Business Lawsuits and Fault Finding
Lawsuits seem to be as common as the cold these days. Nowhere is that more evident than when it comes to people suing businesses for a perceived wrong.
If anyone has taken the time to read some of the warnings printed on products or in user’s manuals, the inevitable conclusion is that someone must have actually “done” some of the harebrained things listed as being a hazard (and sued over it) or it wouldn’t be mentioned. This should give one pause when thinking about the law and how it is supposed to protect us from grave injustices and remedy personal injury wrongs, etc.
Sadly, a great many businesses these days are under a virtually constant threat of being sued for something; incidents that could range from scalding coffee being spilled, to a person slipping, tripping and falling outside a business. Some of these lawsuits may very well be frivolous, some may not. Really, most businesses these days need to know what to do about customers or clients blaming them for client errors or things beyond anyone’s control.
Nowhere is this risk more evident than when it comes to products liability cases. In this area of the law, manufacturers are in the position where they must tell an end user how to use their product, and how “not” to use it. They are also required to warn people what may happen if they misuse an item.
Gone are the days when a product maker could assume a consumer would use the product for its intended purpose. Nowadays, the things people think of to do with some products are utterly unbelievable and may cause serious personal injuries or death.
Manufacturers are now in the awkward position of trying to “guess” what a consumer “may” do with their item that could harm them. Quite a stretch of the imagination in many cases, but that is how far the law in this area has gone. For example, who would have thought that a consumer would use a portable chain saw propped up at the top end of a metal pole to try and trim tree branches or use a hair dryer while asleep?
Simply put, the law in the 21st century mandates that a business protect itself from some really ridiculous happenstances. After assuming the worst case scenario, a business must then guess what might happen and then issue a warning. In instances like this, it’s obvious that manufacturers are going to have to also assume their consumers are none too bright. However, having said that, there is a large gap between what products liability law says and how it gets applied.
Thankfully the law doesn’t say that a business has to guard against personal injuries or a death as the result of a consumer’s bad or poor judgment. However, when a case gets to court, it may be a different story and the consumer will triumph. For this and many other reasons, it only makes good common sense to discuss any personal injury case or products liability case with a skilled personal injury attorney.
It’s best to make sense of a bad situation in the eyes of how the law is applied prior to assuming something that might not be the case in actual practice when all is said and done. Put another way, have a well seasoned business attorney create systems, procedures and company policies to deal with those “frivolous” cases that defy explanation to even a reasonable person.
To learn more, visit Lawbarron.com.
Recession Proof Business Income
Cash during a recession is a rare and appreciated thing.
It’s when economic setbacks hit that one really finds out how well run a business happens to be. It’s essential for them to be paid on time and get the money right to the bank. Now is not the time to cut corners on things like sound advice from a Sacramento business lawyer. It doesn’t cost that much to draft a set of tightly knit terms and conditions to make sure the company is running well and in the black.
There are definitely several matters that need to be included in such a legal document. One of those is to make sure the terms and conditions laid out are the terms of the actual “business” for performing and delivering on its contract, not the terms of clients or customers.
=Definitely lay out very precisely when payment is expected for services or products. Chances are the terms the company was initially following were a tad too generous. For example, many invoices state payment is due 30 days after the date the invoice was sent.
Doing the math will reveal that those terms may delay payment by up to two months. This is a serious impediment to cash flow, so reducing the payment period to 14 days makes a great deal of sense, and this is something a Sacramento business lawyer will explain. Since cash is what drives a business and keeps it afloat, tightening up the terms and conditions of payment is a smart business move.
While some companies feel that charging interest on unpaid bills is “not the thing to do to upset a customer,” there is a legal right to charge for that interest. When doing this, include all the pertinent details, such as the amount of charges and how they are applied, etc. Interest rates should also be laid out very clearly in any terms and conditions.
Never rely on a verbal contract because despite what people may think, it could end up being a binding contract. The terms of agreements made under those conditions are enforceable under some circumstances. Instead, have any contract entered written by a Sacramento business lawyer.
The terms and conditions have been spelled out clearly, or have they? This is something that needs to be checked. If the terms and conditions are not as clear as one would think, there may be ways to circumvent them. What any business should hope to accomplish with their terms and conditions is to have them so clear that there is no way they would land in court in the first place. This can be accomplished by an experienced Sacramento business lawyer.
