Stockton, California Police Officer Arraigned in Drunk Driving Accident Case
Stockton, California Police Officer Arraigned in Drunk Driving Accident Case
Author: Robert Reeves
As an update to a story we carried last month in our California drunk driving accident lawyers blog, a former Stockton police trainee has been arraigned in an accident case that killed one of his passengers. According to the Modesto Bee, 27-year-old Ryan Honnette has been arraigned on charges including driving with a blood alcohol percentage of 0.08 percent or more, driving under the influence of alcohol causing injury, and gross vehicular manslaughter while intoxicated. The accident that he has been charged in relation to took place on October 18th. Honnette was driving a Ford Excursion with four passengers inside. As he approached the Highway 132-Lake Junction, Honnette seems to have lost control of the vehicle. He tried to get the vehicle back on track, and over-corrected. The SUV rolled over. 25-year-old Matthew Miller, who was sitting in the back seat, was thrown out of the SUV. He suffered severe injuries, and was taken to the hospital where he died a while later. The other passengers in the car escaped with minor injuries. Honnette walked away without any injuries. Honnette was arrested on suspicion of drunk driving. His blood alcohol level was apparently 0.15 percent. He was just a few months away from finishing his police officer training, and was placed on paid leave as a result of the drunk driving accident. He is currently looking at a sentence of more than 10 years, if convicted. This is a classic example of a man throwing his life and career away in one instant of lunacy. You would expect Honnette to be more aware of the dangers of drunk driving. As a police officer in training, he likely had access to DUI offenders who were looking at punishments ranging from license suspension to prison time. Yet, he chose to get behind the wheel too drunk to drive anyway. His blood alcohol levels were almost twice the legal limit, which makes you wonder what exactly he took home from his police training program. This sort of behavior would be intolerable from an average motorist – from a man of the law, it’s completely unacceptable. Honnette deserves the strictest punishment he can get for his negligent behavior.
Article Source: http://www.articlesbase.com/personal-injury-articles/stockton-california-police-officer-arraigned-in-drunk-driving-accident-case-673382.html
About the Author:
The Reeves Law Group is a California law firm of dedicated California Accident Lawyers & Personal Injury Attorneys . Need a California Car Accident Injury Lawyer, Auto Accident Attorney , or a California Drunk Driving Accident Lawyer ? Call (800) 644-8000 for a free consultation.
Driver in Drunk Driving Accident Leaves License Plate Behind After Crash
Driver in Drunk Driving Accident Leaves License Plate Behind After Crash
Author: Robert Reeves
A pickup truck driver who smashed his vehicle into a car in Manteca, California in a severe car accident that caused injuries to its two occupants, left an unlikely calling card at the scene – his vehicle’s license plate. That was all the evidence police needed to nail the driver who had fled from the scene of the accident. The passengers in the car were a young Taiwanese couple who were in the country on a visit. According to the Manteca Bulletin, the couple was on their way to Santa Clara at about 6 pm on Friday night, when their car was broadsided by a pickup truck. The truck’s driver didn’t wait around to see how he could help the occupants of the car. He fled from the scene. The driver of the car, 35-year-old Chung Yuyu, told police that he had no recollection of anything that happened after the pickup crashed into his car. His fiancee, I-Seng Ling was trapped in the right side of the car, which suffered the greatest impact of the car accident. She had to be extricated from the car after rescue personnel removed the door to free her. Ling was taken to the hospital for treatment of her injuries. The news story would have ended right there if police hadn’t found the license plate of the pickup truck on the road. They immediately contacted the Ripon Police Department to identify the vehicle, and match it with the license plate that he left behind. Within a few hours, it was established that the owner of the truck had indeed been the one driving the pickup. Ripon police officers went to his house, and administered breathalyzer, sobriety and field sobriety tests. According to officers, he failed and was booked. The truck driver tried to protest, the news report says, claiming that all he had were a few beers, but to no avail. He was taken to San Joaquin county jail. The Manteca and Ripon police departments should be commended here for the excellent way they went about coordinating their efforts to locate the pickup driver. What could have been another hit and run accident has ended with a name and a face to the driver who caused an innocent couple, visiting from out of the county, so much harm. This young couple has had a much-anticipated visit run sour by the suffering they have been forced to undergo. Ling, who suffered severe injuries to her neck and the right side of her body, will likely spend a few days in the hospital – paying out of her pocket for medical expenses and hospital bills that she shouldn’t have had to deal with in the first place. The couple must know that this country has ways in place to deliver compensation to innocent victims who have been injured by errant motorists. They must consider seeking the experienced counsel of a California car accident lawyer, so they can begin the process of recovering compensation for their troubles.
