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 from China, where it’s pretty much impossible to successfully sue a manufacturer for a defective product. This means both the manufacturer and Amazon have been able to get off scot-free, and it’s always been that way — until now.

New Rulings on Liability
The California Court of Appeal has made a decision regarding third-party products sold through Amazon. It was ruled that “Amazon plays a pivotal role in delivering the products to the consumer, whether it acts as a retailer, distributor, or facilitator.” As stated in the ruling:

[“As a factual and legal matter, Amazon placed itself between Lenoge and Bolger in the chain of distribution of the product at issue here. Amazon accepted possession of the product from Lenoge, stored it in an Amazon warehouse, attracted Bolger to the Amazon website, provided her with a product listing for Lenoge’s product, received her payment for the product, and shipped the product in Amazon packaging to her. Amazon set the terms of its relationship with Lenoge, controlled the conditions of Lenoge’s offer for sale on Amazon, limited Lenoge’s access to Amazon’s customer information, forced Lenoge to communicate with customers through Amazon, and demanded indemnification as well as substantial fees on each purchase.”]

Ultimately, under the established principles of strict liability, Amazon is still liable for product defects even if there is no malicious intent involved in the accidents.

The plaintiff in the ruling of this case was a woman who bought a replacement battery for her laptop from Lenoge Technology HK Ltd, a Hong Kong manufacturer operating under the name “E-Life.” The battery exploded into flames on her lap resulting in severe burns. 

Contact an Attorney
If you or someone you know has been injured by a defective product, contact an attorney, like a personal injury attorney in Las Vegas, NV from Eric Roy Law Firm, to schedule a consultation to see if you have a case today.

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. Given that there were two Gilbert Law Firms, confusion between the attorneys and clients both current and potential ensued.

“I’ve worked hard to build up a reputation locally and nationally, said James. When someone starts to create confusion with people who want to use your services, you can’t allow that to happen. We’ve had at least three separate instances where consumers were confused about those similarities.”

A settlement agreement was made where both firms would avoid using the stand alone Gilbert Law  name while Christopher’s firm would put up a disclaimer discounting any affiliation with James’ firm also  putting up a link to his site to differentiate them.

James however sued Christopher again when he felt aspects of that agreement were violated given that Christopher continued to use the gilbert-law.com domain. Appealing the decision, the court ruled in the favor of James. Currently being of The Gilbert Law Group, it was originally known as James L. Gilbert and Associated when founded in 1981; then in 2011, it took on its current name.

Appeals Court Judge Steven Bernard didn’t feel that the hyphen distinguished the domain name significantly enough from Gilbert Law as it was just one punctuation away from being just that.

It was stated that, “The defendant shall have 30 days from the date of this order to change his domain name to sufficiently avoid non-compliance and to ultimately move his email and other content to the new domain.”

Other than that, James’ law group was awarded damages of $1.

If you feel that a legal agreement you’re involved with has not been honored, it may be beneficial to speak with a personal injury attorney, like from Patterson Bray about your legal options and next steps. 

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, all drivers must carry insurance and are subject to background checks before being hired. After the accident, if the wreck was the fault of the taxi driver, the cab company is liable for any injuries you may have incurred. However, if another motorist caused the accident, you will have to hold that driver liable. If an at-fault taxi driver causes a wreck and is not qualified to operate such a vehicle, you may be able to collect additional or punitive damages.

3. What If the Insurance Company Denies My Claim? 

If your taxi driver is found to be 100% liable for the accident, then you may have little trouble collecting damages. However, if the other driver was even slightly at fault, Yellow Cab’s insurance company may deny your claim or offer you a reduced award. Should this occur, your attorney can advise you about how to proceed with filing a lawsuit for the entire amount and how to challenge liability claims.

4. What If the Insurance Exceeds My Damages? 

If the taxi accident includes more than one victim, the total damages may exceed the cab company’s commercial insurance coverage. In this case, you might have to sue the driver of the cab as an individual. However, this can be challenging and may not net you as much as you require to pay your medical bills.

