Labor Issue: Avoiding Whistleblower Claims

For an employee, whistle-blowing or exposing a company’s unlawful acts or violations seems like an honorable thing to do. After all, a whistleblower is only exercising his right to refuse to partake in any illegal activity, while laying his job on the line. However, whistle-blowing can also have negative effects, both on the whistleblower and the company as a whole.

Obviously the company will be heavily scrutinized because of the employee’s expose. It may lose loyal and potential clients, as well as business partners, which may lead to its downfall. The employee, meanwhile, may experience unfair or unpleasant treatment from his co-employees or even to the employer himself. Such reaction from others can be considered as retaliation, which is unlawful under the labor law Los Angeles, as well as in other states.

Retaliation claims may also arise because of this, which can result to bigger problems for the company. To avoid both retaliation and whistleblower claims, it is important for the company to eliminate the underlying improper conduct that gives rise to retaliation against whistleblower status. 

1. Create a catch-all ethics policy for the company: The policy should state that the company will comply with the legal duties it has. The policy should also have a complaint reporting procedure to encourage employees into reporting any misconduct and to provide information regarding disciplinary consequences for employees who would not comply.
2. Even if the reporting procedure is included on the ethics policy, there still has to have a stand-alone complaint reporting procedure that will include reporting outlets at various levels.
3. All employees should be trained regarding the content of the policy, as well as the applicable employment laws about whistle-blowing and other statutes or regulations applicable to the company. Emphasize the legal duties of the employer and the consequences of not fulfilling those duties.
4. Have a special training for the management team. Train the supervisors and managers occasionally regarding employment laws and the ethics policy. Train them to recognize whistleblower activities and how they should respond to those activities.
5. Know how to respond to whistleblower complaints. Learn how to recognize, investigate, document the investigation, and remediate the complaint. Don’t forget to communicate with the complainant, to plan how to move forward with the complaint, and to follow the policy and laws of whistle-blowing and retaliation complaints.
6. Even the smallest complaint regarding retaliation should not be ignored. It should be investigated as soon as possible. If the complaint is directed to the employer, it should be investigated by someone else.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.  

How to Find a Car Accident Lawyer in Los Angeles, California

Nowadays, searching for a car accident lawyer in Los Angeles, California is easy through available internet law firm directories.

However, using conventional ways in finding a good Personal Injury lawyer still has its time-tested benefits.

Here are some methods that you can apply in locating a reliable and effective lawyer in Los Angeles, California:

1. Ask your community organization for reference. Inquire officers in your community on good standing lawyers who have successfully litigated Personal Injury cases. Solicit feedback, write them down, and carefully weigh the pros and cons of hiring a prospective PI lawyer.

2. Seek referrals from family, friends, and relatives. Ask your inner circle on a trustworthy PI lawyer that can help you file the lawsuit. Solicit feedback. Verify the information by conducting background check. Screen candidates carefully and if possible, set a personal meeting with your prospective lawyer.

3. Browse through law firm directories in the internet. You can search the available database online and compare level of expertise of each candidate. You will have to narrow down your search to Los Angeles, indicating the specific type of accident. Compare results and rate candidates accordingly.

 You may have to consider the following qualities:

a.    Expertise in the field

b.    Professional conduct and reputation

c.    Communication skills

You may also need to consider proximity of the law firm office to your residence. Solicit feedback from former clients and conduct a background check to verify the information you have solicited.

4. Ask the Los Angeles city librarian. Request for an updated list of practicing Personal Injury lawyers in Los Angeles and browse through each candidate.

You may also browse through law journals and track lawyers who have written expert articles on Personal Injury topics. Search for the contact number and set a personal meeting.

5. Ask University law professors for referrals. Visit a reputable university and solicit information from respected law professors. Solicit feedback and comments.

You can also ask the academic law organizations for information on most published law practitioner in Personal Injury field.

6. Consider peers of a busy PI lawyer. If you have spotted an expert PI lawyer, yet he has already committed into a number of cases and activities; ask for referral within his peers. Conduct a background check and set a personal meeting to verify the information you have received.

You may need to consider how well your prospective lawyer can beat deadlines and produce evidence for the case. Remember, your choice of a Los Angeles personal injury lawyer will determine how successful your case will be.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Reviewing Your Employment Contract

Contracts are essential documents needed when two or more people negotiate for a deal or make a binding agreement. It can be oral or written, implied or express, or legally enforceable or not. Whatever type of contract the parties involved have reached, the important thing is that every one of them will fulfill the provisions of the contract.

