Premises Liability and Duty of Care

I’ve recently become more interested in premises liability cases and how they work. The outcome of premises liability claims is determined with respect to the property owner’s duty of care to the victim. While property owners should keep their premises properly maintained in order to not cause injury to those who occupy their spaces, the property owner does not owe all visitors the same amount of regard. Under duty of care laws, there are three different categorizations of visitors, an invitee, a licensee, or a trespasser. The amount of compensation, if any, in a premises liability case will depend on which category the plaintiff falls under.


Invitees are owed the most protection under premises liability law. Invitees are those who either have explicit or implicit permission to inhabit the property. For domestic cases, some examples of an invitee include relatives, friends, and neighbors. For workplaces, an invitee would include employees and workers hired to tend to the property. Additionally, shoppers in retail spaces are also a good example of an invitee. If you are ever injured in a premises liability accident as an invitee, chances are that you will be far likelier to recover the compensation that you need to deal with your injuries.


While licensees aren’t owed as much protection under the law as invitees they still have some protections. Licensees are guests on a property whose presence is permitted but not explicitly beneficial to the business of the property owner. For example, a pharmaceutical sales representative is an example of a licensee on the premises of a hospital or clinic. They are permitted to be there, but they are not owed the same rights as an employee or patient.


Trespassers are owed almost no protections under the law in the event that they are injured while on a certain property. Since they are not invited or in any way permitted, it is not the fault of the property owner. A property owner, however, can not set any traps to intentionally cause harm. In the instance that the property owner intentionally sets out to harm a trespasser, then they may be eligible to take legal action for the injuries that they endure.

Breach of Care

When a property owner fails to secure safe conditions in order to protect the people on their premises, it is referred to as a breach of care. Of course, depending on the category of the person injured, the severity of the breach will be evaluated differently when determining liability. According to information provided by the Myrtle Beach Employment Law Attorneys personal injury accidents have a far greater cost to victims than just hospital bills and often includes other expenses like rehabilitative care, lost wages, and out-of-pocket expenses.

Immigration Lawyers Are the Most Important Workers in America Right Now

America has a problem. No matter what side you fall on it, there is a problem with immigration. Most Americans want those who have a legal right to continue to come to this country and get citizenship. Most Americans also want those who are not entitled to that citizenship to stop coming.

It is a very tricky and obviously highly controversial topic. This is why immigration lawyers are perhaps the most important workers in America.

Whatever side of the debate you may be on, we have to all agree that America follows its own laws, and that those in this country try to follow them as well. We need immigration lawyers to be working overtime to make that happen.

As the Law Office of William Jang has pointed out, immigration law is changing quickly and drastically. That makes it all the more important that everyone know their status and know how to pursue their path along the legal lines with absolute certainty.

Unfortunately, the legal system in America is complicated, even for its citizens, and those who are here legally may still struggle to find their way through the process. With the support of the country behind these people pursuing permanent residency and citizenship, they need access to immigration lawyers to make sure they follow the rules completely.

At the same time, immigration lawyers need to have a greater say in what to do about other elements within the immigration system. Namely, how can the system be simplified, what are the best strategies for those who are here without legal authorization, and what should be done about those who will continue to come without that authorization?

This will have a knock-on effect on immigration policy and law changes. For instance, if immigration lawyers were able to write a simpler system for applying for residency (or come up with a new means of temporary residency that would satisfy those who are coming without the legal authority to do so), the immigration issues the country faces may be simplified, and the major crisis averted.

Even if immigration lawyers aren’t able to put forward new ideas, they play an incredibly important role in helping the country work its way through the crisis.

The country should enable them to work more closely with immigrants of all types to find the best solutions that avoid further expenses in policing. After all, many of those here legally on conditional residency for things like investment are eagerly welcomed by the vast majority of the country, and their pathway forward should be made easier. For others, the path of least resistance to the right legal ends is ideal for all parties.

While America debates the future of its immigration system, there really is only one group that can help lead to the right outcomes for all those involved in the system, and thats immigration lawyers.

Semi truck statistics

Driving down the highway the other day, I saw an overturned semi off on the side of the road. I whizzed past, on my way to my own places with my own affairs in mind, but after a moment, it got me thinking: how many semi accidents occur every year?

