Property Owner’s Duty to Inspect
Under California law, property owners have a duty to inspect their trees to determine if they are healthy or hazardous, and remove branches or the tree itself if it poses a hazard. The legal test is whether the property owner knew or should have known that a tree posed a hazard. If the answer is yes, and the property owner fails to act, then the property owner is legally liable for injuries or damage that result from the falling tree or tree branch. Such damage can include physical injuries, lost wages, and property damage, e.g., damage to your car, house, etc.
Let’s say you notice that a tree on your property looks unhealthy. You call out an arborist, who tells you that the tree is diseased and in danger of falling in strong winds. If you do nothing about it, and the tree does fall and injure someone, then you will likely be on the hook for the person’s injuries.
Another scenario: let’s say a tree on your property is diseased, but looks fine. You have no reason to suspect that there is anything wrong with the tree. If a branch falls off the tree and injures someone, you will likely not be liable for the injuries.
Whether the property owner should have foreseen the potential for harm depends on the type of property involved. If the property involves a large and remote tract of heavily wooded land, then the owner could not reasonably be expected to maintain the trees on the property and to remove dead branches from them. However, if the property involves a residential lot, harm to others may be more foreseeable, which increases the owner’s duty to maintain the trees.
Some trees varieties are more likely to be hazardous because of their top-heavy growth and shallow roots. But even stable tree varieties can become hazardous due to improper pruning. Some pruning techniques can make a tree structurally unsound and more likely to fall:
• Topping a tree – cutting the top off, usually for increased light or view
• Lollipopping – cutting the lower branches and leaving a tuft of growth at the top
• Lion-tailing – trimming the inner branches to leave growth on the ends
An arborist’s inspection of the tree or branch right after the accident may help strengthen your case. The arborist can determine not only whether the tree was improperly pruned but also what condition it was in prior to the fall, which will help establish whether the property owner should have known the tree posed a danger.
If you or someone you care about has been injured by a falling tree, you should consult with a personal injury attorney to learn your rights.…
Property Owner’s Duty to Inspect
Some people find the idea of “being their own boss” to be more attractive than working for an established company. Small business owners do this by opening a restaurant or boutique, but some choose to pursue real estate as a way of building wealth. But with the recent economic downturn, what happens to investment property if the owner has to file for bankruptcy? Can a debtor keep rental property if they are going through bankruptcy?
Qualifying for Bankruptcy as a Property Owner
Financial means does not determine who files bankruptcy: a person living on $30,000 a year may have the same eligibility for filing bankruptcy as someone making $300,000 a year. Bankruptcy courts take each person’s income, assets, and debts into account when a debtor files for bankruptcy. These elements give some idea of the debtor’s ability to pay creditors.
How is Investment Property Treated in Bankruptcy?
Investment property is often used as rental property, and because of that, it is treated differently according to which bankruptcy chapter the debtor is filing.
Consumers typically file chapter 7 bankruptcy or chapter 13 bankruptcy. Chapter 7 bankruptcy discharges many debts and offers a fresh start for the debtor, so there are strict requirements. To determine whether the debtor makes enough money to pay off their debt in a reasonable amount of time, the bankruptcy court administers a “means test.” If the court finds that the person filing for bankruptcy makes more than their state’s average income and has a low cost of living, then they do not pass the means test. This means that the debtor has to pursue filing for chapter 13 bankruptcy, which allows them to reorganize their debt so they can pay it back over a three to five year period with court approval.
Exempt vs. Non-exempt Assets
Chapter 7 bankruptcy is designed for individuals who do not have a steady source of income. Once the debtor determines that their debt is out of control, the court appoints a trustee to liquidate their non-exempt assets so that the money from those sales can be used to pay off outstanding debts. What is exempt from liquidation in chapter 7 bankruptcy? The debtor is usually allowed to keep possessions that provide for basic needs, such as a home, car, and furniture. Their non-essential assets, however, are sold.
If you own investment property and plan on filing for chapter 7 bankruptcy, you may not be able to keep that property. Even if it is used as rental property, your situation may be subject to United States Bankruptcy Code 541, which states that “proceeds,…rents, or profits of or from property of the [debtor’s] estate” are included in their overall estate. This means that if you rent your property and earn an income, it is likely counted as non-exempt property.
Debtors dealing with chapter 13 bankruptcy are not required to liquidate their property. The issue concerning investment property in filing chapter 13 bankruptcy, however, comes with the means test. If the court feels that you have enough assets to settle your claims on your own, they may not approve your claim. However, you may be able to show the court that your investment property also brings you a steady income if you use it as a rental property. The court may see it as a necessary piece of property in your plan to repay certain debts, so in this case, it won’t be considered a personal asset.
