Accidents happen.  Sometimes an accident could have been prevented – and was caused by the carelessness of another.  When an accident is caused by someone else’s negligence, then the negligent party (the one who didn’t act carefully enough) can be held responsible when a person is injured as a result.    However, sometimes an accident is truly just an accident – it wasn’t reasonably preventable, everyone involved behaved pretty responsibly, etc.  While it might not seem like anyone could be held responsible for an accident that’s “just an accident,” you’d be surprised at how much liability could actually be involved…  Sometimes the owner of property is legally responsible for an accident that occured on his or her property simply because a dangerous condition existed.  Sometimes a product manufacturer is legally responsible for defects in a product that caused harm to someone simply because the product is considered dangerous.  There are many different ways a person may be held responsible for another’s injuries. 

Take a look at LawInfo’s Free Legal Resource Center for more information – we’ve recently updated our section devoted to the issue of “fault” when a person is injured.  Specifically, we’ve added a new video on the topic to help explain this sometimes complicated matter.  To learn more and watch the videos, click the following:

I was injured in an accident… now what?

Who is responsible when a person is injured?

What does the term “liable” mean?

What does the term “reasonable person” mean?

What is negligence?

What is strict liability?

How do you know if you have a personal injury claim?

What financial compensation can I get in a personal injury claim?

Hiring the right personal injury attorney

Wildfires again in the news…    Reminds me of a recent fire scare at a local business here in San Diego.  The company conducted evacuation procedures in accordance with its policies to protect employees from possible injury from a fire hazard.  With the recent fires in the news, I can’t help but wonder how many employers actually understand their legal obligations when it comes to fire safety. 

Under the law, employers are responsible for providing a safe and healthful workplace for their employees – one that is free from hazards likely to cause death or serious physical harm.  With regard to fire safety, OSHA regulations require employers to comply with hazard-specific safety and health standards as issued and enforced either by the Occupational Safety and Health Administration (OSHA) or by an OSHA-approved State Plan. Employers can be cited for violating these laws and regulations if there is a recognized hazard, and they do not take reasonable steps to prevent or abate the hazard.

The problem, though, is that many employers don’t know how to comply with OSHA regulations… or, worse, don’t even know there are rules they’re required to follow!  That’s where I can hopefully help!  OSHA publishes various manuals to help businesses understand their obligations with regard to workplace safety.  While not the official rules, the guides can help businesses in their compliance efforts.  I’ve provided OSHA’s manual regarding Fire Safety below for your reference.  It provides a general overview of OSHA’s fire safety standards and fire emergency protection guidelines.

This comprehensive overview manual from OSHA explains how fire service operations can be influenced by different building features and offers considerations for design professionals that can help facilitate these operations. The manual includes chapters and narratives on building and site design, sprinkler systems, standpipe systems, fire department connections, fire alarm and communications systems, as well as various firefighting systems.   To access the manual, click here.

Learn more about OSHA regulations in LawInfo’s Free Legal Resource Center.  For more information conact an OSHA attorney or a general employment attorney by visiting LawInfo’s attorney directory.

The fight for marriage equality will rage on another day. On Tuesday, May 26th, California’s Supreme Court ruled to uphold the state’s gay-marriage ban, also known as Proposition 8. The 6-1 decision by Chief Justice Ron George rejected an argument from activists that Proposition 8 revised the California constitution’s equal protection clause.

Although the Court also ruled that the 18,000 same-sex weddings that took place before the prohibition passed are still valid and it would be too disruptive to apply Prop 8 retroactively, activists said they would go back to the voting public as soon as possible to repeal the ban.

The California Supreme Court ruled 4-3 last May that it was unconstitutional to deny gay couples the right to wed. Since that time, same-sex couples from around the country came to California to wed before this ruling made its way to the voters during the 2008 election. Consequently, Proposition 8 did pass with a 52% approval. As the fight raged on in California, Iowa, Maine, Vermont and Connecticut legalized gay marriage.

Although the court ruled that the ban denies gay couples use of the term “marriage,” California still allows gay couples to form domestic partnerships and does not “disturb the basic right to establish an officially recognized and protected family relationship with the person of one’s choice and to raise children within the family.”

