...Slip and fall accidents can happen to anyone. In order for the business or person to be held liable, you need to be able to prove that the accident was their fault. Poorly constructed floors or poorly maintained floors can be a few reasons why a person or business may be held liable for your accident. There are a number of factors that an insurance company looks at in order to award you an amount for the claim. Therefore, it is important to make sure that your personal injury claim is strong when you file it. There are a few tips you can use in order to strengthen your slip and fall claim. Document Your Injuries Your injuries serve as proof of how and when you were hurt. Therefore, if you a admitted into a hospital it is important to tell...
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...CHAPTER 7 1. Know the 6 basic parts of the insurance contract 1. Declaration – are statements that provide information about the particular property or activity. In formation contained in the decorations section is used for underwriting and rating purposes and for identification of the property or activity that is insured. 2. Definitions – the purpose is to define key words or phrases so that the coverage under the policy can be determined more easily. 3. Insurance Agreements – Promises of the insurer. There are two basic forms of insuring agreement in property insurance. A) Named-perils policy: only those perils named are covered B) Open-perils/ special coverage policy: If it is not excluded then it is covered. 4. Exclusions – A) Excluded Perils: ex) perils of flood, earth movement, war etc. B) Excluded Losses: ex) the failure of insured to protect the property from further damage after a loss. C) Excluded Property: ex) in a HO policy certain cars, animals are excluded. * Exclusions are necessary because commercial insurers may consider the peril uninsurable. 5. Conditions – are provisions that qualify or place limitations on the insurers promise to preform. Conditions impose certain duties on the insured if he or she wishes to collect for a loss. 6. Miscellaneous Provisions – Provisions in property and casualty insurance include cancellation, subrogation, requirements if a...
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...Findings and Recommendations of the John Craftsman Workplace Injury Case Study Rebecca K. Decker University of Maryland University College TurnItIn Originality Score: 3% INTRODUCTION A recent workplace injury in the International Building Materials Company’s truss construction production shop has raised concerns among employees regarding shop safety and the integrity of the equipment used in daily work activities. At the request of Executive Management, an investigation of the accident was conducted to determine what is known and not know about the incident. The goal of this investigation was to ascertain the root cause of the accident and to identify the appropriate course of action by the Company going forward that will ensure future worksite accidents are prevented. This case study will provide a discussion of the case background and will analyze the facts and opinions provided by individuals directly and indirectly involved. The discussion will provide a critical analysis of the information presented as facts to determine its relevance and impact. BACKGROUND FACTS OF THE CASE John Craftsman sustained a serious hand injury using a table saw located in the truss construction production shop. He sustained this injury while using equipment owned and maintained by company and in the performance of his job. John claims he followed all the company’s safety procedures. John’s manager, David Waffler, contends that the machine was in safe working condition...
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...Why You Shouldn’t Settle Your Personal Injury Claim Many people assume that when you sue another person for a personal injury, it automatically goes to court and is decided by a judge. Many personal injury cases never actually go that far, since they are settled in mediation where each party has some control over what the settlement will be. If you involved in a lawsuit for your personal injury, here are some reasons why you shouldn’t settle and either go to court of continue with mediation. Your Future Medical Expenses Won’t Be Covered It can be difficult to come up with a settlement amount if you’re still dealing with the injury past when the settlement is agreed to. While it is easy to determine an exact dollar amount for existing bills,...
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...judge law to analyze whether the plaintiff’s argument provides reasonable claim under EMPA. The plaintiff is trying to prove loss or damage as a result of discharges, which occurs when an unsafe substance is released into the environment causing harm. Section 15 of EMPA provides, 15(1) In this section,...
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...Case:DePuy Orthopaedics, Inc. v. Waxman. August 3, 2012. In the outlined case, DePuy is trying to sue one of their distributors Joint Venture for breach of a non-compete agreement. Under the non-compete covenant Joint Venture disclaim the rights to any of DePuy intangible assets, including intellectual property (IP), goodwill, and customer lists. DePuy claims that Joint Venture breached the non-compete agreement which caused a drop in sales and damaged their relationship with customers in the territories outlined within the agreement.Therefore, the legality of the contract enforced due to the breach of the non-compete agreement. According to Cheeseman 2013, “the section 2-201(1) statue of sales contracts of Uniform Commercial Code laws help prevent fraud like this case” (p. 171). To avoid this case by Depuy or any other companies’ managerial setting must specify agreements with language that is comprehensible by both parties in written valid contracts. Issue:Was there a breach to the contract, under that non-compete covenant between DePuy and Joint Venture? What kind of defenses do companies use to mitigate risk related to personal, real, or intellectual property (IP) issues? The main reason this case went to court is because of the breach of non-compete agreements by Joint Venture. DePuy outlined in the Amendment Agreementthat it had retained the sole right to enforce the non-compete covenants that Joint Venture had the right to enforce (Case). This means that once Joint Venture...
