Are You Leading Your Dog Or Is Your Dog Leading You?

Posted on April 23, 2012 by Matt Powell

Do you walk your dog regularly?  How frequently, during those walks, is your four-legged friend walking ahead of you?  If your answer is “always” or “very often,” then you may be teaching your dog bad habits, which could lead to more serious issues down the road.

Walking a dog correctly is the best way to ensure that you don’t run into problems and potential lawsuits after leaving the house.  The correct technique starts at home, even before you take your first step out the door.

When you are getting ready to walk, it is wise to call the dog to your side, rather than walking over to him or her.  Hold the lead out in front of the dog, but wait until the dog sits and is relaxed before snapping it into place.  This is the first step in ensuring that your dog realizes that you are in charge.  Even hyper dogs can be trained to follow simple commands, if they believe their person is the “alpha.”  Once the collar and leash are in place, stand still again, until the dog settles down and be sure that you are the first one out the door.

In order to assert your dominance, snap the leash quickly whenever the dog begins to tug.  This is not meant to hurt the animal, but only to show him or her that the behavior is unacceptable.  Keep the leash short and loose.  Other times that might dictate a snap of the leash are signs of diverted attention (i.e., stopping to sniff the ground or confronting a barking dog).  The idea is to keep the dog at your heel, walking at a comfortable pace, and stopping together when necessary (at crosswalks, to talk to others along the way, etc.).

Teaching your dog to stay calm and to follow you is very beneficial.  This will prevent your animal from acting as an alpha in awkward situations.  A bite to another animal or person, slipping the leash, or pulling too hard on your arm could cause serious injury, lawsuits, or unfortunate consequences for an otherwise good dog.

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Know What To Expect From The Product You Are Putting Your Child In

Posted on April 20, 2012 by Matt Powell

There is a lot of talk about car seats today and how they are frequently used incorrectly, suffer invisible damage in car accidents, or just have faulty components that result in recalls.  However, car seats are not the only child-oriented devices that can fail and result in injury.

In 2002, a company called Century had to recall a large number of strollers after more than six hundred reports of collapse.  Two hundred-fifty kids were injured as a result.  Eight years later, more than one and one-half million strollers were recalled by Graco and Cybex because the components within them had the ability to lacerate or completely amputate children’s fingers.  Five children suffered the latter fate.  So, why are nearly fifteen thousand kids rushed to the emergency room per year after stroller-related accidents?

Collapsing and/or tipping are the primary concerns.  More than 90 percent of kids treated have suffered injuries to the head.  However, it isn’t just falls and folding that result in emergency situations.  As mentioned above, hinges and other components can pinch, cut, or remove children’s tiny fingers.  Sharp edges can also cut, small parts can be choking hazards, or when slipping through leg holes, kids can be accidentally suffocated or strangled.  There is a lot of room for error with anything that is meant to carry young children.  Even the straps, which are meant as safety devices can cause a child to become entangled if not used correctly.  As a result of the many incidents that occur, statistics tell us that two children will lose their lives each year.

When a stroller malfunctions, resulting in injury, medical attention should be the first concern.  However, it is also important to consult an attorney.  The cost of medical bills or the potential for lost wages while you care for your child may be covered by the damages paid in a lawsuit.  Consulting an attorney is the best way to determine if you have a case against the manufacturer.

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Why Truckers Shouldn’t Be Sleepy on the Streets

Posted on April 18, 2012 by Matt Powell

Many drivers on the road today fear riding alongside tractor-trailer trucks.  After all, these large vehicles are driven by men and women who have received a bad reputation for being overtired and too aggressive.  Fortunately, the United States Department of Transportation is constantly taking action to prevent over-tired drivers being the result of tractor trailer accidents, so other drivers can feel more secure on the roadways.

There are a number of laws in place, which are regulated and enforced by the US DOT, that outline exactly how many hours a person can drive the oversized vehicles before taking a mandated break.

Each twenty-four hour period must be divided.  The most time that can be spent on duty each day is fourteen hours.  Not all of that time can be spent driving either.  Just eleven of the fourteen hours can be spent behind the wheel and ten hours of off duty time must break up shifts.  Beginning in 2013, the laws will change, becoming even more specific.  At that time, the fourteen hour shifts will be further regulated.  The drivers will not be allowed to drive more than eight hours between breaks.  Those breaks must be at least thirty minutes long and should be used for sleep.

Currently, it is stated that truckers may not work more than 60 hours in 7 days or 70 hours in 8 consecutive days.  Those periods of time must be split by at least 34 hours of being off-duty.  Again, the changes in 2013 will further regulate this, mandating that the 34 hours must include two “nights,” with nights being considered the hours between 1:00AM and 5:00AM.

