Title: July 4, 2007
Q. There are an awful lot of products being recalled. Why is this happening so much nowadays?
A. A company is recalling a product because principals of the company discovered some safety issue with the product being recalled. It is basically an effort to limit liability for corporate negligence, to avoid costly legal penalties imposed by some government agency overseeing the type of products being manufactured and to curb bad publicity. Of course, this can be very costly because it often entails replacing the recalled product or paying for damages caused by using the product in question. United States has specific requirements in regard to product recalls. Safety-related recalls can be voluntarily initiated by the manufacturer, or made compulsory by a government agency if the risk is significant to consumers and if it is in the consumer’s best interest. Lately, we’ve had a recall on food items produced in Northern California. These food items had to be recalled because not only did they cause death, but also caused hundreds of people to become violently ill from consuming the food. Recalls of cars, tires, children toys and canned food are common. We must return any items which are the subject of a recall immediately. There will be reimbursement of the money paid to buy the product by the store or the manufacturer.
Q. I believe there is toxic mold or mildew in my brand new house. My children are suffering from various illnesses because of it. I have complained about it to the builder, but nothing is being done about it. I think the house was insufficiently covered when it rained last winter during the construction phase and now mold is present in the attic and growing. What can I do?
A. Molds are ubiquitous in nature, and mold spores are a common component of household dust. The term toxic mold is sometimes used to refer to mold-related indoor air quality problems. Exposure to significant quantities or mold spores can cause allergic reactions. Some species or molds can be toxic to humans or animals. You should contact a company specialized in conducting mold inspections. If toxic mold is found, send the report to the builder. The builder may be responsible if you are still within your warranty period, or even outside it, depending on what caused the toxic mold, if any. A lawsuit may be in order if the builder continues to ignore your plea for held.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Showing posts with label liability. Show all posts
Showing posts with label liability. Show all posts
Tuesday, March 24, 2009
Thursday, March 12, 2009
Legal Eaze #37 Hepatitis from Restaurant, School Bus Accident
Title: December 7, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I heard that several people caught Hepatitis A from patronizing a local restaurant. A member of my family went there not long ago. I am very concerned for my family’s health. What is the restaurant’s liability for making people sick from contaminated food?
A. If getting Hepatitis A can be traced to contaminated food from this restaurant, the owner(s) of the restaurant will be liable for any damages sustained as a result of catching this dreadful disease. Infected individuals can unknowingly infect others two weeks prior to feeling ill themselves. So you are justified in being concerned. Damages the restaurant’s owners can be sued for include medical care, income loss, pain and suffering, mental anguish, loss of consortium, etc. Hepatitis A is a serious disease and kills approximately 100 people in this country every year. Tracing of the origins of the disease must be confirmed however before filing any lawsuits. So, you must be sure that the disease was contracted due to contaminated food or unsanitary conditions at this restaurant.
Q. My son rides on a school bus everyday. Because the bus driver has ill feelings towards my son, he must sit in the front row everyday. I was informed by him that because he is in the front row, he can see everything in front of the bus and what the driver is doing while driving the bus. The driver is constantly watching the rear of the bus through her back view mirror instead of watching where she is driving the bus. Not long ago, she almost hit a child who was right in front of the bus. I am fearful that this driver is going to cause an accident pretty soon while she has several children as passengers. What can be done about this?
A. First and foremost, I would let her supervisor know that her driving is dangerous. It is indeed the duty of a school bus driver to ensure that the kids in her care behave. But, her first duty is to ensure their safety. If supervision of the children becomes her primary focus, then she needs to have a driver who will focus on driving the bus. By notifying her supervisor, the school district will become aware of the dangers the children are facing while in this bus driver’s care. If an accident does occur, the school district will become liable through the “respondeat superior” theory which means that the employer becomes liable for damages incurred as a result of their employee’s negligence while she is working.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I heard that several people caught Hepatitis A from patronizing a local restaurant. A member of my family went there not long ago. I am very concerned for my family’s health. What is the restaurant’s liability for making people sick from contaminated food?
A. If getting Hepatitis A can be traced to contaminated food from this restaurant, the owner(s) of the restaurant will be liable for any damages sustained as a result of catching this dreadful disease. Infected individuals can unknowingly infect others two weeks prior to feeling ill themselves. So you are justified in being concerned. Damages the restaurant’s owners can be sued for include medical care, income loss, pain and suffering, mental anguish, loss of consortium, etc. Hepatitis A is a serious disease and kills approximately 100 people in this country every year. Tracing of the origins of the disease must be confirmed however before filing any lawsuits. So, you must be sure that the disease was contracted due to contaminated food or unsanitary conditions at this restaurant.