Never assume that because any terms and conditions that have been written for the business are clear to customers or clients. This may not be the case. The firm has to take steps to ensure anyone that does business with it are totally aware of the terms and conditions under which the firm operates. This will go a long way toward avoiding any potential disagreements. With firm terms and conditions in place and by adhering to them, economic recovery is just that much easier in the long-term.
To learn more, visit Lawbarron.com.
Personal Injury at the Worksite
Everywhere you turn these days there is construction of some type under way. Accidents on the jobsite happen regularly and to deal with the damages, you need an excellent Sacramento personal injury lawyer.
One of the leading occupations in the U.S. today is working in the construction industry. Whether it’s on a road crew or a building crew, the workplace is fraught with the possibilities of having an accident. While most work sites do strive for a good safety record, things happen. Those things could include a fall from unsafe scaffolding, electrocution from an improperly wired cord, or a crush injury as the result of a load slipping from the sling of a crane.
It’s a fact that being in the construction industry is a nod to putting your life on the line to get the job done. No one wants to be hurt or injured while on the work site and most workers do use caution to avoid the most obvious of possible accidents. It’s the things that happen unexpectedly that may cause devastating personal injury or death.
Not all work site accidents are life threatening or serious. They may just relate to repetitive strain injury or pulled muscles from lifting the wrong way. Nevertheless, hazards continually stalk every construction site.
The most common accident on a construction site is falling. While the height might not be that great in terms of distance to fall, even a short distance may result in severe injuries or death, e.g. traumatic brain injury due to the head hitting a solid object. Falling objects are another very common happenstance at a work site. This could include everything from bricks to iron girders. Most often this injury comes as a surprise to the worker who suddenly gets hit from above.
Equipment failure or failure to operate it in the right manner is another area fraught with accidents waiting to happen. The older the equipment and the faster the worker tries to work, the higher the chances of an accident. As well, working on a construction site involves manual labor, often tough physical demands on a daily basis, which may result in lifting strains and overall wear and tear on a body.
Factor in chemical spills that may include lubricants, toxic cleansers, or other deadly substances that may cause either immediate problems (respiratory) or long-term difficulties, such as lung cancer. Along with spills, of course, come the real hazard of fires and explosions. What happens post-accident and how should those injured get compensation?
Post accident problems may include expensive medical bills, missed work and thus lost wages, inability to perform again at a pre-accident level, the loss of personal days and sick days to handle the injury, and the very real possibility that others on the construction site won’t want the “accident” reported, etc.
As you can see, it’s a real can of worms. This is why it is very important, critical in fact, to get a skilled Sacramento personal injury lawyer. They can run interference for you when it comes to dealing with insurance companies who don’t want to pay out on a personal injury claim. They will also explain your rights to you and what you may expect if your case proceeds to court.
Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.
Whiplash, the Unseen Injury
People think whiplash isn’t that serious because they can’t see it.
While many think that whiplash is a silent wound and not that serious because it’s not visible, it is one of the more common injuries sustained in car crashes. Whiplash damage turns the most mundane of tasks into a painful activity and affects daily living. This is why a great majority of whiplash victims tend to file personal injury claims with a Sacramento personal injury lawyer.
What usually happens when two vehicles collide is that the impact causes you to be propelled forward rapidly (acceleration) then slapped backwards suddenly (deceleration). This whipping movement strains back muscles, shoulders and the neck, violently pulling these muscles out of shape.
Whiplash symptoms don’t always show up immediately. It may take a couple of days for the victim to realize what has happened. This kind of damage also takes a long time to heal, depending on the violence of the impact. When it comes to whiplash injuries, no two people are alike and they may act and react differently to the injury, based on their pain threshold and the flexibility of their neck muscles.
Hit from behind? If that is the case, then the person who collided with you is always liable for the crash. If you suffered whiplash because of this accident, then in most cases, you have the option to file a whiplash injury claim. If you’re not certain what to do, speak to a highly skilled Sacramento personal injury lawyer.
While there are places that represent themselves as being a whiplash claims company, you are best advised to speak to a qualified Sacramento personal injury lawyer who knows the law. When it comes to the possibility of negotiating a settlement with the insurance company or even proceeding to court, having a competent Sacramento personal injury lawyer representing you will go a long way toward a fair and just settlement.