Small Business Owners and Bankruptcy
Investment property is a concern for many entrepreneurs and small business owners who are considering bankruptcy. Many times, their personal finances are closely tied to the business’s finances, and it can be difficult to confront the fact that bankruptcy may be inevitable. You may be able to keep investment property during bankruptcy proceedings, however.…
A permanent residency in Latvia is pretty much important for a long term citizenship in Latvia. Latvia presents us a lot many reasons on economic viability and long term growth in the Baltic region. To get permanent residency in Latvia is very necessary for those who seek a good business opportunity, setting up a business enterprise or become self employed in Latvia. For those who seek a stay of more than 90 days to six months, it is advisable to get permanent residency in Latvia. An intending migrant need to first apply for a residence permit at any of the consular offices of Latvia. Initially, the permits are allowed for a period of 1 to 5 year subject to the circumstances and eligibility of the migrant. There also exists a possibility of an extension on the residency permit depending on the gravity of the reasons mentioned. Once issued, a residence permit allows the person to enter Latvia to live & work in the Republic of Territory, without a visa. The person is also entitled to the various social and medical benefits as can be availed by any other citizen of Latvia. A residence permit can be issued on any one of the following aspects:-
A residence permit doesn’t alone give the immigrant right to enter the European Union countries. It is mandatory to first attain the ‘Permanent Resident’ status as per the immigration policy at EU. The immigrant is required to first show the proof of a stable income that establishes the financial independence of the family. The immigrant should have stayed in any of the European Union country for a minimum of 5 years with no less than 10 months of annual leaves.
The procedure on obtaining the status of ‘Permanent Resident’ starts with submitting the filled application form on the same. The application form must also be accompanied with the life & health insurance policy, a certificate on availability of residence at Latvia, Photograph and other necessary documents on education, professional expertise, marriage or financial stability. The applicants are also required to show a medical certificate issued by a medical authority on the person being free of Tuberculosis, pathogen or any other epidemic. A Latvian Temporary Resident Status can initially be acquired to first settle down in Latvia. Subsequent to the stay of the 5 year period under the temporary visa, the immigrant can go ahead and apply for the permanent residence status in Latvia.
Latvia has acquired the status of a rightful destination for capital investment and employment generation. The recent listing on ‘Ease on doing businesses’ ranks Latvia on 21st place worldwide thereby making it an attractive destination among the immigrant population. The Republic of Latvia also makes the transition smooth for any intending immigrant to make the work force more competent of the global requirements.…
In a traffic accident it may not only be the car and driver that suffer damage or injury. Any passenger in the car at the time of the accident may have to file an accident compensation claim due to the injuries sustained. It is also fairly likely, due to their lack of role in driving the vehicle that they have no blame attached to them for the accident.
A large number of accidents occur each year in which, unfortunately people sustain injuries of varying degrees that can have a negative impact on their lives and sometimes their long term prospects of life as it was prior to the accident. You could be a passenger in a car, bus, taxi, train, plane or on a motorcycle and sustain injury due to the actions of others. Whatever the type of transport in which you are travelling when you sustain your injuries you are entitled to file an accident compensation claim.
You are more likely to be seriously injured if you are the front seat passenger of the vehicle involved – even in some cases by those passengers sitting behind you who are thrown forward by the impact. It may be that the driver of the vehicle in which you are travelling is also free from blame in the accident.
As a passenger being transported in a vehicle of any type and you are involved in an accident you have a right to be protected from harm by the person in charge of the vehicle, ie, the driver. There is a legal duty of care to protect the safety of passengers and if this is breeched in a way that causes injury, the injured party can file an accident compensation claim. This claim is usually against the insurance company of the driver or the person who caused the accident.
Any claim for injury compensation depends on the extent of the sustained injuries and the impact the injuries on your every day life. For example, in cases of extreme injuries it may be that the injured party may need long term care. Their previous life style may have been completely destroyed. With lesser injuries there may be short term problems, but given time a full recovery is made. Each case will be assessed based on individual circumstances.
If you have been involved in an accident as vehicle passenger and have sustained injury it is important that you receive immediate medical attention at the time and seek expert legal advice as soon as possible who will ensure your accident compensation claim is filed correctly to give your claim the best chance of success.…
Mesothelioma is a form of cancer that is caused by exposure to asbestos dust particles. Essentially, up until the 1980s, asbestos was used widely in numerous building industries and therefore thousands of people were in contact with this hazardous material.
Anyone who has been diagnosed with an asbestos induced disease, including mesothelioma, lung cancer and asbestosis, should seek the legal advice from experienced asbestos lawyer to obtain monetary compensation. Suffering from cancer is a complex situation. I am entitled to make this statement, as my wife was diagnosed with breast cancer in March of 2009, and I received my kidney cancer diagnosis only seven months later. It certainly doesn’t make any sense to compare the different cancer diseases to each other; however, the fact of the matter is that if a cancer can be directly linked to asbestos exposure, at least there is a fair chance of getting financial help through a compensation claim.
