The following article is brought to you by the Reiff & Bily Philadelphia product liability lawyers. If you have been injured by an unsafe product you are encouraged to contact an injury lawyer in your area and find out what your rights are.
The United States Consumer Product Safety Commission is an independent federal agency that exists to protect the public from unreasonable risks of injury or death associated with the use of the more than 15,000 kinds of consumer products sold under the agency’s jurisdiction.
The CPSC was formed by Congress in 1972 in correlation with the Consumer Product Safety Act to protect the public “against unreasonable risks of injuries associated with consumer products.” It is headed by five commissioners who are appointed by the President and confirmed by the Senate. The agency has two offices in Maryland and one office in China.
The CPSC exercises their methods of protection by developing voluntary standards with organizations, businesses and manufacturers. The commission must inform and educate consumers and manufacturers worldwide about the safety standards that they develop. They then research and test potential product hazards, and issue and enforce mandatory standards by banning and recalling products that do not comply. The CPSC is also responsible for arranging for repair, replacement and/or refunds of the products that they do recall.
The CPSC encourages consumers to report any safety concern through their website, telephone, fax or mail. The CPSC regards every concern with great importance, and agency staff reviews all complaints. If the reported product is investigated, a CPSC investigator will contact the concerned party and communicate with them whether or not the investigation called for a recall action will be taken.
Deaths, injuries and property damage from consumer product incidents cost the U.S. more than $900 billion every year, and the CPSC is committed to decreasing that rate. The agency has contributed to a decline in the occurrence of consumer product-related deaths in the past 30 years.
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Health complications and their associated treatment are, in most cases, the most stressful experience that an individual will face. The worst case scenario therefore would be where standards are not met in such treatment and things, inevitably, go wrong.
The law provides individuals with a route to make a claim against medical professionals where care standards are not met. Such a claim would be brought under the heading of clinical negligence. Claiming for negligence in such a scenario is somewhat complicated as there are a number of legal principles that must be considered.
Legal Principles
Medical professionals owe what is called a ‘duty of care’ to those individuals to whom they provide a service. This means that a minimum standard of care is expected of them and that they must not act negligently. A claim for clinical negligence will arise in circumstances where this duty of care has been breached. Such a breach may occur, for example, where an incorrect medication dosage is administered resulting in injury or death, or where a failed or delayed diagnosis has been given.
While it is easy to see that a duty of care exists between a medical professional and his or her patient, it is more difficult in clinical negligence claims to prove that this duty has been breached. The reason for this is due to the fact that the medical profession is a highly specialised field and, in order for a clinical negligence claim to be successful, you must prove that there were errors in the treatment you received and that those errors caused the injury for which you are seeking compensation.
Further to this, not only must you prove that there were errors in your treatment, you must also prove that these errors were of such a nature that no competent medical professional would have made the same errors in the same set of circumstances. This can be a stumbling block for a lot of claims as it relies on the use of experts in the relevant medical field who have to give evidence that, if faced with the same set of circumstances, they would not have administered the treatment complained of. In other words, to prove that there were errors in your treatment, you must get another similarly qualified expert to give evidence that he or she would not have administered the same treatment.
This difficulty is tempered somewhat by the fact that you only need to prove that it was more probable than not that no competent medical practitioner would have made the errors in your treatment.
You must also consider the fact that you have to prove that the errors materially contributed to your injury. While there have been great advances in the field of medicine and medical treatment, there are still numerous instances where our understanding of certain conditions is lacking. A historical example of this, although not related to a claim in clinical negligence, is the various asbestos-related illness claims brought since the 1930s. It took a while for the medical profession, and thus the courts, to recognise that, on the balance of probabilities, those workers exposed to asbestos and asbestos fibres suffered a greater risk of contracting asbestosis or mesothelioma.
It can be seen, therefore, that this area of law is ever-changing.
Claiming for negligence
If you are claiming for negligence, the first port of call for those considering a claim would be to consult a solicitor. There are specialised clinical negligence solicitors who are experienced at making initial assessments of the strength, or otherwise, of your claim. Clinical negligence solicitors can investigate your claim and, where necessary, obtain the expert evidence required to support your claim. It must be noted that in many cases, if you wish to pursue a claim for clinical negligence, you must do so within a period of three years from the date of the accident or treatment. An clinical negligence solicitor can, however, provide advice in relation to this are there are exceptions to the three year rule.