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...1. A person’s conduct can give rise to a negligence claim if he or she fails to act with reasonable care and another person suffers some harm as a result. If you have been the victim of negligence that has resulted in a personal injury or an injury to your property, you can file a negligence claim. In addition to knowing whether or not you have suffered harm due to someone else’s negligence, it is important you understand basic procedural rules to filing your negligence complaint. In order to prove a case of negligence, the person bringing the action (in this case Joe) must prove the following four elements: 1. That the person who caused the accident and injuries (Ferrari driver) had a “Duty of Care” to the injured person. Every driver in every jurisdiction has a duty to operate motor vehicles in a non-negligent manner, which means a manner that is not potentially harmful to person or property. As duties go, this one is relatively straightforward. Don’t drive in a manner that could potentially cause injury to person or property. Obey traffic laws, speed limits, and traffic signs; use your turn signals, etc. All of the little rules, laws and ordinances that drivers take for granted as common knowledge on a daily basis are attempts to codify the basic duty to drive in a non-negligent manner. 2. Joe must also establish that Ferrari Driver breached that duty by not exercising reasonable. A driver who operates their vehicle in a negligent manner -- a manner that could potentially...
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...Tax Research Memo Personal Injury winning treatment and other issues research ________________________________________________________________ XYZ CPAs NearLakes City John Smith tax issues 1 a Issue: Treatment for purposes of Federal Tax Income of $300,000 fee received out of the amount awarded by Jury. Applicable Law: Any winnings in a personal injury lawsuit that cover the treatment of physical injuries are not taxable except for attorney fees which are taxable. IRC Sec 104(a)(2).Taxability also depends upon the place of residence of the taxpayer. Conclusion: As per the provisions of IRC Sec 104(a) (2), $300,000 received by John Smith as fees from jury award is taxable for federal tax income purposes. 1b Issue: Treatment for purposes of Federal Tax Income of $25,000 expenses paid upfront and received out of the amount awarded by Jury. Applicable Law: Any winnings in a personal injury lawsuit that cover the treatment of physical injuries are not taxable except for attorney fees which are taxable. IRC Sec 104(a)(2).Any expenses can be claimed as a deduction.Taxability also depends upon the place of residence of the taxpayer. Conclusion: Expenses paid upfront and received as part of the jury award can be claimed as a deduction in the hands of the recipient (IRC Sec 104(a) (2). 1c Issue: Reducing the taxable amount of income for both (a) and (b) above. Applicable Law: An...
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...are of direct concern to the society.” The criminal law exist to punish a person that who have committed criminal offenses. In order to punish criminals and deter crime and others they remain stable state and society. "In public law, mandatory rules prevail. Laws concerning relationships between individuals belong to private law. ” (Elizabeth A. Martin ,2003) Civil law is private law. “In England and Wales, civil law means non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law. “Civil law deals with the disputes between a person, organizations, or between the two, in which compensation is awarded to the victim. The main purpose of the civil law is to compensate individuals who have suffered loss or injury by the wrongful actions of other person. Civil law is different from criminal law, because it emphasises more upon punishment than on dispute resolution. (Glanville Williams,1982) The essence of the distinction of criminal and civil law is different aims. "The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue - redress or punishment. The object of civil law is the redress of wrongs by compelling compensation or restitution: the wrongdoer is not punished; he only suffers so much harm as is necessary to make good the wrong he has done. The...
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...Law Society of Western Australia – Personal Injury Law Update 8 October 2013 BULLYING AND PSYCHIATRIC INJURY; RECENT AND PROPOSED DEVELOPMENTS IN THE LAW Geoffrey R Hancy B.Juris(Hons), LLB(Hons), B.Ec(UWA), LLM(Melb) geoff@hancy.net www.hancy.net Introduction 1 My paper covers: 1.1 Amendments to the Fair Work Act 2009 (Cth) to allow the Fair Work Commission (FWC) to deal with bullying claims; 1.2 Recent court decisions on claims for damages for psychiatric illness; 1.3 The nature of a recognisable psychiatric illness. Fair Work Act 2009 (Cth) 2 On 28 June 2013 the Fair Work Act 2009 (Cth) was amended to incorporate, among other changes, express provisions addressing bullying in the workplace. 3 These provisions will come into operation on 1 January 2014. They are found in a new Part 6-4 B – Workers’ Bullied at Work (sections 789FA to 789FL). Bullying 4 A worker is bullied at work if one or more individuals repeatedly behave unreasonably towards the worker, or a group of workers of which the worker is a member, and that behaviour creates a risk to health and safety: s789FD. Reasonable management action carried out in a reasonable manner is not bullying: s789FD. Not to be copied without the express permission of the author -2- Criteria for and orders that can be made 5 If the Fair Work Commission is satisfied that : 5.1 The worker has been bullied at work; and 5.2 There is a risk the worker will...
