Are toys today safe to be played with?

Kids today own tons of toys. They love to play with Barney, Elmo, Lego blocks, action figures and a lot more variety of toys. In fact, parents buy their kids more toys than they buy them other necessary things such as books, clothes or food.

Most parents prefer their kids to play inside the house to prevent them from getting hurt. As a result, they buy them small indoor toys such as stuffed toys and building blocks. But, are your kids safe with these toys?

What the parents fail to realize is that the toy itself can hurt the child. A fallen piece of a robot can be swallowed by a little boy; and the fur of a toy animal can suffocate a baby girl.

Sad to say, there are manufacturers who care more for their income than the interest of their buyers. They couldn’t care less that their products can be hazardous to the children.

It is only recently that the government began to realize the danger that can be caused by these toys. As a result, the Congress passed a bill ordering for additional testing and safeguards for manufactured toys. Now the state has done their part in protecting our kids. What can we do to help?

It is but essential for the parents to check if the toys they are buying their kids are pre-approved by the government. They should check the toys labels or the boxes for the pre-approved seal. If the toys bear no seal, it is probably not tested by the government.

Also, even if the toys you want to buy for your kids bear a seal, it is also important to check the toys for yourself. You should ask yourself, is this toy safe to be played with by my child?

If you or your child have been injured or hurt due to toy defects or for any product liability concern, you should discuss this matter with a Product Liability Attorney. He can help you with your claim and other legal matters.

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Bus: Presumed Liable

I’d like to add a few ideas regarding this bus accident.

Compared to accidents involving two private vehicles or between a private vehicle and a pedestrian, the injured party in a bus accident has higher chances of collecting damages from the wrongdoer. This is because the bus is a common carrier.

A common carrier is a business enterprise, which is involved with carrying passengers and/or goods from one place to another. Common carriers first have to obtain a license from the state before they can operate. A license is needed because their business involves public interest and public safety.

Thus, the state requires them to observe extraordinary care and diligence when performing their business or when traveling with passengers and/or goods.

As a result, whenever a common carrier is involved in an accident, the law provides a presumption of negligence against the carrier, and in favor of the passengers or victims. The burden of proof lies with the carrier. It has the burden of showing that the personal injury suffered by the victims is not caused by its nonobservance or lack of extraordinary diligence.

Failure to oppose this presumption given by law would make the common carrier, after due proceedings, liable for the incident.

However, the victim may also be considered as contributory negligent in the case. When the common carrier proves, by sufficient evidence, that the victim performs an act or fails to do an act which also caused the incident, then his claim of damages from the common carrier may be mitigated or may even be reduced to nothing.

The only cause that can ultimately exempt the common carrier from its liability is by proving the attendance of fortuitous events or inevitable acts; and such events or act is the proximate cause of the accident.

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Employment Attorney Services, Helping the Oppressed

A news reported by the LATIMES, dated June 23, 2008 with the heading, “Lawsuit alleges Little India beauty salon chain exploits workers”, have caught the attention of the employment sector when the owners of Ziba Beauty allegedly committed employment law violations.

A class action suit was filed in this respect by former Ziba workers (many of them are female immigrants) against Ziba Chief Executive Sumita Batra, 39, and among her staff for allegedly committing employment law violations by not giving their workers the minimum wage and meal and rest breaks.

The plaintiffs in the action alleged that they were underpaid (paid as little as $4 an hour at the salon), was denied their rest breaks and was required to deliver hours of free henna tattooing services at parties. There are several complications on the case, to which up until now appears unresolved and was subject to public debate and speculations.

On my part, I will not dwell on expressing my unsolicited view on the case, but I will take concern of the employment issues that was involved in it.
As an Attorney with considerable number of years of practice specializing in Employment Law, I constantly hear complaints of these sorts from oppressed workers who have experienced unfair treatment from their employers in all matters of employment.

Especially nowadays, it is usual that workers can experience this kind of unjust treatment from their employers. These problems are ever growing and become hard to get rid of.

