How does the California Law Defines Product Liability - News-and ...

By : Rainier Policarpio
In California law, products liability is defined as the accountability of all the responsible parties engaged in the production or manufacture of certain goods for any harm or damaged brought about by the said products. The parties that may be held liable include the producer of the component parts, the product assembler, the wholesaler and the product retailer. Usually, the products that contain any intrinsic defect or manufactured without following the accepted standards can be subjected in a product liability lawsuit if it has caused harm to the customer or end user. Generally, products liability covers tangible things such as food, appliances and equipment. However, this has extended to include the following:

 Intangibles: gas
 Naturals: animals, plants
 Real estate: houses, buildings, dormitories
 Writings : maps, navigational chart

Furthermore, the U.S. states have ratified various provisions to deal with products liability. Depending on the state where the cases happen, products liability actions are based on neglectful acts, strict liability or warranty violation. On the other hand, the Department of Commerce has developed a standard outline for products liability law, the Model Uniform Products Liability Act (MUPLA), which can be utilized by the states.

To have a good products liability claim, the injured victims must be able to prove the defects on the product. These include design defect, manufacturing or production defect and marketing defect. Defects that are inherent or present on the product even before it has been assembled are deemed design defects. For example, a chair design with thin leg to support the weight of a person can be risky to use. Meanwhile, manufacturing defects depends on the assembly or production of the goods; whether the workers follow the standard procedures or not. Finally, marketing defects imply the failure to indicate the hazards of the product or giving the customers incorrect instructions on how to use the item.

Normally, “strict liability rule” applies in a products liability case. Here, the accountability of the defendant does not rely much on the level of safety or caution that he or she performs but rather on the product defect itself. Hence, if the product defect is indeed the reason for an individual’s affliction, the defendant should pay damages to the victim.

As we can see, the law regarding products liability has many intricate provisions and complicated rules. Thus, most of the injured victims appoint their respective product liability lawyer to guide and represent them in pursuing their cases. A notable and experience legal counsel is proven to be an asset in any legal undertaking. He or she can also assure the claimants of having increased chances of obtaining favorable verdicts and bigger amount of compensations.

For more information about Product Liability, visit our Expert Los Angeles Attorneys

Panama Banking Law - Business

By : sverdlow
Panama Banking Law
The Panama banking legal structure has some excellent features for an offshore banking jurisdiction and tax haven which Panama certainly is in addition to being a retirement haven. Our law firm will discuss some of these points of law to help a prospective investor better understand the workings of the Panama Banking System.

Panama Superintend of Banks
This position was created when Panama revised its banking laws for the betterment of Panama as an offshore tax haven. The position is a judicial personage and was created to be independent of the other components of the Panama Government. The Superintend of Banks was enabled to have its own separate funds from the central government and is allowed to administer its own agent autonomously from the rest of the government. The Superintend of Banks is responsible to the Panama Constitution, Banking Laws and the General Comptroller of Panama. It is relatively free of interference by other parts of the Panama Government.

Panama Superintend of Banks Responsibilities
They are as follows: Issuing the licenses to banks operating inside of Panama, regulating the banking sector of Panama which includes other non-bank regulated financial businesses, the right to do a bank reorganization, liquidation or in some way restrict, supervise or control the operation of a bank in distress, give approval to banks merging together or acquiring other banks in Panama, and in general controlling itself and the banks and other licensed entities under its supervision. Since the Americans left on 12/31/1999 there has been one bank failure in Panama and the troubles would have begun before 2000.

Panama Banking Licenses
The following describes the different types of banking licenses available in Panama.

Panama General Banking License
This license requires a $10,000,000 paid in capital (think cash deposit with the Government of Panama) and is a full banking license enabling to bank to have both onshore and offshore clients.

Panama International Banking License
This license requires a $3,000,000 cash deposit with the government of Panama. This license could be referred to as an offshore banking license and only enables the bank to conduct its activities with offshore entities although the bank itself is in Panama. It can not do business with Panama Corporation, Panama Foundations and Panama residents or citizens.