Article Source: http://www.articlesbase.com/personal-injury-articles/driver-in-drunk-driving-accident-leaves-license-plate-behind-after-crash-673380.html
About the Author:
The Reeves Law Group is a California law firm of dedicated California Accident Lawyers & Personal Injury Attorneys . Need a California Car Accident Injury Lawyer, Auto Accident Attorney , or a California Drunk Driving Accident Lawyer ? Call (800) 644-8000 for a free consultation.
California Sees Sharp Drop in Holiday Auto Accident Fatalities
California Sees Sharp Drop in Holiday Auto Accident Fatalities
Author: Robert Reeves
There was more than one reason to be thankful during the holiday season this year, traffic accident fatalities were markedly down across California as compared to last year. According to the California Highway Patrol, a number of counties saw a significant drop both in the number of car accidents, as well as the fatalities resulting from these. In Santa Cruz County, there was just one fatality from a car accident over the weekend. A 44-year-old man was killed in a head on collision, and apart from that, there were no other serious auto accidents. In San Diego County, the story was similar with three car accident deaths over the holiday, compared to five deaths last year. In San Francisco, the number of deaths from car accidents over the four-day holiday weekend, was 2 this year, the same as last year. The statistics were reflective of a wider sense of safety across the state, as the usual crash-heavy Thanksgiving holiday season drew to a close. The season has typically been a busy time for CHP officers who work overtime to keep drunk drivers off the streets, and casualties and injuries to a minimum. The combination of alcohol and family can lead to high spirits, and considering that this is the season that most people are driving across the state and cross-country to gather with family for the holiday, the potential for accidents and fatalities has always been huge. The statistics this year from just about every county are pointing to a decrease, and we have our committed CHP officers to thank for it. Across the state of California, the number of fatalities in auto accidents was 33, a drop from 41 during the same period last year. Out of the victims, at least 10 were found to have not been wearing seat belts at the time of the crash. Drunk driving arrests were also fewer this year, with about 1530 arrests compared to 1628 last year. According to the CHP, the focus of the agency over the holidays was increased monitoring of drunk driving, seat belt violations and speeding, which together form the three main reasons for fatalities in car accidents. Besides, there is the fact that people have been traveling lesser this year than they did last year. Traditionally, Thanksgiving has been the time when there are more vehicles on the road than at other times of the year, with the possible exception of the Christmas season. However, this year, a slow economy, stubborn gas prices, and a general gloomy economic outlook led to experts forecasting a drop of about 2 percent, in the number of cars on the highways this year. With fewer people inclined to step on the gas, and fewer vehicles on the highways, the resulting drop in congestion could have contributed partly to the drop in accident rates. Even so, credit is due to the California Highway Patrol for the way the holidays have gone by with fewer accidents and deaths to report.
Article Source: http://www.articlesbase.com/personal-injury-articles/california-sees-sharp-drop-in-holiday-auto-accident-fatalities-673377.html
About the Author:
The Reeves Law Group is a California law firm of dedicated California Accident Lawyers & Personal Injury Attorneys . Need a California Car Accident Injury Lawyer, Auto Accident Attorney , or a California Motorcycle Accident Lawyer ? Call (800) 644-8000 for a free consultation.
