestos Claims - History, Symptoms and Compensation by Andrew Bowen

Asbestos was once regarded as a wonder substance due to its heat resistant properties. It was, therefore, a widely used material, particularly from the 1930's - 1980's and exposure still continues wherever it is disturbed / removed.
The cost of asbestos claims in the UK could reach £20 billion in the next 30 years.
Claims can be made by Claimants, even though the exposure was 30 or more years ago, and the past employer(s) has gone out of business.
Claims can also be made for deceased Claimants on behalf of their loved ones/estate.
Successful 'secondary' claims for Asbestos exposure have been made by spouses, children and grandchildren, after they were exposed to harmful fibres on work clothes worn home.
The compensation obtained can, in many cases, amount to well in excess of £100,000, depending upon the severity of the particular disease.
Asbestos has no respect for socio-economic group or occupation. There are over 1,000 new cases of Mesothelioma reported every year in the UK. It is generally accepted asbestos is the cause.
The types of occupation where exposure can be found/occur include the following:-
* Asbestos Cement Products Industry (used for strong, inexpensive building materials, eg tiles, corrugated roofing, gutters, water and drain pipes, chimneys etc. * Floor tiling industry * Insulation and Fire Proofing * Carpenters * Electricians * Power Plant Works * Plumbers * Roofers * Central Heating and/or air conditioning contractors * School and Hospital workers * Ship workers
Symptoms can include breathlessness and persistent coughing which may cause sleepless nights leading to fatigue. Some sufferers report chest pain and feeling as though a heavy weight is pressing down on their chest, depending upon the particular condition.
There are a number of state benefits available to victims and their carers. A specialist Solicitor can not only pursue asbestos compensation claims for sufferers on a true No Win No Fee basis, but also provide advice and assistance with applications in order to maximise benefit entitlement.
About the Author
Andrew Bowen is the Managing Director of http://www.NationalInjuryClaims.com - a company helping people claim personal injury compensation.

Hello healthy living, goodbye personal injury compensation claims by Katy Lassetter

First of all, fast-food and other processed junk became popular, weight problems in the UK and the US sky-rocketed and health concerns became prolific throughout the western world.
Then, some intriguing personal injury compensation claims came about, such as the boy that pursued a compensation claim against a renowned fast-food chain in the US as he thought them responsible for his extensive weight gain.
Now, healthy eating is very much the in-thing. We are bombarded with super foods and GI indexes courtesy of eat-well TV programmes such as You Are What You Eat. With the help of Jamie Oliver there is even hope for our kids to gain healthier options in the school canteen. But is this just another phase or will it actually improve people's lifestyles and reduce the amount of personal injury claims made for weight related illnesses?
Modern day health risks You are considered to be overweight if you weigh at least 10% more than your ideal bodyweight and you are considered obese if you are 30 pounds or more over your ideal bodyweight. You can calculate your body mass index (BMI) by squaring your height (in metres) then dividing your weight (in kg) by this figure:
BMI 20-25 = healthy weight BMI 25-30 = overweight BMI 30+ = obese
For many, the modern diet which still consists of processed ready meals containing large quantities of saturated fats is the root of the problem. Extensive amounts of fat can clog the arteries, leading to heart attacks as a result of hypertension (high blood pressure) and high cholesterol. Also, the average body has difficulties digesting over-processed foods, leading to an increase in Irritable Bowel Syndrome (IBS) as well as intolerances to gluten, dairy and yeast products among UK residents.
Children are at particular risk of suffering serious illness and personal injury caused by excess weight, such as kidney failure, blindness, amputations and asthma. Reports show that new cases of asthma are 1½ to 2 times as likely among children that are overweight.
In the US 15% of all children are overweight and suffer the consequences. This number is increasing at such a rate that it will soon account for one third of all children and if these overweight children go on to become overweight adults it is estimated that almost 50 million Americans could have diabetes by 2050.
UK figures show that from 1996 to 2006, obesity has doubled among six-year-olds and trebled among 15-year-olds and type two diabetes is being seen for the first time among children.
According to the British Heart Foundation, almost half of Britain's 117,000 annual deaths from coronary heart disease are related to high cholesterol.
Evo Diet Nutritionists have convinced the government that five-a-day (portions of fruit and veg that is) is the way to go for a while now. Lynne Garton and King's College Hospital have devised a hunter-gatherer style menu that they believe could drastically decrease cholesterol levels and blood pressure.
The latest thinking has been to turn the clock back and start eating like our distant ancestors. No, we are not going to start tucking into seagulls like King Henry VIII and his Tudor counterparts, health experts are suggesting that we start looking pre-evolution and begin to eat like apes.
Nine volunteers, aged 36 to 49, were enlisted to take part in the new diet for a total of 12 days while living in a tented enclosure next to the ape house at Paignton Zoo, Devon. The Evo Diet consisted of a three day rotating menu including:
5kgs or 2,300 calories of fruit, vegetables, nuts and honey On a three day rota: Broccoli, carrots, radishes Cabbage, tomatoes, watercress Strawberries, apricots, bananas, mangoes, melons, figs, plums Satsumas, hazelnuts
This menu was not only guaranteed safe to eat raw but also as meeting adult daily nutritional requirements and as providing halfway between the recommended calorie amount for women and men.
Will Evo solve the problem? Reports from April 2006 show that sales of unhealthy foods, particularly ready meals, fell by up to 40% since supermarkets started revealing fat, salt and sugar content on their labels. Although, as a nation, we are making an effort to become more health conscious, healthy eating is still out of the question for some.
Many feel that they do not have time to bother with home-cooked food and instead opt for convenience meals that can be plucked straight from the freezer and popped into the microwave. In reality, it would take less time and be far more beneficial to whip up a quick stir fry.
Others simply cannot afford organic produce and things that are deemed especially good for us, such as raw nuts, blueberries and oily fish like salmon.
It was not stated how much the Evo healthy-eating regime would cost on a long-term basis. There was also no indication as to how people under the stress and strain of everyday life would respond to the diet.
What about personal injury compensation claims? Some say that we are living in a compensation claim culture but the fact is that when it comes to healthy living everyone is responsible for themselves. You can claim that you were tempted to eat crisps and chocolate by alluring TV ads but it could be argued that you would have been far better off getting some exercise in the fresh air rather than watching TV in the first place.
Essentially, if you gain weight or sustain illness as a result of eating unhealthily then, as you made the choice to eat it in the first place, you can't really point the finger and it is highly unlikely that you will be able to enlist the help of a personal injury solicitor in order to make a personal injury compensation claim.
This article may be published on another website free of charge, on the condition that a link is provided from this article to our website: http://www.the-claim-solicitors.co.uk/personal-injury/claims-standards-council-for-personal-injuries.htm

