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Laws are enacted to prevent any abnormal behavior that may harm self and others, either physically or psychologically and to protect citizens from being harmed similarly. The one such law that governs such behavior is DUI laws. The law doesn’t prohibit an individual from drinking nor from driving. But Driving Under the Influence (DUI) of alcohol or drug is a criminal offense that attracts punishments. According to the National safety Council, there are 12 million auto accidents in the US and 40% of the fatalities are due to drinking and driving.

In California, DUI is governed by two basic laws. They are found in Vehicle code sections 23152 (a) and 23152 (b). They are commonly known to California lawyers as “a” and “b” counts. The first section relates to driving under the influence of alcohol or drug and the second section relates to the threshold limit of alcohol present in the body established through different means such as blood level.

The first section states that “it is a misdemeanor to drive under the influence of alcohol and/or drugs”. The code implies the level of deviation of a person’s ability, whose mental and physical faculties are impaired under the influence, to drive when compared to that of a sober person under similar circumstances. This is the legal standard of interpretation of the first person.

The second section states that “it is a misdemeanor to drive with .08% or more of alcohol concentration in blood or breath”. The second section implies that, even if the person’s faculties are not impaired so that the person exercises full control while driving, it is still an offense to drive with a minimum alcohol level in the body.

Although there are two sections, DUI law is only one law and therefore, the punishment is for only one offense, but an individual can be booked under any of the two sections. Besides the basic laws, there are statutes related to DUI such as felony, prior convictions and injuries and manslaughter. Vehicle code 23153 invoked when DUI results in injury to other persons. When deaths are involved due to DUI, the case is tried under Penal code 191.5 and 192. Prior convictions provide for greater degree of punishments for repeat offenses.

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In the past, the rule of the day was “buyer beware”. It was up to consumers to inform and protect themselves from irresponsible companies and dangerous products. Current law, however, is just the opposite. Now companies are legally required to provide reasonably safe products. If companies produce dangerous or defective products, consumers can sue them for the injuries suffered as a result. Strict product liability makes everyone in the production process, from component manufacturers to distributors, responsible for the safety of the product. This makes safe products a priority for both consumers and producers, which should be the ideal situation.

However, the mere existence of this law has not completely protected consumers from dangerous products. Often companies are not careful and let defective products slip through the production line, or they compromise the safety of their product to reduce costs. Defective products reach the shelves every day, where they can hurt consumers. When these products injure you, it is important to find a lawyer and pursue the company, both to claim the repayment you deserve and to protect other consumers from the defective product.

A product does not even have to be defective for its manufacturer to be liable under product liability law. If a product is merely unsafe to consumers, every company affiliated with the production, distribution, and retail of that product can be held responsible. There are four different ways to legally establish product liability for defective or dangerous products: negligence, breach of warranty, misrepresentation, and strict liability.

A company is considered negligent when it is responsible for providing a standard of safety and does not do so. This includes inaction as well as careless and intentionally dangerous practices. Breach of warranty occurs when a product fails to carry out the claims of a seller. Companies are obligated to fulfill any promises made to customers. Misrepresentation refers to the expectations consumers hold from a products advertising and promotion. If consumers are lead to believe, through advertising, that a product is safer than it really is, the product has been misrepresented. Finally, strict liability assigns the responsibility for safety to every step of the production and distribution process. If a product is defective and the defect injures a consumer, the company is strictly liable and responsible for the injury regardless of fault or intent.

A person only has three years to bring an action from the time they become aware of the loss, the defect, and the manufacturer. Any action that is taken has to happen within ten years of the time the goods were supplied. This creates a limited window for consumers to protect their interests, claim repayment from irresponsible companies, and establish justice for dangerous business practices. This area of law is very complicated and if you feel that you have been hurt or injured by any product you should contact a lawyer right away. An attorney will review your case and tell you from experience what you could expect from pursuing a lawsuit.
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If you have more questions, contact a defective products attorney or read about other defective products at http://www.hugesettlements.com. If you use this article, please include these links.

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The Importance of Making a Will

A valid will is one of the most important documents you could ever put your signature to, as the consequences of failing to make a will before you die can have far-reaching effects on the people you care about most.

Despite the importance of this legal document, it is still the case that only 3 out of every 10 people make a will mainly due to lack of awareness as to why a Will is needed.

The 3 most important reasons why a Will should be made are;

1.Simplifying Administration Process
2.Intestacy & Distribution of Assets
3.Inheritance Tax

1. Simplifying the Administration Process

Before a deceased person’s estate can be distributed to various individuals a grant of representation needs to be obtained from the Probate office. All assets which comprise the estate -including money in bank accounts - are frozen until this grant is confirmed. Where no will has been made the process of applying for the grant is drawn out, causing aggravated upset and anxiety for relatives and possibly acrimonious disputes and legal costs over who should deal with the estate.

A valid Will resolves these problems as persons will already have been appointed by the Will - executors - to deal with the estate and can obtain the grant and begin the distribution of the assets in a minimal period of time thus saving costs, time and unnecessary distress.

