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Harvard Law School

The Differences Between Product and Premises Liability

All Philadelphia residents have certain rights when it comes to injury through either products or property. These rights are protected not only by Philadelphia codes, but by the laws and regulations of the state of Pennsylvania. If you have sustained an injury either by a faulty or inadequately labeled product, or by a piece of property which was not maintained properly, you could be entitled to monetary compensation. This compensation is to cover the costs of medical treatments, both past and future, as well as any other losses that were a direct result of your injury. Before you file a claim, you must first find a Philadelphia liability attorney to help you build your case.
When a manufacturer produces a product, they are required to adhere to certain regulations that the government sets. These regulations are put in place as a safety measure to make sure that any product a consumer purchases is safe to be used, and if it is possible to be harmed by the product, then it should contain a warning label stating the hazard. However, even with these regulations in place, many consumers have found that a product they have purchased did not live up to the promise of the manufacturer, in which case, the manufacturer is liable for the damages that result from their product.
While injury due to an ill-designed or badly made product can occur, you are at just as much risk to be injured while on someone’s premises, which is known as Philadelphia premises liability. Take for example, you are at the park with your child who becomes injured because the play equipment was unsafe. If the park is owned by the city, then the local government is at fault for not maintaining a public area-especially one in which small children could be seriously harmed or killed. This is equally the case with business and private properties. Failure to post signs cautioning visitors of hazards, improperly lit areas such as parking lots and entrances, as well as many other careless acts could cause the property owner to become liable for an injury sustained on the premises.
When you suffer at the hands of careless company owners or single persons in the community, your Philadelphia attorney is there to help. Find an attorney that you are comfortable with because you will spend a good bit of time with them while your case proceeds. You are sure to feel better when you find the liability attorney that treats you like family and takes care of you like their own.It appears that your web host has disabled all functions for handling remote pages and as a result the BackLinks software will not function on your web page. Please contact your web host for more information.…

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Family Law Attorney

Are You The Victim of Creosote Exposure?

Creosote is a type of wood preservative that is commonly used to treat a variety of wood products including items such as outdoor fencing materials, telephone poles, and railroad ties. The substance is used to help prevent wood from rotting and becoming structurally weak when exposed to the elements. Some workers are forced to be exposed to creosote a great deal because of their occupation. These workers include railroad employees, chimney sweeps, dock workers, utility workers, and boat builders. The most commonly used form of creosote is a product called coal tar creosote. This is produced from coal that has been treated a very high temperatures.
Because creosote is considered to be highly toxic, the Environmental Protection Agency (EPA) has placed strict regulations on its handling and use. What’s more, the EPA has classified the substance as a restricted use pesticide and can only be handled by licensed pesticide applicators in a commercial, outdoor, or industrial setting. The product cannot be used in any circumstance on the interior of residences.
The EPA has taken this issue one step further and has classified creosote as a hazardous waste because it is derived from coal tar, and is comprised of more than three hundred chemicals. People who handle it in any form are at risk for it entering their bloodstream by means of their skin. Creosote can also enter the body by ingestion, such as is the case when groundwater becomes contaminated.
Hazardous waste sites are often the most common source of creosote, coal tar pitch, and coal tar contamination. People who work in an industry where wood preserving takes place are the most at risk for exposure to this compound. Those who reside in areas that were formerly used as sites for preserving wood may face exposure to creosote if the site was not properly cleaned up. Creosote most commonly enters the body through the skin when it is found in the soil. Children can also ingest the material if they do not wash their hands and place them in their mouths after handling soil or wood that has been in contact with creosote. That being said, creosote most often enters the body of those in the wood preserving profession by means of the lungs.
Workers in industries that produce coke, those who work as asphalt workers, and tire, aluminum, steel, or iron factor workers are all at a great risk of exposure to creosote containing products. These people breathe in the vapors and may also be in direct skin contact with solutions, wood that has been freshly treated, mixtures containing the compound, and various other harmful materials. Those who work with wood that has been treated with creosote such as building railroad tracks, fences, installing telephone poles, or building bridges may also be prone to exposure. Inspectors or maintenance workers in these industries are also at risk for creosote exposure.
Coal tar products such as creosotes can enter the body through the skin, lungs, intestines, and stomach. The exact amount that enters the body can vary depending on the amount of contact, such as through skin, water, food, or air, and how much of the compound is present, and how long exposure lasted.
Exposure to creosote or any of the coal tar or coal tar pitch products can lead to minor or serious health issues. Consuming food or water that has been contaminated with a lot of the compound can cause the mouth and throat to burn, and cause stomach pain. Ingesting herbal treatments that contain creosote bush leaves can cause damage to the kidneys or liver. Workers who have reported being poisoned with creosote, as well as people who have either intentionally or accidentally eaten coal tar creosote have found that brief exposure to large quantities can cause skin irritations or rashes, convulsions, kidney and liver problems, mental confusion, loss of consciousness, chemical burns to the eyes, and even death.
People who have been exposed to creosote vapors for a long period of time often report irritation to the respiratory tract. Cancer of the scrotum, as well as skin cancer have also been reported from long term exposure to low levels of creosote or creosote mixtures, especially when coming into direct contact with the skin during treatment processes for wood, to make the wood treatment products, or in natural gas or coke factories. Prolonged exposure to the skin with creosote or soot has been linked to cancer of the scrotum in chimney cleaning professionals.
The International Agency for Research on Cancer (IARC) has categorized coal tar as a carcinogenic substance for humans, and creosote has been classified as a probably carcinogenic substance for humans. The EPA has also classified coal tar creosote as a probable carcinogenic substance for humans.
There are currently no medical tests that can determine if …

