Threats to Air Safety
Posted on 17. Feb, 2010 by Attorney.
Aircraft may encounter difficulty and even crash due to many different issues. The following are some of the most common troubles faced when flying.
Stalling
Stalling an aircraft translates into increasing its angle, while flying, until the wings will no longer provide the lift needed to keep the plane airborne. Pilots can usually recover from this situation and there are instruments, on board, that will give a warning should there be an impending danger of stalling the aircraft. These warnings are audio in nature and are easily noticed. However, prior to these standards, which are currently in place, British European Airways Flight 548 crashed in 1972 due to stalling conditions.
Fire
Fire is another danger that can occur in an aircraft. Because of this, there are a number of safety regulations that monitor automated fire detection systems and the materials used in aircraft design. For example, materials are measured for degree of smoke toxicity and flammability. An incident of toxic smoke-related deaths can be found in the Air Canada Flight 797 electrical fire in 1983. The resulting toxic smoke from that fire resulted in the deaths of 23 passengers. This accident subsequently resulted in aircraft being designed with floor-level lights in order to assist passenger evacuation, in case of a fire.
Bird Strikes
Bird Strikes can also lead to immediate aircraft damage and resulting accidents, which can sometimes be fatal. The most spectacular non-fatal bird strike-related accident occurred on January 15, 2009. It was in this accident that Canadian Geese were sucked up into the engines of US Airways Flight 1549, causing engine failure and forcing the pilot to land on the surface of the Hudson River. Miraculously, everyone survived.
Aircraft will be at highest risk for bird strikes during landings, takeoff and when flying in lower altitudes. Recorded sounds of natural bird predators are used, in some airports, to decrease the possibility of a bird strike during a takeoff or landing. Grass that is poisonous to birds (and insects) can also be planted around airports. Also, at some airports, grass is grown to lengths over 12 inches, which will keep birds away, since some bird species will not land if they can’t see each other.
Please note that this article is for informational purposes only and is not intended as legal advice.
If you need legal advice, contact Attorney Kristopher Barber at The Barber Law Firm in Dallas, Texas. Click here for more information.
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Different Types of Insurance Policies
Posted on 01. Feb, 2010 by Attorney.
It isn’t difficult to find just about any type of insurance coverage that can be imagined. However, there are some basic insurance policies that are considered to be the most common. The reason for this is that these policies cover the basic items that individuals most care about. This will include one’s personal health, the health of their family as well as their most expensive possessions and the care of loved ones, in the unfortunate event of a death.
Health Insurance
Health insurance is considered, by many, to be the most important insurance option. This makes sense, since objects (such an automobile) can always be replaced. However, good medical care is vital for that which cannot be replaced – your health and the health of your family. Should a medical issue arise and a health insurance policy is not in place, treatment may be not be available or a large debt may be incurred for needed medical expenses.
Fortunately, a good percentage of employers will make health insurance available to their employees and their families. This just makes good business sense. Meeting the immediate medical needs of a trained employee is more cost effective than hiring and training someone new. Also, if an employee’s family member is cared for – that employee can focus more on their job instead of focusing on added stress factors.
For those who have not received medical insurance from an employer, there are outside sources to obtain this much needed form of insurance. It may be a bit costly – but it can save a life or help avoid financial ruination
Life Insurance
This type of policy is geared more towards those with families to look after. If a member of the family is no longer present to financially provide for that family, some contingent plan must be put into place. Death can be difficult enough for a family, without the added burden of negative financial complications. The best option is to first check with an employer to see if a life insurance clause is available with the policy offered by their company. If not, then one can contact an insurance company for a policy that best suits their needs.
Property Insurance
This type of policy will actually be mandatory for those who have purchased a home which is still under a mortgage. This will protect all parties involved, should the home be damaged or destroyed (in a fire, for example). For those who are renting their home, a renters insurance policy is just as important.