Employers must not charge for personal protective equipment
Although there is nothing more precious than human life, I regularly hear stories about individuals who have been harmed during an accident at work – and these injuries might have been prevented if duty-holders simply provided adequate PPE.
I can understand that these are troubling economic times, but after implementing additional methods to prevent staff members from suffering personal injury, managers must supply appropriate PPE when hazards still remain – even if these items are expensive.
However, when a company attempts to recoup the cost of PPE by charging employees, this practice is not only wrong – it is illegal.
According to Section 9 of the Health and Safety at Work etc. Act 1974, “No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions.”
Although that statement is self explanatory, it has been reported that some building firms may have introduced vending machines which provide employees with PPE.
Allegedly, the Union of Construction, Allied Trades and Technicians(UCATT) know of at least one company which uses these dispensers – and have urged the Health and Safety Executive (HSE) to prevent other organisations from following suit.
If these vending machines charge employees for potentially lifesaving equipment, then this could be an illegal and inappropriate way to reduce risk. Furthermore, Regulation 4 of The Personal Protective Equipment at Work Regulations 1992 states that PPE must be capable of fitting the wearer correctly. If employees are not given the opportunity to try these items on, then the apparel could be ineffective.
If the UCATT’s claims are correct, then companies who use these vending machines could be breaking the law and putting the lives of their employees at risk. Hopefully, the HSE will step in and quickly remove these dispensers from workplaces.
February 1, 2013—Tracy, California—A construction worker was killed when an 1,800 pound piece of concrete fell on him, pinning him beneath its weight and crushing him, according to KCRA News
. The worker was engaged in cleaning out a concrete truck at the time of the incident.
The 47-year-old victim from Whittier was working on contract for Express Chipping at the time of the tragedy which happened on Linne Road. He was removing concrete buildup inside a truck owned by A&A Concrete supply when he was pinned inside the truck by falling concrete. He was pronounced dead at the scene by rescue workers.
Cal-OSHA is conducting an investigation into the incident.
Construction Accidents Prove Fatal for Many Each Year
Construction is still one of the most dangerous occupations according to information compiled by the Bureau of Labor Statistics. In 2011, 759 people were killed in construction accidents in the United States, or more than two per day. Most construction accidents involve falls, objects falling onto workers, or vehicle-related crashes.
Owners of construction firms and the owners of the sites at which they work both have an obligation to create a safe work environment for employees and visitors to the site. If they fail to do so, they can be subject to government sanctions as well as liability for personal injury.
Who Is Responsible For This Man’s Injuries?
This case may be complicated from a legal perspective because the man was apparently working for one company on another company’s equipment. That means that the liability may stem from negligence on the part of the employer in allowing the man to work in dangerous conditions, from the owner of the truck for creating the dangerous conditions or both.
A personal injury lawyer must examine the facts of the case to make a determination as to who holds liability for the man’s death in this case. Once that is established, the family may be able to file a wrongful death suit against the person or company that is deemed responsible for the worker’s death. Wrongful death suits usually include damages for lost future earnings as well as loss of love and companionship.
What Should I Do If I am Involved in a Construction Accident?
If you are hurt in a construction accident, your first responsibility is to seek medical attention. You must be sure that your health is not in danger before considering any other possibilities. However, once you have ensured that your health is being taken care of, you should consider your rights to file a personal injury suit against the employer, the work site owner, or both.
A personal injury attorney can help you recover damages for your injuries including medical bills, sums for your mental anguish, pain and suffering, and lost wages while you recover. You may also be entitled to other types of compensation so that you can pay for increased living expenses or other costs. Talk to a personal injury attorney today to protect your rights.
Television programs showcase high-powered and highly paid attorneys litigating dramatic cases with significant outcomes. The reality of the legal field is much different. Beginning and maintaining a career in law also has more than a few unwritten rules. Some requirements are universal to all lawyers while some are of greater benefit to litigators or transactional attorneys. Being an attorney is not for everyone.