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Family Law Attorney

Are You Looking For Foreclosed Homes?

Most investors are rummaging through city MLS listing and websites that offer information on foreclosure properties for sale; after all, with the economy still dwindling; this is one of the most favorable investment options. There are just about a million sites which offer foreclosure listings; however, it is recommended that you choose a reputable establishment so that you can be sure about the reliability of the information. You can also go to Homesales which is a government website that has listings of homes put up for sale b the federal government. The website is very user friendly and you will find that it features an attractive map of the United States that can be used to look foe homes in various states and cities. Also, you will get detailed information about the properties for sale, including an account of the number of bedrooms and bathrooms.
If you like a property, click on it and you will arrive at a page that has additional information about it such a the address, type (residential or single family home), county, As- is value of the property, list price, listing date, property details and the Bid period, if you want to get information about a possible pending contract on the property; look at the ‘bid period’ section of the property. The website also offers information on HOA, FHA compliance and fees.
If you look at the details section, you will be able to gather information on about the condition of the property from the complete Property Conditions Report that is offered on the sites; this report will contain information about the structural soundness, the plumbing and electrical system, the heating and air conditioning system and much more. Anybody can bid on an HUD foreclosure home; however, you will need to consult with an HUD registered agent and a HUD code attorney so that you can submit your offer for a HUD code home. HUD realtors have to go through a formal training program to be labeled as a HUD realtor; the same also holds true for a HUD code attorney, even though, a lawyer does not have to go through a certification process; he will need to have in-depth information about the HUD statutes and consumer right law. You will find that very often a HUD code attorney will also handle cases that deal with defective boats, recreational vehicles and of course trailers.
If you intend to buy a HUD code home; the US Department Of Housing And Development also offers counseling services on practically every aspect of the purchasing process; from information about buying a home to mortgages and other issues that may be encountered in the purchasing process all are discussed in depth. The services are offered to anybody interested in buying a home from the federal government. If you require information about counseling services, you can get in touch with HUD through their referral line at 800-569-4287 or you could visit their website.
Another good place to find foreclosed homes are the MLS services for each state; for instance Texas MLS; if you look for home ion the price range of $3,000 to $25,000; these are bound to be foreclosure properties. They are usually single family homes and if you look at the details of the properties, you will be ale to get information about the realtors for some of these listings and you can get in touch with them and ask them to send you information on foreclosure and HUD code foreclosure homes in your area. Another way is to simply enter your search phrase in Google, and you should see at least a few dozen websites that offer information about foreclosure homes in almost every state in the country.
Finally, you need to understand that buying a HUD code foreclosure home will be very different from purchasing a regular foreclosure property; simple because HUD gives priority to buyers who intend to use the home while investors are usually pushed at the end of the line. Only if a bid is not accepted from a buyer who intends to live in the house, will bids be accepted from investors.…