Auto Insurance
This is another type of insurance that is often mandatory. State laws usually require a basic form of auto insurance that includes liability coverage that will deal with personal injury or death in the case of an accident. New vehicle owners may also be required to have this form of insurance if they are still making payments on their vehicle. Also, the cost of replacing a car or truck can be quite steep – so auto insurance may be a good idea should the auto be damaged or stolen.
Please note that this article is for informational purposes only and is not intended as legal advice.
If you’re having issues with your current insurance coverage and would like to obtain some legal advice, feel free to contact Bloom Legal – serving the New Orleans, Louisiana area. You can read more about it here.
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Offshore Financing
Posted on 01. Feb, 2010 by Attorney.
Offshore trusts are actually standard trusts that are formed in an offshore jurisdiction (or financial centre) and governed by the laws of that jurisdiction. These trusts are mostly identical in nature to trusts that are formed onshore – involving a settlor (the originator of the trust) who wishes to transfer property or assets to a beneficiary (or beneficiaries) through the management of a trustee.
The differences lie in the fact that many offshore jurisdictions have modified their financial laws in order to make forming a trust in their jurisdiction a more attractive option to potential settlors. There are also two jurisdictions that have created similar trust statutes to those of certain offshore jurisdictions and thus are sometimes considered as offshore options, themselves. These are Switzerland and Liechtenstein.
While it may be true that wealthy individuals and families utilize offshore trusts as part of their tax strategies, there are other reasons that an offshore trust may be formed.
For example, an offshore unit trust may be desired to operate as a mutual fund or as part of a trade finance transaction. Some non-governing entities can also be formed as an offshore trust (the International Cricket Council is established as an offshore trust in the British Virgin Islands).
Certain special trusts can also be found in offshore jurisdictions. An example of this would be asset protection trusts that can be formed in the Cook Islands or the Bahamas. Even though all trusts have some degree of asset protection, these offshore asset protection trusts make it especially difficult for creditors to file claims against a trust (for example – by providing very brief limitation periods). However, these measures have certain limitations, as offshore jurisdictions tend to disallow transactions that are obviously meant to defraud creditors.
Vintage Swiss trust companies are one of the most commonly used offshore trust entities. These consist of corporations that were created in the second half of the 20th century. This means that they have met the minimum time frame needed to be given trust status.
These Swiss trust companies were created but later became dormant (for different reasons). These dormant Swiss companies are then acquired by specialized agencies who then sell them to clientele who desire them for offshore asset management.
Please note that this article is for informational purposes only and is not intended as legal advice.
Further legal reading regarding trusts can be found at the website of Florida Probate Lawyer Adrian Philip Thomas, P.A. practicing in Fort Lauderdale, Florida – click here, for further details.
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Negligence Overview
Posted on 28. Jan, 2010 by Attorney.
What is Negligence?
Negligence is defined as the failure of using sensible care, the doing of something that a normally cautious person would not do. It is the legal terminology of any damage that has contributed to causing any damage. In order to claim negligence you will need to be able to prove that negligence directly caused an injury, loss, or damage.
However, negligence is not same as being careless, simply because someone might be as cautious as they are able to be, yet still fall short of the competence that has been expected of them. In general accidents and mistakes happen all the time. While this is true, what may seem like a mistake or accident can often turn out to be the result of negligence due to a regular pattern of:
- Shortcuts to reduce costs
- Disregarding safety protocol
- Misuse of equipment
Unfortunately actually proving negligence can be extremely difficult and may involve investigating many documents and interviewing multiple people involved.
Manufacturer Error
There are certain instances where the damage was caused by supposedly defective and dangerous products. In these cases the manufacturer of the product may be held accountable even if they were careful when designing and creating the product accused of being dangerous. In other cases the manufacturer may not be liable for the failure of their product, even though they did not implement modern or even better safeguards.
The simple fact is that the manufacturer does not guarantee that the product user will not get injured when using the product simply because there is always a possibility for flukes and mistakes. The manufacturer is not solely responsible for creating a product that is accident proof, there also needs to be a certain level of care by the product user. However, the manufacturer is solely responsible for ensuring the product is not defective.