2. Intestacy & Distribution of Assets

Making a Will is the only way to ensure that the people you wish to inherit from your estate actually do so. Failing to make a Will will result in the law of Intestacy being applied, and the intestacy rules will dictate who will receive what, and often this will not accord with what you would have wanted. For example;

a) If you are single you may want to distribute your assets amongst selected friends and family. The rules of intestacy will not take into account any relationships based on friendship, and will distribute amongst relatives only, everything passing to the State if no relatives can be found.

b) If you are living as cohabitees (unmarried couple) you may want your partner to derive some benefit from your estate, perhaps to remain in the family home for example. The rules of intestacy would not take your partner into account; as far as the law is concerned, you would be treated as a single person and your partner would receive nothing.

c) If you are married with children you might assume that your spouse would receive everything. This is not always the case, as brothers and sisters and often your children will also have a claim.

d) If you are a parent, you might assume that if anything were to happen to you that your closest relatives would be responsible for the care of your children. However, the matter will need to be taken to the Courts for them decide who should have custody, a process which can be very drawn out and distressing to the parties involved. This particular consequence is of vital importance if you are a single parent or unmarried couple with children. Making a Will is invaluable by appointing Guardians to be responsible for the care of your children.

Failing to make a Will leaves control over the distribution of YOUR possessions and assets in the hands of the State. Making a Will puts the control back in YOUR hands.

3. Inheritance Tax

The family home is often the main asset and with the increase in property values more and more people have been caught in the Inheritance Tax net. Failing to make a Will will result in the rules of Intestacy being applied and these will only provide for the minimum Inheritance Tax avoidance.

The UK legislation provides that assets up to the value of £275,000 are exempt from Inheritance Tax and anything over this threshold will be taxed at 40%. When you add up everything you own - including personal items etc - you may find you are worth a substantial amount of money. In addition, you might be dismayed to discover that you also be liable to pay inheritance tax!

As an example, if your estate is worth £300,000, £25,000 of that will be taxable at the rate of 40% which will result in £10,000 worth of tax being payable!

Making a Will is one of the best tax avoidance tools you can employ - in addition to others and utilising the exemptions which are available.

Making a Will is probably one of the last - and most important - undertakings you can do for the benefit of your family and those you love…failure to make one can have far reaching and dire consequences.

JsByrne
LLB (Hons) LPc.
www.Draft-Your-Will.com

About the Author

Miss JsByrne holds a Bachelor of Law degree with Honours & a post-graduate diploma in Legal Practice. Also gained qualification in Wills Writing & is the owner/author of www.Draft-Your-Will.com and DYW Wills & Estate Planning Newsletter

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Due to the rise in Mesothelioma related Cancers, which are a result of exposure to Asbestos based fibers and materials, there is now a wave of Asbestos related litigation being initiated.

Although there has been information related to Mesothelioma related Cancers and the effects of Asbestos on the human body, Mesothelioma cases have often taken 30 to 40 years to appear.

Mesothelioma Cancer is related to the Mesothelioma cells, which line the lungs, heart and abdominal area of the human body. Asbestos causes these cells to slowly develop into cancerous nodules, which later develop to form tumors.

Once diagnosed with Mesothelioma Cancer, a patient can live between 7 months to 7 years, depending upon the stage of the Cancer and which organ has been affected. Abdominal Mesothelioma Cancer often is coupled with immune deficiencies and requires extra treatment measures.

There are now a number of Attorneys, paralegals, investigators, doctors and academics that specialize in Asbestos Litigation. Over the years, Asbestos Litigation has taken on various forms. Initially, the cases included minor situations involving scaring of the chest lining, known as Asbestosis.

However, many of the more serious asbestos symptoms did not develop until much later. It slowly became apparent that Asbestos was a dangerous substance that causes Mesothelioma Cancer.

Asbestos has since been removed from the building industry and removed from buildings. Although, for many, it is too late, as their exposure to Asbestos has already occurred and many have since died as a result.

Now people who develop Mesothelioma Cancer can pursue Asbestos litigation, however there are rules to going about this. One of those rules includes, that the person seeking Asbestos litigation must be able to provide evidence that they were exposed to the Asbestos substance.

The person seeking Asbestos litigation must be able to supply information about the particular Asbestos substance and the particular location in which the exposure occurred. The more details a person can supply the more favorable the outcome of their Asbestos litigation will be.

Asbestos litigation should also be accompanied with medical documents that provide evidence of any internal damage, or side affects that have resulted from exposure to Asbestos. As well as medical documents, a letter from a doctor detailing the outcome of the exposure and what would be required in the way of treatment and ongoing support.

In the case of Mesothelioma Cancer that has been caused by exposure to asbestos, those affected by this exposure should be aware of their rights. If you, or someone you know has been showing symptoms of exposure to Asbestos, such as abdominal pain, chest pain, coughing, weight loss, or fever and frequent illness, consider seeking medical advice.

About the Author

Learn more about mesothelioma treatment and asbestos litigation go here: http://www.mesothelioma-treatment-center.com/asbestos-litigation.htm

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