So what are your thoughts? Was justice upheld today based upon the voice of the voters, or was the decree of our Constitution challenged today and overruled? No matter what side of the fence you stand on this issue, there is a long fight ahead that will impact our country and that of generations to come.

I love eBay…  just love it.  The whole idea of it, the convenience, the opportunities, the company itself… not to mention the bargains!  What you may not realize, however, is that consumer product safety laws and regulations apply to anyone who sells or distributes consumer products.  The laws cover not only products resold at thrift stores, consignment stores, and charities, but also products sold by individuals holding yard sales, through online ads like those on Craigslist, and through online auctions like eBay.  

While you aren’t required to go so far as to test your products for safety, you can’t knowingly sell products that do not meet the requirements of the law.  AND … ignorance of the law is not an excuse! 

The U.S. Consumer Product Safety Commission (CPSC) published a handbook for resellers of used products to help them comply with the law… and help keep unsafe products out of the hands of consumers.

Among the kinds of products you CAN’T resell are the following:

•  Products that have been recalled by CPSC.

•  Toys and other articles intended for use by children, and any furniture, with paint or other surface coatings containing lead over specified amounts.

•  Products primarily intended for children age 12 or younger with lead content over a specific amount.

•  Certain toys or child care articles that contain any one of six prohibited chemicals known as phthalates, which are primarily used as plasticizers.

•  Other products that violate CPSC’s safety standards, bans, rules or regulations or otherwise present a substantial product hazard.

If you end up violating the consumer product safety laws, then you could be subject to a number of penalties!   CPSC may respond in a variety of ways, however, depending upon the circumstances, including the nature of the product defect, the number of products, the severity of the risk of injury associated with the product and the type of violation.

By all means… don’t freak out and stop selling your items on eBay!  Just pay attention to what’s in the news about dangerous or unsafe products (who hasn’t heard about the lead paint issues with kids’ toys), use your common sense, and it doesn’t hurt to periodically check out the recalled products lists.   You might be surprised to learn that CPSC recalls several hundred types of consumer products every year.  Before taking selling a product, especially children’s toys, cribs, and other kid stuff, check the CPSC Web site for dangerous recalled products.  You can search by product type, company name, product description, hazard, country of manufacture and by the month and year in which the recall took place.  Check out recalls at www.recalls.gov and other information at www.cpsc.gov.   View the CPSC Handbook by clicking here.

Remember, if you have concerns about an unsafe product or have been injured by one, contact an attorney in your area today so you can best protect your legal rights.

What’s the picture in your mind when you think of riding an ATV (All-Terrain Vehicle)?  Sunny afternoon, summer, laughing, kids riding ATVs on beach dunes by the ocean?  Or even a rockin’ racing session?  How about riding through an ATV park on trails and hillsides?  Joy, bliss, fun, excitement! 

What you probably didn’t picture, though, is the other side of it – the accidents, the injuries….. the deaths. 

The U.S. Consumer Product Safety Commission has issued a safety alert for All-Terrain Vehicles because too many riders have died or experienced life-altering injuries from accidents involving ATVs.  In recent years, the number of ATV injuries is reportedly in the hundreds of thousands  – and about one-third of all deaths and injuries involve victims under the age of 16.  (See:  ATVSafety.gov)

While riders can certainly take care in observing safety precautions (like wearing a proper helmet, taking an ATV safety training course, avoiding riding with passengers or tandem, etc.), some ATVs may have simply been poorly manufactured.  Click here for a list of the latest ATV recalls.

To help prevent unnecessary injuries and deaths, ATVSafety.gov reports that 44 states have already passed ATV safety laws of one form or another, with each statute tailored to meet the needs of its particular region and constituency.  Click here to learn more about the laws in your state.

Finally, if you’ve been involved in an ATV accident or injury situation, contact an attorney who is experienced in this particular field.  LawInfo recently launched a new ATV Accidents center on its website – check it out: LawInfo’s ATV Accidents web center.   Also, find ATV professionals who can be interviewed as ATV accident reconstruction experts.

By all means, have fun….  just be safe.  And if you get into trouble, contact an attorney to learn more about how to protect your legal rights.

