Posted on November 26, 2018 in Personal Injury

Anyone who has spent time in retail stores has seen the telltale signs that an accident happened, which is usually identified by the presence of a warning sign, orange cones, and/or ropes to cordon off an area. Often, these accidents are the result of some liquid spilling onto the floor, creating a slip and fall hazard that could endanger the safety of customers. By marking the area off, and taking steps to clean up the spill, the operators are acting responsibly and fulfilling their duty of care to keep the area open to the public free from dangerous hazards. Unfortunately, this level of attention and precaution is not employed at every store, and the result can be injured customers who slip and fall on substances present on the floor.

A woman recently sued Dollar Tree Stores Inc. after slipping and falling on a liquid substance left on the floor of an aisle during a visit to a Naperville location in April. Falling on a foreign substance while visiting a retail establishment is an all too familiar occurrence, and these companies need to be held accountable if negligence was involved. Premises liability law determines if a store owner/operator is responsible for an injury to a third party, and when it comes to a foreign substance on the floor, several factors influence whether a business may be found liable to pay compensation. An overview of how the law evaluates slip and fall cases involving foreign substances will follow below.

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 Posted on November 23, 2018 in Family Law

Each person has been happy or sad because of the weather and the changing of seasons. Each season brings different challenges with it in all aspects of life, such as bundling up for the winter or trying to stay cool in the summer. Could it be possible that divorce rates are affected by the seasons as well? Most people do not generally think of divorce as impacted by the seasons, and there are numerous reasons why a couple undertakes the divorce process. A study done at the University of Washington by Professor Julie Brines examined divorce rates to see if they were affected by the seasons at all.

The Results

The study found there are patterns where divorce rates spike at certain times of the year. The data collected over a 14 year period shows that the divorce rates peaked in March and August. March is usually right around winter is considered to end, and August often when it starts to cool down. Divorce rates spiking in March and August seems to indicate that divorce rates are affected by the seasons, but also by holidays.

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 Posted on November 21, 2018 in Immigration

Anyone who has legitimate business in the United States may enter the country, on any number of valid immigrant visas. If they wish to remain in the country, they can do so, using a procedure called adjustment of status (AOS). However, they need to meet the criteria to do so, and not everyone will be able to. Understanding what the criteria are can save you money and trouble, as you can try to correct anything that needs correcting before you take the time to file.

Am I Eligible?

Before starting to file to adjust your status, you must determine whether or not you are eligible to do so from inside the country (in addition to knowing you are eligible for a green card, to begin with, meaning that you cannot have had any past immigration trouble, among other requirements). Some people can adjust status while still in the U.S., while others must leave and go through what the State Department calls consular processing in their home country.

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 Posted on November 19, 2018 in Personal Injury

It is general knowledge that driving drunk, public intoxication, and open containers of alcohol are against the law. Of course, people do not always follow the law, and unfortunately, with alcohol, this can lead to injuries of third parties, particularly in car accidents involving drunk drivers. Once a person reaches the age of 21, alcohol is readily available from bars, restaurants, liquor stores, and other establishments that have a valid license to sell these products. Selling products that are known to lead to injuries from negligent behavior is a big responsibility, and while most are aware that a personal injury lawsuit may be filed against an intoxicated wrongdoer, many States, including Illinois, have laws that impose liability on business establishments that supply the alcohol. These laws, known as Dram Shop Laws, are in place to prevent vendors who sell liquor from providing alcohol to intoxicated persons because this practice puts the general public at risk.

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 Posted on November 16, 2018 in Family Law

Divorce is emotional and stressful for all parties involved but can be especially hard on children. Parents separating brings up a whole range of feelings for the children, such as anger, sadness, and guilt. When a couple is going through the divorce process, it is important to try to make it as easy as possible for the child. Co-parenting can often help with the sudden change. Co-parenting occurs when divorced parents share the responsibility of raising the child. In order for co-parenting to work, you and your ex need to be on the same page when it comes to raising the child. Being on the same page will be much easier if you follow these tips.

Set Rules and Stick to Them

Both parents need to agree on a set of rules and stick to them as a unified front. Having one parent enforce a rule while the other does not leads to confusion and for the child. It also makes one parent appear more strict than the other and can lead to resentment and excuses when trying to enforce the rules that are set forth.