Claiming Negligence
Individuals who were injured and prove the injury was caused by someone else’s negligence can recover compensation for the negligence through civil litigation. If the injured person proves negligence they may be compensated for harm to their:
- Person
- Well-being
- Financial Status
- Relationships
Negligence cases are based on specific facts, and the broad definition of negligence does not explain the concept of why the law may obligate one individual to reimburse another for losses due to accidental injury. When it comes to the law of liability, the law of negligence is only one aspect of it. Even though the damages were proven to be the result of negligence, recovery can be difficult when the nature and extent of the damages are not the main focus when dealing with negligent cases.
Related legal pages for more information: The Barber Law Firm. Serving all of Texas.
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What is a Family Law Attorney
Posted on 28. Jan, 2010 by Attorney.
Family lawyers are there to help families who have come across an issue that needs to be brought to court. Some problems that family lawyers assist families with are:
- Divorce
- Child Custody & Visitation
- Child Support
- Spousal Support & Marital Assets
- Domestic Violence & Restraining Orders
Families take hard work to hold together and it may not be possible for every family and that is when a family lawyer will come into the picture.
Divorce
What is divorce? The simple answer is the end of a marriage through the court system leaving the husband and wife no longer legally married. The only way a divorce is legal is if it has been approved by the courts. There are some states that require one of the parties to take fault for the divorce taking place. Family lawyers help with divorce proceedings which will be beneficial for the family. Divorce is not an easy process and will be an emotional rollercoaster for everyone involved, including any children.
There is complex process for divorce that consists of more than property and asset division between the couple. There is also the matter of who gets custody of the children and who gets visitation. This is one of the main reasons a family lawyer is needed. It can be very strenuous when it comes to dealing with divorce, and even more so when dealing with custody.
Custody
Custody is a heartbreaking battle to endure, especially for the children. It is not unusual to watch both parents pull out the claws and try and prove why they are fit and the other is not. Unfortunately, they tend to get lost in the battle and forget they are hurting the children. There have also been cases where accusations of abuse are put against the other party. This is why a family lawyer helps the family through the process as smoothly as possible. Family lawyers are there to defend the party being accused of abuse or any other form of neglect that is not in the best interest of the child.
Child And Spousal Support
Many people do not realize that child and spousal support are actually different. Child support is payments that one party pays to the other to provide for the children. Child support payments can be used on things such as living expenses, education, food, and medical bills.
Spousal support is paid from one party to the other after the divorce has been finalized. These payments generally go towards medical or legal fees, housing expenses, and other vital needs. If the party that is required to make payments fails to do so they can incur extra fines set by the court or possibly go to jail. Family lawyers also help the payee go after the other party to ensure they get the payments they were supposed to receive.
Further Related Legal Information: For more information on divorce law in Long Island visit WurtzelLaw.com
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White Collar Tax Crimes
Posted on 28. Jan, 2010 by Attorney.
Prosecution for tax crimes usually broaden into prosecution of other types of monetary crimes. These added monetary fines are considered “white collar” crimes and can involve criminal violations of antitrust laws, banking laws, and security laws.
Tax Fraud
The largest portion of investigations performed by the IRS is centered on federal tax fraud. Federal tax fraud is comprised of failure to file a return, supply information, to collect or pay tax, tax evasion, and/or making falsified statements. Some examples of federal tax fraud consist of:
- Purposely underreporting or leaving out income,
- Exaggerating the amount of deductions,
- Maintaining more than one set of books,
- Falsifying any entries in books or records
- Falsely claiming personal expenses as business expenses,
- Reporting fake deductions, and
- Hiding or transferring profits or assets.
Tax Evasion
An attempt any type of tax payer who purposely deceives the government to avoid paying taxes is considered tax evasion. Tax evasion most often involves the taxpayer intentionally misrepresenting or concealing the honest status of their monetary dealings to the IRS to decrease their tax responsibilities. This is done by false tax reporting methods such as understating income, profits and/or gains than truthfully received; keeping more than one set of books or reports; exaggerating deductions; and/or concealing funds in illegal foreign accounts.