Getting injured in a Yellow Cab accident can turn your world upside down, but you do not have to face the future alone. Contact a car accident lawyer, today for further advice and information.

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 can control how the work is used and distributed. Thus, if you hired an independent contractor and they retained the power of copyright over the works they created and you did not, that means that your ability to reproduce and distribute that item may be quite limited. Just because you paid for it does not mean you own the rights to it. 

How can I own the copyright?

This should be done with the help of your intellectual property attorney when you draft up a contract with the independent contractor. You should clearly state in writing that you will be the one (considered by law) to be the author of the work they produce. Depending on the type of work created, you may not be able to do this, though. Some of the types of work that you can legally say you authored if an independent contractor created it are:

• A test and the answers to the test
• An atlas
• A translation of a text
• Any contribution to part of literature
• An instructional text
  

Although not comprehensive, you can see that this list is fairly limited. If you have any other questions about intellectual property and owning the copyright for it, please reach out to a trusted intellectual property attorney now.

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 the worker’s compensation settlement offer will be sufficient?

Every injury is different, and everyone’s ability to recover from a serious injury is different and depends on a number of factors. If they are in relatively good health and their immune system is strong, they may recover faster than someone who is already challenged with other serious health issues. If the injury requires one or more surgeries, recovery time may be longer than someone whose injury did not require surgery. When determining the full extent of damages associated with a workplace injury, hiring a worker’s compensation attorney can make all the difference. With the years of experience and insight offered by our attorney, your claim may be worth far more than if you were to file it on your own.

Can I get another settlement if I need more medical treatment later?

No. Once you accept a settlement, you will not be eligible to receive any additional compensation no matter your eventual circumstances. This is why it’s important to identify all of your past, present, and future damages associated with your workplace injury. A worker’s compensation attorney will help you with this. Most law firms belong to a professional network that include medical experts and others who will provide the critical information that is needed in order to file a claim that is inclusive of all damages. In this way, clients can receive the compensation they need in order to fully recover from their workplace injury, and the income they cannot earn while they are healing.

What should I do if I was injured at work?

After receiving proper medical care and a diagnosis about the nature and severity of your injury, consider consulting legal guidance. If your injury is particularly serious and will require costly medical treatment, hiring a workers compensation lawyer, like from the Law Offices of Franks, Koenig & Neuwelt, may be in your best interest—call today to learn more about how they can help you.

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 attorney will be a big part of the expense of the divorce, but you will also have court costs and outside experts. You may also have to refinance loans to get the other spouse off the loan. Your housing costs will likely increase because the rent or mortgage isn’t being shared between the two of you. Some of your insurance policies may increase when you separate. Sometimes, it can be better to pay off debt than to divide it up, so you may need to consider those costs.

Have You Considered the Indirect Costs? 

Divorce is a stressful process, whether you and your spouse agree or not. You may have expenses that aren’t necessarily financial, but they will impact your finances. Don’t forget to factor in time off work for court or lawyer appointments. Many people attend therapy sessions during and after their divorce to heal. If you have kids, you’ll want to make sure they feel comfortable. You may have to be more available while they process their own feelings.

Divorce Can Be Expensive. What Are the Alternatives? 

There are ways to save money on your divorce. The more you and your spouse agree on, the less expensive your divorce can be. However, that isn’t always realistic. You should speak to an attorney, like a family attorney about your options and situation to make sure you get the divorce done right to start your life in the best way possible.

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.

Non-Employees

Not everyone who works for a company is an employee. Some employers outsource certain types of jobs to independent contractors. These are people who provide services to other companies on a contract basis. In the eyes of the law, independent contractors are self-employed, which means that they cannot claim workers’ compensation.

Difficulties can arise when there is uncertainty over whether a worker is an employee or an independent contractor. A worker may believe he or she is an employee only to find out that the employer has inappropriately categorized him or her as an independent contractor. Sometimes this is a genuine mistake, but there have been instances in which employers purposely misclassified employees as independent contractors specifically to avoid paying benefits like workers’ compensation. If you have been misclassified as an independent contractor, you may need to provide evidence to prove your status as an employee.