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...Liability for Employee’s Acts, Tortious Interference, Driving on Company Time, and Protecting Customer Data. An Employer’s Liability for Employer’s Acts- This category stood out to me because working in the food industry you will always find a big laminated poster of all of the employee’s rights and acts. In-fact I believe it is required by law that all businesses display an updated version. One of the most interesting facts that I read was that the Employer rather than the employee is responsible for the employees actions in the event there is an incident. Why you ask? Well there are two reasons why. First, plain and simple, “employer are seen as directing the behavior of their employees and accordingly, must share in the good as well as the bad.” This may sound brash but on the other hand, the employer reaps the rewards of an employees labor in the form of profit . The second reason is that when a workplace injury or incident occurs, the legal system wants to get as much compensation for the victim in the most effective way, and that is to go after the employer. Employers are more likely to have insurance coverage at their disposal for these types of incidents. Employer’s are also responsible if they negligently hire a criminal who causes harm to another employee or the business itself. This is called Negligent hiring or Retention. This act states that...
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...When the actions of another person or entity, such as a government agency or product manufacturer, result in the death of a loved one, you may be eligible to seek compensation for your loss through a wrongful death suit. These funds can significantly alleviate the financial pressure of losing a family member, and provide a sense of closure for those left behind. However, as the experienced legal team at Waycaster & Allred in Daltona, GA, explains, the law sets clear limits on the situations that can lead to a suit, as well as who can file a claim. Because wrongful death claims are actually a type of personal injury suit, fatalities suffered in a broad array of circumstances may qualify you to pursue damages. Some of the more common include:...
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...commercial What’s law? – what are the sources? 1. act of parliament, statues/legislation 2. case law = courts/Judiciary (what the judge decides) SG law is based on England. Equitable – Justice Judge will look at law cases also decide what’s fair what’s judgable? Common law – does not look at the situation and just judge on black and white. Equitable principles – specific performance – equitable principles – to comply/force the other side to prevent anything more to happen again. Injuction remedy – to ask to stop / reduce the movement Criminal – intentionally wanting to do it. Criminal = punishment Civil = compensation R = Regina = state Burdent & standard proof – must show no doubts of why this person is guilty. Civil claim * show the person breached the contract * show how this person breach. Prove it. Not 100% but prove that this person has promised and breached. Law of trot The few main part of Trot of negligence. 1. Duty of care 2. Breach of duty of care 3. Causation 4. Remoteness of damages Definition of Duty of care - In whatever action have taken, obligation to be taken carefully by self. Case of Duty of care Donoghue v Stevenson * privity of contract in - café * gift = no consideration * cant sue because of this reason to friend. * Manufacturer is to be in duty of care making sure that their product is clean and good that customer will not be ill etc. Neighborhood principle –...
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...detailed approach described here is designed for larger organizations, all the aspects are relevant to some degree to smaller entities. The same principles apply in the public, not-for-profit and private sectors. Why is it necessary to have a working knowledge of the legislation involved in business? If you are thinking of opening up a business you will need to have a good working knowledge of the legislation involved with your business. This is important because it will ensure that you are abiding and complying with the law rather than breaking it and facing possibly harsh consequences. Duty of carer The legal concept of duty of care presume that individual and organization have legal obligation To act toward othe and public in a prudent and cautious manners to avoid the risk of reasonably injuiries to other What is the risk managememt ? why must risk management procedures be followed ? Answer: Risk management is the process of figuring out the risks in a certain situation, and hence reducing the possibility of its occurrence. In some cases, the amount of risk that is acceptable is nil , whereas sometimes it can be higher. These risks could be due to natural causes such as accident or even deliberate attacks It is important to follow the procedures because Risk...
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...Individual Assignment 2: Case Study Wardell Johnson AMBA 610 Professor M. Frank Introduction It takes constant work to ensure that any given system maintains order. The universe has a natural tendency to lead to entropy “a process of degradation or running down or a trend to disorder” (Merrim-webster.com). What guides Humanity to function in a society in concert with their fellow man? It’s the ability to set up laws to govern the actions of the members of said society. According to researchers Kubasek, Brennan, & Browne (2011) great minds have always debated the purpose of laws. For instance, Plato expressed that law is a form of social control, and Aristotle posited that law is a rule conduct, an ideal of reason (Kubasek et al., 2011). No matter what ones philosophical views are in regards to legal systems whether good or bad, laws help societies maintain a sense of order, setting and maintaining a sense of normalcy, in efforts to prevent societal entropy. In America the foundation of our legal system is based on the U.S. Constitution created the nation’s founding fathers to ensure every citizen equal access to justice. Liebeck v. McDonalds and Pearson v. Chung are two highly publicize cases of Tort law. “The primary goal of tort law is to compensate the innocent persons who are injured or whose property as result of another conduct (Kubasel et al 2011, p.309). Both of these cases involve people who wanted to turn to the American legal system to obtain justice...
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