Articles by SilberAndValente

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Dogs lead to possible premises liability for Florida woman

A Florida woman that already faces a premises liability suit now potentially faces more legal action because of her dogs. The woman’s two dogs severely mauled a 74-year-old neighborhood man last week and the 74-year-old had to undergo emergency surgery. Neighbors in the area claim the woman’s dogs have been an issue for quite some time. The woman’s story serves as a reminder to dog owners about their responsibility.

Last Friday morning the 74-year-old man was taking care of yardwork at his home near Hawthorne, Florida in Putnam County. During the late morning the man’s work was interrupted as two pit bulls or pit bull mixes attacked the 74-year-old. The dogs ripped off the elderly man’s right arm and severely injured his left arm. The dogs also attacked and injured the man’s face. The 74-year-old man was rushed to Shands at the University of Florida in Gainesville. Emergency surgery lasting six to eight hours was performed to try and save one of the man’s arms.

The two dogs were owned by a woman in the elderly man’s neighborhood and have been described as pit bulls or pit bull mixes by a neighbor and the woman’s brother. The Putnam County Sheriff’s Captain said the dogs jumped over the elderly man’s wire fence and attacked him while he was doing yardwork. The woman turned the dogs over to law enforcement and the dogs were euthanized.

Law enforcement officials say they have dealt with the owner of the dogs twice before regarding dog bites. One neighbor said the dogs have always been a problem and have been known to run the street. She says the owner gives pitbulls a bad name. Even more painful, the woman’s brother said the injured, elderly man was a friend of the family.

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Ohio child support agency prepares for budget cuts

When a non-custodial parent is supposed to make child support payments, but fails to do so, the other parent is not powerless. The custodial parent can reach out to county agencies that handle enforcement efforts and take steps to get the financial support he or she needs to cover the children’s expenses. However, some counties are facing budget cuts, which will likely impact county child support enforcement work.

According to reports, one million children in Ohio are supported through the Child Support Enforcement Agency (CSEA). The Ohio CSEA, which helps parents enforce child support orders as well as amend them, is the third largest in the nation. Many fear that the proposed budget cuts will lead to layoffs, which in turn will lead to less effective child support enforcement services.

A Summit County CSEA representative recently presented information regarding proposed cuts to child support programs at the federal and national levels. She noted that cuts across Ohio could tally as much as $45 million. This could result in 30-60 positions being eliminated by the end of the year.

This is certainly not the first time county agencies have been reduced. Sources indicate the Summit County CSEA currently employs 132 people. A decade ago, it boasted 221 workers. In an effort to ease the funding issues, the department is currently checking into grants and collaboration with other county agencies.

Custodial parents seeking to enforce child support orders do not need to contact county agencies for help. They have another choice: a family law attorney. Experienced family law attorneys understand how child support orders are created and can help custodial parents get the financial assistance to which they are entitled. Many parents report feeling significantly less stress when under the guidance of a professional who knows the process.

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California truck accident leads to several injuries

Truck and uber accidents can be very dangerous and can result in many individuals suffering injuries. A motor vehicle accident involving several big rig trucks recently occurred in California.

The accident occurred on Tuesday near Desert Center. Early that morning, two big rig trucks and a car were temporarily stopped on Interstate 10 due to road construction. Then, a third big rig truck, which was being driven by a 55-year-old man from Phoenix, came down the interstate. This truck was unable to stop in time and crashed into the three stopped vehicles.

The driver of one of the stopped big rigs, a passenger of one of the stopped big rigs and the man from Phoenix were injured as a result of this collision. All three of these individuals were taken to a hospital after the accident.

Reportedly, a fair amount of oil and fuel leaked out from one of the big rigs due to the accident. A hazmat unit was sent to clean up these liquids.

This case demonstrates that truck accidents can be very harmful. Due to their large size, trucks can cause fairly large impacts and can hit multiple vehicles when they are involved in accidents.

Another risk that can occur in connection to truck accidents comes from what trucks can be carrying. Trucks often contain large amounts of fuel and sometimes they can also be carrying other potentially hazardous materials. These types of materials can create additional dangers in the event of an accident.

Because of the many risks that can come from truck accidents, it is very important for truck drivers to practice safe and careful driving and obey all relevant traffic laws.

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Dating sites prove to be a great source of info in divorce cases

Most Columbus residents would probably agree that honesty is the best policy in any marriage. The same can be said about divorce. Although the divorce process is often overshadowed by examples of extreme fights and contentious court dates, being honest in every step of the process can lead even the most difficult divorce in the right direction.

Of course, dishonesty is not always easy to prove, and allegations of lies without evidence to support them will likely not stand up in court. In that light, it makes sense that both sides of the split may begin to dig into each other’s private lives in hopes of seeing the true nature of that individual.

Recently, the American Academy of Matrimonial Lawyers conducted a survey where they asked lawyers about the use of dating website information in divorce cases. Of those surveyed, 59 percent saw an increase in the last three years of cases where dating site information was used.