One of the common instances wherein a contract is required is during employment. An employment contract is made when a person (employee) agrees to work for another (employer). The employment contract is where the rights and obligations of both parties are enumerated, and is considered legally binding.

But before one can enter into an employment contract, the following information about employment contracts should be taken into account:

• Both employer and employee agree on the contract’s terms and conditions.
• The employee, when negotiating the terms and conditions with the employer, should set out those that he believes are important like wage, work place, work hours, duties, etc.
• Employment contracts can be amended if both parties agree.

For employees, before entering into a contract and start work, they should first review the contract’s terms, conditions, and other information. You may consult a Los Angeles employment contract lawyer if you want to make sure that the terms did not violate any laws. Check if the following information is correct or incorrect.

• Your name and contact details, as well as the position employed and date of employment.
• Review your responsibilities and clarify any vague details with the employer.
• Check if the salary and benefits indicated are exactly what were agreed upon during negotiation.

Here are some steps in reviewing the contract:

• Ask for a copy ahead of time so you can take your time reading through it. Understand every aspect of the contract and ask the Human Resources if you have any questions, especially if there are terms that are unclear to you.
• To have a concrete idea about the terms of employment contract, it may be helpful to think of a particular scenario that can possibly happen during the course of employment and ask your supervisor about it.
• Ask current employees if they had any particular issues with their contract.

It is important for you to understand the provisions in the contract before agreeing and signing it. The document is legally binding, therefore if you fail to fulfill one of its stipulations, you may face legal actions. However, this also goes for your employer.

Get the help of a skilled Los Angeles employment lawyer if any violations on the employment contract were made.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

How to Prevent Sexual Harassment in the Office

The Civil Rights Act Title VII provides protection for employees against acts of sexual harassment. Employers are mandated to provide a workplace that is safe and free from all types of gender discrimination.

Employees can file a sexual harassment complaint against co- workers/managers/employer to Equal Employment Opportunity Commission (EEOC).

Definition of sexual harassment

Sexual harassment is any unwelcome sexual advance that creates a hostile work environment, affecting the work performance of an employee. A sexually suggestive action or behavior that is offensive to the person is considered as sexual harassment.

Examples of sexual harassment in the workplace:

1. A manager repetitively requests for sexual favors in exchange for the employee's promotion/ raise/ security of employment.

2. A supervisor repetitively makes sexual innuendos, creating a hostile work environment

3. An employee repetitively makes demeaning comments on an employee's private parts

4. An employee touches or fondles a co-worker's private part against his/her will

5. Showing off nude pictures that offends a married employee

6. Assaults or sexist remarks on an employee

A sexual harassment complaint can be filed against a male or female co-worker, supervisor, or employer. Even male employees can file sexual harassment suit against female co-workers or managers.

However, most sexual harassment lawsuits are filed by women workers against their male superiors.

Sexual harassment can be prevented in the workplace. Proper training and implementation of discipline in the workplace can halt litigation. Here are some guidelines to consider in maintaining a sexual harassment-free workplace:

1. Implement a consistent anti-sexual harassment policy. Have the employees sign an update on the anti-sexual harassment policies of the company. Post the updated policy on the official bulletin board and make it accessible to all employees. State clearly the examples of sexual harassment actions and the penalties for such offense.

2. Conduct an annual or bi-annual training for employees. The training should include company policy on anti-sexual harassment, professional conduct in the workplace, and grievance process for complaints.

3. Train managers and supervisors on how to deal with sexual harassment complaints. Addressing a sexual harassment complaint promptly and effectively can prevent litigation. Managers and supervisors should also be well informed on sexual harassment law prohibition and its corresponding penalties. 

4. Install security cameras on office places. Monitor consistently work stations and inform employees that all office areas are screened. However, privacy rights can apply on places such as comfort rooms and dressing rooms.

Consult your Los Angeles employment lawyer to learn more on sexual harassment laws.
 

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Labor and Employment: Steps in Making an Employee Manual

An employee manual serves as a guide for both the employee and employer. More than the policies and provisions of the company, it should also include state and federal regulations regarding employment. The creation of employment manual should be handled with care as it concerns legal obligations. Along with these steps, having employment lawyers Los Angeles review the manual should also be considered when making or redoing an employee handbook.