Settling Personal Injury Claims – Slip and Fall
Settling Personal Injury Claims – Slip and Fall
Author: Arek Zbikowski
In all actuality, personal injuries may occur anywhere. In the beginning, these injuries may look small and may be overlooked, but later on, this will lead to some major injuries. Within these types of situations, it is extremely important that you seek out the guidance and assistance of a personal injury lawyer. However, keep in mind that it is always recommended for you to find a personal injury lawyer within your local area. This article will provide you with the information and insight that you need in order to locate the most qualified lawyers that are the most suitable for your basic needs. In the event of a slip and fall, the very first thing that you should do is locate and identify a personal injury lawyer that specializes within these types of cases. Unlike the earlier times, the legal profession has became very competent and the thing that is most sought after is specialization. This step is important for those individuals that are seeking out a means of releasing some of the stresses that are associated with these types of cases because you will understand that the lawyer has a thorough knowledge of each and every aspect of cases relating to slip and falls. The second factor that you should consider is the lawyer’s experience, in addition to the history of slip and fall cases the lawyer represented. It isn’t a very good idea to conclude that an attorney that has no or less experience isn’t skilled enough to handle these types of cases. So as a general rule, it is a very wise idea to hire a personal lawyer that has relevant experience with well-established credentials within handling slip and fall cases. Overall, it is very important for you to understand that the lawyer’s fee, this will allow you to compare the fees of each individual lawyer and see how much of an impact it is going to have on your wallet. Normally, these is a great variation within the lawyer’s fee, but checking the lawyer’s fees will allow you to select a lawyer that has a fairly decent fee system and that is most suitable for your wallet. The fourth point that you should consider is meeting the lawyer that you are interested in hiring in person. This will allow you to understand what the lawyer has to offer for the fee that is being charged. It is always a wise idea to collect credentials and information concerning the lawyer in advance. However, a meeting will allow you to form a precise picture of the individuals that you are going to be dealing with on a regular basis. In order to understand and evaluate the professional skills and credentials, meetings are very important. By taking the time to meet with a lawyer, you will be able to discuss things in-depth and take a look at all of the skills that the lawyer has in relationship to your individual case.
Article Source: http://www.articlesbase.com/personal-injury-articles/settling-personal-injury-claims-slip-and-fall-673141.html
About the Author:
This article was written by Arek Zbikowski. To read more articles about settling personal injury claims feel free to visit my site at www.settlingpersonalinjuryclaimsinfo.com.
Hit and Run Accidents
Hit and Run Accidents
Author: Patricia Woloch
While it may seem unreal to most of us that someone could hit another car and drive away, it happens more than you think. In some cities, hit and run accident can make up a quarter of all accidents reported. The most common hit and run accidents happen in parking lots when one car hits another parked one. It can be aggravating to come out to your vehicle and see damage done with no one around and no note on how to contact the perpetrator. However, this is nothing compared to hit and run accidents when a driver flees and leaves behind someone with a personal injury. Identifying the fleeing driver obviously requires witnesses. If you’re lucky, you may get a partial license plate number as well as the make and model of the car. Then you can hope that the authorities can track down the person who hit you. More than a few people have been caught after they were chased down by witnesses or the victim, something you should not do. Other times the person is caught when they bring in their own car for repairs. Not all or even most hit and run accidents are ever solved. Police forensic science is good, but it isn’t CSI: Miami, and many of these cases take weeks or months to solve. Furthermore, they never really show the victim trying to deal with their insurance, finding a new way on getting to and from work, or figuring out how to pay medical bills. Recovering Damages It can be difficult to recover damages in a hit and run accident. If the person who hit you is never identified, there is no way to recover damages from them. Also, there is a good chance that the person fled because they didn’t have insurance in the first place, or was driving under the influence. Recovering damages from underinsured or uninsured motorists can be difficult enough even if they stay. The best thing you can do is make sure you are covered by your own insurance for under- or uninsured drivers. If this is the case, you may be covered for medical expenses, lost wages, and property damage. If you are not, then it is important you contact an experienced hit and run lawyer to get the compensation you deserve.
