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.