Bank Fraud
When someone uses illegal measures to receive money, credits, securities, or any other monetary property controlled by a financial institution is committing bank fraud. Examples of bank fraud include:
- Stolen, fake or misrepresented checks,
- Rogue traders,
- Falsified loans were loan applications, or
- The act of money laundering.
Embezzlement
An individual who knowingly conceals any money, assets or other properties that have been entrusted to them is committing embezzlement. In embezzlement usually consists of falsifying records in order to hide the illegal actions. An additional paid is to make a fake vendor account and supply fake invoices to the business that is being embezzled. Many of the most intricate and lucrative form of embezzlement include financial schemes where massive returns to early investors are paid out of money acquired from later investors who have been deceived into believing they will receive access to a large return.
Financial Fraud
When dealing with financial fraud there are a variety of crimes focusing on defrauding a person, business, or financial institution out of funds, securities, cash, and any other assets. This includes:
- Accounting Fraud
- Embezzlement
- Bank Fraud
- Electronic Funds Transfer Fraud
- Wire Fraud
Accounting Fraud
Any employee of an entity that embezzled or hides money is committing accounting fraud. This particular crime involves intricate techniques for the abuse and misdirection of funds, over exaggerating proceeds, falsifying expense, exaggerating the worth of company resources, and/or misreporting the existence of liabilities.
For additional information: Please visit Thorn Law Group. Serving clients in Virginia and nationwide.
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Personal Injury Tips
Posted on 28. Jan, 2010 by Attorney.
It does not matter if you are an employer or an employee, knowing as much as you can about employment law is vital. For an employer it can help save from lawsuits and if you are an employee it can help you know your rights and if they have been violated.
Regulations
You would actually be surprised as to how many rules and regulations there are for employers. Take for example there are 100 statutory instruments, 25 statutes, 36 European directives, and 20 codes of practice, that is over 181 regulations involved with employment law. It can become a little overwhelming for employers trying to follow everything by the book.
Contracts
Many do not know that it is not required to have a written contract of employment. When an employer has offered a job and the employee accepts a contract has been created. Of course, it is in both parties’ best interests to have an actual written contract drawn up.
If there needs to be a change in the contractual agreement, there will need to be permission from any party involved. There are many reasons for a change such as, location switch, pay raise, different job title, or different hours. If either party disagrees n the changes, the contract cannot be changed.
Compromise Agreement
This is a legal document for terminating an employee’s job and means the employee revokes their right to file a suit or claim against the employer. This is given in exchange for the employer to issue a full and final settlement. There are also job loss situations due to the business deciding to stop trading, move to a different site, or a change in the need for their products or services provided.
Time Limits
There is generally a 3 month time limit on claims filed with the Employment Tribunal. This time limit begins on the day of an employee’s termination or date the claim was filed. However, there are special circumstances that allow a claim to be heard past the time limit. For example, the employee filing the claim was in the hospital and as a result the claim could not be made quickly.
Wrongful Dismissal
Some situations occur where an employee feels the appropriate disciplinary process was not followed. Other cases may involve certain circumstances that lead up to the dismissal were not evaluated. These cases are justifiable for an employee to appeal their dismissal.
Monetary Limit
There are many circumstances that provide no limit to the compensation reward for matters such as discrimination of age or race. Then there are other matters that have a limit on the compensation received, each case is different.
Service Time
There are special cases that require a certain time of service provided by the employee before they can file a claim. Discrimination cases have no minimum service time. Wrongful termination generally requires 12 months and redundancy 24 months of time for a claim to be filed.
Additional Legal Tools: The Shavitz Law Group, P.A.. Serving all of Florida and Miami.
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Suffering a Personal Injury
Posted on 28. Jan, 2010 by Attorney.
Suffering a personal injury of any kind is no joke. Whether you are in pain or not is it important to get help straight away so you don’t suffer financial loss as well as physical. You can find good personal injury lawyers whether you are a high income earner or not. To get the most benefit back from your personal injury the sooner you make contact and get things dealt with the better.
