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Each year, millions of people are being harmed by defective products. A defective product is a product that causes injury or harm to a person. A product may be considered to be defective for many different reasons such as design defect, failure to warn, failure to guard, unfit for intended use, defect in construction, or a defect in materials. With this, defective product claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based.

No matter how big or small, you must file your defective products claim and see what your legal rights are. Basically, liability and damages are two important elements in every defective products law case. A liability involves demonstrating that the person being charged did bear responsibility for the injury. The damages, however, refer to the extent or amount of injury or loss that was suffered on account of the defendant’s actions or negligence.

Know what, defective product cases require extensive resources and experience. Expert witnesses can cost tens of thousands of dollars just for an initial evaluation. Not every lawyer has the resources or connections to utilize the top experts. In addition, product liability cases require originality, creativeness, fortitude and the resources to cover the high expenses involved. Representing injured parties is often expensive for attorneys because they put up large sums of money on these complex cases in order to hire experts, take depositions, gather evidence, and oppose the lawyers of large companies and insurance firms.

Upon winning the case, you are entitled to compensatory damages such as your medical bills incurred as a result of the product defect, reimbursement for any time lost from work, and property damaged as a result of the defective product. You are also entitled to damages for pain and suffering you experienced as a result of your injury. If you are married and the injury has affected the relationship with your spouse, you may be entitled to loss of consortium damages. Your spouse may also be able to recover these damages, even if he or she was not directly injured by the product.

Indeed, to avail the service of a competent counsel is the best way to protect your interests if you have been injured by a defective product. So, if you or your loved ones have been injured because of what you believe is a product defect, you should consult a defective product lawyer at the earliest opportunity to protect you right of recovery. Through an attorney, you’re assured that a thorough search will be performed to locate and then sue all the proper parties if a lawsuit seems justified.

Simply speaking, in every defective product claim, if it wasn’t your fault then someone must be held responsible, and if you’ve been injured then you may be able to recover compensation.

For additional legal information and inquiries about the article log on to http://www.attorneyservicesetc.com

There are many misconceptions about notaries public. Those faulty thoughts can lead to conflicts between you and a notary. If you follow these simple guidelines, you will not be disappointed.

Don’t ask the notary public for legal advice. We are not allowed to give legal advice. When you are signing documents related to a tax shelter, you might be tempted to get one last opinion. Don’t ask for mine, because I will not give it to you. Speak to your lawyer, your accountant, your sister-in-law, but not the notary whose sole purpose is to notarize your signature on the documents.

Don’t ask the notary public for other advice either. You might want to ask my opinion about how your divorce agreement stands up to others I have seen, but I will not answer that query.

Don’t ask the notary public to use the notary seal on a paper that will be signed later. A notary can only notarize a document signed in his or her presence by a person who is either personally known to the notary or who has produced an acceptable form of photo identification. There are some exceptions for those who have no photo identification, but those are handled differently in each state. No state, however, allows a notary to affix the notary seal to a document in the absence of a person who will sign it later.

Don’t ask the notary public to perform a function that is not within his or her responsibility. In Florida, for instance, a notary cannot notarize a birth certificate.

Above all, don’t ask the notary public to bend the rules. Notaries exist to protect your rights. The rules that have been established, even though they might appear silly to you, are necessary.

Feel free to ask questions during your time with the notary, but don’t be offended if he or she refuses to give an answer to some of them. Your notary is not a lawyer or an advisor. I can give you advice as a friend, but once you ask me to act as a notary on your behalf I will no longer be able to offer my opinions.

Copyright 2006 by Marc Seligman

Dr. Marc Seligman is a notary public in Florida specializing in providing notary services to nudists and naturists living or vacationing in the Sunshine State.

The website http://www.NudeNotary.com offers more information about the functions of notaries in Florida.

Perhaps Walter Williams and I are the only two people on earth who can see the hypocrisy of insider trading laws. I somehow doubt it, though. Williams wrote a column about a year ago, lambasting these laws and I’m going to pick up where he left off. These laws run counter the notion we accept in every other aspect of society that life is unfair. In every facet of life, there are people who have access to advantages that others do not have. However, we don’t attempt to make these advantages illegal except when it comes to insider trading.

I’ve often heard the argument that it is not so much about fairness as it is about trust of the system, i.e., that people will not invest their money knowing that others have advantages they don’t have themselves. Baloney! The advantages people have in other things do not cause those without these advantages to not participate. I will cite several examples to show how the lack of similar laws in other aspects of life does not cause any real problems. They will also show how hypocritical it is to create special laws just for the world of investment and not apply the same logic anywhere else.