Whiplash claims companies are only in the business of collecting information to pass along to an attorney. Why waste time and money with these claims companies when the first consultation with a knowledgeable lawyer is free?
Some of the things that your Sacramento personal injury lawyer would discuss with you are the details of the case, find out how much time you lost from work, get your medical records and get a detailed list from you about any other expenses you had to pay out of your own pocket, e.g. massage therapy or paying for a neck brace.
While it’s true that getting compensation won’t take the pain away from a whiplash injury, it will help pay for lost wages, doctor’s bills and other expenses. This is one of the main reasons you need to consult with a Sacramento personal injury lawyer to know what your rights are in relation to a whiplash claim.
Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.
Defective Product Injury Law
Most products we buy on the market usually work as advertised. Occasionally, this isn’t the case and something goes wrong.
Can consumers do anything about a product that doesn’t live up to its advertising? In a word, yes. If it doesn’t do what it is supposed to do, the person who shelled out bucks for it may choose to hold the maker of that product responsible for either a total refund, repairs, or damages for personal injuries.
If the product caused an injury, the person who sustained that harm may be able to hold the product’s maker liable. If the product in question is unsafe or even defective, customers might be able to prove the company who made the item(s) should have been alert and aware of the danger. In knowing that danger, they should then have made certain to prevent those injuries from happening.
In circumstances like this, an injured shopper may wish to talk to a highly skilled Sacramento personal injury attorney to file a product liability suit to get compensation for pain and suffering, lost wages, and medical bills. The tricky part about these kinds of cases is that the prosecution has to prove it was the product that caused an injury and it did not happen as a result of the purchaser improperly using the item or a mistake made by the buyer.
People who were in the line of fire as the result of defective products should get medical attention right away and document the injuries they received in great detail. Photos are priceless and need to be taken at the scene of the accident and of the product. Make notes of the incident as well and try to ensure the offending product is kept intact.
By all means, speak to an expert Sacramento personal injury lawyer with extensive experience in this area of the law. While outlining a potential case for the attorney, give them the product that caused the injuries, provide the documentation, offer all the written material included with the product (instruction manuals, warranties, warnings, etc.) and get possession of all medical records relating to the injury, along with any bills for medical expenses.
Other things that consumers need to know when dealing with defective products are that product liability cases usually revolve around the fact that the product was defective and was the direct cause of an injury; that manufacturers really need to clearly label products with warnings about hazardous use; and that defective products need to be yanked off the shelves immediately. If this does not happen, the failure to do so may result in serious legal consequences for the manufacturer.
To learn more, visit Lawbarron.com.
California Strict Product Liability
In a nutshell, strict product liability means liability of all the people involved in the manufacturing process from start to finish to distribution.
Not a lot of people truly realize that strict product liability is as all encompassing as it is. It actually covers the point of origin of a product right on down the chain to the final distribution point of the article or item. In other words, this will include the maker of an item, the place where it was assembled, and the retail outlet where the product is eventually sold to the public.
Strict product liability actually goes even further than this in that if an item does have a defect that causes harm to a customer or a friend of a customer (who either borrowed the item or got it as a gift) then all of these people are considered to be defendants in a product liability suit.
Most people relate product liability to tangible products, or physical property, but this isn’t always the case. It may include real estate, books, navigational charts, gas and even pets. Interestingly, California law requires all makers of products to label them clearly with a printed warning, particularly if the product contains lead paint or other harmful pieces. Think small parts that kids could swallow.
To successfully prove a strict product liability case, the plaintiff must be able to show the product was indeed defective. In this area of the law, there are three kinds of product defects often launched in liability lawsuits: marketing defects, manufacturing defects and design defects.
A design defect is considered to be one that is built into the product. It (the defect) is in the design itself and is present prior to the manufacturing process. While the article may perform adequately for a consumer, it has the potential to be dangerous because of its flawed design.
On the other hand, manufacturing defects usually take place when the product is made, yet not all of the products made are defective. Marketing defects refer to poorly written instructions or the failure to warn a consumer about potential product dangers.
Product liability is a strict liability offense, and cases like this are not focused on how careful the defendant was or was not. Typically then, a defendant is liable when a product/item is defective – period. Speak to a well qualified personal injury lawyer who will be able to assist in receiving compensation for any injuries suffered.
To learn more, visit Lawbarron.com.
