3 Reasons why a 4 Year Old shouldn’t be Sued for Negligence

November 1st, 2010. By AbiK

So, did you know a four-year-old can be sued for negligence. It’s a mommy alert if I ever heard one. And even though the decision to allow such to happen is rooted in precedent (see below), there are three reasons why it just seems silly to consider a four-year-old old enough to be a defendant in a negligence lawsuit. Here’s what happened.

It’s sort of a Cindy Adams “only in New York, folks, only in New York” moment. Just last week, Justice Paul Wooten of State Supreme Court in Manhattan ruled that a four-year-old can be sued for negligence. He, of course, is basing this on what’s gone on before in such cases when a four-year-old is being brought to task in our court system—including one case in particular that he cites which dates back to 1928.

You may wonder what in heaven’s name a four-year-old could do to find herself being sued for negligence? Well, little Juliet Breitman and Jacob Kohn were four years old in April, 2009 when they were racing their bikes—as four-year-olds sometimes do—on a New York City sidewalk. They were apparently caught up in the excitement of it all when they accidentally hit an elderly woman, thereby causing the woman to fall and sustain a hip fracture that required surgery.

Reason #1: Uhh…She’s Four Years Old

Let’s just flash back to the age of four for a moment. You probably don’t remember what it was like, so here’s a refresher look at the “official” developmental milestones for a four-year-old…

This list comes the AAP (American Academy of Pediatrics) where they list these cognitive Read the rest of this entry »

Great Tips to Avoid Being a Fraud Victim

November 1st, 2010. By admin

The US Postal Inspection Service (USPIS) is sending out flyers with some great tips on how to avoid becoming a victim of mail fraud—a type of consumer fraud. For those of you who may not have received it, I’ve shared some of the tips below.

The video above is from the USPIS website, deliveringtrust.com, where you can find further information about fraud—specifically cross-border fraud which is happening more frequently. It is a longer video—12 minutes—but there are some good tips at the end, and quite frankly, the USPIS did a pretty good job of channeling some sort of CSI episode to make the subject matter here more entertaining (if it’s possible to even make fraud “entertaining”).

You’ll also find a quiz over at deliveringtrust.com to test your scam radar savvy, and also information about fake checks, cross-border fraud, internet fraud, foreign lottery scams, work-at-home scams, identity theft, telemarketing fraud, and what to do if you’re a victim of fraud. Of course it’s a good idea to contact a consumer fraud attorney if you’ve been a fraud victim as well.

Warning Signs that may indicate a scam:

1. It sounds too good to be true.

2. You’re being pressured to act “right away”.

3. It guarantees success.

4. It promises unusually high returns.

5. It requires an upfront investment—even for a “free” prize.

6. It doesn’t have the look of a real business.

7. Something about it just doesn’t feel right.

But was it Sexual Harassment? Pleading Ignorance takes a look…

October 29th, 2010. By Kristine B

If you’ve read the news lately, you more than likely read that Clarence Thomas and Anita Hill are back at it again. If you’re like me, you may have wondered if we hadn’t somehow gone into some time warp, circa 1991. Well, as one could predict, it was the old “he did it,” “she lied” debate. That debate won’t be tackled—or resolved—here at Pleading Ignorance—heck, I hardly have access to the pertinent information—but what we can discuss is what sexual harassment actually is—and is not.

“Hey babe, nice skirt…”

So is a remark like that sexual harassment—or not? Let’s see… 

Sexual harassment involves unwelcome sexual advances, requests for sexual favors and other conduct (either physical or verbal) that is of a sexual nature. These activities become sexual harassment when the recipient’s submission to or rejection of the conduct affects his or her employment, interferes with work performance or creates an intimidating or hostile work environment. 

The person being harassed does not necessarily have to fear the loss of a job for the situation to be deemed sexual harassment. Sexual harassment can involve promises of promotions or more favorable working conditions or, if the conduct is rejected, demotions or hostile work conditions. 

Sexual harassment does not have to involve parties of the opposite sex. Furthermore, although the harasser can be the employee’s supervisor, the harassment can also involve Read the rest of this entry »

Asbestos News Roundup: 10.28.10

October 28th, 2010. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. 

Asbestos Lawsuits

Harris County, IL: The estate of a former marine is suing over alleged asbestos exposure which contributed to his illness and eventual death. Ada M. Geer, on behalf of Gale V. Geer, deceased, filed a lawsuit on October 5, in the Harris County District Court, claiming that her decedent died from asbestos-related mesothelioma on on January 19, 2009 and that Dr. Bedrossian subsequently determined that the disease came about most likely due to his exposure to the asbestos. 

Among the companies named as defendants in the lawsuit are Afton Pumps Inc., Baldor Electric Co., Continental Automotive Systems Inc., and Detroit Stoker Co. 

The plaintiff claims that the man was exposed to a variety of asbestos products in his lifetime, all associated with the defendants. Gale Geer served in the U.S. Marines from 1943 through 1945, was a machinist and fabricator from 1946 through 1949 and again from 1950 through 1983.  

He also was allegedly exposed through home construction projects and work on cars. 

Ada Greer is seeking damages to punish the defendants, including actual damages, punitive damages, medical costs, physical pain and mental anguish in the past and future, court costs and any other damages they are entitled to by the court. (ultimateeastend.com)

Asbestos Hot Spots

Denver CO: Before the U.S. General Services Administration (GSA) can take advantage of Read the rest of this entry »

Homeowners Latest Grind: Foreclosure Mills

October 28th, 2010. By LucyC

It seems that the banks just can’t stay out of the news these days—for all the wrong reasons. In addition to claims that they charge excessive fees and suspect overdraft charges, several banks are now facing lawsuits filed by emboldened homeowners, presumably with nothing left to lose, over their foreclosure procedures. And it looks like the homeowners may just have grounds.

Case in point, Bank of America (BoFA) was hit with a class action lawsuit in New Jersey last week by homeowners who allege the lender disregarded foreclosure process rules. Earlier this month BoFA imposed a nationwide moratorium on foreclosures and the sale of foreclosed homes after a government agency told BoFA it was worried about documentation problems.

Documentation problems? Read on…

It seems the banks have been hiring so-called “robo signers” or “affidavit slaves”—employees who literally sign hundreds of foreclosure documents a day, according to the Wall Street Journal, without carefully reviewing their contents. The Washington Post recently ran a story on a man who has signed as many as 10,000 foreclosure documents in one month. And, the suit brought against BoFA cites a statement made by a bank official in a Massachusetts foreclosure case who admitted signing thousands of foreclosure complaints without reviewing them.

Keep in mind that these people’s signatures—robo signers’ signatures—act as witness to the Read the rest of this entry »