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Family Law Attorney

The Search For a Good Criminal Attorney

Most Nevada residents can go through their entire lifetime and never have the need of a Las Vegas criminal attorney. However, incidents can happen where you should be consulting an attorney in order to make certain that your rights are protected and that you have the best possible representation. Even if you are guilty of a criminal act, the laws of the United States and the State of Nevada provide for the assumption of innocence unless you are proven guilty.
Finding the right attorney should not be undertaken by drawing a name out of a hat. The attorney should be one who specializes in criminal law rather than other types of legal practice. Only an attorney who has experience in trying criminal cases will be up to date on all the laws and nuances that may help to prepare and present your legal defense.
Obviously, the first requirement of an attorney is that they are licensed to practice law in the state where they are needed. Attorneys must sit for and pass a comprehensive bar exam in order to be accepted as an accredited and practicing attorney in the state. Most attorneys must have some experience in criminal law before they are ready to defend clients in criminal cases.
In order to gain experience in courtroom cases, the criminal attorney may be an associate with a firm and serve in a second chair position for several trials or cases. They may do part of the questioning of witnesses, or provide detailed facts for the first chair attorney. As the attorney gains experience, they may be assigned clients for lower level criminal cases.
In addition to the necessary experience, your choice of a criminal lawyer should be one that you feel personally comfortable in talking about your case. An attorney that comes across as abrupt, harsh, or uninterested in the facts of the case will be one that you may have a hard time trusting. When you contact an attorney, have a preliminary conversation to see how the two of you relate to each other. Large firms may have several junior attorneys that would be able to represent you ably.
With today’s tools on the Internet, you can easily research potential attorneys to be part of your defense team. You can usually find educational background and areas of specialization within the overall criminal law boundaries. Check for membership in the State Bar Association or organizations dedicated to further standards of representation. You can check their websites to determine that the individual you are considering is a member of the bar.
You will need to determine what the cost of the attorney will be. Legal fees can be very steep, depending upon the nature of the crime and how much time the attorney expects to spend working for your case. Some attorneys charge a certain amount to handle all aspects of the case. Other attorneys charge an hourly rate and bill you by the time spend on your case.
When you choose a Las Vegas criminal attorney, you should shop around until you find the one that you can work with. The results of a criminal case could affect you and your family for years to come. Finding the best one possible will be your best hedge against more serious consequences.…

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Family Law

If Your Civil Union Has Ended, It Is Best To Visit A Divorce Solicitor

For the past so many years gay couples in Great Britain have been permitted to enjoy what are called civil partnerships. A divorce solicitor is there to advise you on how to end your civil partnership in the event it appears to break up. It is best to try and get legal support once you discover your union has ended. The grounds for dissolving a civil partnership are usually just about the same as the divorce laws for dissolving a marital relationship and you will need the help of a divorce solicitor to submit your request. Even though the single argument for dissolving a marriage or possibly a civil partnership right now are the irretrievable breakdown of that relationship, you will still need to determine particular information with your divorce lawyer for you to accomplish this. Some of the things that individuals refer to as argument for the irretrievable breakdown of a partnership are generally violent actions, fiscal issues, infidelity as well as perverse sexual habits. Your divorce solicitor will be there to help you with the statement as well as then to set the details in a form that would be satisfactory to the court.
Providing your second half agrees the partnership has irretrievably ended, then you will each have to sign your statement your partner made before your respective divorce lawyers distribute papers to the court. As in a very standard marriage, should your partner doesn’t acknowledge the relationship has collapsed your solicitor might try to encourage the two of you to go for mediation. As a general rule the courts need mediation in cases where one mate disputes the dissolution or perhaps where there tend to be quarrels about finances and also property.
When some type of agreement may be arrived at then in line with the divorce laws in England and Wales, the divorce solicitor will lodge your petition with a legal court. Once the paperwork have reached the hands of the the courtroom, and also based on the number of other cases the judge must deal with, normally it takes from three to six months for any equivalent to a decree nissi to come through. The paperwork regarding the ultimate dissolution of a civil partnership, the decree absolute, should appear about six weeks following that.
Prior to when the judge can grant your application that your civil partnership has broken down, they’ll need a number of details of how any property and money are to be split, as they’d be in a spousal relationship. Your divorce solicitor will be able to assist you with this and also providing you and your significant other can agree on what’s to be carried out regarding joint property and assets, that shouldn’t be described as a problem.…

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Counsel

The Best Tip You’ll Ever Learn About How to Fight a Restraining Order

When a father is trying to figure out how to fight a restraining order as part of the divorce process, he often receives advice from the people around him. His parents, friends, colleagues – plus his lawyer if he’s chosen to hire one to represent him in court whilst fighting a restraining order.