There seem to be an awful lot of them. Turn on the news on any given day, and you seem to hear about a collision involving one of those massive machines. And if not on the news, you see it with your own eyes. I don’t know how often I’ve been delayed in traffic or been rerouted due to some semi accident, but it seems to me, it’s a lot, and more common than before.

So I did a little research, and it turns out, accidents are fairly common. According to one source, there are more than 500,000 accidents in America every year. 5,000 of those are serious enough to be fatal to one party or the other. Although, 98% of the fatalities are the person in the other car, not the truck driver.

The same source says that 1 in 8 accidents total involves a massive 18-wheeler.

The thought of one of those trucks hitting me is, well, terrifying, as I’m sure it is for you.

A surprising fact that came to light was that the majority of accidents don’t happen in the middle of the night but during the day. I had assumed more happened when some bleary-eyed driver ran smack dab into some night fellow returning from the bar, but it’s more likely the truck driver, bleary-eyed or not, ran into the soccer mom coming back from dropping her kids off at practice. Poor soccer mom.

Or poor me, for that matter, since I don’t drive in the bleary late night hours either but right at the most dangerous times, with everyone else.

Day or night, I’ve learned a lot of truck drivers are imbibing something or other, whether alcohol or other illegal substances, which are inhibiting their ability to command their vehicles appropriately.

So, what can be done about this? Honestly, practically nothing. Goods have to be shipped, and in America, we ship them via our interstates, upon the beds of massive trucks driven by drivers, most of whom are surely excellent drivers and estimable individuals, but a few of whom may cause great damage due to recklessness.

Certainly, if you’re involved in an accident for a truck, there is sure to be a fine, clever lawyer nearby to take up your case and cause and make you a bundle. But that assumes you survive the encounter.

Otherwise, as a preventative measure, your choices are simply to go out in the world and pray and be vigilant and hope the driver of the massive truck in front of you is freshly rested and sober. Or else, stay at home forever. After reading some of those statistics, the choice is suddenly a harder one.

Cool Places to Throw a Party

Sometimes, the location can make or break your party, so you should seriously add the location in the many considerations that will make your party awesome.

You have some celebrating to do, and you want it to be as exciting and memorable as possible. Below are some places that may be cool enough to add an it-factor to your party, making it not just exciting and memorable for you and your guests, but also impressive.

School Gym

We’ve all seen it before – partygoers exploiting the space of school gyms. But those we see are mostly kid stuff, like children sports-themed parties and proms. You’re now an adult, so you are not limited to these things, and you get to exploit the wide space of school gyms.

The best part here is that you may even be as loud as long as you want, as long as the location is far enough to fester on neighbors.


According to the website of Anita Dee Yacht Charters, yachts can be customized to accommodate social events, such as corporate outings, weddings, and most of all, parties. It may not be as cheap as your local school gym, but if you have the right budget, the mere fact that your party is held in a yacht is enough to make it memorable.

Aside from the luxuries of yachts, you also get the additional scenery of sunrise, sunset, moon and stars, and water, around you.


A rooftop combines the advantages of school gyms and yachts – they have the wide space you need for a party and the beautiful scenery of concrete jungle and lights to add to the mood. In fact, because of their obvious advantages, rooftops have already been known to be good party venues.

Rooftops are detached from responsibility because they are often isolated from other parts of the building, so you may get away from neighbors that may complain. At the same time, rooftops are attached to scenery, making rooftops all benefits and no consequences.


Yachts are not just the moving vehicles that can accommodate parties, as even buses are known to be party venues. They are big and wide enough to comfortably accommodate tens of people, and the best thing about them is that you and your mates are not stuck in a single place. You can take the party anywhere.

However, there is the risk of accidents. Make sure that your driver is not driving under the influence of alcohol or drugs. It is also a good idea to go to an isolated space, like a valley, pull over, and party on, while maximizing the view and minimizing neighbor issues.