Let’s look at fraternities, sororities, and other private clubs and organizations. It’s completely legal to join them even though many of them are exclusive in nature and do not allow just anyone to join. Of course, this right is covered by the freedom of association guarantees in the U.S. Constitution. However, being a member often gains a person access to benefits that he or she wouldn’t have by not being a member. One of these benefits is access to desirable high-level positions within major corporations. Many of these positions are not available to non-members. That’s not fair but I have yet to see a law against it. Despite that, people still apply for good jobs within corporations every day. They don’t sit on the sidelines and not apply just because they believe the insiders are getting all the best positions.

What about inherited wealth? It’s not fair for someone to take advantage of their inherited wealth when most people don’t have this kind of access. However, it’s perfectly legal. Many people with inherited wealth have a brand new car given to them as soon as they are old enough to drive. They have their college tuition paid for. They usually have a nice cushy job awaiting them when their college days are over, regardless of how well (or poorly) they performed academically. They don’t even have to work at all if they don’t want to. How can this be fair when many other people have to work for everything they get? Until there are laws against it, everyone else will refuse to go to college, work, or pay for anything they get, right? Wrong! Most people realize that there are people with inherited wealth who don’t have to work for anything. People accept that as a fact of life and go on with their lives. They go to college (for which they have to most of the tuition themselves), go to work, and pay their bills every day. Life goes on and no fairness laws are needed here.

What about people who are attractive and/or have charming personalities? Having these assets is just fine, but it’s unfair for people to use them for personal gain when others like me, who are ugly and blunt, don’t have this privilege. However, I’ve never heard of any attempt (in this country anyway) to make a law against using good looks and positive personality traits to one’s advantage. People use these assets to help them land desirable jobs and work their way up the corporate ladder. They use these assets to help them win friends and get favors the rest of us can’t get. They use these assets to attract higher quality mates than those of us who are lacking can attract. How does this make the rest of us feel? It makes us feel so discouraged that we never apply for a job, attempt to make friends, or perform any normal daily activity, right? Of course not, that would be silly. We go on with our lives just like the folks with the good looks and charming personalities. We are not going to sit out on life, waiting for laws to be passed to restrain all the pretty and charming people from getting a better deal in life.

I could go on and on, of course, but it seems to me that if insider trading is illegal because of the unfairness aspect, we ought to outlaw all other forms of unfairness as well. Sure, insider trading is unfair and very unethical. However, I doubt that the lack of laws against it would cause the markets to collapse. Other areas of our daily lives have not collapsed under the weight of unfairness that legally occurs every day. Also, when we outlaw some forms of unfairness while ignoring or even encouraging other forms of it (some of which are just as unethical), isn’t that in itself unfair?

About The Author

Terry Mitchell is a software engineer, freelance writer, and trivia buff from Hopewell, VA. He also serves as a political columnist for American Daily and operates his own website - http://www.commenterry.com - on which he posts commentaries on various subjects such as politics, technology, religion, health and well-being, personal finance, and sports. His commentaries offer a unique point of view that is not often found in mainstream media.

terrymitchell@verizon.net

Buying a new car is work. With so many models to choose from and so many options to pick, it can be a long and drawn out process even before the endless amount of papers are signed and you drive away from the lot.

Your car is new, under warranty and you’re hoping that you’ll be enjoying it for a long time, right? Well, unfortunately, that is not always the way it works out. For some of those unlucky few, their new car will turn out to be a lemon. Not all hope is lost, though. All fifty states now have on their books some version of the new car lemon law that is there for you if you find you need its protection. Your job is to know how to use this law to the best of your ability.

Although the new car lemon law may have differing provisions from state to state, the basic principle of the law is that it protects the new car buyer (that’s you) from purchasing a lemon and being stuck with no options.

The first thing you need to do is figure out if you actually have a case. By doing some research on the laws in your state or hiring a lemon law attorney, you can find out easily enough if your particular situation meets the law’s requirements. If it does, there are some steps that you will need to be diligent about taking so that the law works for you, as it should.

First and foremost, for the new car lemon law to work for you, you need to have everything in writing. Document every repair, every conversation you’ve had about repairs, and obtain and keep every invoice from these repairs. In most states, you need to be able to prove that your car was out of service for at least 30 days out of the year for the law to take effect. Without documentation, this can be very tricky to prove.

It is important, however, to continue to pay your scheduled payments on the vehicle even if you are in the process of using the new car lemon law. The last thing you need is to ruin your credit on top of everything else. This process will take time and can be very frustrating, but keep at it. The end result may be worth the effort.

