Sobering Statistics

Research shows that using a cell phone while driving (hand-held or hands-free) delays a driver's reactions as much as having a blood alcohol concentration at .08, the legal limit for alcohol consumption. Additionally driving while using a cell phone reduces the amount of brain activity associated with driving by 37 percent (source). These shocking statistics show just how dangerous it is to be using hand-held devices behind the wheel, and why laws are changing to prevent drivers from using them. Here's some more scary facts from the California Ofice of Traffic Safety:

80 percent of vehicle crashes involve some sort of driver inattention.

Up to 6000 people nationwide are killed in crashes where driver distractions are involved.

Talking on a cell phone or texting is the number one source of driver distractions.

Texting takes your eyes off the road for an average of five seconds, far enough to travel the length of a football field at 55 mph.  Most crashes happen with less than 3 seconds reaction time.

The act of talking on a cell phone, even hands free, can give you “inattention blindness,” where your brain isn’t seeing what’s right in front of you.  

Thanks to the CA Office of Traffic Safety for these sobering reminders. 

Business Formation Help

Entrepreneurs must balance numerous tasks and and competing priorities well before they are open for business, including the formation of a legal structure. You'll need to learn how to protect your assets and set your business up for success. If you are starting a small business, you may have a number of questions concerning the proper organization form for your business's needs. What are the advantages of incorporating your small business? What should be included in a partnership agreement? How is a sole proprietor taxed?

Whether you need advice on choosing the right business organization form, or would like assistance getting your new sole proprietorship, partnership, corporation, or limited liability company (LLC) up and running (including the drafting and filing of all necessary formation documents) we can provide key assistance with your new business venture. At each step of the business start-up process, your attorney will work to ensure that all legal bases are covered, and that your new business has the best possible chance for success.

Product Liability & In-Ground Slides

The U.S. Consumer Product Safety Commission has recalled 21,000 inflatable in-ground pool water slides after a woman died and two others were paralyzed. The slides, intended to be placed next to a pool, can deflate suddenly or topple over in high winds. Sadly, a woman was killed when she went down the slide head-first and the slide deflated before she entered the water. The woman's family sued Toys R Us and a jury returned a $20.6 million verdict after less than an hour of deliberation. 

People often attribute product failures to their own misuse or poor maintenance. However, under product liability law, manufacturers, distributors, suppliers, retailers, and others who make products available to the public are responsible for the injuries caused by these products.  If at any time the product lacks the element necessary to make it safe for its intended use, or contains a condition that makes it unsafe for its intended use, then the product is considered defective and the manufacturer of the product may be liable for the injuries caused by the product.  

Learn more about product liability here and learn more about dangers of in-ground slides here. 

Mechanic's Liens 101

A mechanic's lien is a "hold" against your property that, if unpaid, allows a foreclosure, forcing the sale of your home. It is recorded with the County Recorder's office by the unpaid contractor, subcontractor or supplier. Sometimes liens occur when the prime contractor has not paid subcontractors or suppliers. Legally, the homeowner is ultimately responsible for payment - even if they have already paid the prime contractor.

A mechanic's lien can result in a range of problems for your property, which include:

• Foreclosure, if the homeowner doesn't pay off the lien or cannot afford to do so;
• Double payment for the same job--if the homeowner pays the prime contractor--and then has to pay the sub or supplier who wasn't paid by the prime;
• A cloud on the title of the property, which can affect the homeowner's ability to borrow against, refinance, or sell the property.

With the unprecedented decline in land values these days, a mechanic’s lien claimant’s ability to get paid will likely hinge upon whether the lien claimant can obtain priority over other indebtedness that is secured by a deed of trust or mortgage against the same real property and improvements. In Nevada, there are certain situations where the lien claimants can obtain that priority, even though the mortgage or deed of trust was recorded prior to the recordation of the mechanic’s lien. This is known as “priming’ the mortgage or deed of trust. 

Learn Nevada case law on mechanic's lien's here.

411 on Burn Injuries

In many cases individuals may sustain serious burn injuries through no fault of their own. In these cases, the burn victim has the right to recover compensation from the responsible party for their injuries, including reasonable medical and rehabilitation expenses, loss of earnings and earning capacity and damages for pain and suffering, permanent impairment and disfigurement.

According to the Centers for Disease Control (CDC), fires and burns are the fifth leading cause of unintentional death in the country and the third leading cause of fatal home injuries. Unfortunately, children are often the victims of burns. The CDC estimates that 435 children are treated in ERs each day for burns. Fires and burns are the second leading cause of unintentional death in children ages five to nine and the third leading cause of unintentional death in children ages one to four.

For more information on burn injuries, click here.