Article Source: http://www.articlesbase.com/personal-injury-articles/hit-and-run-accidents-656428.html
About the Author:
If you have been the victim of a hit and run accident in the Tulsa or Oklahoma City, Oklahoma or Fort Smith, Arkansas area, please contact the experienced personal injury attorneys at Carr & Carr .
Property You Cannot Keep in Chapter 7 Bankruptcy
Property You Cannot Keep in Chapter 7 Bankruptcy
Author: Isabel Searie
When filing for a Washington State bankruptcy, some types of property are typically non-exempt and can be used to pay at least a portion of the claims of creditors. Examples of non-exempt property include: cash and bonds (not part of a retirement account), investments over a certain amount, a second car (for single, non-married debtors), a second home, family heirlooms over a certain value, valuable collections such as paintings, coins, or stamps, and expensive trade or business equipment. The filing of a Chapter 7 bankruptcy will also stop garnishments and civil lawsuit proceedings and, in most cases, discharge the debts underlying these proceedings. The length of a Chapter 7 Bankruptcy case is generally 3-4 months from filing the bankruptcy petition to the final discharge of debts. In order to find out if you qualify for a Chapter 7, it is important to talk with an experienced Washington bankruptcy lawyer. The state median income level Under the new bankruptcy laws that took effect October 17, 2005, if your income is above your state’s median income, you may not qualify for Washington State Chapter 7 protection. The median income varies from state-to-state and each state therefore has their own list of the state median income thresholds for individuals and married couples with or without dependent children. Non-Dischargeable Unsecured Debts Certain unsecured debts are not dischargeable in a Chapter 7 Bankruptcy and must continue to be repaid in full. These include unpaid taxes, government- backed student loans, and unpaid child support. In many cases, however, your monthly payments of these debts can be restructured and lowered by filing a Washington Chapter 13 Bankruptcy. Chapter 7 also gives you an option to “Redeem Your Vehicle”. This process involves you paying the secured creditor the fair market value of the collateral, which is typically far lower than the amount you still owe on your current car loan. In exchange for redeeming your vehicle, the creditor provides you with the release of their lien. There are several redemption finance companies we can refer you to that will provide you with a loan will have new and lower payments based upon your vehicle’s current and fair market value.
Article Source: http://www.articlesbase.com/bankruptcy-articles/property-you-cannot-keep-in-chapter-7-bankruptcy-699683.html
About the Author:
At Washington State Bankruptcy Attorney over 90% of individuals and families still qualify for Washington State bankruptcy laws under the 2005 bankruptcy reform act.