By
Ray Walker
Lemon Law Information

An auto accident is one of the leading causes of death in the world. It can happen due to several factors. When a car’s driver is drunk, his state can actually lead him to a serious accident. Alcohol intake makes one dizzy and sleepy that’s why he might end up in this incident. Also, people who don’t wear seatbelts can probably get into many accident fatalities. And worst, thousands of innocent pedestrians are killed in these accidents each year. And when you or your loved ones have been involved in such accident, you can ask for assistance from an auto accident lawyer if you plan to file a claim.

With your auto accident attorney, you can explore your legal options and know the most appropriate action you can take. This will help protect your legal rights, too. Basically, an auto accident lawyer will make sure that you’ll receive the benefits that you truly deserve. Another good thing about these lawyers is the fact that they can actually evaluate you lawsuit with any charges. You don’t have to spend even a single penny during the evaluation of your case till the court proceedings. When you win the case, that’s the only time when your attorney will ask you for service charges.

An exhausted driver behind a wheel can cause death or serious injuries to you and your loved ones. If this happens, don’t let you or the people you love suffer from their misdemeanors. Reckless drivers have to be held liable for their actions. Definitely, you have the right to receive proper compensation for the physical injury, emotional stress, medical expenses, financial instability, and many other dreadful effects that the auto accident has caused you. It is possible for you to receive benefits that will cover medical expenses and damages for pain and suffering. You can find your auto accident lawyer in your area and you can easily find him through the Internet.

As we all know, an automobile accident with large trucks and tractor trailer can cause personal injury, permanent damage, or even death. In such case, there are many things that might happen to the car’s passengers: the head or neck can be thrown in a windshield, the hip or knee can strike a dashboard, and interior organ can hit the interior surfaces of the body. They can also be driven out of the automobile and can bounce around it if the impact of the collision is really strong. After all, an injury caused by a car accident can really be serious. Therefore, the need for a competent legal counsel is really necessary in automobile accidents.

About the Author

For comments and questions about the article, you may visit http://www.mesrianilaw.com

The drug Lorazepan is marketed under the names Alzapam, Ativan, Loraz, Lorazepam, Intensol. Ativan is the safest form of this type of drug because it has less of an effect on the liver than other benzodiazepines, which means that a patient can take it in conjunction with other liver affecting medications like birth control pills, anti-abuse drugs, propranolol, and ulcer medications. However, Ativan also has dangerous side effects. If you or a loved one suffer from any of these harmful side effects, stop taking the drug immediately and contact both a doctor and a lawyer. Drugs are meant to improve your health and wellbeing and if Ativan threatens you or makes you sicker you have a right to take your injuries to court.

Ativan is a mild tranquilizer with many different applications, and depending on how it is used it can cause different side effects. Ativan is commonly used to relieve anxiety, to calm manic schizophrenics, and as an intravenous pre-surgery relaxant. Ativan may also be used to cure such diverse maladies as alcohol withdrawal symptoms, to treat serial seizures in children, to promote amnesia, and to relax the severe vomiting of patients after chemotherapy.

The dangerous side effects of Ativan, however, are just as diverse. Many patients suffer from allergic reactions that manifest in difficulty breathing, closing of the throat, and swollen lips, face, and tongue. Some people develop open sores in the mouth and throat or yellowed skin and eyes or a widespread rash. Some patients even suffer from hallucinations, severe confusion, and changes in vision. As you can imagine, these side effects seriously threaten the quality of life of patients using Ativan. In addition, it has negative reactions with many ordinary drugs like antacids.
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To find out why you need an Ativan lawyer and read articles about dangerous drugs and Ativan side effects, visit our website at hugesettlements.com.

If you have any questions or concerns about filing an Ativan lawsuit, please contact a professional Ativan attorney right away!

About the Author

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Lien, in its simplest definition, is the term used to denote any
charge or duty imposed against an item or property as security
for payment of a debt or some other obligation.

There are certain liens that can complicate your asset
protection planning. This is one of the ways that creditors can
have a take on your assets. In order to know how a certain lien
can affect your asset or property, it is crucial that you have a
thorough understanding of the different types of liens available
out there.

Liens can either be consensual, statutory or judicial liens.

Consensual liens are those types of liens that are substantiated
by a contract between the creditor and the debtor. These are the
liens in which you voluntarily consent to whenever you take out
a loan or any other advance of credit that you require.

A homebuyer will agree to a bank taking a security interest in a
home before a mortgage can be obtained. A consensual lien is
also created when a cart buyer opts for car financing available
at the car dealer. The car purchased secures the car buyer’s
obligation to pay for the property.

Failing to do so may mean that the purchased property will be
taken away from him. Examples of consensual liens are mortgages,
car loans, and security interests in banks.