The More Cars There are on the Road, the More Accidents and Fatalities There are Also

The More Cars There are on the Road, the More Accidents and Fatalities There are Also

Printed in the November 24, 1967, issue of the Life Magazine and in the AF&G All Fun and Games website is a story which says that in 1895, when there were only two cars in the state of Ohio, the unfortunate event of these two cars colliding into each other occurred. Besides this story above, there are other very interesting facts about car accidents. Some of these say:

  • The first traffic fatality, wherein a man was killed by a car, occurred in in NYC 1899;
  • The first electric car, called the Baker Torpedo, was taken for a speed test 1n 1902. It went as fast as 80 mph before crashing and killing two spectators;
  • The National Highway Traffic Safety Administration (NHTSA) conducted a study on car crashes. This study showed that at least 90% of the more than five million motor vehicle accidents occurring every year are due to driver error or driver fault which include drunk-driving (which is the leading cause of car accidents), reckless driving, overspeeding and distracted driving; and,
  • An analysis of fatal car crashes show almost consistently that the more cars there are on the road, the more accidents and fatalities there are also.

In 2015, 16.1 million cars and trucks were purchased in the U.S., adding to the 253 million already running on roads and highways. Today, cars are the most common form of land transportation. Though increase in the number of cars and trucks may signify economic growth, based on the last fact mentioned above, it would hint that there will be more motor vehicle crashes too.

Bad road behavior or driver error is not the only fault of drivers, though. Many of those who are at-fault in accidents are also guilty of not compensating their victims. As a result, besides causing their victims pain and suffering, victims are also made to suffer financially due to the cost of medical treatment and loss of wages.

To assure accident victims of the compensation they have a legal right to claim, a law was passed in 1925 which made carrying of auto liability insurance compulsory for drivers. The states of Massachusetts and Connecticut were the first states that adopted this law which, today, is known as the Financial Responsibility law; its aim is to help make sure that drivers, who cause accidents, have the financial capability to compensate victims for the damages and losses they suffer.

Though proving financial responsibility is a law in all 50 states in the U.S., not all states require the carrying of auto liability insurance. In New Hampshire, in lieu of an auto insurance, it is enough for drivers to either deposit security/money with the state treasurer or file an SR-22 . In the 49 states where auto liability insurance is mandated, drivers are required to purchase either a “tort” insurance policy or a “no-fault” insurance policy. The “tort” insurance policy in required in the thirty-eight states, called “tort” or “fault” states, while the “no-fault” insurance coverage is the policy required in 12 “no-fault” states (Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah) .

In “tort” or “fault” states, compensation to accident victims is paid by the at-fault driver’s insurance provider. If the compensation paid by the insurance firm does not fully cover the damages and losses suffered by the victim, then the victim may file a civil lawsuit against the at-fault driver for further claims. In “no-fault” states, drivers, who are involved in an accident, are paid by their own auto insurance providers, regardless of who was at fault in the accident.

After an accident, another problem injured victims are subjected to is dealing with insurance providers who are either slow in paying out valid insurance claims. Worse than this, however, are insurance firms refusing to pay, denying valid claims, or a claims adjuster pressuring a victim to accept a quick settlement that is unfair.

According to the Mokaram Law Firm, “Accidents can happen for countless reasons and many are unavoidable, but car accidents that are preventable by using common sense and courtesy are inexcusable. Victims of these accidents often will suffer through years of personal injuries and financial backlash for an accident they did not cause.” This is why it would be wise for injured victims to get in touch with a personal injury lawyer immediately after an accident as this may help them pursue the full amount of compensation they are entitled under the law, whether through a lawsuit or out-of-court settlement.

Uninsured or Underinsured Motorist Coverage – It’s Worth the Extra Cost

car accidentCarrying auto liability insurance or a state-approved bond, which will show a driver’s financial capability in compensating anyone who is innocently injured or whose property is damaged in an accident, is a requirement in all 50 states in the US. This requirement is meant ensure injured victims of reckless, negligent and irresponsible at-fault drivers that they have a chance of receiving compensation which will cover cost of treatment for their injury and loss of income.

The type of auto insurance, however, differs among states. While most states require a tort-liability policy, there are a few that require the no-fault auto insurance instead – the difference simply on how compensation may be sought.

In tort states, to be able to seek compensation, the victim of an accident usually needs to file a lawsuit against the at-fault driver (unless this driver makes an out-of-court settlement with his/her victim) and prove that the accident was a result of his or her negligent act. After liability has been proven, payments to cover bodily injury and property damage (this does not include payment for the at-fault driver’s own injuries and damaged property) will be made by the at-fault driver’s insurance provider. According to the website of the Mokaram Law Firm, any amount that will exceed the compensation that needs to be paid will already have to come from the liable driver’s own pocket.

