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Making a Front Yard Safe

Posted by on Nov 30, 2017 in Landscaping | 0 comments

In terms of walking pathways to and from a house to the driveway, as well as to and from the pool, it would be wise to have one of these pathways, especially if you are expecting young people and/or older folk to visit.  These pathways are practical, not just to help your guests walk smoothly around your yard, but also so that if someone were to fall on one of these pathways, you don’t get sued by this particular person or persons.  Even if this individual happens to be a family member and/or friend, you still run the risk of being sued, if someone falls on your property.  Never assume that you will not be sued and always have a lawyer on retainer, if you can afford it.  But, I digress.  

The simple fact is that, because human beings tend to lose their balance as they get older, older people to fall and break things more easily than young people.  The reverse is true for very young people, who have not yet mastered the art of being fully balanced on their own two feet yet.  So, in order to avoid a tantrum and the wrath of their parents, these Chicago Landscapers suggest it would be best to have both a sturdy concrete path for the old people and a soft patch of grass nearby for grownups to suggest that the children stroll on.  Because telling a child not to do something means that they will inevitably do it, this makes it important to have the grass, so that when the kid inevitably falls and the kid’s parents are angry at you for ‘allowing’ this horrible thing to happen to their little angel, you can safely say that you did everything that you could.  Who knows?  There is even a chance that sheer dumb luck will intervene and, when the child inevitably falls, there’s a chance that the child, at least partially, falls on the nice soft grass, as opposed to the nicely built limestone pathway.  

Speaking of walkways, it is also important to maintain one’s driveway, whether it is a paved driveway or a crushed gravel driveway.  

If the driveway in question is crushed gravel, then the annoying that cars make when they drive on the driveway is fortunately counteracted by the less likely event that, should anyone trip on the driveway, it would cause as serious as an injury if the driveway was made of concrete.  While gravel driveways are much easier to maintain, compared to concrete driveways, concrete driveways offer a more user-friendly experience for drivers who do not like the uneasy feeling of driving on gravel, in addition to the accompanying and always present noise.  Concrete driveways must be maintained, but nowhere near as regularly as gravel driveways, the supply of which must be frequently replenished.  Concrete driveways, on the other hand, very rarely require the occasional hole to be filled, so that people do not trip on them and fall on the very hard driveway, which can, again, lead to the possibility of litigation.  All and all, there are pluses and minuses to every type of driveway, and they can all be accessorized on the sides with nice grass and what not.  

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Elder Woman Owes North Carolina Thousands for the State’s Mistake

Posted by on Sep 2, 2017 in Workers' Compensation | 0 comments

When it comes to receiving disability checks, most people expect to be paid monthly by the government to help financially support them. Nobody expects to have to pay the government for their own disability. Especially if it is for a mistake the state messed up on and it is now your responsibility to pay them back $19,000 to fix their record books for them. If this sounds like a really specific example with some obvious real-world tie-in then your right.

For 74-year-old Carla Shuford, a phone call from the state treasurer’s office changed her life for the next ten years. Apparently the state of North Carolina had been overpaying Carla since 2016 for her monthly Disability Income Plan. There was some math that wasn’t accounted for and the state never deducted her cost-of-living bonuses from Social Security from her disability checks. So what was the state’s answer to this computer error so obviously on their fault? Well, they started to cut Carla’s disability checks by more than half for the next five years to cover their tail. Without budgeting for this Carla will surely be financially hurting for the next half-decade, which is ridiculous. She is not alone either; there are 60 other people who have to face financial hardships because the state treasury department didn’t properly compute their benefits. The craziest thing is that those 60 other people including Carla were all former employees of the North Carolina state department! It really shows some kind of incompetence when a treasury department doesn’t even know how to pay its own employees. In a bittersweet end to the story, Carla was able to change the repayment play so that she has ten years to pay back her surprise debt. This still means that for the next decade she will be receiving only three-fourths of the disability checks she had planned her budgets around.

 It is absurd to saddle an elderly woman with financial struggles for a mistake that she isn’t even involved in. Since Carla’s injury was a leg she had to have amputated when she was 15, the attorneys at Scudder Seguin, PLLC, say that she would most likely be entitled to full disability compensation. That means that she could have lived in relative comfort with monthly payments and still she wanted to work for the state. And the state repays her by making her pay for their mistake. The main problem here is how the treasury department can let such a financial mistake continue and build up for so long.  

Carla says that she is happy that the treasurer’s office is working with the people who have been affected but also feels sad for those involved. Apparently, overpayments are one of the main problems in treasurer’s office as it was flagged in a state audit report. Hopefully, they do more to fix this in the future before more good people like Carla have to suffer.

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Big Money, At What Cost?

Posted by on Aug 8, 2017 in Personal Injury | 0 comments

Reading diverse articles about personal injury laws may help you better assess if you should file a claim or not. Personal injury is a broad term that depends on the context of the people and surroundings at a certain time and day, but it can get more complex as the recovery and pain continues.

In an article on Guns.com, the article navigates the incident and story of Vicent Sheperis, who is a 34-year-old police officer in Stamford, Connecticut. Sig Sauer was named in a $7 million personal injury lawsuit, who was injured when his holstered P320 pistol discharged when it hit the ground. His case claims that his injuries were the result of a defective safety mechanism in the P320 design, which other firearm enthusiasts have been raving about.