The times in and out of work must be recorded for drivers so they can be reviewed by the authorities, if requested.  While it may seem extreme to have such rigid guidelines, it is important for other drivers on the road that truckers not be overworked.  It is far too easy for a fatigued driver to make a fatal mistake on the road.

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Better Biking: Tips for Motorcycle Safety

Posted on April 16, 2012 by Matt Powell

There is a trend occurring throughout the United States as more and more travelers take to the road on two wheels instead of four.  Higher gas prices have led more people to consider motorcycles as a primary form of transportation.  With a tendency to go much further on a gallon of gas, there is little wonder why so many have looked to them.  Unfortunately, riding a motorcycle presents an entirely different set of challenges than driving other types of motor vehicles.  So, if you are going to join the masses taking to two wheels, then you may want to consider the following tips, so you can avoid problems on the road.

Regular Check-Ups. Just as your body requires regular check-ups to continue operating efficiently, so does your bike.  Check the components of the bike as often as possible.  This includes the tires, lights, fluid levels, and gauges.  Be sure that your motorcycle is up to the challenge of taking you from point A to point B safely.

Dress Smart. Protect your body as much as possible whenever riding a bike, because even the most experienced riders are not invincible to accidents.  It is wise to wear a leather jacket and pants.  Not only do they look the part, they also help to protect your body should you fall (or be knocked) from your motorcycle on the road.  If it’s too hot for leather, at least choose pants, long sleeves, a helmet, boots, gloves, and eye protection.  The experts also advise reflective strips on your clothing when riding at night, so other vehicles are sure to spot you.

Ride Smart. Stay in your own lane and keep space between you and other drivers at all times. Always signal lane changes, turns, and other maneuvers to give fellow drivers warning.  It is also wise to come to a stop slowly, flashing brake lights to avoid accidental crashes.

Gain Experience.  Don’t hit the roads with the heaviest traffic or tightest bends before practicing on your bike for a while.  It’s better to ride on easily navigated roads for a while, before taking to the highway.  Experience can help you get in and out of sticky situations without incident.

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Tort Law Defined

Posted on April 13, 2012 by Matt Powell

For those who have suffered at the hand of another person or entity, understanding the law is an important matter.  The first and most important of them is the term “tort law.”

In short, tort law is a division meant to address the claims of one person or entity against another for acting with negligence.  The lack of care or moral standards on the part of the defendant (the party who is sued) must have resulted in some form of injury to or loss by the plaintiff (the party who files the lawsuit).  If the court finds in favor of the plaintiff, the defendant will generally be required to pay some amount of monetary penalty to the plaintiff.  The amount, which is determined by the judge or jury, is referred to as the damages of the case.

Tort law is a form of civil law.  That is to say that a plaintiff must come forward and file the case.  It is not considered a form of criminal law, which would generally involve a government representative acting as a plaintiff “for the people.”

Common examples of tort lawsuits involve car accidents, slips and falls, dog attacks, product malfunctions, and copyright infringement.  However, there are many other types of complaints that can fall within this category.  As long as the person suing faced some sort of injury or loss as a result of the action (or failure to act) on the part of the defendant, then it will be considered a tort case.  This, of course, places a certain level of burden on the plaintiff.  In order to win damages, the plaintiff must prove that the defendant did not act with care and morality, and that the failure to do so directly resulted in the injury or loss suffered.  This is referred to as the “burden of proof.”  It is the most challenging element of all tort lawsuits and the primary reason why the majority of plaintiffs will hire experienced attorneys.

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Is Law the New American Trend?

Posted on April 9, 2012 by Matt Powell

With the American economy still on shaky ground, many are looking at the young generations to see how they will react, what choices they will make, and how they might survive in a time when jobs are so hard to come by.  One of the most interesting trends, recently noted by the Wall Street Journal, is a change in the number of students entering college in search of a law degree.

While not all law schools can boast higher number of enrollments, there has been a top ten list created that names those colleges and universities that have seen the continued growth in law students.  Among those schools named on the list generated by U.S. News and World Report were the University of Virginia School of Law, Georgia State University College of Law, and North Carolina Chapel Hill School of Law.

Though these colleges have seen rather substantial growth, overall law schools, as a whole, are not likely to see a great influx of new enrollees in the near future.  The same report noted that of the 188 schools tracked, just a quarter of the offers presented to potential students were accepted.  That percentage is a decline from the same time last year.  It was also noted that the number of LSAT tests given dropped by nearly 25 percent in just two years’ time.  So why is there a sudden decline in interest?  The sudden fading of attraction to the law field comes after three years of vast growth.  By 2015, the law field will welcome 45,000 law school graduates.  By the time that occurs, it will likely be a good thing to see a slight decline.  Today’s youth appears to be acting with greater attention to the current status of the varying professional fields, making decisions based on which might offer the greatest potential and stability in the future.