Despite the efforts wage by the government in finding concrete resolution to this labor injustice, whether in legislating employment laws that promotes rights of workers, or in giving liberal construction in favor of employees’ rights, the problem persists and the violation escalates.

As I view it, the more sensible thing to do, especially for the employees who are having these predicaments is to be proactive in dealing with their situations. The employee concerned must have their case heard and ventilated in the proper forum. They must exhaust all possible legal remedies, as permitted by law.

They can heed the services of Employment Attorneys that caters this type of cases to help them in their battle against their oppressor.

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Factors that may affect your Claim for Medical Malpractice

In the United States, study shows that medical malpractice is one of the common causes of death.

It is also reported that the number of unsatisfied claims seems to increase. Many causes may affect the claim of a victim. Some of these are:

• Your claim is barred under the statute of limitation.

If you are planning to file an action for medical malpractice, the first thing that you should do is to examine your state’s law on statute of limitation. Through this you will know the period when you can enforce your right.

Failure to file your action within the required period will prohibit you from filling any other action arising from the same subject matter in court. That is why it is important to know the law on statute of limitation.

• Failure to present copies of medical record.

Once you already know when to file your claim, the next step is to get a copy of your medical records.

One of the reasons why the victim does not get the benefits that he or she deserved is that, he or she fails to present concrete evidence such as a medical record to prove the nature and degree of injury he or she suffered.

Your medical records will be one of the court’s bases in assessing how much you are entitled to recover.

• Failure to consult a personal injury attorney.

Although you can enforce your claim against the party at – fault alone it is for your own good and benefit if you hire an expert lawyer in the field of medical malpractice.

An attorney will help you in establishing your case against the party at – fault.
He will determine what law will be applicable to your case and what other evidence you need to present to substantiate your claim.

He will also help you in determining when the right time for you to file your action and where to file your claim.

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Confidentiality Agreement Safekeeping

CONFIDENTIALITY AGREEMENT 'MISSING', SAYS LOWE NANNY'S LAWYERS, a news article published by The Internet Movie Database (IMDb) appears to be controversial where as found, actor ROB LOWE has reportedly lost the confidentiality agreement that he is using as a qualifying piece of evidence in the lawsuit he has filed against a former nanny.

According to the article, Lowe’s former nanny Jessica Gibson filed a lawsuit in California in April of this year alleging sexual advances made by the actor to her, which happens several times (between September 2005 to January of 2008). On his part, Lowe counters that Gibson was violating a confidentiality agreement along with charges of defamation and infliction of emotional distress.

Here is the catch, in the court paper filed on the 5th of June, Thursday at Santa Barbara Superior Court, California, the lawyer of Gibson filed a dismissal motion asking the court to dismiss the lawsuit after Lowe legal team revealed the document was missing. The motion was based on the main that Gibson was in effect sued for a nonexistent contract. Besides, Gibson denied that she was ever made to sign a confidentiality agreement before or during her employment with the Lowes as a nanny.

However, the Lowe’s side tells that all who works for Lowe knows that confidentiality agreements must be signed and that there are number of people who can attest that Jessica signed one. The only complication was that the confidentiality agreement supposedly signed and entered between Lowe and Gibson, went missing.

The import of this event to the employment world was that a confidentiality agreement once entered between the employer and the prospective employee must be kept safe and kept intact. This has relevance especially when complications in employment will butt in, ending with lawsuit such as this one.

With the permissible character on confidentiality covenant in the California settings, the party must take responsibility in complying with their respective obligations arising from the agreement. Along with the earnest compliance, the parties must also treat the contract with high regard, especially in safekeeping the same.

Well, as for now, let us just wait on what the court will say on the matter after the hearing set on 19 June 2008.

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Limiting Claims on Personal Injury: A Tortuous Attempt?

Personal injury-causing scenarios are quite common in our society. These incidents can happen at any place, any time and under any circumstance.