Self-Awareness
Above all else, prospective lawyers must have a great deal of self-awareness. Any attorney that performs work incorrectly will endanger another person’s freedom or produce work that leads to costly litigation. Successfully training to become an attorney requires hard work and dedication to the field. Any distractions, doubts, or other life concerns will greatly inhibit one’s educational and professional career. Prospective lawyers must have the ability to look at their own lives and make an unbiased and calculated assessment of their own flaws and work to correct those flaws.
Work Ethic and Motivation
Attorneys must have a high work ethic. Simply being authorized to practice law normally requires a law degree, which requires three years of law school. At school, students are exposed to the Socratic Method, a method of challenging the student’s beliefs in front of the class. This potential for social embarrassment is both a great motivator to do well and a great source of discouragement for someone on the fence about law school. Additionally, obtaining a job right out of law school frequently requires a professional connection to a firm in some capacity. The most common source of this connection is an internship acquired during the summer.
Attorneys who receive a high salary from a firm will be expected to meet a high number of billable hours in a particular year. Billable hours can be misleading; most attorneys find that of all the time spent servicing a particular client’s needs, they may only bill every third hour or so. Attorneys will spend countless hours doing research and performing many necessary tasks that cannot be attributed to any particular client. Attorneys must still meet these billable hours requirements or be dismissed from the firm.
Attorneys who accept cases on a contingency basis, such as many personal injury attorneys, normally will not receive compensation for their time without any recovery for the client. If the client cannot afford to pay discovery costs or filing fees, the attorney may be willing to float those costs in the hopes of receiving a settlement or even a judgment. In other words, an attorney may have his or her own money tied up in a client’s case. If the amount is great or if the firm is small, this can be a source of stress for an attorney.
Focus
All attorneys must also have analytical personalities, an eye for detail, and an excellent memory. Law heavily relies upon precedent and attorneys who can remember details about binding or at least persuasive cases in that particular jurisdiction will have a substantial advantage over those that cannot. Specific offenses and tortious acts have specific elements that vary in specific jurisdictions, each with their own qualifiers created by hundreds of years of case law. Even the trial and appellate courts are not always named consistently; unlike most states, New York calls its trial courts the “Supreme Court,” which can throw off some attorneys not experienced in New York law. This is one reason why practicing attorneys such as hometown lawyers specialize in one or a few areas of law; mastering every field is just not as efficient for them or their clients.
Quality Interpersonal Skills
Attorneys that litigate cases will benefit greatly from an outgoing personality, but all attorneys will need quality interpersonal skills. Depending upon an attorney’s particular area of practice, they will meet with defendants, prosecutors, plaintiffs, defendants, opposing counsel, co-counsel, witnesses, investigators, judges, and various other parties. Meeting with all of these people will require patience, eloquence, and an understanding of both parties’ respective positions so as to leverage the situation to the client’s best interests.
Transactional attorneys will also require interpersonal skills. Often, clients are uncertain or vague about their specific goals and require an in-depth conversation to clarify matters. Some signatories to a contract can be apprehensive about the inclusion of certain clauses and require an attorney to explain why said clauses are included in the contract. Transactional attorneys may also have to persuade unwilling clients to engage or not engage in certain conduct.
Determining in advance whether a career in law is right for you is difficult. Law is a prestigious profession that requires a high degree of training and proficiency. Lawyers must understand the law, speak with clients to understand their needs, and interpret the law and apply to the client’s situation. This requires an array of learned skills that must be applied perfectly. For those select few who consider law to be a calling rather than a career, becoming a lawyer can be the start of an intellectually, spiritually, and financially rewarding career.
Author Anthony Joseph contributes this article for those considering a life in the legal field. At Hometown Lawyers, New York, there are highly skilled lawyers featured in single categories of law, including: divorce, dwi, personal injury, bankruptcy and criminal law. Additionally the directory qualifies its attorneys by knowledge, communication skills, confidence style, experience in judgment, ethics and ability to respond quickly.
January 28, 2013—Los Angeles, California—A motorcyclist died in a crash that was caused by a semi truck being driven illegally on the Arroyo Seco Parkway, according to the Los Angeles Fire Department. The Highland Park Patchreports that the motorcycle rider was ejected from his bike when the motorcycle collided with a big rig that cut him off. He was transported to an area hospital where he died.