Other Workers

People who work on a temporary or seasonal basis are often not eligible to receive workers’ compensation. Agricultural workers are sometimes not included, even if they work full time. Workers’ compensation may not cover people like babysitters, housekeepers, and nannies who work domestic jobs.

Contact our office if you believe you have been denied workers’ compensation unfairly or if you have questions about your eligibility.  

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 you process the accident and prevent the potential spread of coronavirus in the aftermath of an accident.

Here’s what to do:

• Contact 911 to ensure the safety of everyone involved. There will also be police on hand to communicate safely with the other driver if you don’t feel comfortable doing so yourself or the other driver fails to take social distancing or other safety measures seriously.
•   Practice social distancing (that’s six feet away from the other driver) and wear a mask to collect information, including the driver’s name, insurance information, plate number, license number and contact information. For safety, collect information to input into your cell phone rather than accepting a piece of paper, which according to experts, could carry the coronavirus for four or five days after handling.
• Take photographs of the scene. Photos are important pieces of evidence, and along with a police report can tell a complete story of an accident scene.
• Seek medical attention. We understand that visiting a medical facility can be nerve-wracking during the COVID-19 pandemic, and if your injuries aren’t serious, you might be able to set up an appointment by videoconference to reduce anxiety levels. Still, if you are experiencing any kind of pain, medical treatment is necessary. Because of rising wait times at emergency rooms, however, you might be better off visiting an urgent care facility to seek treatment.
• Contact your insurance company. It’s important to report an accident as soon as possible to begin the claims process, if the accident was your fault. If it was not your fault, the at-fault driver’s insurance company will contact you.
• Consider calling an attorney. If you expect to have medical bills, physical therapy, or extensive car repairs, an attorney can help ensure that the other driver’s insurance company doesn’t try to offer you less than you need to cover your expenses, including lost wages and pain and suffering if your injuries are severe.

Preparation is key

In order to ensure your safety in the event of a car accident, keep masks, gloves, and hand sanitizer in your vehicle at all times so you won’t find yourself at risk if you do have an accident.

A card with your personal information on it should also be kept in your car in case you are knocked unconscious in a crash and are unable to share such information.

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 one’s peripheral vision while keeping an eye on the road. All it takes is one hairpin turn by either person to cause a collision and with the technology still being newly integrated into society, the laws and guidelines regarding e-scooters are still murky and a tad difficult to interpret.

While there’s no federal mandate regarding e-scooters, nearly every state has its own guidelines regarding e-scooters, as an attorney, like a Personal Injury Attorney at Patterson Bray, can attest. Each of these guidelines are seemingly tailored to the infrastructure in the state’s most populous cities as well as the landscape and their ability to accommodate e-scooters with the least amount of risk to motorists and other pedestrians.

For instance in the state of Nevada, the mandate is that one needs to be 16 years of age or older and that you can only ride them on a sidewalk. An interesting detail considering that slower bikes are allowed on the street. Meanwhile, in Oregon, the usage of e-scooters on sidewalks is prohibited and can only be used in the street. These guidelines can be expected considering that sidewalks in Nevada are larger, wider, and better kept up by local city governments compared to Oregon’s. Also, Oregon has invested more state finances into the development of bike paths and multiuse lanes compared to Nevada.

There are some states like New Mexico that increases the age limit to 18 and others like Rhode Island where you need a driver’s license just to use one even though the mechanics of using one is immensely different than that of a car. On the opposite hand, in Hawaii, e-scooters are treated in the same manner as bicycles and in New York, e-scooters aren’t legal for anyone to use altogether.

No matter where you happen to be traveling, make sure you keep up with the regulations and guidelines regarding e-scooters. Though federal laws are still murky, what guidelines that do exist were put up for the safety and well-being of everyone.