About the Author
Online personal injury compensation claim specialists, with a 97% claim success rate. Call 0800 197 32 32 or visit http://www.the-claim-solicitors.co.uk for more details.

Greenville Attorney Warns Of Estate Planning Complications by Pete Fields

Greenville Lawyer Wants Senior Citizens and Their Loved Ones To Get Their Estate Affairs In Order
Elder Law is a fairly new specialized area of law dealing with the problems and issues faced by the most quickly growing portion of the country's population, seniors. Elder law incorporates the elements of Estate Planning, Medicare/Medicaid Planning, Conservatorship, Wills and Trusts and Health Care Planning.
Mr.Pete Fields, a Greenville Attorney, from Greenville, SC, works to caution seniors and their children of problems that will come up if estate planning issues do not get settled fast, If you wait too long, it could be too late to get your affairs handled the way you want them taken care of!
Here's just a short listing of the things thisGreenville Estate Planning Attorney can help you in accomplishing:
Make Plans for The Care You Will Require Prior to that Time Occurring
Cut down and Even Eliminate Assisted Living Facility Bills
Increase The Amount of Income You Keep, Safeguard Your Life Savings
Make Proper Investments
Save on Estate Taxes, Income Taxes and Death Taxes
Pass on An Inheritance To Your Children and Grandchildren
Reasons You Need To Deal With Estate Planning As Quickly As Possible!
No one wants to dwell on the thought of their death. However, if you ignore planning for your passing until it is too late, you'll run the risk that intended inheritors -- people that you adore and love -- might not inherit the things you'd want them to receive whether due to taxes or quarreling among your heirs. These are reasons why estate planning is so significant, regardless of how small or large your estate may be! It allows you, while you're still living, to ensure that your property and assets will go to those that you want, the way you want, and in the time you desire. It provides a way for you to save as much on taxes as possible, attorneys' fees and court costs; and it provides the comfort that your children and family can mourn over your loss and not be burdened simultaneously with needless financial confusion and red tape. Each estate plan should have, at least, two necessary estate planning instruments: a power of attorney and a will. The first is for managing and controlling your assets and property while you are alive, in case you aren't able to do so alone. The second is for the apportionment and management of your property and assets after death. In addition, more and more often, Americans are using revocable trusts in order to escape probate and to manage their estates both once they've died and while they are living. How will you know if you require estate planning help?
-Have no legal documents
-Have documents which are old and your children are grown up
-Your documents no longer show your wishes
About the author:
Pete Fields is a Greenville estate planning attorney in Greenville, South Carolina. He also has an office in Clemson,SC that includes a Clemson estate planning lawyer. This information is for general informational purposes only and does not constitute legal advice. For specific questions or concerns, you should speak to an experienced elder law attorney. 2007 The Fields Law Firm
About the Author
Pete Fields is a Greenville estate planning lawyer in Greenville, South Carolina. Find more information on Clemson attorneys and estate planning.