Lawyers pointed to and as the top dating sites to find evidence. A spouse’s profile can be very revealing if the details within it prove to be false. For example, lawyers pointed out that the relationship status was the most common piece of evidence used in a case. A status of ‘single’ does not put a spouse in a very honest light. Besides that, false information about salary of occupation was also used to prove dishonestly. Finally, a parental status that fails to mention a person’s children may also have negative effects during a child custody case.

Our world is highly digital and it is oftentimes hard to keep information from spreading on the Internet. But when it comes to individuals faced with divorce, it is in their best interest to make sure the information they put on websites is factual.



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Dire motorcycle fatality stats concern regulators, prompt action

Louisiana was among the front runners in states to enact a compulsory helmet law for motorcyclists, but, after the state confronted strong resistance from many riders, legislators repealed the law and requirement some years ago.

The repercussions stemming from that move were dire and immediate, with deaths from motorcycle accidents in the state increasing by more than 100 percent. The adverse fallout was so intense, in fact, that legislators reinstated the must-wear law in 2004.

Louisiana is now among 19 states to have such a law, with requirements in states providing for something less than a universal duty ranging widely in rider and passenger restrictions.

Federal agencies and regulators such as the National Highway Traffic Safety Administration (NHTSA) and the Government Accountability Office (GAO) want more stress placed on safety measures that will reduce bike crash deaths across the country.

And they want that stress applied heavily and promptly, given the notably adverse numbers associated with motorcycle fatalities in recent years. Here’s just one sobering statistic: From 1997 through 2008, the fatality rate for motorcycle riders and passengers more than doubled, whereas fatalities in all other vehicle-related accidents across the United States decreased by five percent.

And the NHTSA adds this: For each mile traveled, a motorcyclist is about 30 times more likely to die in a crash than is a motorist in a car.

The federal government has given many millions of dollars to all the states as safety grants to enhance motorcycle safety and awareness. Administrators now say that they want greater flexibility in dictating where that money goes and how it can be optimally used to curb adverse bike outcomes.

The GAO states that the economic cost to society of bike crashes that occurred during 2010 was approximately $16 billion.

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olorado couple face domestic violence charges

Police officers arrive at the scene of suspected domestic violence for many different reasons. Sometimes, neighbors who overhear arguments call the police. Other times, victims of domestic violence reach out for help. And sometimes, third parties witnessing domestic arguments request police presence and a Tacoma dui attorney.

This third situation is how one Colorado couple found themselves in jail facing domestic violence charges. It is unusual for both the man and woman involved in a dispute to be taken into custody, but that is what happened in Colorado Springs last week.

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Product Liability: 4 Companies Recall Baby Cribs & Strollers

Four manufacturers of children’s products recalled their baby cribs and strollers this week due to product liability concerns: Graco Children’s Products Inc., Angel Line, Ethan Allen and Victory Land Heritage Collection. The product recalls include more than 40,000 cribs and about two million Graco strollers.

Graco Recalling Two Million Quattro Tour and MetroLite Strollers

The Graco stroller recall was announced on Wednesday. It was initiated voluntarily by the company because of multiple reports of injuries to children and four infant strangulation deaths.
According to the U.S. Consumer Product Safety Commission (CPSC), infants — particularly those under a year of age — can become wedged between the seat bottom and the stroller tray if they are not properly strapped in. Their heads and necks can become trapped by the tray, causing cuts and bruises or difficulty breathing.

The affected strollers were mostly between November 2000 and December 2007. Consumers can call Graco’s recall hotline at 877-828-4046 to check model numbers and request a free repair kit.
Nationwide 3-in-1 Crib Recall: Angel Line, Ethan Allen and Victory Land Cribs

Around 40,650 cribs sold by Ethan Allen, Angel Line and Victory Land Heritage Collection are being recalled due to product liability concerns brought about by six reports of child injuries, the CPSC announced today, October 22, 2010.

The 3-in-1 style cribs have drop-down sides that can detach, either because the hardware is faulty or due to wear and tear. This creates a gap where a young child could become trapped or suffocated. It could also allow the child to fall out of the crib.

Cribs with drop-down sides have been blamed for at least 32 deaths of infants and toddlers since 2000. More than 9 million drop-side cribs have been recalled in the past five years, and the CPSC has proposed rules to ban the manufacture, sale or resale of such cribs altogether.

The CPSC urges parents to stop using the cribs immediately. Bassinets, play yards and toddler beds are safer alternatives.

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Driving Under the Influence

The one that is most remarkable is in fact Driving While Under The Influence (DUI) and it is codified in RCW 46.61.502. This is actually the cost when halted by law enforcement where you are actually driving your automobile.

Physical Control
DUI’s other “form”, is Actual Control codified RCW 46.61.504. This is the demand where you stand not really currently operating the car when called by-law enforcement but alternatively you are off the roadway utilising the vehicle for housing, or possibly a place because you could have do not get any more to rest. Though they are individual fees the punishment under California legislation is precisely the exact same. You can find nevertheless, defenses that are different.