The California Highway Patrol investigated the incident and stated that a 59-year-old male was riding his Harley Davidson in the number three lane at an undetermined rate of speed. The truck cut him off, causing him to crash into the off-ramp. It is illegal for semi trucks to use the Arroyo Seco given the size of the lanes. Authorities emphasized the importance of calling 911 if witnesses observe a big rig truck getting on the 110.
Restrictions on Highway Use May Lead to Liability
When a driver is performing an illegal action, negligence per se may apply if the driver causes injury to another person. In other words, when you are breaking the law, you may automatically be considered negligent even if you might have escaped liability under other circumstances.
This is important information for those who are injured in collisions caused by drivers who are breaking the law. If a driver is considered negligent, he or she may be liable for damages for your injuries, including medical bills, pain and suffering, and other costs.
In this case, the fact that the truck driver was using prohibited lanes could mean that the truck driver was behaving negligently. Of course, the driver also allegedly cut off the motorcyclist which would also constitute negligent behavior.
Big Trucks Involved in Crashes at Higher Rates than Other Vehicles
According to the Federal Motor Carrier Safety Administration, there are approximately 4,300 fatal crashes involving large trucks per year and another 77,000 injury crashes. This represents 11 percent of all fatal crashes and four percent of all injury collisions. However, large trucks represent only three percent of all vehicles on the road at any given time. That means that big trucks are involved far more often, statistically, than cars in fatal and injury crashes.
The problem is actually more severe than even these numbers suggest. One reason that the percentage of injury victims in truck accidents is so much smaller than fatalities is because victims are far more likely to die in one of these crashes than to be injured. Furthermore, the victims most likely to be killed in such a crash are those in a passenger car or on a motorcycle rather than the driver of a large truck.
Victims who have been injured in a semi-tractor-trailer crash should contact a personal injury attorney immediately. There are laws in place that may allow you to collect damages such as costs of medical treatment, payment for your pain, suffering and emotional trauma, and even lost wages and increased living expenses as a result of your injuries.
My involvement in a taxi cab accident taught me a lot of tough lessons. After driving around the same block in Chicago for 45 minutes to find a parking spot, I finally saw my opportunity. A car ahead of me pulled out of a parking lot onto the street, and he’d left a spot open right at the front of the lot! I turned left to enter the parking lot when a taxi cab behind me smashed into my driver’s side door so hard that it set off my airbags. The cabbie later claimed that he was trying to go around me from behind. Because I wear glasses, the impact of the airbags bruised and cut my face. Luckily, my wife had no injuries and she was able to get the cab driver’s plate number and company information. She also exchanged insurance information with him. We’d never been in an accident before, and we were both so shaken up that we couldn’t remember what we had to do. The cab driver seemed genuinely sorry and assured us that we didn’t have to worry because his insurance would pay for everything, so there was no need to call the police. Our first mistake was believing him as we drove off to a hospital.
My left eye swelled up badly; I felt worried because of the bleeding and the fact that I couldn’t see out of it for 24 hours, but there was no damage serious enough to warrant an operation. The ER visit was expensive because they ran extra tests on me since I had slight whiplash from the impact. My wife first called our car insurance company and explained to them what had happened. They asked her if she had taken any photographs of the damage, and we had not; that was our second mistake. There was a big dent on our car, but the cab didn’t have much more than a broken headlight from what we could remember. When she described the accident to our insurance representative, he deduced that the cab driver was at fault, which was just as we’d suspected, since he made an illegal move by crossing the center median while trying to go around us. My wife immediately called the cabbie’s insurance company to begin to file our claim with them. Unfortunately, what we didn’t know was that the cab driver’s insurance had expired more than six months ago. We had to argue with our own insurance company to try to help pay for the medical bills since our plan did not cover accidents with uninsured motorists.
The police couldn’t help us, even though we had his license plate number because they weren’t there after the accident to confirm our story, so we were left in a case of our word against the driver’s. The cabbie also gave us phony contact details, so we filed suit in small claims court against his taxi company for our damages. The company was able to trace the driver using the plate number and they forced him to settle with us in mediation to avoid going to trial and creating a bad name for their company. After this nightmare to recover more than $2,500 in total expenses, we’ve learned to always call the cops, take photos before moving our vehicles in an accident, and check the driver’s insurance information carefully! I hope others reading this story never have to go through a similar experience.