Q. My son rides on a school bus everyday. Because the bus driver has ill feelings towards my son, he must sit in the front row everyday. I was informed by him that because he is in the front row, he can see everything in front of the bus and what the driver is doing while driving the bus. The driver is constantly watching the rear of the bus through her back view mirror instead of watching where she is driving the bus. Not long ago, she almost hit a child who was right in front of the bus. I am fearful that this driver is going to cause an accident pretty soon while she has several children as passengers. What can be done about this?
A. First and foremost, I would let her supervisor know that her driving is dangerous. It is indeed the duty of a school bus driver to ensure that the kids in her care behave. But, her first duty is to ensure their safety. If supervision of the children becomes her primary focus, then she needs to have a driver who will focus on driving the bus. By notifying her supervisor, the school district will become aware of the dangers the children are facing while in this bus driver’s care. If an accident does occur, the school district will become liable through the “respondeat superior” theory which means that the employer becomes liable for damages incurred as a result of their employee’s negligence while she is working.
Wednesday, December 31, 2008
Legal Eaze #5 Tree Roof Damage/ Sick Puppy
Originally Printed: September 1, 2004
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. My neighbor has a tree with large branches overhanging my roof. In the past, some of these branches have caused damage to my roof on windy days. I have asked my neighbor to do something about his tree, but he refuses to do anything. What can I do?
A. You have the right to abate this nuisance by cutting off the offending branches. However, you cannot cut off more than necessary and you must be careful not to cause an imbalance that will eventually cause the tree to die or to fall down to the other side. Obviously, it would be to your neighbor’s advantage to cooperate in hiring a professional to deal with the tree. I would suggest that you contact an attorney to write a strong letter to your neighbor and make him aware of his liability for the damage caused to your roof and to reach a consensus as to how the offending branches should be removed. The cost of hiring a tree professional should be borne by the owner of the tree.
Q. I purchased a cute puppy from a pet store. Two weeks later, it was diagnosed with Parvo disease. I was expensive to save the puppy’s life. What should I do?
A. If a licensed veterinarian has made a written diagnosis within 15 days after the dog was purchased to the effect that the dog became ill due to any pre-existing illness or disease, you may return the dog to the store for a refund of the purchase price and reimbursement of reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price. As an alternative, you may get another dog of your choice and of equal value, plus reimbursement of the veterinary fees. If you choose to keep the dog, you can still be reimbursed for reasonable veterinary fees in an amount not to exceed 150% of the original purchase price of the dog. Lastly, if the dog dies as a result of the same illness or disease, regardless of the date of its death, obtain a refund for the purchase price, or a replacement dog of equivalent value and reimbursement for veterinary fees in an amount not to exceed the purchase price of the dog. The same goes for a dog with a congenital or hereditary condition diagnosed by a veterinarian to suffer or have died from this condition within one year of its purchase.
Forward questions to maxinedev@msn.com , drop questions at the Tehachapi News, located at 411 N. Mill St., or send them to POB 1840, Tehachapi, CA 93581
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. My neighbor has a tree with large branches overhanging my roof. In the past, some of these branches have caused damage to my roof on windy days. I have asked my neighbor to do something about his tree, but he refuses to do anything. What can I do?
A. You have the right to abate this nuisance by cutting off the offending branches. However, you cannot cut off more than necessary and you must be careful not to cause an imbalance that will eventually cause the tree to die or to fall down to the other side. Obviously, it would be to your neighbor’s advantage to cooperate in hiring a professional to deal with the tree. I would suggest that you contact an attorney to write a strong letter to your neighbor and make him aware of his liability for the damage caused to your roof and to reach a consensus as to how the offending branches should be removed. The cost of hiring a tree professional should be borne by the owner of the tree.
Q. I purchased a cute puppy from a pet store. Two weeks later, it was diagnosed with Parvo disease. I was expensive to save the puppy’s life. What should I do?
A. If a licensed veterinarian has made a written diagnosis within 15 days after the dog was purchased to the effect that the dog became ill due to any pre-existing illness or disease, you may return the dog to the store for a refund of the purchase price and reimbursement of reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price. As an alternative, you may get another dog of your choice and of equal value, plus reimbursement of the veterinary fees. If you choose to keep the dog, you can still be reimbursed for reasonable veterinary fees in an amount not to exceed 150% of the original purchase price of the dog. Lastly, if the dog dies as a result of the same illness or disease, regardless of the date of its death, obtain a refund for the purchase price, or a replacement dog of equivalent value and reimbursement for veterinary fees in an amount not to exceed the purchase price of the dog. The same goes for a dog with a congenital or hereditary condition diagnosed by a veterinarian to suffer or have died from this condition within one year of its purchase.
Forward questions to maxinedev@msn.com , drop questions at the Tehachapi News, located at 411 N. Mill St., or send them to POB 1840, Tehachapi, CA 93581
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