Per Se
Washington State DUI legislation includes a two-pronged approach to DUI Handle. Most widely known and the initial is the “Perse” prong. A person is guilty of driving while underneath the effect of intoxicating liquor or any drug if the person drives a car within this condition along with the person has, within two hours after operating, an alcohol concentration of 0.08 or higher as found by a proper investigation of the individual’s breathing or body. The proof listed here is typically inside the form of a breath or blood test.

Suffering From
The lesser-known prong is known as “Suffering From.” The statute suffering from intoxicating alcohol or any drug or just says that there is a person DUI in the event the person is driving under the influence of. Which means that the person were “suffering from” their alcohol consumption. The evidence here’s frequently eyewitness account of the policeman who identifies how the car was influenced all the way during your effectiveness on “sobriety” exams.

Like all circumstance where you will find numerous strategies to continue, the laws here also combine the two and a certainty may be secured by demonstrating that you will be beneath the “mixed” affect of or suffering from intoxicating any drug and alcohol. Regardless of whether you’re incurred with DUI or Actual Control the State may seek to use a breath test, or sobriety tests, or even a mix of the 2 to verify you’re at or over.08 or afflicted with alcohol while your drove were in “real handle” of the car.

The state has several methods and many undisclosed benefits in defending you for DUI, or if you get a Bellingham DUI Attorney. The protection of these accused of DUI isn’t for your weekend “knight” lawyer, instead it requires the dedication and determination of lawyers who frequently train themselves inside the methods of breath testing, sobriety testing, and Drug Recognition Professionals as a way to realize a the limitations and rhetoric used in the prosecutions of these people arrested

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When Would You Address a Vehicle Accident or Alternative Injury Resolution

You have met your facts were, collected by your client, do your fee agreement and put your file jointly. When is it time to contemplate settlement? You get a really lawyered up answer on this and get an experienced lawyer for federal crimes: It depends on the case. But here are some ideas concerning when resolution should be broached for personal injury lawyers.

First and foremost, check the statute of limitations. Unless it’s at least six months away, file your complaint. Don’t wait assuming you will settle. I could argue that practicable you want to file more immediately. You really do wish to avoid sitting up on the statute of limitations. Literally numerous legal malpractice suits have resulted from personal injury lawyers who’ve thought the case was “confident to settle” only to get hit on the head having an expiring statute of limitations or a failure to assemble all of the proper defendants in time.

You can always serve the defendant, send a duplicate with whom you have been coping, and consent to take no additional action within a fixed period of time, during which it’s understood that resolution discussions will undoubtedly be addressed. Even be sure early on, when opening your file, whether there are any statutory notice provisions with which you need to abide pre-suit. Claims against local and state governments typically have provisions for example these, which require particular notice to be given to designated officials. Miss among these and another thing you are going to get is a motion to dismiss, followed soon by a bar complaint, a claim for legal malpractice, or both.

You might wish to approach resolution as soon following the date of the accident as you possibly can, typically within the very first year and good before filing your complaint, if, should you not have an imminent constraints problem:

— The facts scenario is clear

— You have identified the defendant

— Damages are modest; and

— Responsibility is clear, whether it is in your favor.

In every event where restrictions aren’t an issue, resolution discussions should not begin until maximum medical improvement has been attained by your wounded client. What is maximum medical improvement? It is the point in time when your customer’s injuries are entirely treated, or he has reached the maximum advantage medical treatment will supply and his injuries have become irreversible. Typically, I counsel until the customer continues to be at maximum medical improvement for at least ninety days, not approaching resolution discussions. This allays fears that follow up treatment that the customer has just plateaued and will treat farther with all the passing of time, or will probably be required for any remaining residual criticisms.

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Who will cover your medical bills?

Besides being hurt and having damage to your property, you can be put by an auto accident in a situation of financial hardship. ER visit, an ambulance ride, X-rays and follow-up appointments can easily add up to tens of thousands of dollars of medical bills. Who is responsible? Who will spend? Keep reading to get a better understanding of Florida injury protection law.

Medical suppliers will submit invoices to the PIP insurance company (normally your insurance provider), and will undoubtedly be paid on 80% of the harmony. Once the insurance company has compensated $10,000 in advantages, it’ll consider your PIP coverage to be “exhausted”. This doesn’t necessarily mean that you can’t still treat using a doctor.

Because PIP is only going to pay 80% of any doctor’s bill, if will leave the rest of the statement your obligation. These excellent balances make up “out-of-pocket expenses”, which might be asserted as damages against the at fault party. There may be a few other types of coverage open to cover the remaining stability including Medical Payment Auto Coverage health plan, Medicaid or Medicare.

How do I handle my medical bills? When you are focusing on getting and recovering better, enable us to manage payment and the processing of your medical bills. We make an effort to ensure our customer’s doctor’s bills so are covered by the appropriate party and are handled in a timely way. As one more service, we negotiate balances on all your outstanding bills and will work with each of the suppliers.

WARNING: Call now to speak to a Delray Beach personal injury attorney for free advice concerning the best way to manage your doctor’s bills.