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How to Become a Judge

Posted on April 6, 2012 by Matt Powell

If you are reading law articles and blogs just because they interest you, then you would likely be even more intrigued to know how you could become a part of that way of life.  For those who have interest in becoming a judge, this blog will explain the basic process that must occur to reach that end.

Choose a College- After all the encouraging of parents, grandparents, teachers, and basically all other interested adults, a person will have to make the decision regarding which university will provide the best bachelor’s program given his or her interests.  A criminal justice program or something of equal value would likely be the best choice.

Don’t Stop Schooling- In order to make the next transition, from an undergraduate college to law school, one will have to pass the LSAT exam (Law School Admission Test).  The higher the score achieved on this test, the more doors will open for that individual.

Experience Matters- For those who know that becoming a judge is the ultimate goal, very often the next logical step will be to apply for a position as a law clerk.  This provides experience and access to the courtroom on a regular basis.  Others may start as attorneys instead.

Looking for Opportunity- There is a limited number of judges in this county, which means that a person looking to become one will have to wait for an opening and act quickly to be considered for the position; connections and reputation matter in this business.  That means that networking is an essential part of climbing the ladder.  Those who will have the best chance of hitting the desk with a gavel will be well educated, have ample experience, and will work well with others.

Even More Schooling- Training sessions are continually offered in the field of law and even currently appointed judges will have to participate in some of those courses.

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Courtroom Lingo

Posted on April 4, 2012 by Matt Powell

Very often, one of the most complicated issues for people going into court is the vocabulary.  Courtrooms seem to have their own dictionary full of terms that are generally unrecognizable to anyone outside that arena.  However, a little prep work before the case may set you ahead of the crowd.  For instance, here are a few terms to study before you stand in front of the judge.

Allegations- This is the statement of either party regarding what he, she, or they are aiming to prove during the trial.

Appeal- This is the act of the plaintiff or defendant to convince a higher court to hear the case again, in an effort to change the outcome.

Burden of Proof- This is the term that suggests that it is the responsibility of the plaintiff to prove that the defendant acted unjustly, illegally, or immorally.

Continuance- Adjournment for a day or a set period of time, after which the case will continue to be heard.

Counterclaim- This term is used when the defendant claims that the plaintiff has participated in some wrongdoing that has led to the defendant facing some form of injury or loss.

Damages- This is the sum being requested by the plaintiff as payment for the loss or injury suffered at the hands of the defendant.

Due Process- This is the constitutional right that guarantees that every accused person has the right to a fair trial.

Hearsay- This is evidence that is based only on what was heard, not on what was seen or personally experienced.

Inadmissible- This is a decision of the court to deny specific pieces of evidence or testimony due to the laws of the court system.

Negligence- This is acting outside the accepted norm of responsible care.  Negligence on the part of the defendant is what drives the plaintiff to file the initial lawsuit in a civil case.

Perjury- This is the act of providing false evidence or false statements while under oath.  It is considered a criminal offense.

Pleadings- These are the written testimonies of the plaintiffs and defendants in a case, which are presented to the judge prior to the trial.

Statute of Limitations- The specified amount of time that a person or entity has to file a claim against the accused party.

Verdict- The official findings of the judge or jury that will determine the outcome of the case.

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Can You Trust That You Won’t Be Pregnant Next Month?

Posted on April 2, 2012 by Matt Powell

Women of a wide range of ages rely on birth control to keep them happy in a relationship, while avoiding an unwanted pregnancy.  While there isn’t a birth control on the market that is 100% effective, the majority are considered very dependable.  Unfortunately, when a company gets it wrong in this market, the results can be very troubling – emotionally, physically, and financially.

Hoping to prevent the accidents that will send couples into times of difficult decision-making, Pfizer just made the decision to recall more batches of oral birth control pills.  Nearly one million packets are being recalled after news broke of pills being inserted into the packets in the wrong order.  A woman and regular user of this type of birth control was the one who reported the reversal.  The company did research and found that several packages were out of order or contained the wrong number of active hormone filled pills.

There are three types of pills that are included in the Glenmark birth control packets.  Each set contains a different level of hormones, which are meant to control a women’s cycle and prevent unwanted pregnancies.  Taking the pills in the wrong order will leave women, many of whom are teenagers and very young adults, without adequate protection, as one row of pills is filled with placebos.

Women using the recalled birth control pills are warned to return them to the pharmacy and begin using condoms or other forms of non-hormonal birth control immediately.

Though most cases of accidental pregnancy are not grounds for lawsuit against birth control companies, who are careful to label their products to alert consumers that they are not 100% effective, this situation is different.  If it was the fault of the birth control manufacturer due to production, packaging, or other complications, and you find yourself pregnant as a result, you should speak to an attorney about your rights.

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