Class action lawyers specialize in lawsuits related to either defective products or other dangerous situations that have caused many people the same or similar injuries.  A class action is filed like any other lawsuit, but a judge must specifically approve the case for class action status.  The class action lawyer then speaks with each potential plaintiff to make sure he or she can participate in the class based on the facts and the way the class is defined. If the class action lawsuit is successful, or a settlement is reached, usually all the people in the class receive a damage award.  While some classes can consist of a large number of members, they usually start with just a handle of complaints…. And as time goes one, additional injured parties are discovered. 

If you have questions about whether or not you could be a part of a class action lawsuit, contact an attorney in your area today!

Learn more by visiting LawInfo’s Class Actions/Hot Topics web center. You can also visit LawInfo’s Free Legal Resource Center to find information on variety of legal topics.

If you’ve just been in an accident, or been injured by someone, you might be wondering whether or not you should hire a lawyer.  If your injuries are very minor, such as a bruise or a little embarrassment, you might not need a lawyer, but it doesn’t hurt to contact one just in case you have a bigger legal claim than you think! 

If you’ve suffered moderate to severe injuries, you should definitely consult an attorney for assistance.  Did you know that in most cases a good attorney can help you get compensation for your injuries without even having to go to court? Most personal injury lawsuits are based on good fact-finding and steadfast negotiation more so than on black-and-white laws. Attorneys know these rules and the tricks other lawyers use to try to get around them.  For instance, do you know which questions the other side can, and can’t, ask you?  Probably not…  But lawyers are trained on these matters and can raise appropriate objections when necessary to prevent you from having to respond when you don’t need to.  While this sounds simple enough, many a case has been won or lost on simple facts.  

Also, when it comes to negotiating a settlement on your own, you will almost always fare worse than if you had a lawyer’s help.  Experienced attorneys know the average settlement range for similar injuries in the courts in your area.  Also, they know how the laws would be treated in your particular case and how such circumstances would either entitle you to more or less than the average award. 

Finally – let the pros handle the process.  Lawyers know the legal process like the backs of their hands.  Usually, you don’t.   So going it alone would be like going from your neighborhood kickboxing class to the boxing championships…    While there certainly isn’t anything wrong with being an amateur, when your legal rights are at stake your odds of prevailing are best protected if you go heavyweight-t0-heavyweight. 

At the end of the day, talk to an attorney in the beginning to figure out how best to protect your legal rights. So schedule an initial consultation – most times they’re free. 

Learn more about accidents and injuries in LawInfo’s Free Legal Resource Center.

Believe me, I know how much pain medication can help when you’ve been injured.  Being able to obtain your prescription over the Internet through an online pharmacy can not only come in pretty darn handy, but undoubtedly makes valuable medications accessible to those who ordinarily are not able to physically go to a neighborhood pharmacy.  The problem, though, is that some of these online pharmacies are legitimate (and legal)… and some are not. 

On the illegal side, cyber-criminals use the Internet to set up phony online pharmacies and illegally distribute controlled substances.  Typically, these illegal pharmacies don’t sell a variety of prescription drugs, but rather almost exclusively sell controlled substances like hydrocodone – the generic drug for Vicodin.   The target consumer isn’t the little old lady in need of her blood pressure medication.  Rather – these companies are out for profit through illegally distributing addictive narcotics. 

Such illegal operations inevitably lead to tragedy.  Take the case of Ryan Haight.  Ryan Thomas Haight  purchased narcotics over the internet.  He had never seen the medical doctor on the Internet who prescribed him the drugs, nor had he visited the Internet pharmacy that mailed him the drugs.  A few months after ordering those drugs, Ryan Haight overdosed and died on February 12, 2001.  He was only 17 when he purchased them… and just barely 18 when he died.

According to the US Department of Justice website, a lot of people don’t realize that many of the drugs you can buy on the Internet are counterfeit and often are manufactured in other countries. Some of the prescription drugs are apparently even heroin-based so buyers become addicted to them and continue to purchase more.

After years of lobbying Congress for stricter laws, we now have the Ryan Haight Online Pharmacy Consumer Protection Act of 2008, which goes into effect Monday, April 13. These regulations apply to the sale of controlled substances, not other medications, and are intended to prevent the illegal diversion of controlled substances.   The regulations are not intended to hamper legitimate online pharmacies, but to crack down on the illegal ones.   The statute adds several new provisions to the Controlled Substances Act (CSA) including:

• New definitions, such as “online pharmacy” and “deliver, distribute, or dispense by means of the Internet”;
• A requirement of at least one face-to-face patient medical evaluation prior to issuance of a controlled substance prescription;
• Registration requirements for online pharmacies;
• Internet pharmacy website disclosure information requirements; and
• Prescription reporting requirements for online pharmacies.