Generally, tort law is the same as personal injury law. Hence, any injury to one person caused by another is called a tort.

One of the most important social roles of tort law is compensation.

Victims of personal injuries are entitled to claims under the law on torts. The offender may be required to pay money by way of damages.

Another important role of tort law is that it serves as deterrent to negligent individuals by holding them responsible for their actions. It also educates the community as to what is unacceptable conduct.

The question now is: Are laws on tort enough refuge for individuals who are injured due to the negligent act of another? Do they promise fair and just compensation to these victims?

Well, tort reform has been the subject of many debates especially in this election season. It has also been subject of countless bills.

In California, cap on damages on personal injury cases specifically on medical malpractice cases is limited at $250,000. This has been dubbed as California's dirty little secret, which I suppose is not a secret to most of the people.

Personally, I do not agree on the implementation of a ceiling or a cap in determining compensation for personal injury cases.

First, each injury is different from another. Let say if a cap for injury is set at $50,000.00 then chances are it will be insufficient for major injuries especially those injury, which needs continuous treatment.

Second, let the court decides on the amount of damages. The courts are precisely there to determine the liabilities of the parties by evidence presented.

Last, let the lawyers do their homework. Claims must be based on allegations properly proved in court.

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GINA, a New Law to Battle Employment Law Violations

A new law has been signed by President Bush last May 21, 2008 to prohibit employment discrimination based on genetic information. The Genetic Information Nondiscrimination Act or GINA applies to employers and insurance companies covered by Title VII.

The provisions under GINA are quite similar to Title VII. As stated under this law, employees who have experienced workplace or hiring discrimination must still file a complaint with the Equal Employment Opportunity Commission before they may pursue discrimination suits against their employers.

GINA also entitles the discriminated employees the right to a trial and the right to demand compensatory and punitive damages from their abusive employers. The recoveries also include the attorney’s fees.

The law statutes pertaining to discrimination will be implemented November next year, 18 months after the president signed the proposed law. The other part that tackles group health plans will take effect in May 2009.

Like what many employees and jobseekers say, this law will cause alarm for those employers who still manage to exercise discriminative actions and other Employment Law violations. We all know that discrimination and abuse is still rampant in the employment sector. With this law, the employees will gain better protection against their employers.

Nevertheless, if you have any other inquiries about GINA, or if you think you have been a victim of employment discrimination, it is still best to consult a credible attorney to obtain justice on these types of Employment Law violations.

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How Efficient Minute and Resolution Preparation Boost Company’s Success

In today’s competitive world, companies should not only be abreast of the recent developments in line with its business but more so with welfare of the company.

One of the ways of doing it is by preparing minutes and resolutions.

The purpose of minutes is to give a formal record of the decisions and substantive discussion occurring in a meeting and affords a record of the integrity of the meeting. The substantive discussion should be recorded in a clear and concise manner.

Consequently, information is readily accessible and verifiable in case of policy making and implementation disputes by and between the officers or members of the company.

In our law firm, minutes are very important especially to those who are unable to attend the meeting. It serves as a precise documentation of record of decision made and actions planned. Hence, at the time we discussed the same matters again, all of my firm mates will have the chance to participate.

Moreover, minutes will enable members to adequately prepare for the next meeting. In doing so, no agenda will be left hanging or overlooked.

With respect to resolutions, preparations of it should ideally be in a standard form in order to facilitate the processes of agenda preparation and decision-making.

As it is, one should be able to understand by mere reading of what actions are being proposed and by whom, what, when, where, why, and how. It has to be in a manner that when one looks at it years from now, the reader should be able to ascertain what action was taken based on the resolution.

You see preparations of meetings and resolutions alone play a vital part in the company’s framework. All of its major decisions significantly depend on the company’s internal composition.

Although preparations of minutes and resolutions make up only a portion of the company’s affairs, still it would spell a lot of difference if these details are efficiently laid out and accomplished.

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