Panama Foreign Representation License
This is a license enabling a foreign bank to operate in Panama. They must have the permission of the banking authorities from their home country. This has a $10,000,000 paid in capital requirement which may not need to be kept inside of Panama.

Panama Bank Legal Prohibitions
Licensed Panama banks can not do any of the following:

* Panama Banks may only make payments or dividends through shares after having complied with any and all requirements for minimum capital and have reserve levels met for amortized or delayed expense accounting entries.
* Panama Banks can not loan to any one entity be that a judicial or natural personage, any line of credit greater than 5% of the total deposits and capital of the bank.
* Panama Banks can not lend in an unsecured way and loans or lines of credit exceeding 15% of their capital. Or exceeding 25% of their capital in regards to secured loans, to any of the banks directors, or to a judicial entity where one of the directors is an officer of the lending bank or a director of the lending bank. The same applies to banks managers, officers, employees and their spouses with the exception being secured real estate loans for a personal residence.

Smythe Bradley is an expat living in The Republic of Panama. He has published many articles on offshore asset protection in panama, panama visas and residency, as well as many other expat issues.

The Secret Law of Attraction - Attraction

By : John Perozzi
Well, it’s not really that much of a secret anymore. Many of the cast members of the movie “The Secret” have been on “The Oprah Winfrey Show,” “Larry King Live,” and “Ellen.” But what is it really?

There are two ways to look at this. One is the way I first learned it and it goes something like this:

We have all heard about goal setting and how it is a great way to get what you want. To do this you have to become crystal clear about what you want, and the more why’s you can attach to your wants, the stronger your desire to accomplish them. This school of thought says that opportunities are all around you at any given time, and you simply don’t see them because you’re focused on getting the kids to school, doing your job well, balancing your checkbook, etc. In other words: every day life.

But have you ever had a headlight in your car go out? Did you notice how many other cars on the road also had a headlight out? This is a part of your brain called the reticular activating device and it helps you to focus on specific things. The truth is there are no more cars on the road with one light on than there were before, you’re simply noticing them.

Want another example? Have you ever decided to buy a certain car then notice them everywhere you went? Same thing.

So, by becoming very clear on the things we want and focusing our attention on them, we start to see things that were there the whole time but went unnoticed because our subconscious mind didn’t know to look for them. And all kinds of opportunities, resources, chance meetings, etc. start to happen for us that move us toward our goals.

This works. I’ve done it myself.

The other school of thought is the quantum physics angle. Don’t nod off on me. This is actually quite fascinating.

According to physicists the subatomic world exists as a wave of probabilities until they are observed (by us). The moment of observation they move from being a probability to becoming a “reality” (very loose word in the world of quantum physics). It’s like the old philosophical question of the tree falling in the woods. According to this field of science, not only does it not make a sound, it doesn’t even happen.

Okay, I went too far. Please stay with me.

All of these subatomic particles are really little packets of energy. That means that literally everything you see is made up of this same energy. And although you might not be able to see them it doesn’t mean they’re not there. Just as some animals can see infrared light, or hear sounds we can not, (both of these being examples of energy), there is other energy out there we are not aware of.

Again, by focusing our thoughts (energy) on what we desire we are literally sending a vibration out into the world. And what we are attracting back are things with the same vibrational frequency as our dominant thoughts. We are attracting everything into our lives, hence the name The Law of Attraction.

This works too. I’ve done it.

Which isn’t really surprising. Either way you choose to look at it it will work for you. All you have to do is become very clear about what you want, believe and expect that you will receive them (the more why’s, the better), and then get out of your own way and allow them into your life.

Be careful what you wish for, you just might get it!


About the Author:

John Perozzi is a real estate and internet marketing entrepreneur. Having studied success for 20+ years he saw a recurring theme. Successful people know exactly what they want. After seeing the movie The Secret he saw an opportunity to help spread the word that we are in charge of our own lives and we can make them into whatever we desire. His website http://www.thesecretlawofattractionrevealed.com is a collection of resources on the law of attraction. Remember, it's your life, make it one worth living.

