Civil Lawsuits Archives - Simon Law

Can You Sue if You Trip and Fall at a Store?

RadiateWP — Fri, 19 Jan 2018 20:05:59 +0000

How much time do you have to sue? You will typically have to file your lawsuit within two years unless the store or property is owned or managed by a government entity. But this can be different depending on your case. It is better to talk to a personal injury attorney immediately so you can take the proper steps in case you decide to sue down the road, otherwise, you could miss your window to be properly compensated for your injuries. Who can you sue? It does need to be proven that the business was negligent and that caused your injuries, before a lawsuit can be determined. An unsafe condition must have existed and the store must have known or through reasonable steps should have known about it. Once that is established, then it is a matter of looking at who owns the store and/or the property to determine who you may have a claim against. Building structural issues that caused your injury usually hold the owner to be liable, but if it was due to a building tenant, then they are more likely liable. What do you need to know for your case? Because slip and fall cases require awareness on the part of both parties, it will be important to show that you were indeed injured due to the business negligence. You may be asked by your personal injury lawyer: Why was the floor slippery? What made you slip? This includes noting what substance was present that you slipped on, such as snow, water or ice, oil, food, etc. Without determining what you slipped on, you will likely not be able to prove negligence. What caused you to trip? How long had the condition been that way? Negligence is demonstrated when the store has notice of a dangerous condition. If something unsafe happened and you were immediately injured, that is different than if a dangerous condition existed for an extended period of time. Understanding how long the unsafe condition was present will matter in your case. Additionally, if an unsafe situation was present, was there adequate warnings about the danger? For example, a construction site is dangerous by nature, so danger signs and warnings are posted, along with protective measures that a reasonable person would take heed of. If these exist, it doesn’t automatically mean there wasn’t negligence, but it does go in their favor. The best advice is that if you have tripped, slipped or fallen at a store, business or restaurant, you get medical attention as needed and contact a personal injury lawyer who can offer suggestions for your next steps. Together you can determine if your injuries were due to someone else’s negligence and if you are entitled to a lawsuit to restore damages, emotionally and physically that you endured. ]]>

What Are My Options for Handling a Contract Dispute?

RadiateWP — Thu, 16 Mar 2017 16:00:22 +0000

Preventing Disputes It’s no secret that an ounce of prevention is worth a pound of cure. When drawing up an initial member agreement, partners should try to plan for any incident, no matter how unlikely it seems at that time. This document should include a procedure for resolving deadlocks between members, either by designating a third party or calling for a vote, or creating some alternative plan for ending a stalemate. An exit strategy could also be included should two partners feel unable to reach a satisfactory conclusion and may want to sell out their interest in the company. Enlist a skilled business lawyer for insight into common terms and for council on creating a comprehensive road map for the new partnership. Resolving Conflicts and Disputes When business partners are not able to resolve contract disputes on their own, they must turn to one or more of several options:

Negotiation

You and your partner have likely already attempted some form of negotiation, the back-and-forth communication that tries to find a solution to an initial problem. Voluntary, private, and inexpensive, negotiation is also informal and unstructured, and still relies on the the two parties most closely involved, often without a third unbiased participant.

Mediation

In mediation, an impartial third party helps with communication and promotes reconciliation between the parties in order to help them in reaching a mutually acceptable agreement. Voluntary, informal, and flexible, mediation is often the second step towards resolving conflict when reduced hostility and the preservation of an ongoing relationship are priorities.

Arbitration

When the disputed matter is brought to an impartial third party for a decision, it becomes arbitration, which can be voluntary, is usually quicker, and still gives both participants the chance to present their case for a decision. Arbitration can be nonbinding, giving partners the chance to seek a trial after a decision, or both parties can formally agree to abide by the arbitrator’s ruling.

Litigation

The final step towards resolution of contract disputes is going to court, or litigation, used to compel the disagreeing party to participate in the decision of a judge or jury. In this course of action, one or more parties files a lawsuit in court requesting a ruling on the case. The other partners are required to participate in the process, and must abide by the final ruling. Each of these possibilities carries its own pros and cons, and the option that is best for your scenario depends entirely on the unique details of your case. Has this dispute been ongoing for a while now? Is there interest in salvaging the partnership or friendship after the dispute has been settled? Are you and your partner(s) at an impasse? Contact the legal offices of Simon Law Group for expert counsel on which route will best facilitate a resolution to your contract dispute case. ]]>

5 Things to Know In Making a Case for Premises Liability

RadiateWP — Thu, 03 Dec 2015 16:09:47 +0000

In commercial buildings, private residences, or on public property, faulty design, shoddy construction, poor maintenance or dangerous clutter can lead to slipping, falling, or even being struck by a falling object.

Here are some things to know as you decide if you have a case for premises liability.

1. Two Basic Liability Rules.

When determining who is responsible for an accident, there are two foundational rules.

Rule One: The Owner Must Keep the Property Safe

The owner owes visitors a safe setting, confirming secure design, construction, condition, and maintenance of the property.

Rule Two: The Visitor Must Use the Property Responsibly

Visitors must act normally when using the property. Any unexpected, unauthorized, or dangerously careless behavior exempts the owner from being held responsible for any injuries.

2. Both the Owner and the Occupier Could Be Liable.

Depending on the accident and what parts of the property were involved, either the owner or the occupier could be held responsible for your injury.

Commercial Property: Property leases usually include details regarding who is liable for such incidents. Notify the business and their insurance will handle the claim or decide to pass it to the building owner’s insurance company.

Rented Home: The owner is responsible for immovable fixtures and surrounding hallways, stairs, and entrances. The tenant is responsible for movable things inside the apartment.