Byline: Ryan Devereux found a lawyer that specialized in taxi accidents when he was struck with his bad cab experience.
Each year, nearly 800,000 Americans are the victims of a dog bite, which is serious enough to require medical attention. The “one free bite rule” is a name for a legal doctrine that determines if the dog owner can legally be held responsible for injuries caused by their pet. The premise under this rule allows the dog owner not to be held liable the first time their dog bites or inflicts injury to someone. However, this type of dog attack law only protects the owner if they followed all of the local laws pertaining to dogs. If the dog owner was in violation of local leash laws when the attack occurred, they can be held legally responsible. The one-bite rule would also be waived if the owner was aware or should have been aware of their dog’s propensity to be dangerous. This can be established by the following:
• The dog has a history of barking at strangers
• The dog often growls and snaps at anyone who comes near it
• The dog has a habit of jumping on others when visitors are present
• The owner often puts a muzzle on the dog
• The dog has been trained to fight other dogs
Whether the state follows the one bite rule, the dog owner can be held liable if they were negligent in the handling or confinement of a dog.
Determining Liability in Dog Bite Cases
Most states throughout the nation hold the owner of the dog strictly liable, even if the owner was not at fault. A majority of compensation claims are paid under the homeowner’s insurance policy, which includes coverage for damages and liability caused by domestic animals. The dog attack laws vary in each state, which can be broken down by these three types of liability:
• Negligence Laws—The owner is liable for the injury because the owner was careless or negligent in controlling the dog.
• Strict Liability—The owner is automatically liable for any injury or property damage the dog causes without provocation.
• One Bite Rule—The owner of the dog is not liable for damages caused the first time the dog bites a victim unless the owner knew or should have known that the dog had a propensity for violence.
Some states have moved away from the one free bite rule and the owner can be held responsible for any and all injuries caused by their dog, whether the animal has previously demonstrated vicious or aggressive tendencies. A victim may use the legal doctrine of premises liability when the person is harmed on the property of the dog owner. This is a specific form of negligence that applies to landowners and landlords. If a landlord knows that a vicious dog currently lives with one of their tenants and fails to do anything to control the dog, the landlord can be held liable. Determining liability will depend on where you live and which dog attack law applies in that state.
How a Dog Bite Lawyer Can Help
A dog owner may not be held liable if any of the following occurred during the incident:
• The victim was trespassing onto private property
• The victim was a professional that works with animals, such as a veterinarian or kennel owner
• The victim was committing a felony at the time
• The victim provoked the dog and was over the age of 5 years old at the time
• The dog was assisting the police or the military at the time
Dog bite cases can be extremely serious and cause undue consequences on the pet’s owner. Therefore, it is important to hire a personal injury attorney specializing in dog bites who will make sure that your rights are protected at all times.
Motorcycle accidents are some of the common types of vehicle accidents and take place all over the world. Such accidents are capable of causing serious injuries and harm to the ones riding the motorcycles. Motorcycles are a lot smaller when compared to the other types of vehicles such as a car. That is why when a motorcycle collides with a car, it may have devastating consequences for the motorcycle riders.
If you have recently been injured in a motorcycle accident that you believe occurred due to the carelessness of the other vehicle, you may file a personal injury lawsuit against the responsible party. You can receive compensation by filing the lawsuit. However, in order to successfully file the claim and to win compensation, you would need first need to understand what may have caused the accident. Here are some of the common causes of motorcycle accidents:
Head on collisions with other vehicles: 56% of deaths occur due to motorcycle accidents that involve head-on collision between motorcycles and other vehicles. As far as studies show, 78% of such accidents involve a car striking the motorcycle from the front, whereas only 5% involve rear end strikes. When a car and a motorcycle are involved in a head-on collision, the motorcycle rider has zero to minimum chances of survival.
When a car makes a left-hand turn: Motorcycle riders face a great threat when a car makes a left-hand turn. Such situations are extremely dangerous for a motorcycle rider. 42% of all the motorcycle accidents occur due to cars making left hand turns. A turning car generally hits the motorcycle in situations where the motorcycle is:
These situations are also common reasons for accidents involving two cars. However, the relatively smaller size of the motorcycle makes it less visible, which is why it becomes difficult for the turning car to spot it. When a motorcycle passes cars that are within the same lane, there is a much greater threat of an accident taking place. Cars often get puzzled by the sudden maneuvering of the motorcycles.