In no-fault states, however, cost of medical treatment resulting from the injuries (of both drivers) sustained in the accident will be paid by each driver’s insurance provider, regardless of whose fault the accident is. This means no more need to file a lawsuit to be able to prove fault.

This state requirement, of carrying auto liability insurance, particularly in tort states, should be enough to assure anyone of the compensation that he or she may be deemed eligible by the court to receive. However, there is one very troubling major problem (related to this auto liability coverage) that the Insurance Research Council has identified – that 1 in every 8 drivers in the US continuously drives on roads and highways despite being uninsured. However, instead of catching these drivers and putting them behind bars, insured drivers are rather given the additional requirement of carrying Uninsured /Underinsured Motorist coverage on top of their auto liability insurance.

Due to the absence of coverage on a vehicle, Uninsured motorist coverage will cover all economic losses and damages suffered by an innocent victim. This coverage is most helpful if a person is hit by an uninsured driver, a stolen vehicle or a victim of a hit & run. Underinsured motorist coverage, on the other hand, is intended to cover the amount in excess of the policy limit of the underinsured motorist.

Uninsured /Underinsured Motorist coverage will definitely be additional costs for any driver; however, thinking about the benefits it will provide, it might just be worth the extra cost.

Devastating Outcomes: The Most Common Construction Accidents

Construction work is a dangerous profession. The Occupational Safety and Health Administration reported in the year 2013 that a total of 796 deaths were caused by construction-related accidents. According to the organization’s findings, these fatalities translated to about 20 percent of all workplace deaths that occurred in the U.S. during that single year. Knowing these hazards, it’s important for people working in this industry to be aware of the dangers they face regularly.

On their website, Clawson and Staubes, LLC: Injury Group lists down some of the most common accidents that occur in construction sites. The list includes slip and trip accidents, crane accidents, electrocution accidents, heavy equipment accidents, and fall accidents. The most common among these dangers are slip, trip, and fall accidents. According to their data, about 22 percent of injuries that result from accidents in construction sites are caused by falls that happen when workers slip or trip from cranes, ladders, and scaffolding. Such accidents typically happen due to risk factors such as the absence of a proper safety protocol, the use of improper safety equipment and faulty equipment, as well as the hiring of workers that are unqualified for hard labor.

Regardless of the cause of the accident, construction injuries can lead to very devastating consequences. Workers that become seriously injured while on the job risk facing lifelong medical conditions, as well as significant loss of income due to their inability to come back to work and make a living. As such, it’s important for these workers to know that there are legal avenues they can pursue should the worst ever happen while they toil in the workplace. With the help of a qualified personal injury attorney, workers that have been injured in construction accidents can receive compensation that can help cover the damages caused by their employer’s negligent practices.

Which Doctors Are Sued The Most?

Doctor at DeskDoctors and other medical personnel hold the highest standards of professionalism and trust. They are bound to uphold the highest ethical standards based on the Hippocratic oath which the medical practitioner sworn to when they entered the medical profession. But doctors are humans as well and hence can make errors which unfortunately can lead to injury or death of their patients, which they swore to protect and treat.

While no amount of money can compensate for the lost life, the surviving relatives of the deceased can make the doctor liable for the injury or death of their loved one. Americans file over 17,000 medical malpractice lawsuits every year, according to recent data. This fact of doctors getting involved in medical malpractice was proven by a recent study published in the New England Journal of Medicine. Examining information on 66,426 malpractice suits from 915,564 physicians, the study revealed that most doctors don’t settle or lose in lawsuits.

A separate report by Medscape found that 35% of lawsuits were due to “failure to diagnose” and 17% were due to “failure to treat.” According to the New England Journal of Medicine study, certain medical specialties are targeted more than others. So which field of doctors have the most number of medical malpractice lawsuits? This is based on the findings of the Medscape survey involving 4,000 primary care physicians and selected specialists:

  • Obstetrician/Gynecologist – 85 percent
  • Surgeon – 83 percent
  • Orthopedic – 79 percent
  • Radiologist – 72 percent
  • Anesthesiologist – 58 percent
  • Internal Medicine – 46 percent
  • Oncologist – 34 percent

Orthopedists and general surgeons reflected the highest percentage of being the only parties included in a medical malpractice suit with 26 percent and 23 percent, respectively. OB/Gyns came in at third with 18 percent. The survey revealed that older doctors were more likely to be sued for medical malpractice. According to the study, 80 percent of doctors above 60 years old faced a medical malpractice lawsuit.