Chapter 7 Bankruptcy Overview and Characteristics
Chapter 7 Bankruptcy Overview and Characteristics
Author: Isabel Searie
A successfully filed Chapter 7 Bankruptcy completely discharges, or wipes out, most unsecured debts , including but not limited to credit cards, medical bills, utility bills, payday loans, and any other debts that do not have collateral or a hard asset attached to them. Chapter 7 bankruptcies are the most common type of bankruptcy and are commonly referred to as a “Fresh Start” Bankruptcy. Characteristics of Chapter 7 include: 1. Permanent Discharge of Unsecured Debts In general, all or nearly all unsecured debts are eligible for discharge in a Washington State Chapter 7 bankruptcy. These are debts that have no assets attached to them. For example, the following are all typically discharged in Washington Chapter 7 bankruptcy: credit cards, unpaid medical bills, repossession deficiencies, signature loans, payday/cash advance loans, most collection matters, and nearly all lawsuits. Certain debts, however, such as student loans and back taxes, probably will be eligible for discharge. 2. Permanent Discharge of Secured Debts if the Secured Property is Surrendered If you choose to surrender property that is carrying a debt balance, these debts are typically permanently discharged as well. For example, the secured loan on a car is wiped out (discharged) if you allow the car is repossessed or simply forfeit it and where you owe more than the car is worth (a repossession deficiency). If not already repossessed, the property can be surrendered before or after you file for bankruptcy. 3. Automatic Stay After you sign off on your Washington State Chapter 7 Petition, our offices will electronically file it in United States Bankruptcy Court. Immediately upon filing, the court enters an order protecting you from all creditor action. In so doing, the Bankruptcy Court orders all creditors to stop all harassing phone calls, lawsuits, threats, judgments, repossessions, and garnishments. This protection Order is known as the “Automatic Stay”. 4. Keep Exempt Property Most people are able to keep all of their property in a bankruptcy. If you have furniture and household goods of average value and are willing to keep up your car payment(s), you will most likely keep all of your personal property. Retirement accounts (401(k), IRA, etc) are also exempt property that you will be allowed to keep following a final discharge of your unsecured debts in a bankruptcy proceeding. 5. Keep your House In a Chapter 7 bankruptcy, you may continue to pay your mortgage or your car loan and keep the house or car by signing a “Reaffirmation Agreement” or, in most cases, by simply remaining current on your secured debts and continuing to make the regular payments. In effect, a reaffirmation agreement takes the place of your original agreement and essentially makes it as though you have not filed a bankruptcy on those particular loans. In many instances, however, we do not recommend filing a reaffirmation agreement. We simply recommend that you keep making your monthly payment. Usually homeowners who file for bankruptcy do so because they do not have enough equity to refinance their home to pay of their unsecured debts. In the State of Washington for example, so long as you do not have more than $125,000 of equity after typical closing costs from a sale, you are virtually assured of keeping your home so long as you continue to make your mortgage payments (and secured lines of credit, if any). While filing for bankruptcy will not lower your regular monthly mortgage payment, a Washington State Chapter 13 Bankruptcy (not Chapter 7) will allow you to catch up on your payments over as long as a five-year period. In order to qualify for a Chapter 13 bankruptcy, however, you must make payments toward the amount you are behind in your mortgage AND be able to make your regular mortgage payment. If you can now afford to make your mortgage payments, but still wish to sell your home, filing a Chapter 13 bankruptcy will cancel the scheduled foreclosure sale and give you time to list your property for sale. This will allow you to gain more profits and to net additional proceeds from your home than you would typically earn at a foreclosure sale. 6. Keep Your Car So long as you continue to make your car payments, you can typically keep your vehicle(s). Most people who have car payments do not have enough or any equity in their vehicle for the cars to be considered non-exempt. In fact, in the majority of cases, people owe more than their car is worth. Only in cases where you have a car that is worth considerably more than the amount owing on it, or a car of significant value where you have no loan on it at all, would you not be allowed to keep your vehicle in a bankruptcy proceeding. Chapter 7 also gives you an option to “Redeem Your Vehicle”. This process involves you paying the secured creditor the fair market value of the collateral, which is typically far lower than the amount you still owe on your current car loan. In exchange for redeeming your vehicle, the creditor provides you with the release of their lien. There are several redemption finance companies we can refer you to that will provide you with a loan will have new and lower payments based upon your vehicle’s current and fair market value.
Article Source: http://www.articlesbase.com/bankruptcy-articles/chapter-7-bankruptcy-overview-and-characteristics-693317.html
About the Author:
At Seattle bankruptcy attorney over 90% of individuals and families still qualify for Washington bankruptcy laws under the 2005 bankruptcy reform act. Research indicates that over 90% of those eligible to file for bankruptcy in Seattle, Everett and Tacoma.