To be safe, file a notice of claim against both the owner and the occupier.

3. Establish Negligence to Establish Liability

Perhaps the most challenging aspect of a premises liability case is the fact that simply confirming responsibility does not lead to to liability. You, as the claimant, must establish that the business or residence was negligent regarding maintenance, design, or construction of the property, that they knew or should have known about the condition and yet failed to act. You must be able to show that:

The cause of the accident was a known issue
The problem could have been avoided with reasonable action from the landowner
You could not have anticipated the issue and prevented the accident

4. Validating Your Presence

Different states determine a landowner’s duty of care depending on the status of the visitor. According to Arizona:

Invitee: Visitors with express permission to be on the property are owed the highest duty of care, and businesses are required to warn them of dangerous conditions, and repair known issues.
Licensee: Social guests or salespeople are some of the people who visit a property for non-commercial reasons, and are owed warning of hazards and reasonable repair of dangerous situations.
Trespassers: Generally, property owners are not held liable for injuries occurring to people who were on the property without permission.

5. Complex Cases Need Aggressive Representation.

Because of the complexity of cases involving premises liability, it is crucial that you work with a lawyer who can effectively tackle each aspect, and pay close attention to many different factors. Your attorney should be experienced, knowing what to look for, what to focus on, and how to give each facet of the case with the right level of attention.

Seek expert help as you explore your premises liability options, and let the skilled offices of Simon Law Group assist you in building a strong case for premises liability that will deliver the justice you deserve.

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Uninsured Motorists and Accident Injury: What Are the Laws and Expectations?

RadiateWP — Mon, 21 Sep 2015 17:45:52 +0000

did not have insurance? How will you and any insurance companies approach such a case? Fault State Most states, including Arizona, apply the fault, or “tort” system, wherein if an uninsured driver causes an accident, the victim can sue that driver for all damages that were suffered, from bills, lost wages, property damage, and physical and mental pain and suffering. Uninsured drivers deemed to be at fault are then responsible for paying for all of these damages. Arizona is a pure comparative negligence state, which means you can collect even if you are more than 50% at fault. Penalties Legal ramifications for driving without insurance can earn the motorist a different set of criminal charges. Fines of up to thousands of dollars and suspension or revocation of your license for an extended period of time are common punishments imposed. If you or another driver who was involved in an accident did not have automobile insurance at the time, then it is crucial that you discuss the specifics of your case with a knowledgeable accident injury lawyer to understand the full extent of your options for filing a lawsuit against an uninsured driver. Insurance claims are another step in the complicated stages that follow an accident, don’t leave the specifics to chance and talk with an experienced attorney for the complete picture.]]>

Seeking Damages with Arizona Wrongful Death Attorneys by Your Side

RadiateWP — Wed, 05 Feb 2014 18:49:31 +0000

Awarding of Attorneys' Fees in Civil Cases

RadiateWP — Wed, 16 Oct 2013 22:09:16 +0000

Pursuant to Arizona statute and case law the court will evaluate attorneys’ fees under the following factors:

1. Merits of the claim or defense presented by the unsuccessful party;

2. Whether the litigation could have been avoided or settled and whether the successful parties’ efforts were completely superfluous in achieving the results;

3. Whether assessing fees against the unsuccessful party would cause an extreme hardship;

4. Whether the successful party prevailed on all the requested relief;

5. Whether the case involved novel legal questions; and

6. Whether the award would discourage other parties with tenable claims or defensives from litigating or defending legitimate contract issues for fear of incurring liability for substantial attorneys’ fees.

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CASE LAW UPDATE – TREATING DOCTORS

RadiateWP — Tue, 27 Aug 2013 16:34:18 +0000

Sanchez v. Hernandez pursuant to Arizona Rules of Civil Procedure 26(b)(4) treating physicians are not entitled to reasonable compensation for providing testimony concerning diagnosis, treatment, and prognosis. This will encourage the abuse of treating doctors and plaintiffs’ lawyers in cases particularly in arbitration where the doctor is not going to testify at all, let alone as an expert. This will be used by insurance companies as another weapon in their attack against injured parties with smaller claims. Their goal is to make it more expensive for attorneys to pursue such claims thereby depriving many injured people from obtaining legal representation. This decision will make it extremely expensive to pursue smaller claims as doctors will be unwilling to either treat or testify on behalf of individuals injured in accidents.]]>

GOLF SPECTATOR’S LAWSUIT REINSTATED

RadiateWP — Wed, 07 Nov 2012 18:34:18 +0000

The District Court granted the tournament organizers summary judgment which was appealed by Creel to the Wyoming Supreme Court. The Court ruled 3-2 against tournament organizers and sent the case to District Court for reconsideration. The trial judge allowed the lawsuit to proceed against Veesart but granted summary judgment for the tournament organizers L & L, Inc. Wyoming has a state law titled “The Wyoming Recreational Safety Act” which provides that anyone who participates in a sport or recreational activity assumes legal responsibility for injuries that they get as a result of the risk inherent to that activity. This case was unique as Creel was considered a participant in the tournament even though he was a spectator as the spectators were following groups of players around the course. This is compared with the professional tournaments where spectators are cordoned off from the players. While the trial judge ruled that flying golf balls are an inherent risk at golf tournaments, the Supreme Court found that some questions still remained to be answered before the lawsuit could be resolved. ]]>

NEW LAW SEEKS TO BAN EMPLOYERS FROM OBTAINING SOCIAL NETWORKING PASSWORDS

RadiateWP — Tue, 02 Oct 2012 16:51:22 +0000

SUING A TAVERN/BAR OWNER

RadiateWP — Tue, 25 Sep 2012 23:03:20 +0000