Statutory liens meanwhile are those that are ideally occurring
in lieu of established statutes or as stated by common law.
Non-consensual liens give the creditor the right to repayment
security of a debt by imposing a lien on a property or an item
once there is a determined relationship between the debtor and
the creditor.

Sometimes, creditors make use statutory liens to get at your
assets to satisfy a debt by the operation of state or federal
laws. Examples of this type of lien include tax liens and
mechanic’s liens.

A tax lien is placed upon properties by local, state or federal
government as stated in established statutes as security for
delinquent taxes, including property and estate taxes.

A mechanic’s lien will arise when a party fails to pay a
contractor or mechanic for services rendered or work performed
on a certain property or car. This usually occurs when a
contractor installs a furnace on a home or a mechanic does some
repairs on a car.

Failure of payment for the services rendered will give the
contractor or the mechanic a security interest on the property.
If the owner decides to sell the property, the contractor or
mechanic will have a share on the proceeds of the sale to pay
for the debt incurred.

Of the three type of liens, those imposed by a judicial ruling
is the most dangerous for the asset or property owner but is
also one in which an informed owner may be able to eliminate.

This type of lien is created when a judicial court grants a
creditor an interest on the debtor’s property after a judicial
ruling. This lien can arise in several circumstances.

An example would be if a negligent driver injures someone in an
accident, it will follow that the injured party would likely sue
the driver for damages.

In some instances that the driver’s insurance would not cover
for the damages, a judicial lien may be placed upon the
negligent driver’s property as a claim for payment to the
injured person. The judgment on the lawsuit filed will provide
for the basis of the lien.

If the debt is not paid, the injured party or the judgment
creditor can seek the enforcement of the judgment. This can be
done by garnishing wages, seizing a bank account or placing a
lien on the negligent driver’s property.

This lien is the first step in the process that will
consummately end in the sale of the property in order to pay for
the damages.

A judicial lien cannot be imposed on a ruling or judgment based
upon a pre-existing ruling as in the case of a judgment on a
mortgage foreclosure. This understanding will greatly help the
property owner in exempting his property from possible
acquisition by the creditor.

In general, when the shutter on a camera is tripped to make a photo, the photographer who pressed the button owns the copyright. But photographers often work with others when making their photographs, such as the art director, stylist, assistant or even the Photoshop editor. So does that person get to share with the photographer the copyright of the photograph? It depends.

Unless it is agreed to in writing, if the work done by the other person would not qualify on its own to be copyrightable — such as when the art director has the “idea” to place the model on the hood of a red car — then the copyright is not jointly held. Neither will a copyright for a photograph automatically be deemed shared even though the contributors intended to create a “unified” work. Note that these rules do not apply to the “work for hire” scenario or when you are transferring a copyright.

Instead, for a photograph’s copyright to be jointly held with someone other than the photographer, both the photographer and the contributors must have intended at the time the photograph was made to be joint authors. Specifically, the Copyright Act of 1976 states that a joint work is “a work prepared by two or more authors with the intention that their contributions be merged into inseparable or inter-dependent parts of a unitary whole.” This question is important because when you share the copyright of a photograph with others, you have to agree on how it is to be exploited or licensed, and you must share the profits.

Regardless of the law, though, a contributor to your photograph still may make a claim for joint copyright ownership of it. While you should be able to thwart those efforts, it can cost you time and money and create ill will. So be sure that any documentation that you are required to sign for a job clearly gives you sole ownership of the copyright. And when you hire assistants for your shoot or for Photoshop editing, put it in writing with your assistant that you retain sole ownership of the copyrights regardless of the work performed.

Take my advice; get professional help.
PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

— ABOUT THE AUTHOR —

Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at the needs of photographers. A pro photographer herself, Carolyn has the credentials and the experience to protect photographers. She’s represented clients in multimillion dollar litigations, but also has the desire to help new photographers just starting their careers. Carolyn graduated from Emory University School of Law with a Juris Doctor, and from Tennessee Tech Univ. with a Masters of Business Administration degree and a Bachelor of Science degree in music.

She wrote the book on photography law. “88 Secrets to the Law for Photographers,” by Carolyn and well-known professional photographer, Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain School Press. Carolyn also is a columnist for PhotoFocus Magazine.

Carolyn specializes in wildlife photography and her legal website is http://www.photoattorney.com

Oftentimes when people get into accidents that involve defective products (such as car accidents), they get into shock and delay filing a case. While it is understandable that certain personal injuries can cause you to not file a case right away, you must remember that the company whom you plan to sue is already one, if not two, steps ahead of you.