Writing a Loan Modification Hardship Letter
Writing a Loan Modification Hardship Letter
Author: cdloanmod
A financial hardship letter explains to your creditor why you are in financial trouble and requests a specific remedy to help you through the crisis. There are different reasons for writing a hardship letter, but the most common these days are: Requesting a loan modification or restructuring Requesting a short sale to avoid foreclosure The hardship letter is a primary requirement in the loan application process. Your loan modification attorney will ask you to submit it along with your other financial documents, so that they can evaluate your situation and present a strong case to your lender. When writing a hardship letter for a loan modification, keep in mind that the lenders really want to see why you have fallen behind with your mortgage payments. It should be clear, honest, and contain just the right amount of detail. The way you write it can literally spell the difference between keeping and losing your home. Here’s how you can write a hardship letter that puts your point across and gets you the best loan modification deal. Keep it concise. A typical lender can only spend five minutes reading your letter. Try to keep it to a single page; any longer and they might not have time to really read it through. Lose all unnecessary details and keep only those that are relevant to your case. Get straight to the point. Start by stating the purpose of your letter (whether it’s a loan modification or a short sale), so that the reader knows outright what to expect. Basically, it should say “I need you to buy my home/restructure my mortgage/give me a lower interest rate,” in a way that compels them to find out why. You can use the succeeding paragraphs to explain it in more detail. Explain your hardship. First, make sure your problem actually qualifies as a financial hardship. Your goal is to convince your bank that you have no other means of mortgage assistance, and that you can get back on track if they do grant your request. Examples of valid hardships include: Loss or reduction of income (loss of employment, demotion, etc.) Natural disasters Illness and medical expenses Death of a family member or co-borrower Divorce, separation, or other legal expenses Military service It doesn’t have to be one of these things, of course. Each lender has its own standards, and the letter’s purpose is to give them a more personal look into your situation. Once you’ve established your hardship, provide details that will help strengthen your case. Make sure to tell them how you got into the situation and why it’s out of your control. Restate your request. End your letter by reiterating your purpose, in slightly different words. Ideally, your previous paragraphs should explain that it’s the only way to stop foreclosure. Make it clear that you intend to get back to your regular payments once the loan has been modified. Be humble. One thing you should never do is imply that your situation is your lender’s fault. Instead of pinning the blame on anyone, simply tell things as they are and leave the judgment to your reader. Finally, thank them in advance and mention that you’re looking forward to continuing business with them. For more information about Loan Modifications please visit http://www.CDLoanMod.com or call 800.738.1170
Article Source: http://www.articlesbase.com/bankruptcy-articles/writing-a-loan-modification-hardship-letter-663848.html
About the Author:
The Loan Modification Department is composed of a team of attorneys, mortgage and real estate professionals, and hardship analysts. Our lead attorney is Christian M. Dillon, an experienced lawyer specializing in loan modifications and RESPA and TILA violation cases.
For a Free consultation talk to our Loan Modification Lawyer or go through the Loan Modification FAQs
The Legal Duty of Care in Tort Law, Foreseeability of Injury
The Legal Duty of Care in Tort Law, Foreseeability of Injury
Author: Eren
DUTY OF CARE IN TORTS LAW, LIABILITY, FORESEEABILITY OF NEGLIGENCE, RECKLESSNESS, NUISANCE
(Based on author’s site www.geocities.com/dtycre )
Duty of care in Donaghue -v- Stevenson 1932 was defined as exercising such care as is due in such ‘acts or omissions which you can reasonably foresee would be likely to injure persons so directly affected that you ought reasonably to have them in contemplation’ and Caparo Industries -v- Dickman 1990 referred also to situations in which it would be fair, just, and reasonable to impose.