Motorcycle accidents do occur when vehicles make left handed turns. In case of such accidents, the liability almost always goes to the vehicle. However, if it is found that the motorcycle rider was speeding or was in the wrong lane, he/she can also be partly at fault. In case if the motorcyclist is found to be partly responsible for the accident, he/she will receive lesser compensation for the injuries and damages they have suffered in the accident.
Collisions between fixed objects and motorcycles: Motorcycle accidents involving collisions between motorcycles and fixed objects are fairly common and such accidents account for 25% of deaths that occur due to motorcycle accidents. Motorcycle riders are not as protected as the car drivers, which is why when such accidents occur, the motorcyclist gets thrown hard and far. That is what makes such accidents so deadly.
Get in touch with a Palm Beach injury attorney if you are looking to file for a personal injury claim in Palm Beach.
If you have recently been injured in a motorcycle accident that you believe occurred due to the carelessness of the other vehicle, you may file a personal injury lawsuit against the responsible party. You can receive compensation by filing the lawsuit. However, in order to successfully file the claim and to win compensation, you would need first need to understand what may have caused the accident. Here are some of the common causes of motorcycle accidents:
Head on collisions with other vehicles: 56% of deaths occur due to motorcycle accidents that involve head-on collision between motorcycles and other vehicles. As far as studies show, 78% of such accidents involve a car striking the motorcycle from the front, whereas only 5% involve rear end strikes. When a car and a motorcycle are involved in a head-on collision, the motorcycle rider has zero to minimum chances of survival.
When a car makes a left-hand turn: Motorcycle riders face a great threat when a car makes a left-hand turn. Such situations are extremely dangerous for a motorcycle rider. 42% of all the motorcycle accidents occur due to cars making left hand turns. A turning car generally hits the motorcycle in situations where the motorcycle is:
- Passing the car
- Going through intersections or
- Attempting to overtake the car
These situations are also common reasons for accidents involving two cars. However, the relatively smaller size of the motorcycle makes it less visible, which is why it becomes difficult for the turning car to spot it. When a motorcycle passes cars that are within the same lane, there is a much greater threat of an accident taking place. Cars often get puzzled by the sudden maneuvering of the motorcycles.
Motorcycle accidents do occur when vehicles make left handed turns. In case of such accidents, the liability almost always goes to the vehicle. However, if it is found that the motorcycle rider was speeding or was in the wrong lane, he/she can also be partly at fault. In case if the motorcyclist is found to be partly responsible for the accident, he/she will receive lesser compensation for the injuries and damages they have suffered in the accident.
Collisions between fixed objects and motorcycles: Motorcycle accidents involving collisions between motorcycles and fixed objects are fairly common and such accidents account for 25% of deaths that occur due to motorcycle accidents. Motorcycle riders are not as protected as the car drivers, which is why when such accidents occur, the motorcyclist gets thrown hard and far. That is what makes such accidents so deadly.
Get in touch with a Palm Beach injury attorney if you are looking to file for a personal injury claim in Palm Beach.
The construction industry is an important part of virtually all sectors of America’s economy. From homes to businesses, construction professionals are needed to professionally build and maintain the structures that people dwell within, but if these structures aren’t completed or looked after properly, legal issues can result.
Construction Law
As a result of the potential for such issues, construction law has become a very important part of most people’s lives in America, even if they don’t realize it. Construction law deals with issues surrounding the construction industry, but it also affects homeowners, businesses and more. For instance, if you own a home and it has defects in its construction that may endanger you and your family, you may have a basis to sue the contractor who was involved in the home’s construction. In cases such as these, construction law acts as a protection for the rights of those who are or may become injured as a result of construction errors.
For Contractors
Construction law also acts as a protector of the rights of contractors. According to construction attorneys Canfield, Madden & Ruggiero, in some circumstances even though everything was done correctly in the process of building a home or business structure, a tenant may claim that workmanship on the part of a contractor resulted in injury (even if the injury was the fault of the tenant). In such cases, construction law professionals can examine the claims and determine if the tenant is being truthful, thus protecting the contractor.