Sheperis was injured when his P320 pistol fell as he loaded equipment into a vehicle. His pistol discharged when it made contact with the ground, and the bullet made contact with his leg and knee. The lawsuit explains that the weapon’s internal and external safeties failed to prevent it from discharging and the trigger was incapable of being touched because it was inside a holster. The statement continues to defend by stating that at any point before, during, or after did Sheperis place his finger on the trigger or touch the holstered firearm in any manner. Because of this incident, the Stamford police made the decision to shelve all P320 pistols issued to SRT operators. Controversially, this New Hampshire gun maker has been in the hot seat with the Dallas Police Department. A gun blogger from Dallas published test results showing the gun discharging at a certain angle. The gun manufacturer then issued a statement saying they would offer an upgrade to their consumers. Jeffrey Bagnell, Sheperis’s attorney, claims the gun manufacturer’s rhetoric is a fancy way of “recalling” the product.

After reviewing this article on NBC, it is only fair to assess the reparations that Sheperis deserves. Sig is clearly protecting their brand name by attempting to recall their products and avoid the lawsuit. However, the company sincerely can forfeit $7 million after being awarded with a $580 million contract with the U.S. army. It is heinous and awful that the brand will not own up to their defective products. It clearly shows how little Sig cares about its consumers, and I would rather select a more reputable brand. I understand that mistakes happen and $7 million justifies the injury, but I would look up the word “integrity” if I represented Sig.

While we cannot anticipate personal injuries, it is important to use products that uphold integrity and sell products that are advertised with the best safety and usage to protect our citizens and communities and contact a personal injury lawyer like Munley Law when injured by another party. This incident could have easily hurt another person and these P320 pistols should be recalled.

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Minimizing Child Engagement in Child Custody Cases

Posted by on Aug 5, 2017 in Family Law | 0 comments

Child custody cases are not always pleasant. After all, we are talking about a child here, and custody can have deep personal effects for the parents. According to the website of Higdon, Hardy & Zuflacht, the best interest of the child is the top priority in child custody cases, but of course, each parent will think that the child will be better off with him or her.

Because of the seriousness of the case, the parents may rely on desperate measures – measures that can be detrimental to the child. This is counter-productive, considering that the best interest of the child should be the top priority. The involvement of the child in the case should be minimal, because the child may have negative emotional and psychological responses.

Go for mediation or uncontested divorce

If the child custody dispute is part of a divorce case, you should opt for a divorce that is not aggressive in nature. Contested divorce may require a lot of court proceedings, and these proceedings may need the child to be in court for interviews and such.

What makes this bad is that the child may have the tendency to think that he is the reason why his parents are trying to go their separate ways, or at least part of it.

If you go for mediation or uncontested divorce, you are reducing the involvement of the child in the legal matter, eliminating the risk of this negative emotional and psychological response.

Do not badmouth the other parent

A legal dispute can be very emotional, and the negative emotions can intensify as the disputes stretch through many months. Some parents tend to say negative things about their ex-partners in front of their child, either to let off some steam or get the child on their side.

But a child doesn’t deserve to hear his other parent being badmouthed. Children are more perceptive than we think, in the sense that they know whether what a parent is saying to the other parent is true or not. This can affect the child’s relationship with either parent – the badmouthed parent if the badmouth statements are true, or the badmouther parent if the badmouth statements are not true.

Again, it is best to not involve the child in the dispute.

Do not deny the other parent’s access to the child

If there is no legitimate reason, a parent should not deny the other parent’s access to the child. It cannot be stressed enough that the best interest of the child is the top priority of child custody, and it is the best interest of the child to have access to both mother and father.

However, there are instances where access denial is legitimate, like when the other parent is committing domestic violence, child abuse, substance abuse in front of the child, and child endangerment. But there are instances where parents deny access just because they feel like the child to be their own only, or they like to get back to the other parent by hurting him or her emotionally. Either case can be detrimental to the child’s development.

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Truck Driver Safety Tips

Posted by on Feb 16, 2017 in Truck Accidents | 0 comments

Trucks are some of the most dangerous vehicles on the road. Their mere size and weight make traffic accidents involving them more devastating, compared to compact cars, SUVs, and motorcycles. It is a good thing that the law takes truck accidents seriously.

According to the website of Fall River, Massachusetts truck accident attorneys of the Law Offices of Ronald J. Resmini, LTD., truck companies, drivers, and maintenance providers who have been negligent and have caused truck accidents may be held liable for the damages.

Truck drivers play a significant role in preventing accidents, so safety tips have been written below for them.

Get rest
Before dealing with the factors that may cause accidents, you should first deal with yourself. Get adequate rest to avoid driver fatigue. If you are not rested enough, you have the tendency to be less alert on the road.

Check road and weather conditions
One of the overlooked factors in truck accidents is the condition of the road and the weather. Dangerous road conditions, such as potholes and defective traffic signals, put you at risk of crashing. This is also true for hazardous weather conditions, such as rain, wind, and fog. Before you even travel, be aware if the area has these conditions.

Practice safe loading and unloading
Before you even load your truck, make sure that it is in optimal condition to prevent defects, especially on its trailer. Don’t push your luck and overload your truck, as this may cause too much stress to the trailer and the tires, potentially triggering an accident.

Drive safely
This is the most obvious safety tip for truck drivers. Don’t be careless when it comes to blind spots, curves, and turns. Avoid reckless behaviors such as distracted driving, drunk driving, speeding, tailgating, and dangerous maneuvering. Also, be extra careful at night and on winding roads.

The key to truck accident prevention is realizing that you are not the only motorist on the road. Once you get into an accident, the size and weight of your truck may have devastating effects to other motorists and properties.

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