This duty is owed to one in physical proximity: e.g., in Haseldine -v – Daw 1941 to user of a lift negligently repaired, Buckland -v- Guilford Gas Light 1941 to child electrocuted by low cables upon climbing a tree, but not to a mother for shock nor for miscarriage to one who was to be who the driver and the rider could not to have known that were around in King -v- Phillips 1953 and Bourhill -v- Young 1942; or to one in legal proximity: e.g., in Donaghue -v- Stevenson 1932 for illness of consumer from manufacturer’s drink purchased by another, but not if immune as public policy in Hill -v- Chief Constable 1988, or as barristers or judges – Saif -v- Sydney Mitchell 1980; or to one with blood-ties: e.g., in McLoughlin -v- O’Brien 1982 to a mother who by news of accident ‘it was obvious that would be affected’ ~it can be owed for financial loss in special professional relationships -Mutual Life Assurance -v- Evett 1971, for careless words not made clear as being without responsibility -Hadley Byrne -v- Heller & Partners 1964, and for serious nervous shock -Reilly -v- Merseyside RHA 1994.
The harm, additionally, if reasonably foreseeable is -Fardon -v- Harcourt 1932, negligence may entitle to damages, even punitive, Rookes -v- Bernard 1964, although if contemptuously claimed to as little as the smallest coin of the realm, e.g., without costs and nominal in Constantine -v- Imperial London Hotels 1944.
Circumstances in which a duty of care can be breached, except in the case of specific torts such as libel or trespass -or under the Rylands -v- Fletcher rule where lawfully but at one’s own peril is made any unnatural use of land and excluding cases of immunity and circumstances where a statutory duty properly exercised infringes a right -such as the disturbance caused by the noise of aircraft taking of or landing – but not if improperly exercised: Fisher -v- Ruislip-Northwood UDC 1945, such circumstances may be even when a risk is know and not objected to: Smith -v- Charles Baker & Son 1891, indeed where a risk is known and has been consented to: Bowater -v- Rowley Regis Corp. 1944 ~even if there is contributory negligence: Stapley -v- Gypsum Mines Ltd 1953 -indeed even if despite instructions.
The standard is that of the ‘reasonable man’; if injury was risked: Bolton -v- Stone 1951 ~6 times in 30 years meant not and the degree of the risk is proportional to the degree of care required; the seriousness of the injury risked too is proportional the degree of care necessary: Paris -v- Stepney BC 1951 -more so to employee blind in one eye, and not the amount but the type of the injury on the basis of: British Railways Board. -v- Herrington 1972; a social value whether justified the risk: in Fisher failure was not justified in war-time black-out to put up shaded lights to avoid public nuisance to a cyclist, in Watt -v- Hertfordshire CC 1954 getting the wrong vehicle on the scene of accident was justified by the valuable time that would have been lost in getting there help; the cost-benefit consideration: in Latimer -v- AEC 1953 to have done more than reasonable would have made the risk too remote in comparison -except if there is a statutory duty such as under the Health & Safety Acts; that standard in the case of an expert’s negligence is, instead -Latimer, of a ‘reasonable expert’.
The link between the breach of duty and the resultant damage must be shown to exist as a matter of fact or a matter of law. The former is subject to the ‘but for’ rule: in Barnett -v- Chelsea etc. Hospital etc. 1968 breach by the failure of the doctor to call was not the caused of death, McWilliams -v- Sir Arrol 1962 failed because the safety-belt would not have been worn if supplied, in Cutler -v- Vauxhall motors 1971 the operation on a graze had already been ordered for an ulcer on the site of it and was a pre-existing condition; but, is not broken a causative link by a consecutive cause and did not lessen a subsequent injury the original factors in Baker -v- Willoughby 1970, nor necessarily disentitle multiple causes when on a balance of probabilities the link considerably was the reason: McGhee -v- National Coal Board 1973; where the harm or part of it is from a third party’s breach the ‘but for’ rule still applies to whether he type of injury could have been seen: Hogan -v Betinck Colliers 1949.
The latter only applies if the breach is not too remote, and it was not in Wieland -v- Cyril Lord Carpets 1969 that the fall elsewhere and later had resulted from the necessity to discard bi-focal glasses caused by the driver’s negligence; the special sensitivity of the claimant did not matter -’egg-shell skull’ rule: Robinson -v- Post Office 1974 -’one must take the victim as he finds him’; in The Wagonmound 1961 at the time of the breach that oil spilled could burn on sea-water could not reasonably, and in Doughty -v- Turner Mfg. 1964 because of the state of knowledge, have been foreseen; but in Bradford -v- Robinson Rentals 1967 the frostbite was because of providing a van without a heater.