Your Business Legal Structure Is Showing
Setting up your own business? The first thing you will need help with is the kind of legal structure that will best suit your needs.
While it might seem like a straightforward thing to do – setting up a company – there are a lot of options that you may choose from and that becomes confusing without the assistance of a Sacramento business lawyer. This is even more essential if you don’t happen to have a lot of experience running or setting up a business.
The bottom line is that you might be really surprised to discover the various options you do have, each with differing tax consequences that will directly affect how you raise capital. Hang on for the ride and talk things over with a highly qualified Sacramento business lawyer, so you can get on with the business of doing business in a manner that is profitable.
The least complex arrangement for businesses happens to be sole proprietorships, and with an added bonus, they are also the least expensive legal entities to set-up. If you opt for a sole proprietorship, what you have is a company that is unincorporated and only owned by “you.” Being a sole proprietorship means you are not a distinct legal entity, so guess what, you don’t file annual business taxes, as they are incorporated into your annual personal income tax filing.
Another nice benefit of sole proprietorships is that the tax rate on your earnings is usually lower than the income of a corporation. Really though, this particular legal entity is mostly for solo owners and consultants, etc. It is not suited for a business with more than one person or for one trying to source capital from “Angel” investors. There is one thing you should be aware of as it relates to debts incurred during the operation of the business. Sole proprietors face unlimited liability for any debts. This is just one of the reasons you need to consult with a skilled Sacramento business lawyer.
If you’re setting up a business with two or more people, this would be classified as a partnership. A partnership is an unincorporated venture and is also not a distinct legal entity. Any profits or losses in this situation are included in the partner’s personal income taxes and then billed according to the “Articles of Partnership.” In this instance, there is a contract between the partners.
When it comes to divvying up the losses and/or profits, the “Articles” kick in and outline how this is to take place. They also settle on a partnership name, date of partnership formation, the length of the partnership, and how any disputes are to be handled, should they arise. While this may not sound too bad on the surface, there are some drawbacks which need to be thrashed out with your lawyer. For instance, partnerships aren’t very helpful raising investment capital and they face unlimited liability for the all the debts of the total partnership. Put another way, if one partner can’t meet an obligation under the “Articles,” the others are then liable for the obligation.
Something else that not many people are aware of is that if you form a partnership, the actual business entity – the partnership – is limited to the physical lives of the partners who formed the company.
This is a lot of information to absorb as you are trying to set up a business. Make sure you consult with a fully qualified and expert Sacramento business lawyer to find out what your options are and how they will benefit you before making any decisions.
Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.
Business vs. Corporate Law
For some reason many people seem to confuse business and corporate law. They do different things.
Business law is actually referred to as commercial law, and corporate law is usually called company law. While this might not end the confusion as to what each attorney does that practices these forms of law, it may clarify the fact that both forms of legal practice handle business and commercial transactions, and the internal rules of running a company.
Typically, a Sacramento business lawyer handles things like contracts, commercial paper, employment law, sales and agency, and deals with things like corporations and partnerships. On the other hand, corporate law pays close attention to the relationship between businesses and customers and, how things run under the auspices of the firm’s internal rules. Anything legal, litigated or mediated, etc. in either area of these two types of law applies to all transactions in public or private.
Let’s take a closer look at what a Sacramento business lawyer handles. In this particular legal arena, business law lays out how different enterprises are set up. For instance: registration, proper documentation and other requirements, how taxes apply to them, drafting bylaws, articles of organization, company start-ups, buying or selling of other firms, handling employees in the correct legal manner, properly managing the venture and so on.
On the other side of the fence, corporate law has five things that separate it from business law (as these areas both use the same laws and processes). Corporate law deals with investor ownership, transferrable shares, limited liability of shareholders, delegated management, and the separate legal personality of the corporation. In most instances, these “differences” apply to publically owned corporations.
The interesting thing about corporate law is that its origin is from the middle ages. It was employed when medieval guilds were set-up, but not created for profit. Put another way, corporate law in the 21st century defends the rights of the company and the shareholders when legal matters need to be handled or the company goes under.
There are more than just the “five differences” that drive corporate law. For example, this area also deals with the corporate constitution, corporate litigation if necessary, the personality of the corporation, its capacity and powers, and the duties of the director. It will also handle things like acquisitions, insolvency, corporate crimes and mergers.