To start, call an experienced products liability lawyer for advice and to schedule an immediate appointment—he should help you in securing all the evidence needed for the trial. The preservation of evidence is crucial, since this will greatly help—if not determine—the success of your case.

If the product was not yours, offer to purchase the wrecked or malfunctioning article. It may not seem to be of use now, but obtaining the evidence means you can keep an eye on it. If buying a product that has long served its purpose does not appeal to you, think of the success it will bring to your case.

Next, make sure you keep the article in a safe place where it cannot be altered, or worse, stolen. Many truck companies whose vehicles get into an accident send their trucks for repairs ASAP, which quickly covers up any dents or bumps. There have also been cases where evidence kept in a garage being stolen. Make sure you keep the evidence in a safe place.

If you can’t buy the evidence, put everyone concerned with it on notice, like impounders and tow operators to preserve the evidence. They can later be sued if they do not do everything they can to preserve the state of the article.

If the product is owned by the defendant, you can file an independent action for a temporary restraining order, and a preliminary injunction. This is to avoid any alterations that could be done on the product, and keeps it safe from experimental—and possibly destructive—testing by the defendant.

Finally, obtain the complete history and background data of the product. Find out where it was originally purchased, who its previous owners were, what modifications were done to it. Try to obtain as well a description of the manufacturer and its distributors (if any), and source all literature pertaining to the product, such as fliers and manuals.

Being equipped with all of these will raise your chances of winning in court. The key is to preserve the evidence, and acting fast in obtaining it.

About the Author

For additional legal information and inquiries about the article log on to http://www.attorneyservicesetc.com

If you haven’t read the article on “Coverage Under Florida’s Lemon Law,” you’re strongly encouraged to read that first so that you’re clear on what vehicles, under what circumstances are and aren’t covered by the Florida Lemon Laws. This article is about the procedures which are necessary when you decide to pursue your rights under the Florida Lemon Laws.

Your first concern is how long has it been since you bought the vehicle. A Lemon Law action can be brought during what is generally called the “Lemon Law Rights Period.” This period is the eighteen (18) months beginning on the original delivery date or the first twenty-four thousand (24,000) miles. The period ends with whichever occurs first.

The process required often seems to be both long and complicated. While it can be discouraging at first, if you are willing to be patient, stay with it and be sure to follow the procedures carefully, you can succeed. Don’t give up and don’t let anything discourage you from trying.

What follows is an outline of the process, the basic requirements and the steps involved:

First, within the Lemon Law Rights Period, there must have been either (a) a minimum of three attempts by the manufacturer or its agent to repair the vehicle for the same defect (b) the vehicle must have been unusable for reason of attempted repair by the manufacturer (or its agent) for one or more defects for a total of thirty days or more. This does not include any periods for maintenance dictated by the owner’s manual.

Second, when vehicle reaches a cumulative total of fifteen or more days being out of service for repair by the manufacturer or its agent for one or more defects, the owner is required to give written notice of the need for repair, by registered or express mail, to the manufacturer. Then the manufacturer has one last chance to fix the defect.

Third, if this final attempt at repair fails, then manufacturer must either replace or repurchase the motor vehicle within forty days. However, it isn’t automatic. You must continue to follow the proper procedures to enforce your rights by following these steps:

If the manufacturer has a dispute-settlement procedure then you need to apply under that procedure. Not every manufacturer does, so be sure to check with the manufacturer.
If you’re not pleased with the decision of the manufacturer’s dispute-settlement procedure, you can then apply to be heard by the State of Florida’s New Motor Vehicle Arbitration Board.
If Florida’s New Motor Vehicle Arbitration Board declines to hear the case OR it hears the case but makes a ruling against you, you can now file the case in Circuit Court. If you are appealing from a ruling against you by the Board, you need to do it within 30 (thirty) days of that ruling.

In the most general terms, the covered vehicle must have been subject to repair for the same defect (which impairs the value, safety or usability of the vehicle) for at least thirty (30) days. This must occur during the Lemon Law Rights Period. You must also be acting in good faith and must follow the law in providing proper notice to the manufacturer. Finally, you will need to submit to arbitration.

The Office of the Attorney General has published more complete information in “Preserving Your Rights Under The Lemon Law.” You can obtain this publication through the Division of Consumer Services at: (800)321-5366 or by writing to:

Office of the Attorney General
Lemon Law Research Unit
The Capitol
Tallahassee, Florida 32399-1050

E.B. Randall writes on a variety of subjects including issues such as lemon law vehicles. If you live in Florida and if you think you have a lemon car or truck, read this and visit http://lemon-law.werkz.info for more about how to cope with anothe rpiece of automotive lemon junk.