If you’ve suffered an injury after taking a drug you ordered online, or if you have more questions about this matter don’t hestitate to contact an attorney.  The doctor who prescribed those drugs to Ryan Haight was held liable in court to the family for his participation in the illegal online pharmacy.  Contact an attorney in your are to learn more about your legal rights and the laws that protect you.

For more information, you can read the DEA Press Release.

Colorado shoppers will be able to keep using plastic grocery bags after lawmakers stopped what would have been the nation’s first statewide ban on plastic grocery bags. Lawmakers successfully lobbied that the ban would lead to increased use of paper bags, which take more energy and money to produce, and take up more room in landfills than plastic bags.

However, bill sponsor Sen. Jennifer Veiga believes there was political, and personal, motivation behind the decision as well. “No other states have passed such bans yet and I think Colorado lawmakers were wary of being the first. Also, I have been contacted by constituents who didn’t want to have to give up their plastic bags.”

Lawmakers in several other states such as Hawaii, Missouri, New Jersey and New York are considering launching similar bans on plastic bags this year. And nine other states are considering adding fees to plastic bags, ranging from 3 cents in Vermont to 25 cents in California.

Veiga claims that plastic bags pose a bigger problem than paper ones “because they’re used more widely, they’re made with petroleum products, and they aren’t recycled as much as paper.” Sen. Ted Harvey said the bill’s intentions are good but said banning plastic bags wouldn’t help the environment.

“Human nature says that people will go toward the most convenient product, and that is the paper bag,” said Harvey.

San Francisco has passed a plastic bag ban, and plastic shopping bags will be banned from stores in Los Angeles beginning July 1, 2010. Shoppers can either bring their own bags or pay 25 cents for a paper or biodegradable bag.

So what are your thoughts on this issue? Paper or plastic?

Garment workers, manufacturers and small-business owners gathered in front of Macy’s flagship store in New York Tuesday to protest a new anti-lead law they say will cut their jobs and devastate wide-spread retail profits.

The Consumer Products Safety Improvement Act of 2008 requires that all items sold for use by children under the age of twelve, including clothing, toys and other products, must be tested for lead. Congress passed the act after the U.S. recall of millions of lead-containing toys imported from China.

But this new act does not come without major concerns. Tuesday’s protest was organized by the Coalition for Safe and Affordable Childrenswear, which represents hundreds of manufacturers and family business workers. The coalition says the new rules would cost thousands of jobs and drive companies out of business.

Coalition members said manufacturing practices have already changed to comply with the new law, but they are asking Congress to ease a provision that will retroactively force them to pull $500 million worth of possible lead-containing products from shelves.
In passing the act, Congress had asked the Consumer Product Safety Commission (CPSC) to come up with specific methods on how and by whom products should be tested and certified to be lead-free. But the coalition says up until now, there have been no definitive regulations set in place to execute this.

“Until regulations are set in place on how to do the testing and certify that something is lead-free, retailers won’t risk putting anything on their shelves that could contain lead, thereby halting the demand for thousands of products, and cutting manufacturing jobs in the process,” a spokesperson for the coalition said.

Steve Levy, of Star Ride Kids sportswear, said the coalition is not asking for special treatment or government bailouts. “All we are asking for is some common sense. At the exact moment when Congress is debating a $900 billion economic rescue bill, it should be looking for every opportunity to create jobs, not kill them.”

It is true that the economy is facing its worse financial crisis in history, and that every job this country can sustain is critically important. However, what is the lesser of two evils in this situation? Keeping jobs and businesses afloat, or keeping health regulations in check and making sure toxic products do not end up in the hands of our children? Although it is clear that the coalition, Congress, and the CPSC all want to arrive at a place where lead-containing products are not released into the marketplace and manufacturing jobs aren’t threatened in the process, until that time, whose side are you on?

For more information on the Consumer Products Safety Improvement Act of 2008, visit the CPSC. To learn more about the Act’s predecessor, the Consumer Product Reform Act of 2007, click here, or visit LawInfo’s free legal resource center for more CPSC legal news.