A Guide to Negligence Law by Nick Jervis

A Guide to Negligence Law In English law the law of tort allows you to claim compensation for whiplash if you are involved in a car or motorcycle accident. But what does this law say, and how did it come into existence?
The law of negligence means that in certain situations one person owes a duty of care to another person to not cause them any harm or injury. If that person subsequently does something, or fails to do something, and that action or inaction causes injury to the other person, they are entitled to claim compnensation for the damage (the injury or the losses and expenses in a whiplash claim).
To understand the law of negligence in relation to a whiplash claim it is easiest to use a case study. If Mrs A is stationary in a queue of traffic leading onto a roundabout, she is in a car and she owes a duty of care to all other road users. Likewise, any vehicles behind Mrs A owe a duty of care not to cause harm to her. If Mr B drives up behind Mrs A and fails to stop in time, crashing into the rear of her car, he has breached this duty of care. If this breach has led to damage or injury to Mrs A, she can claim compensation for these losses from Mr B (or in reality his insurance company).
The Losses or Injury Must Be Caused By The Breach of Duty of Care
In the above example, if Mrs A subsequently experienced neck and back pain, the next step in esablishing that she could make a claim for compensation would be to prove that the injuries she sustained were caused by Mr B driving into the back of her car. In theory this is very straightforward, as if she was not injured before and was afterwards, her injuries seem to have been caused by the accident. However, medical evidence is needed to prove that the breach of duty of care did lead to the whiplash injuries to Mrs A. If on obtaining the medical notes for Mrs A it is discovered that she already had bad neck and back pain, a medical expert will have to say whether the pain now has been made worse by the car accident. Unless his evidence confirms this to be the case, Mrs A will have failed to establish that Mr B's breach of duty or care has caused her injuries, and will not be able to claim compensation.
Summary
To prove negligence to be able to make a claim for compensation for whiplash, a person must prove that another person owed them a duty of care, that they breached this duty of care, AND that this breach of the duty of care caused the first person to suffer injuries or losses. Only then will they be entitled to claim compensation.
If you have been involved in a car or motorcycle accident that has led to a whiplash claim, you might be accused of contributing to the cause of the accident: the correct legal term for this being "contributory negligence". Here we look at the possible causes of contributory negligence and whether it prevents you from making a whiplash claim or other claim for compensation.
What is contributory negligence?
To be able to make a claim for compensation for whiplash you first need to prove that someone else was totally or largely to blame for that accident. The law of tort says that you must prove:
That someone owed you a duty of care (to drive carefully and not to cause damage to you or your vehicle)
That someone has breached that duty of care (ie they drove into you)
And that driving into you has caused damage, injury or loss (causation)
If they can prove all of these points they can make a claim for compensation. However, that claim for compensation can still be reduced in amount if the other driver can prove that you were partially responsible for the accident. If they can prove that you were 50% responsible for the accident, then your total claim for compensation would be reduced by 50%, meaning that if the total claim was initially for £10,000, it would be reduced to £5,000. Therefore, contributory negligence can have a serious impact on the total amount of your whiplash claim.
Types of Contributory Negligence
There can be a large number of causes of contributory negligence. For example, somebody driving into the back of you when you are stationary normally leads to a straightforward claim for compensation for your whiplash injury. However, if the other driver can prove that you were braking and your brake lights were not working, he may be able to reduce or completely remove his liability for compensation to you. Each case is looked at on the evidence and your solicitor will advise you on this in detail. It is your solicitor's duty to obtain evidence to support your claim and also to rebut any claim against you for contributory negligence by the other driver's solicitor.
Failing to wear a seat belt
There is one area where you will always be guilty of contributory negligence:- failing to wear a seatbelt. If you make a whiplash claim and the other driver can prove that you were not wearing a seatbelt when the accident took place, your total claim for compensation will normally be reduced by 25%. Therefore, not only should you wear a seatbelt to comply with the law and to protect yourself in the event of an accident, but it also saves you losing one quarter of your compensation if you subsequently make a claim for compensation.
Another example of contributory negligence is failing to wear a helmet on a bicycle, or failing to use a guard on machinery at work when you have been trained to do so.
For further guidance please go to our site and read more about medical negligence

About the Author
Nick Jervis is a solicitor (non practising) who worked in private practice for 14 years specialising in personal injury claims. On leaving legal practice Nick established 1stclaims as a means of putting innocent accident victims in touch with expert personal injury solicitors that Nick has worked with over the last 17 years. For further guidance, please go to the site on www.1stclaims.co.uk