The problem is that a lot of advice is given which isn’t easy or practical to follow. This article has been written for fathers who are trying to figure out how to fight a restraining order, to give them a really good tip which helped me immensely during my divorce (before I won custody of my two sons). I just wish I’d been told about this earlier. The tip is this:

Keep a journal, or two – perhaps for the first time in your life.

If you’re wondering why on earth a couple of journals might help you on your struggle to fight a restraining order, I’ll explain.

Firstly, Journal #1 is a practical thing. And it’s the most important one. In it, you need to record every thought, movement, communication and action that has any bearing on your divorce case and/or the restraining/protection order, along with any paperwork. Examples of the types of things I’m talking about are:

Dates, times of your daily activities

The names and places where you met anyone or talked to

Store receipts

Email communications

Journal #1 should remain factual, accurate, and very brief (just a 5 minute summary before you got to bed each night is enough). This can be a crucial piece of evidence which can help you during your defense in court, because it’s unlikely that your ex will be organised or smart enough to realise what you’re doing.

In my own case, I was able to figure out how to fight a restraining order not through my lawyer (who I ended up firing due to a mix of incompetence and lack of funds), but based on evidence supplied via my own journals, and admitted into the courtroom. For example, a store receipt from two towns over proved that the temporary (ex parte) restraining order violation I was accused of at my ex’s home never took place. I was able to pinpoint the time and date I’d been in the store, so camera records could be requested!

If I’d not kept that receipt, fighting a restraining order would have been much harder.

The second journal you should keep is a private record of your own thoughts on how to fight a restraining order, or your frustration at the divorce or custody case. This is just meant to help you feel less angry (even though it’s entirely justified to feel like that). Just make sure that you put these words at the start of every entry in Journal #2 so that it can’t be subpoenaed as evidence against you if your ex ever gets hold of it:

“To My Attorney, [his or her name]”

I hope the above information has been useful – too many fathers are having to fight a restraining order during custody/divorce cases these days, and I want to spread the word that it IS possible to win 100% custody of your children, if only you make the right moves for them.…

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Free Legal Advice

Essential Steps in Pursuing Your Lemon Claim

There’s this common thinking that when consumers are at the receiving end of a defective and an underperforming vehicle or a lemon, then they can immediately go to the courts. Though this move can be done, it should be remembered that this is not an immediate recommendation if you have a lemon case. The federal law calls for other avenues that should be exhausted before you can call on the lawyers and file a case. Remember, there is no shortcut in getting what is due to you when it comes to ‘lemons’. There are appropriate steps that should be taken, and we list these essential steps:
1. One preparatory thing to do is to document the case. If you notice that you have a lemon in your hands then you need to make a letter and send this to the manufacturer. The letter should outline the issues and the problems encountered by the vehicle. Use the document to ask the manufacturer if they can buy back the car because you found out that this is a lemon. When sending letters, make sure that a return receipt is available for documentation purposes. The manufacturer may provide a call center number, toll-free but don’t rely on this. Put all complaints into writing in order to get better results.
2. Once you sent the mail, there is a chance that the manufacturer will buy back the vehicle in question. But this happens rarely. And if in case your demands fall on deaf ears, then that is the time that you may need to get the services of a lawyer that specializes in lemon law litigation. Another option is to undergo arbitration, but the problem during arbitration is that the manufacturer takes the opportunity to plead and be given the chance to repair the vehicle a few more times.
3. Speaking of the arbitration program, make sure that you check if the manufacturer offers this kind of service. This is often included in the service warranty provided for you. If you think that arbitration is for you and the company offers this alternative, then all the company to ask for an application form and signify your intent to join the proceedings.
4. Before attending the arbitration process, you must collect all related documents that may prove helpful in the settlement of the case. Some important documents that should be collected include the warranty copy, the repair orders and the report detailing the inspections made on the vehicle. Make multiple copies of these documents, and retain one set of copies for your reference. In most arbitration program, you will be scheduled within the next 40 days. Once the meeting has been scheduled, make sure that you attend this. There’s a chance that you may not accept the final decision. When this happens to you, remember that you have other options and these come in the courts of law.
5. The fling of the case should be your last resort. You may need to hire the services of a lawyer that will serve as your representation. The good thing about filing a case is that once you win, your expenses related to filing a case will be reimbursed including of course the possibility of getting a replacement or a refund.
Getting your due in the industry means planning your course of actions. Don’t just jump into one move; plan your actions in order to get the best out of the ‘Lemon Law’.…