The first thing you need to do if you suffer from any personal injury is take photos of the scene and of your injury. If there is any damage to vehicles or other property be sure to get good photographic evidence. If you don’t do this you are often left with nothing but circumstantial evidence and word against word to back up your claim. If there are any witnesses at the scene of your injury make sure to get their name and address and if possible a recorded statement at the time. Use your cell phone, a Dictaphone, pen and paper or whatever is at hand at the time. Ask the witness to state who they are, what they saw happen and how they observed you as an injured party.
Independent witnesses who are unknown to you personally, as opposed to family or close friends and colleagues make the very best witnesses if you need to take your personal injury claim to court. Unfortunately we cannot always find these independent witnesses on command.
Getting a record at the scene of an injury is extremely important as our memories fade very quickly. Photographic and vocal or written evidence right at the time can often mean all the difference between getting compensation or not.
Additional Legal Information on the Web: Jodat Law Group. Serving personal injury victims in Bradenton, FL.
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Personal Injury Laws and Nursing Home Abuse
Posted on 18. Dec, 2009 by Attorney.
Nobody deserves to be the victim of nursing home abuse. It is a terrifying experience to know that a loved one has been mistreated. There are an estimated 17,000 nursing facilities in the United States. Approximately, 1.6 million residents depend on these facilities to provide them with proper care.
Many nursing facilities have to deal with working short staffed. This is expected to get worse by the year 2010. There needs to be 45% more nursing home and long-term care facility workers. Our populations are growing older. Many abuse cases go unreported.
Institutional abuse includes physical, emotional, mental, and sexual mistreatment. Neglect of a patient’s basic needs is the number one form of abuse. This makes sense due to the number of facilities that lack adequate staff. There are three main factors that are said to lead to abuse. Stressful working conditions, psychological conditions that occur in demanding occupations, and having staff that is not adequately trained to handle the residents properly.
One out of five Americans will be a senior citizen by the year 2030. It is predicted that two of the five will require long-term care. The number of people needing long-term care is expected to quadruple around the middle of the 21st century.
When a nursing home case is brought into a courtroom, the accused people and facility must have a defense. If abuse evidence is present, the victim will receive compensation. In very serious cases, nursing homes are shut down. There are statutes of limitations that vary depending on the state.
THIS ARTICLE DOES NOT CONTAIN LEGAL ADVICE AND WAS NOT WRITTEN BY AN ATTORNEY.
Listing:
The Injury Lawyers of Abrahamson & Uiterwyk. Office in Clearwater, FL.
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Railroad Accidents and Injuries
Posted on 18. Dec, 2009 by Attorney.
With over 600 railroads across the U.S it is really not surprising that Railroad Accidents occur more often than most people think. There are around 3,000 accidents a year and 1,000 fatalities.
It is estimated that a derailing or a collision occurs somewhere in America every 90 minutes. Of course not all of these accidents result in injury but many do. The risk of injury is always highest for those working in the railroad industry. Over the past three years 17,000 railroad employees have been injured or killed.
One of the main dangers with train derailments or collisions are that freight trains are often used to transport explosive or otherwise dangerous chemicals. Workers are often injured when they are exposed to hazardous chemicals after a spill. Sometimes the results are even more dramatic.
In June 2009 a freight train in Illinois derailed during a heavy downpour. 14 tanks of ethanol exploded killing one person who was at the crossing and severely injuring several others. In the same month two passenger trains collided in Washington killing 9 people and injuring another 70. The collision was caused by a computer malfunction while the trains were running in fully automated mode.
Besides adverse weather conditions and computer malfunctions there are several other main causes involved in railroad accidents.
- Driver negligence
- Poorly marked crossings
- Motorists blocking tracks or not seeing crossings
- Tracks not being adequately maintained
- Bad management of train traffic
- Malfunctions of either trains or lights and crossings
- Motorists failing to see trains in low light conditions and running into them
- People leaving objects on the tracks which fly off and injure bystanders
- Suicide attempts
- Intoxicated people wandering onto tracks
Related Legal Resource: The Jodat Law Group. Serving accident victims in Bradenton, FL.
