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.
Thursday, January 3, 2008
Leave Your Child Alone In Your Car, Get Punished By The Law - Cars ...
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Wednesday, January 2, 2008
Introducing, the Tort Law - Careers-Employment
By : Lala C. Ballatan
Have you experienced acquiring physical injuries along with tremendous hospital bills for treatment and other various costs through no fault of your own? Suffering from injuries is bad enough, it is worse if you acquired it as a result of negligence on the part of a person or group. Well, fret no more, you can file a lawsuit and charge the person or persons responsible for sufficient compensation.
How do you go about with this? First, you have to understand the personal injury or tort law. This is a branch of civil law protecting the rights of a personal injury victim to claim for damages from the responsible party/parties. In filing a personal injury lawsuit, the lawyer refers to the personal injury law to establish his or her client’s case.
According to the personal injury law, the plaintiff is the direct victim of an alleged wrong. However in wrongful death cases, the loved ones of the victim are the plaintiffs. Meanwhile, the defendant is the person or group believed to be legally responsible or accountable for the injuries sustained by the victim.
As generalization, personal injury lawsuits intend to claim sufficient compensation for the injured party or the plaintiff. This kind of cases also serves as sufficient warning to the responsible party or the defendant to refrain from repeating the behavior or practice which caused the injury.
Personal injury lawsuits have specific guidelines that vary depending on the state where the suit is brought up. There are also other circumstances which contribute to the varying decisions with regards to this kind of case.
In building up a credible personal injury case, the liability and damages are the main elements needed to be brought to light. It is the plaintiff’s obligation to prove the liability or legal responsibility of the defendant for the injuries. Aside from this, the plaintiff also need to present the extent or amount of injury or loss, which is referred to as damages, incurred due to the defendant’s negligent action.
In determining these two main elements, there are three legal bases to establish.
Intentional wrong – the defendant is aware or intended to inflict the injury to the plaintiff. However, this basis is least often used. In case this situation arises, it can be brought up also with criminal charges
Negligence - the defendant is accused of being responsible for the injury because of failure to prevent it. Personal injury cases involving situations like slip and fall, reckless/inattentive driving resulting to car accidents are qualified for a personal injury lawsuit based on negligence.
Strict liability – the defendant has legal responsibility in creating a situation or producing a product which caused injuries to the plaintiff. Making or releasing defective or unsafe products is a perfect example of personal injury case based on strict liability. As long as the product is used by the plaintiff as it was intended to be used and suffered injuries from it, the strict liability applies even without the basis of malice or negligence.
Even before formal courtroom proceedings, most personal injury cases already get settled. Cases that actually go into trial in court are either heard by a judge or a jury in determining the extent of damages and liability for it.
The amount of money to be awarded to the plaintiff as payment for damages is determined by either the judge or the jury. Some payments for damages amount up to millions of dollars.
If you have grounds to believe that another person or a group is liable for your injuries, then you may go file for personal injury claims lawsuit. Evaluate your case carefully with the help of an experienced personal injury attorney as soon as possible.
There is a limited amount of time given in filing of personal injury cases. However, the statute of limitations varies from state to state. By knowing the strengths and weaknesses of your case, you may determine early on if your case is winnable enough to be worth of all the effort.
Our Toxic Tort Lawyer are expert in handling Personal Injury Claims
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5:49 AM
Squeezing The Lemon Out Of The Lemon Law - News-and-Society
By : attorne@gmail.com
Aimed at protecting the consumers, the California Lemon Law gives the consumers within the state a legal right to return defective vehicles to manufacturers for a full or partial refund, if the vehicles are still found to be in need of repair after a reasonable number of attempts at repairing.
In order for the Lemon Law to apply, the vehicle needs to be under the original manufacturer's warranty, have had four repair attempts at the dealership (or two if the problem causes serious injuries or fatalities), or been in for repair for the same problem for over 30 days, at which time the vehicle many be returned to the manufacturer for full or partial refund plus incidental expenses. The vehicle’s issues must greatly diminish it's safety, value, or usability
Manufacturers never like to buy the vehicle back due to the costs involved. At times manufacturers try to claim that the warranty does not apply, arguing that the owner made improper use or changes to the vehicle. If you are proved to have voided your warranty, you will lose a Lemon Law case.
When you purchase a new vehicle, it's wise to use the following guidelines:
1. Precisely follow the suggested maintenance schedules. (You do not have to take your vehicle to a dealership for routine maintenance; you should, however, take the vehicle to a dealership to have all warranty repairs performed.)
2. Even if the garage made no repairs, keep the receipt. If you are doing your own engine work like changing oil, please retain all buying receipts with you.
3. You should take your vehicle to the dealership straightaway if it is not behaving correctly. Your rights under your warranty may be forfeited if the problem worsens due to not being recognized.
4. Never alter the stock vehicle configuration with non-stock parts. Van conversions are a potential problem because after they are converted, they are no longer considered stock.
5. Don't try to use the vehicle for any purpose other than what is intended, such as trying to haul a huge boat with a tiny economy car.
6. A continuous problem needs to be reported to the dealership's service manager and the manufacturer's rep in writing.
Furthermore, getting into a car wreck will sometimes void aspects of a warranty. For instance, if your suspension is damaged in an accident, suspension problems that occur in the future are not likely to be covered under the Lemon Law.
Even though they dislike repurchasing their own products, vehicle manufacturers will generally be persuaded to go along with the purchaser if the automobile really is a Lemon according to the Lemon Law. By using these tips, you can improve the chances of a successful Lemon Law case, and not be left puckering with a sour taste.
About the author:
Barry Edzant, one of the more experienced Santa Clarita personal injury attorney, has emphasized lemon law cases for the last 10 years. Barry understands the nuances of the Ca lemon law and additionally can help those with other personal injury claims such as those seeking California dog bite lawyer.
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