How Construction Law is Used
Like other legal constructs, construction law cases typically play out before a judge and sometimes a jury. In other cases, however, a settlement may be made between a tenant and a contractor through the use of an attorney. Construction law cases often require experts to be used to determine whether any fault lies with any party involved, and thorough inspections must be done in order to prove this. Construction law may also pertain itself with other laws regarding safety on a particular job site or methods used by employees or a particular contractor when completing a building project.
Concerned About a Construction Project?
If you’re currently concerned about a building project that you think may have harmed you or your family, or if you’re concerned about protecting yourself against the possibility of injury due to a construction project, you may want to seek out the services of a construction lawyer. Construction lawyers are often the best professionals to partner with when faced with construction concerns, and these individuals can help you to find peace of mind during and after the work is done.
Beyond a Lawsuit
Construction lawyers can also help you to decide what legal terms need to be entered into a contract when building a new home or business. Construction lawyers can meet with you and your builder to give you a real-world view of the potential for dangers involved in such a contract, and your construction lawyer can also represent your interests during any negotiations.
Finally, if you’re planning to have any work done to your home or business, it would be a good idea to look into services offered by organizations such as the Better Business Bureau regarding the contractor or contractors you’re considering hiring. Keep in mind that a little bit of time spent researching may help you to avoid a costly legal battle in the future.
Katie Hewatt is a legal researcher and contributing author for Canfield, Madden & Ruggiero, a construction law attorney group consisting of David Canfield, John Madden, John Ruggiero, and Lily Abramchayev. The firm provides superior representation during contract formation, construction phases, and provides dispute resolution services. The firm is an advocate for small business and the construction industry but also represents other business such as, soft drink companies, retailers, and restaurants.
Construction Law
As a result of the potential for such issues, construction law has become a very important part of most people’s lives in America, even if they don’t realize it. Construction law deals with issues surrounding the construction industry, but it also affects homeowners, businesses and more. For instance, if you own a home and it has defects in its construction that may endanger you and your family, you may have a basis to sue the contractor who was involved in the home’s construction. In cases such as these, construction law acts as a protection for the rights of those who are or may become injured as a result of construction errors.
For Contractors
Construction law also acts as a protector of the rights of contractors. According to construction attorneys Canfield, Madden & Ruggiero, in some circumstances even though everything was done correctly in the process of building a home or business structure, a tenant may claim that workmanship on the part of a contractor resulted in injury (even if the injury was the fault of the tenant). In such cases, construction law professionals can examine the claims and determine if the tenant is being truthful, thus protecting the contractor.
How Construction Law is Used
Like other legal constructs, construction law cases typically play out before a judge and sometimes a jury. In other cases, however, a settlement may be made between a tenant and a contractor through the use of an attorney. Construction law cases often require experts to be used to determine whether any fault lies with any party involved, and thorough inspections must be done in order to prove this. Construction law may also pertain itself with other laws regarding safety on a particular job site or methods used by employees or a particular contractor when completing a building project.
Concerned About a Construction Project?
If you’re currently concerned about a building project that you think may have harmed you or your family, or if you’re concerned about protecting yourself against the possibility of injury due to a construction project, you may want to seek out the services of a construction lawyer. Construction lawyers are often the best professionals to partner with when faced with construction concerns, and these individuals can help you to find peace of mind during and after the work is done.
Beyond a Lawsuit
Construction lawyers can also help you to decide what legal terms need to be entered into a contract when building a new home or business. Construction lawyers can meet with you and your builder to give you a real-world view of the potential for dangers involved in such a contract, and your construction lawyer can also represent your interests during any negotiations.
Finally, if you’re planning to have any work done to your home or business, it would be a good idea to look into services offered by organizations such as the Better Business Bureau regarding the contractor or contractors you’re considering hiring. Keep in mind that a little bit of time spent researching may help you to avoid a costly legal battle in the future.
Katie Hewatt is a legal researcher and contributing author for Canfield, Madden & Ruggiero, a construction law attorney group consisting of David Canfield, John Madden, John Ruggiero, and Lily Abramchayev. The firm provides superior representation during contract formation, construction phases, and provides dispute resolution services. The firm is an advocate for small business and the construction industry but also represents other business such as, soft drink companies, retailers, and restaurants.
