Should Amazon Be Liable for Defective Products?

Amazon remains the world’s favorite “get anything from us” service. Amazon is a place where you can get anything from the glamorous and luxurious to the useless and mundane. Since you can truly get anything from Amazon, this also means that thrown into their enormous inventory are fake products. These are subpar reproductions of the item the buyer actually wants, like luxury shoes or purses.

Some are merely phony, while others are more dangerous because they are made with materials and substances that are harmful to people. More serious cases come from electronics where items are made in this way and when used, can combust into flames, often leaving the injured scarred for life. The injured’s first reaction is to sue Amazon; after all that’s where they bought the item. Most courts have maintained that Amazon is not a “seller,” though. 

The Manufacturer Is Liable
Since Amazon didn’t manufacture the product and are only “hosting” the sale of a third party’s product on their platform, they are not liable for any defects of said product. Many defective products have come … Read the rest

Two Firms Can’t Share the Same Name

It was said a rose by any other name would still smell as sweet, but it’s also a fact that two different flowers that just so happen to have the same name will smell very differently. While they might be allowed to hold the same name for a certain time, eventually someone will attempt to rename one of them and some people might even be frustrated that they were allowed to hold the same name for so long in the first place.

This kind of scenario played out recently in Colorado where Gilbert Law recently lost an appeal case against Gilbert Law. In the case, casually referred to as “The tale of two Gilberts;” Christopher Gilbert claims to have owned the gilbert-law.com domain name since 2003 having practiced under the Gilbert Law Firm name in Texas. After moving to Colorado, he registered his previous branding with the state when he eventually opened his own office.

The problem was that there was already another Gilbert Law Firm owned by a James Gilbert who was not too happy about the duplicate name. … Read the rest

Yellow Cab Accident Damages: Questions for Your Lawyer

Being involved in a car accident can raise many questions, especially if you are facing injuries or property damage. While this situation is usually stressful, you may find yourself with more questions than usual if you were injured in a wreck with a Yellow Cab. Unlike accidents with other private motorists, your avenues for collecting damages may be unique. Asking your attorney a few questions about the wreck may offer you peace of mind as you move forward with your lawsuit.

1. What If I Was a Taxi Passenger? 

If you were injured while riding in a taxi, your means of collecting damage may not be that much different than if you were riding in a private vehicle. As a passenger, you have a reduced burden of proof and can file suit against the insurance company of both drivers. As the drivers, they must sort out the question of liability.

2. What Responsibilities Does the Taxi Company Have? 

When you are injured by a taxicab, the taxi company has several responsibilities they must fulfill both before and after the incident. For example, … Read the rest

Intellectual Property Rights and Contractors

When it comes to intellectual property and independent contractors, the lines can get blurry. Many people are surprised to find out that if their company does hire an independent contractor to create something for them–a book, a painting, a logo, or other types of graphics–that the company does not necessarily own the creative work that the contractor created. This is usually confused because when a business hires someone as an employee to do the same job, it is usually clearly stated in the contract that the business owns any creative ideas that the employee designed related to the job. An intellectual property attorney can understand that this is a confusing area of law and we are here to help. If you have legal questions or problems regarding intellectual property, please give a patent attorney, a call. 

What about copyright?

When you are wondering what creative works fall under copyright law, they are some of the items as follows:

• Photographs
• Paintings
• Plays
• Poems
• Films
• Music

If you own the copyright to any of the items above, that means that you … Read the rest

What if my worker’s compensation settlement offer isn’t enough?

If you suffered a terrible injury at work, you may be in need of a significant amount of costly medical treatment. Until you completely recover, you may not be able to go to work. If the injury is permanent, you may not be able to continue in your career. The subsequent loss in income could have a catastrophic impact on your life and the security of your family members. As a result, if the worker’s compensation settlement offer you received is far less than your injury related damages, it can cause a great deal of anxiety and fear for your future. A worker’s compensation attorney focuses on cases like the above scenario, and assists injured employees in getting the settlements that they deserve. If your offer was less than it should be, call an attorney today. They provide injured employees with a complimentary, no-obligation case review. This can be especially helpful as our worker’s compensation attorney can provide you with the clarity that you and your family need during this difficult chapter in your lives.

How do I know if … Read the rest

What Is The Average Divorce Cost?

Determining the cost of a divorce isn’t easy. The average divorce cost could range from $500 for an uncontested divorce to $15,000 or more. There isn’t a checklist that can tell you what your divorce will cost, but you can think about what expenses you will have.

What Factors Influence the Cost of Your Divorce? 

An uncontested divorce is probably the least expensive way to become single again. This means that you agree with your spouse on everything, all that’s left is to have a judge sign off on your divorce. If you don’t have many assets and there are no children, this may be an option. Usually, divorces are contested. There are many things to work out. If your marriage is breaking down, deciding child custody and support is usually a contentious process. If you and your spouse can’t agree through the process using mediation or through your lawyers, a trial will be costly.

What Are Some of the Financial Costs of Divorce? 

The first cost that most people think about with a divorce is the lawyer’s fees. An … Read the rest

Claim Workers’ Compensation

Most employees are eligible to claim workers’ compensation from their employers when they become ill or injured due to their jobs. However, not all workers are employees, and there are even some employees who do not qualify for compensation.

The question of whether you qualify for workers’ compensation is not necessarily straightforward because the requirements vary by state. If you fall into one of the following categories, there may be a question about your eligibility for workers’ compensation at the very least.

Undocumented Workers

Some people come to the United States from another country without going through official immigration channels. They get jobs without providing evidence of eligibility to work in the United States. These people are undocumented workers, and different states have different rules governing whether they are eligible for compensation when they get hurt on the job. Some states specifically require that workers’ compensation cover immigrant workers who are undocumented. These include states along the Mexican border, such as Texas, California, and Arizona. Other states, including Wyoming and Idaho, do not require that workers’ compensation cover undocumented workers.… Read the rest

How to deal with a car accident during COVID-19

According to experts, traffic in the United States has been down 38 percent during the COVID-19 pandemic, which means that car accidents have also been reduced thanks to fewer cars on the road (Researchers at AutoInsuranceEZ.com report that fatal crashes in the Seattle area are down 100 percent).

Despite quarantines and sheltering in place, there are essential workers headed to job sites, so there are still cars on the road, making anxiety-inducing crashes a real possibility. While you may think that COVID-19 has brought enough anxiety into your world, knowing what to do after a crash before one occurs is an important way to ease stress in the event that one should occur.

If you should find yourself in an accident with another vehicle, following guidelines from the Centers for Disease Control and Prevention as best as you can is the first step.

Following social distancing or donning a mask before exiting your vehicle are both important elements during the pandemic, even though they can be tricky to remember in the midst of a traumatic event.

Staying calm can help … Read the rest

Regulations on E-scooters

With today’s younger generations, climate change and sustainability has become a hot button issue. A charge led by the millennials and generation Z, they want to encourage greener practices and to alter the slippery slope of increasingly negative effects that result from climate change before it’s too late.

One innovation that’s becoming more popular with the masses is the usage of e-bikes and e-scooters. Being solar powered, you’ll never have to worry about it running out of energy as the solar panel is built into it. The concept is that you open the corresponding app, open a map to show available e-scooters in your area, pay a small fine to unlock it and you have a greener way to travel at your disposal.

But unfortunately its greatest benefit is also its greatest caveat. E-scooters are faster than regular bike while being slower than a motorcycle. Motorists have already managed maintaining a rocky relationship with those on regular bikes so that relationship becomes even more precarious with the integration of e-scooters which are even less easy to track in … Read the rest