No to Labor Law Violations - Careers-Employment

By : Lala C. Ballatan
All major corporations in every country all over the world are the ones which are labor-intensive. Due to the large number of employees and workers in such establishments, labor issues are rampant. The sad fact is that, it is also where most labor law violations are intensified.

These corporations are so consumed with accumulating huge productions and high profit but fail to give necessary attention to the people who strived to attain such goals. Ironically, as corporations continue to become successful and profits skyrocket, they flagrantly forget to give due credit and recognition to their employees and workers who were the main force in achieving their success.

Instead of receiving more employment benefit packages as reward for attaining high quota, employees find that their legal rights as workers, basically stipulated in state and federal labor laws are being violated. Instead of a higher income, they find themselves confronted with a scheme that pinched their salaries and long standing benefits.

In order to take steps to correct such injustices, the employees themselves need to act on it. Instead of bearing with the unfair labor practices and labor law violations they encounter, they must fight back.

An example of employee’s united stand against violation of labor laws had glowing results. In a recent ruling by a Philadelphia jury, the mega – corporation Wal-Mart was declared to have committed gross violation of state labor laws. Wal – Mart was penalized heavily for this, amounts to $78.5 million. Furthermore, after the jury ruled that the Wal-Mart company acted in “bad faith” towards the case, the plaintiff’s attorney also sought for an additional $62 million.

The class-action suit involved almost 200,000 employees and “have-been” employees of Wal-Mart and Sam’s Club. They may stand to win up to $140.5 million.

It appears that Wal-Mart has a long list of labor law violations but the issues highlighted in the lawsuit were the avoidance of paying legally required overtime and the reduction or complete disregard of employee’s right to breaks or rest.

A lady – employee who was the lead plaintiff in the lawsuit related that she was assigned to work in any department for 8 – 12 hours every month in keeping with the pressures of Wal-Mart management but was unpaid for it.

The hard-won victory of Wal-Mart employees against the violations of its management is an admirable feat. It should be an inspiration for other employees of giant corporations that are assiduously avoiding workers’ rights.

The time has come for these corporations to take a beating for violating their employees’ rights and the state and federal government as well. They must know that employees are the pillars and life support of their companies and it is high time to give respect and recognition due for them.

Our Professional Los Angeles Lawyers are expert in handling href="http://www.mesrianilaw.com/Personal-Injury.html”> Employment law cases like Labor Law Violation.

Leave Your Child Alone In Your Car, Get Punished By The Law - Cars ...

By : terry
Let’s go back to the basics of vehicle and auto safety. Remember that tip that you have been told about leaving your children? You have been told not to leave your child in your car or even just around your car for just a couple of seconds. This may seem to be absurd for you however it is important to know that many things could happen to children in those few seconds that you were gone.

In Pennsylvania, Governor Edward G. Rendell has just recently signed the legislation that would amend the Pennsylvania Vehicle Code. This new code has been created so as to help improve safety of all motorists. It also is aimed towards protecting even the youngest citizens – children – which is certainly a very good thing.

According to this governor, “Leaving a child in a vehicle unattended is unacceptable. Anything could happen within a few minutes of being left alone. This new law works to protect our most vulnerable and it makes sure that people understand it is not okay to leave any child in a vehicle unattended – no matter the situation.”

This, in essence, is very true. Just keep in mind that you may simply think that nothing could happen to your child if you leave him or her unattended for a couple of seconds while you pickup the latest Dodge Neon performance parts you ordered. But you would simply never know what could happen.

Now, under this new legislation, the House Bill 804, if you leave your child unattended in any kind of motor vehicle, you are going to be punished by the law. As the driver of the vehicle, you will have to face an offense for such. But keep in mind that if you leave three children unattended in the vehicle, you would have to face three separate offences. With this, it would be much better if you took your children with you even if you are going on a quick trip to pick up some important things. Better than leaving them alone and getting yourself punished by the law.