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 Posted on November 14, 2018 in Immigration

If you are declared inadmissible, it is not necessarily the end of the proverbial line in terms of being able to enter the United States. It is possible in many instances to apply to have a ground of inadmissibility waived, though the ultimate decision is up to U.S. Citizenship & Immigration Services (USCIS) as to whether or not the request will be granted. In most instances, it is worth it to make the attempt.

Apply for the Right Waiver

There are multiple different types of waivers, but one must apply for the waiver that corresponds to their specific immigration status. Not everyone is able to seek a waiver from within the United States, despite common misconceptions to the contrary, but there are specific categories of people who may. In addition, not everyone may seek a waiver of all potential grounds of inadmissibility - in other words, someone in a certain immigration status may not be able to waive a certain ground, while someone in another status may be able to.

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 Posted on November 12, 2018 in Personal Injury

Operating an automobile on public motorways involves a lot of social compacts. Because accidents involving automobiles can inflict serious injury, and even death, all automobile operators must ensure that not only are they operating the automobile in a prudent manner, but that the automobile itself must be in a safe state. The need for regular maintenance and repair is especially important for commercial trucks. A poorly-maintained truck can cause accidents, and victims may need to engage the services of an attorney experienced in truck equipment failure accidents to recover compensation.

A horrific example of a poorly-maintained commercial truck recently occurred in the Brooklyn Borough of New York City, in which a wheel flew off a sanitation truck and killed a nearby motorist. In this particular example, Century Waste, a New Jersey company who owned the faulty commercial truck, actually failed 65 percent of the government inspections performed within the past two years. A discussion of maintenance requirements for commercial trucks, as well as some common examples of inadequate truck maintenance, will follow below.

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 Posted on November 09, 2018 in Family Law

If you and your spouse have gone through the divorce process, but are still willing to raise your child together, you will be undertaking the responsibilities of co-parenting. Co-parenting has both parents share the parenting duties of the child even after the divorce and comes with its own challenges. The parents will need to create a parenting plan. After a divorce, some people feel a need to relocate and get a fresh start in life. If you feel the need to relocate and are co-parenting your child, it will create challenges. It is important to recognize them and prepare for them before you make the decision to move.

The Distance

Obviously, the first factor that needs to be taken into account is how far away you are planning on relocating, and the different situations that will arise if you are the custodial parent or the non-custodial parent. The custodial parent is the person with whom the child spends the majority of their time. Due to the amazing technology available today, it is easier than ever to be present in someone’s life without being physically near them. However, being farther away is still going to mean that the non-custodial parent will have less overall time to spend with their child and it will be harder to negotiate how the child spends their time.

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 Posted on November 07, 2018 in Immigration

Given the capricious and very often cruel attitude of the current federal administration with regard to immigration proceedings, those who have to go through them have learned to try and be ready for anything. One of the things that will often come out of nowhere is a Request For Evidence (RFE), which can be sent at roughly any point during an application to adjust status, or while someone is in removal proceedings. Understanding what they are and what is required can be an enormous help in ensuring they are handled appropriately.

An RFE Is Not a Denial

It is critical to understand that an RFE does not mean an automatic denial - but failure to respond to one will absolutely raise the probability that your application for whichever immigration benefit will be denied. An RFE is literally a request for evidence, meaning that the immigration official currently reviewing your case would like more evidence regarding a certain part of your application, as without the information, they do not feel they can make an informed decision.

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 Posted on November 05, 2018 in Personal Injury

Escalators are a ubiquitous part of today’s life. From allowing people to get quickly and efficiently to train platforms, to traversing the various levels of airports, in many cases, escalators have replaced stairs as the preferred method of traveling between levels. However, escalators are mechanical machines with many moving parts, and, in some case, these parts do not stop moving merely because a human part gets in the way. Further, children sometimes look at escalators as a type of amusement park attraction and will attempt to “ride” the escalator, increasing the risk of an injury. When escalator accidents do happen, retaining the services of an experienced personal injury attorney can be the difference in collecting reimbursement for injuries or being forced to pay out of pocket.

Recently, a Pawtucket, Rhode Island man was killed after falling off an escalator in a mall. A witness told a news crew on the scene that the man was initially “clowning around,” riding on the rail of the escalator, and fell off, hitting his head and suffering severe head trauma.

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