1. Establish the purpose of the employee manual. Will it provide answers to every question about employment that the employees want to know, or will it serve merely as a “framework,” addressing major points but leaving out some of the details, which is better if the company has a large workforce? The latter type is good when it comes to employer-employee communication since this will prompt employees to approach the human resources instead.
2. Build a committee for this project. Choose the people who would make up the committee wisely. A representative from each area of human resources should be a part in making an employee manual, including those who are specialists in benefits, payroll, training, and recruitment.
3. Each member of the committee from the HR should handle a specific portion of the manual, preferably based on their specialty. Schedule meetings for discussions and deadline for drafts. Make sure that all of the members have input during discussions.
4. Ask for the support of the company’s officials in this project. Explain to them the why a new employment manual is needed and the advantages that the company can get from it, especially if it includes some changes in the company’s standard operating procedures. Any changes in SOPs that affects the full workforce have to be supported by the company’s heads.
5. Let the employees know beforehand if there are changes in the manual that should be expected. This will help them understand and cope with the changes immediately.
6. Schedule the launch of the new manual as well. It’s a great idea to present the new employee manual along with the creation of other HR policies, if there are any. That way, the new policies can be included on the new manual too.
7. Once the manual is finalized, share it with the company’s executive board and have them evaluate it. The employment manual can only be distributed if the committee and heads approve the final version. It is better to give the manual during a staff meeting so that the employees have time to review and ask questions regarding the changes.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Employment and Labor: Preventing Retaliation

Disagreements among employees are common in the workplace especially if their opinions in work clash. However, some employees, and even the employers, resort to retaliation in extreme cases, which should not be the case. 

Retaliation creates unpleasant atmosphere in the workplace and can even affect the performance of the employee being retaliated. Worse, this may lead to claims, which can be avoided by the employer through a number of ways.

• The most important way is to understand the law that prohibits retaliation. Federal and state laws may differ in terms, but it is important for employers and employees to know all of them. This is the easiest way to avoid doing what is forbidden.

• The employer should establish or adopt a policy against retaliation or other misconducts that may lead to it (e.g. harassment or discrimination). It should define what retaliation is and underscore its zero tolerance policy. Procedures for filing a complaint should also be included.

• Communicate with the employees to let them know that their retaliation complaint is taken seriously. Ask them about the hostile or negative conduct that happened. Don’t forget to thank the employee for his information to know that the complaint was well-received.

• If possible, have a constant communication with the employees about the work environment to identify early on if retaliation could possibly be happening.

• Keep reports of retaliation confidential. Tell only the people who absolutely need to know about it, but explain to them that retaliation would not be tolerated. The fewer the people who know about it, the lesser the chance of retaliation could happen.

• Have an effective and unbiased complaint procedure and an early warning system. An employee who files a retaliation complaint expects quick action, but employers have to assure that there’s a procedure that can help resolve the problem. Explain any delays that may happen as well.

• Everything that can be used as evidence on the claim should be put in writing and documented. The complaint itself, conversations with concerned employees, actions taken to resolve the incident, letters or memos sent to the people involved, and even evaluation documents should all be kept.

• Supervisors, managers, and all human resources personnel should be trained on how to be aware about the presence of hostility in the workplace. They should also know how to handle retaliation and other claims.

• There should be a sufficient time period between the claim and any disciplinary actions that the employer want to impose.

• Consult your Los Angeles employment lawyer and have them evaluate the company policy created or have them review any of the complaints.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Personal Injury: Issues on Product Liability Law

Individuals, groups, and all entities have a “duty of care” to other individuals, groups, or entities. This means that everyone has an obligation to act in a proper manner so as not to cause danger or injury to another. Failure to do so may entail a legal obligation, especially if negligence is involved.

Product Liability Law

Manufacturers of different goods and services also have this duty of care, mainly directed to their consumers. Their failure to abide by this standard may result to Product Liability claims. Product liability states that under tort law and terms of contract, the producer of the goods are liable for any injury suffered by their consumers.

The legal basis for product liability may be negligence, strict liability, or breach of warranty. Although in general, product liability is considered as strict liability as well, because the wrong lies on the defectiveness of the product, not on the manufacturer’s neglect. Therefore, whether or not the manufacturer was careful is irrelevant, since it was the defect that caused harm.

In order to have a valid product liability case, three elements must be present: First, the product that caused harm must have a defect. Second, the defect existed when the product left the manufacturer’s control. Lastly, the defect posed risks and eventually caused injury to the consumer.