Just be aware of the “differences” when it comes to choosing a Sacramento business lawyer for your company.
Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.
Whiplash Is a Genuine Personal Injury
Back in the early 1950s whiplash was not recognized as a medical condition. In the 21st century it most definitely is a well-known consequence of car accidents and other mishaps.
It wasn’t until attorneys handling the results of car crashes began to ask questions about the nature of the injuries sustained to the head and neck that the medical profession began to take a closer look at what consequences whiplash really had. On the other side of the fence were the insurance companies whose stated preference was to not compensate for whiplash because it would save millions of dollars. And so it did, until the furor over whiplash injuries became great enough that they had to sit up and take action.
Insurance companies just didn’t “get” that whiplash had the potential to cause disabling pain and because it could not be “seen” then it must not be that bad. Based on that premise the insurance gurus came up with something called Minor Injury Soft Tissue Injury or MIST. The theory behind MIST was that whiplash was merely a psychosocial incident.
In reality of course whiplash is better known as cervical acceleration-deceleration injury and it is incredibly painful. Whiplash doesn’t just affect the neck; it may also damage ligaments, cervical discs, cervical facets and muscles. Recovery is a long and painful process.
Anyone who has suffered whiplash knows the worst manifestation is headaches. At one time insurance companies offered the attitude that headaches were caused by other things. The scientific evidence shows otherwise when dealing with cases of whiplash. The problem in the courtroom, even today, is that there are experts for hire who still claim whiplash victims are suffering because of “other” conditions. It then boils down to a he says/she says proposition that a judge or jury has to sort out in the final analysis.
Thankfully, it appears that recent research demonstrating the obvious connection between whiplash and headaches is beginning to make a dent in the insurance companies dogged insistence that they are not related. Although even the latest research is still being closely questioned in order to find a loophole for the insurance industry to deny claims and save money. Never assume that a person who has sustained a whiplash is “faking” the symptoms. Anyone who has been in an accident that resulted in neck trauma needs to consult with a skilled personal injury attorney to have their case assessed.
Living with constant pain and not being able to work or carry out daily activities, as a result of severe whiplash sustained in a car accident or other mishap, may mean recovering damages in court as a direct result of someone else’s negligence.
To learn more, visit Lawbarron.com.
Construction Work Potentially Deadly
One of the most dangerous industries that reports high personal injury statistics is the construction industry.
Many construction sites have their fair share of minor accidents, as that seems to be the nature of the job. Unfortunately for the workers on site, deadlier accidents also take place like the collapse of scaffolding, electrocution, burns, amputations and crush injuries. The fact of the matter is that the construction industry ranks as number one when it comes to the number of on the job injuries sustained each year.
Across the United States there are approximately 250,000 construction sites at any one given time, with close to 6 million construction workers plying their trade. For every 100,000 construction workers on the job, at least 23 will die in a work-related accident. On many, if not all of the sites, there is scaffolding that poses a real hazard to people’s safety and lives in more than one way.
Not only can the scaffolding collapse, tip or disintegrate, there is the very real danger of falling material and tools striking people on the ground. Workers who are dealing with laying electrical wire and other potentially dangerous utilities, such as running gas lines, also face significant personal injury risks on the job site.
The US Department of Labor is predicting that over 1,000 workers will die this year as a result of sustaining a construction site injury. Those who do not die from their wounds may be permanently disabled and unable to work again. Interestingly enough, the second leading industry in terms of high numbers of personal injuries and deaths was the trucking business, reporting over 500 deaths. Some of those deaths involved crane accidents, something that has been in the news quite frequently as of late.
Turning to the Occupational Safety and Health Administration for further statistics in this area, they show there were ten top factors in construction worker injuries and death. These factors included the number one spot going to scaffolding, hazard communication, fall protection, respiratory protection, lockout/tagout (LOTO), powered industrial trucks, electrical wiring, machine guarding, general electrical maintenance and ladders. Lockout/tagout refers to a safety procedure of shutting down dangerous machinery and not starting it again until maintenance and servicing has been completed.
Workers that have survived a workplace injury or those that are grieving a wrongful death need to consult with a highly skilled personal injury attorney in order to ensure justice is done. The attorney will be able to guide claimants through the difficult process of securing damages for severe injuries or to obtain just damages for a negligent wrongful death.
To learn more, visit Lawbarron.com.