Author: Andrew Myers
Does Open and Obvious Defense End an Injury Claim?
Open and obvious dangers present themselves every day. Cliffs or holes beside a road or walkway. Construction debris. The shallow end of a swimming pool, where reasonable people would never dive head-first. But in an injury claim where an insurer says the danger was open and obvious, does that end […]
How Do You Prove Lost Wages After an Accident?
Recovering lost wages after an accident or injury is not always simple. Sure, if the person injured had regular wages for a period of time before the accident, getting lost wage verification might be all that’s required. But, what about the self-employed, or those who just started a new business […]
Can I Ever Get Credit After Bankruptcy?
New loans and credit cards may present less of a challenge than you’d think after bankruptcy. But there’s a lot to think about before bankruptcy filers drag themselves down with new loans. Bankruptcy, in the right circumstances, cleans the slate for a new financial life. The U.S. Supreme Court explained […]
Drones: What’s the Law on Small Private Drones? Commercial Drones?
Evolving U.S. law on drones hit a speed bump in 2014 when the Federal Aviation Administration banned, at least temporarily, commercial deliveries by drones. This blog post has been updated, with a summary of the FAA’s 2016 drone regulations. Click here for 10 critical points under the 2016 drone law. […]
Is There Tax on Personal Injury Settlements & Awards?
Generally speaking in a typical car accident settlement or slip and fall case the answer is no. The IRS excludes from taxable income damages received on account of personal physical injuries, whether by suit or settlement. Also excluded from taxable income are amounts received under workers compensation laws for injuries […]
Slip And Fall Cases: What Is Mode Of Operation Law?
Slip and fall accident cases present a challenge in proving that the property owner knew or should have known about the hazard that caused the injury. The injured person always bears the burden of proof. The burden traditionally required the injured person to prove that the property owner either caused […]
What If I Didn’t Go For My Day In Court?
Can a civil case be filed more than once if there was never a real hearing in the court room? On the first court date I couldn’t be there. The second time the other person and I agreed to a settlement and didn’t wait around for the case to get […]
What Is The Three Reindeer Rule?
The Three Reindeer Rule summarizes the law on when government Christmas displays are acceptable. U.S. Supreme Court “Three Reindeer Rule” In Lynch v. Donnelly, a 1984 U.S. Supreme Court decision, the court found that religious elements of a display were proper where they were part of a larger holiday expression including Christmas trees, […]
Children Drawn To Danger: What Is The Attractive Nuisance Law?
Attractive nuisance laws describe hazards so fascinating to children they lure kids in. Serious injuries can result. Unguarded pools top the list of attractions irresistible to children yet potentially fatal. Curiosity thrives in children. They’re drawn to danger. Hazards irresistibly attract children while presenting hidden dangers. Abandoned refrigerators, holes in the ground, […]
Does Posting My New Job Online Violate My Non-Compete Agreement?
Can posting a new job on Facebook or LinkedIn violate non-compete employment contracts? A hairdresser switches salons. She announces the change on Facebook. Previous clients find her. The old salon sues, claiming the post solicits their customers, violating non-compete and non-solicitation agreements signed by the hairdresser. The Vice President of a […]