Especially mesothelioma cases are known for their good chances of success through litigation and have therefore provided many victims and their families with financial relief. The key is to find a reputable mesothelioma lawyer who can assist in fighting for your rights and getting the settlement or court verdict you not only deserve, but also need in order to cover your medical expenses for treatment after you have been diagnosed.
A lot of people think that mesothelioma litigations are usually cut and dry cases. Unfortunately, this is not true. As a matter of fact, they can be extremely complex and there is a whole spectrum of aspects that needs to be taken into account in order to navigate successfully through the litigation process.
It is of paramount importance to consult with a mesothelioma lawyer or law firm as early as possible, preferably right after you received your diagnosis. This will ensure that the process is getting kicked off early on and therefore help you in obtaining your compensation as soon as possible. Mesothelioma is usually seen as an occupational disease, because the associated injuries are typically the result of another party’s negligence; in most of the cases this would be a former employer. Furthermore, mesothelioma comes in different forms based on the characteristics and severity of the condition. The by far worst kind is the so called malignant mesothelioma which continues to claim victims in the thousands year after year.
An experienced asbestos lawyer understands the complexity of mesothelioma, which is imperative of building a case that is tailored to the individual situation of a patient.
Again, don’t let too much time pass and ask for free consultation with a mesothelioma legal advice specialist as soon as possible.…
If you went out for a night on the town and got caught drinking and driving, or you were involved in a situation where you were at the wrong place at the wrong time, you may need legal help. A criminal lawyer knows just what to do when you’ve been arrested. While some people may think that hiring an attorney is no big deal, if you want to make sure you don’t ruin your good name, then it’s a good idea to reach out to a skilled attorney. Explore three reasons why you may need to hire a professional.
When you hang out with friends or go out for a special occasion, you may decide to have a few drinks. Unfortunately, sometimes those drinks can get out of hand and you find yourself a bit tipsy. Yet, you may feel you’re okay to drive. Sadly, many times, people are not able to drive and wind up hurting themselves or someone else in a car crash.
In addition, some people also use illegal substances that can alter their thoughts. As a result, this can also cause you to do something you wouldn’t do if your head was clear. Whatever the case, you will need a good criminal lawyer to help you get out of the deep trouble you’re in. This attorney will advise you on what to say or not to say and can help get you on the right track for the future.
Everyone knows not to take things that don’t belong to them. Yet, some people do it anyway. If you see something you just had to have and decide to steal it, you will get caught by the authorities. And if the official owner of the property presses charges against you, you will need to get on the phone with a criminal lawyer as soon as possible. This way, you’ll have a better chance of getting a better outcome, as opposed to trying to deal with the situation alone.
What you may call self-defense may be considered assault by the other party. Regardless of who was at fault, you could find yourself in the back of a patrol car. Whenever possible, you need to call or have someone call a criminal lawyer for you immediately. This is because you cannot risk ruining your future because you didn’t have proper representation. An experienced attorney can help fight for your rights and keep you out of jail. The process may take time, since it’s your word against the other person’s word. However, it will be worth the wait when you walk out of jail a free man or woman.…
If you are planning to move and you need the help of an immigration solicitor to do so, then there are certain questions you should ask your solicitor before agreeing to hire them. Firstly, it’s important to know what experience they’ve had in the area before as this will tell you whether or not you think they’ll be able to handle your case. Also ask them for referrals from previous clients so you can receive references from people who have used their services before.
Some immigration cases can be long and complicated and decisions can take months or even years to come through. For this reason, you shouldn’t expect to hear updates from your solicitor every week but it’s still important that you know how to get in touch with them if you need to, so ask them about contact procedures. Also make sure you have a firm understanding of their procedures for contacting you so you can be certain they’ll keep you up to date with case developments.
Before hiring an immigration solicitor, when you have your initial consultation with them you should ask them for their opinion on your case. This is because it might be a good idea to look elsewhere for legal advice – or at least get a second opinion – if they think your case would be rejected. Getting a couple of opinions will not only give you an idea as to your likelihood of success but also the competence of the solicitor you have chosen.
While your solicitor may not be able to tell you up front how much your case will cost – as it will obviously largely depend on how complicated it is and how long it takes – you should still ask for a rough cost so you can work out if you can afford their services. Solicitors should be able to give you a break down of their charges and how they determine different costs. You could also consider getting a second opinion to compare the costs available at different firms.
Lastly, it’s important to ask your chosen solicitor how long they anticipate your case taking. It’s also a good idea to get some other opinions from a range of solicitors here so you can work out the likely length of your case and be certain your solicitor as your best interests in mind and not just their bottom line. Also, as some complicated immigration cases can drag on for years, it can be useful to know in advance just how long a wait you are likely to be in for.…