Who is Eligible Under Chapter 13 Bankruptcy?

Chapter 13 Bankruptcy Code, also known as Wage-earner’s Plan, Repayment Plan or Debt Adjustment is a restructuring type of bankruptcy wherein debtors are allowed to design a three-year payment proposal during which time they can settle their debts (this plan can be extended up to five years if approved by the court). This proposal, which is actually a restructured payment scheme, is aimed at helping debtors make debt payments more affordable for them. Unlike Chapter 7 bankruptcy, wherein debtors will need to submit their “non-exempt” properties for liquidation, debtors who file for bankruptcy under this chapter are allowed to keep their properties and assets; business owners are also allowed to continue operating their business, especially if it is a major source of their income and payment for debts.

Besides forbidding creditors from starting or continuing any effort to collect payment (while the chapter 13 plan is in effect), there are many other advantages offered by this chapter. As listed in the website of the United States Courts (, these advantages include:

a. Keeping a debtor’s home from getting foreclosed and a chance for debtors to pay past due mortgage payments over time.

b. The chance to reschedule secured debts and extend payments for these over the approved chapter 13 plan (either three years or five years).

c. Protection for co-signers or a third party who is equally liable with the debtor.

d. Coursing all plan payments to a chapter 13 trustee instead of to the creditors directly. This keeps debtors from having direct contact with creditors.

Individuals, who may be operating an unincorporated business or are self-employed, are eligible for chapter 13 protection (corporations or partnerships do not qualify under this chapter), but only if their secured debts are less than $1,149,525 and their unsecured debts, less than $383,175 (these figures are occasionally adjusted in order to reflect changes in the consumer price index.

It is incredibly common for people to avoid filing for bankruptcy in fear that bankruptcy will complicate their credit status or signify that they have somehow failed financially. On the contrary, people can use the bankruptcy process to their advantage and work their way toward financial freedom. With help from a seasoned bankruptcy lawyer, debtors will understand more what bankruptcy is really all about, the many advantages it offers and which particular chapter will best work for them.

New Rules from U.S. FDA to Affect the Whole Tobacco Industry and the Nation’s 40 Million Smokers


In a number of U.S. states, Americans are banned from being sold e-cigarettes unless they can show a photo identification which will prove that they are above 18 years old. This new rule, which extends federal regulatory authority to e-cigarettes, comes from the U.S. Food and Drug Administration and its adoption by all states will affect not only the tobacco industry but the nation’s 40 million smokers (including the estimated 9 million adult e-cigarette users ) as well.

There is currently no federal oversight or protection for American consumers in connection with the sale and use of E-cigarettes, which has grown into a multi-billion dollar business. E-cigarettes, which were introduced during the early part of the year 2000, are devices that deliver nicotine without the harmful cancer-causing tar and chemicals.

While British health experts see the use of e-cigarettes as an effective way of helping people quit smoking traditional cigarettes, health experts in the U.S. are wary as to whether banning these devices to be sold to Americans below 18 will make them quit smoking or would only cause them to smoke cigarettes instead.

Smoking is a huge concern for American health experts, considering the fact that more than 480,000 tobacco-related deaths are reported in the U.S. every year. Though Matthew Myers, president of Campaign for Tobacco-Free Kids, welcomed the FDA’s new rules, which are take effect in 90 days, he says that the process of implementing the rules has brought about much difficulty.

One of the biggest effects of the FDA rule is the need for manufacturers of e-cigarettes and tobacco products to register with the FDA, disclose to the agency their manufacturing processes, and provide the agency with a detailed list of their products’ ingredients. All manufacturers will also be subjected to FDA inspections and will only be able to market their products as “mild,” or “light” after these have been approved and allowed by the FDA. No company will also be allowed to give out free sample products.

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