The claimant’s proof can move to the defendant: Steer -v- Durable Rubber 1956; at least some evidence is necessary of negligence even if ‘facts speak for themselves’ -they can not if the claimant can not say what happened: Wakelin -v- LSWR 1886, negligence can be inferred from absence of explanation by defendant, for any by claimant by Law Reform (Contributory Negligence) Act 1945 proportionate reduction is made.
Laws are subject to change, always ascertain current law.
The author has a website at: www.geocities.com/eoa_uk
Article Source: http://www.articlesbase.com/law-articles/the-legal-duty-of-care-in-tort-law-foreseeability-of-injury-200687.html
About the Author:
The author’s favourite site is: Teacher of Teachers
Is Erotic Massage Legal in all Countries?
Is Erotic Massage Legal in all Countries?
Author: Amy Nutt
In most of the United States, erotic massage is considered a form of prostitution, and is therefore illegal. Massage as a practice in the US is heavily regulated by respective state boards, almost all of which prohibit any act deemed inappropriate for a therapeutic setting. For example, Section 29.1(b)(5) of the Regents regulations on massage practice in New York state prohibits “immoral conduct,” which is defined as massage of genital areas and massage of a client who is not properly draped for massage, or by a massage therapist who is not properly dressed. A licensed massage/bodywork therapist is, in fact, required by law to stop practicing the moment he or she suspects that the client would like something more than a good neck rub, shoulder work, etc. While there are erotic massage services available, they advertise discreetly, and rarely mention the full extent of their services.
However, as these regulations are mandated on a State level, there is an exception. The state of Nevada allows (but seriously restricts) brothels, and thereby, some establishments there are known to offer erotic massage services. In addition to this, local newspapers will advertise the availability of escort services and “sensual massage” which, most likely, mean some sort of erotic contact. In addition to this, Canada, depending on province, allows certain forms of prostitution and erotic massage. One can find any number of “massage parlors” licensed or unlicensed in Canada. The unlicensed parlors, as they typically do not employ licensed therapists, offer specifically erotic massage.
Outside of the American continent, an array of erotic massage services, are legal to the point of being regulated industries. Amsterdam is famous for its red-light district, which includes not only coffee houses in which one can purchase and consume marijuana, but also legal prostitutes. The Dutch government registers its sex-workers, allows them to join unions, and gives them access to social services. Indeed it goes so far as to require STD testing for the health of the workers and clients. Although recent legislation has put a freeze on the development of any more red-light zones within the country, the sex-industry seems to be alive and well there. One would assume that something like a good old fashioned, and legal, erotic massage would be simple to procure there.
Among other nations, Japan, Thailand, and New Zealand stand out as havens for erotic massage. Because Japanese law is famously lax regarding prostitution, prohibiting only full on coitus, there is quite an array of erotic services available legally. For instance, one can go to a “soapland” club, in which he or she (for a fee) is lathered in soap and “serviced.” The Japanese government actually regulates these and other (non-coital) sex services. New Zealand also openly allows a regulated sex-trade; wherein one can go to a massage parlour and receive any kind of massage service. Similar to the Dutch model, the country attempts to ensure the health and safety of their sex-workers, and ensures that full on prostitution only occurs in licensed brothels.
Of course there are plenty of nations in which erotic massage is highly illegal. Most notably, Chinese anti-prostitution laws have a zero tolerance approach to any kind of sex-work for money, mandating the death penalty for “organizers” of prostitution rings. Apparently, one will not find his “happy ending” in Beijing.
Article Source: http://www.articlesbase.com/law-articles/is-erotic-massage-legal-in-all-countries-322735.html
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