Defective Products and Liability

Recent recalls of vehicles made people associate defective products just with cars. However, a defect can be present in virtually any manufactured product. Aside from defective car parts, children’s toys, appliances, electronic gadgets, and even medicines can have flaws, which can be manufacturing, design, or marketing-related.

A product liability claim can be filed against every person or entity involved in the production of the flawed product. Personal injury liability may be directed at the manufacturer, distributor, assembler, supplier of raw materials, and even the retailer or the store that sold the product.

Avoiding Product Liability Claims

Even if the defect on the product is present, consumers and retailers can do something to avoid facing a product liability lawsuit. The easiest way is to regularly check news from the Consumer Product Safety Commission about any recent product recalls. The following information regarding the product should be noted.

•        brand name

•        hazards

•        location of manufacturer

•        manufacturing company

•        product description

•        recall dates

•        type

•        Universal Product Code, if available

Plaintiffs can recover damages for medical expenses, hospital bills, lost wages, pain and suffering, and other expenses if their product liability claims are successful.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

FAQs on Uninsured Motorist Coverage

What is Uninsured Motorist coverage or clause?

Uninsured motorist coverage or clause is a term in a car insurance policy which gives right to a policy holder to receive damages from the uninsured and negligent driver who caused the accident. 

The insurance company will pay the remaining amount left of the damages that the uninsured driver cannot pay. UM coverage usually pays for the injured person’s medical bills, lost wages, pain and suffering, and loss of earning capacity.

Who is covered by UM?

The covered individual depends on what the definition of “insured” is on the policy. Usually, there are three classes of people that UM coverage protects:

• Class 1 – The insurance holder himself and the family members.
• Class 2 – Other authorized car occupants.
• Class 3 – People related to the insured that were also injured on the accident with the uninsured driver.

The people who fall on each class may also depend on state laws.

Is UM required?

In states like Illinois, Maryland, and New York, the purchase of UM is mandatory; in most states however, it is not. The limit for UM payments must conform to the state minimum, but it should not exceed the insured person’s liability limits. A policy holder should not try to settle payment with the uninsured driver, unless he prefers not to file a claim for UM protection.

Who are uninsured motorists?

Like the people protected by UM, there are also three categories for motorists who are considered uninsured:

1. People who are protected by liability coverage for the vehicle they are driving.
2. Hit and run drivers are considered uninsured under its provisions since they left the scene of the accident without providing information about themselves to the other party involved. However, if someone can identify them through a license plate, the insurance company may see this as sufficient information, which can lead to denial of UM claim.
3. The third category, which only applies in some states, is called an underinsured motorist. An underinsured driver has liability coverage for his vehicle, but its dollar amount is less than the dollar amount of the victim's UM coverage.

Does UM insurance only apply when the other driver has no insurance?

UM insurance can also be used in other situations; most common is when an insured person drives out of his state, and into another state that has lower limits for UM payments. If the insured driver meets an accident on that state, the law will try to force the policy from the state the driver is from to meet the minimum limit of the state where the accident happened.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

What are the Common California Labor Law Violations

California Labor law protects employees against employer violations. It specifies labor rights of employees and mandates employers to comply with the regulations.

Here are some of the most common California labor law violations:

1. Some employers misclassify workers as "exempt" to avoid giving overtime pay. The employer will give job titles as of an exempt employee even though actual job duties reflect more of a non-exempt. Employees can contest such misclassification and assert overtime pay.

Technical writers, salesmen, and workers who are on field-based work are often victims of misclassification.

 

Only professions which require key leadership roles and managerial duties (with at least two subordinates) can be classified as "exempt". 

Employees are entitled to a one and half times of usual rate for every hour worked in excess of eight hours a day or 40 hours per week. Also, employees are entitled to double pay for hours worked beyond 12 hours in a day. Employers are mandated to give double pay to employees who have worked beyond eight hours on the seventh consecutive day.

Employers are also mandated to give accurate wage rate as basis for computing the overtime hours. Employees can file a wage claim within three years from the date of employer violation.

2. Employees who are asked to continue work duties while having meal break. Employers are required by California labor law to provide undisrupted meal break. Employers who ask their workers to answer phone calls or perform related tasks while having their meal break are required to pay an hour's wage rate.

However, employees can choose to waive such right for a particular time.

Employees are entitled to a 30-minute meal break for every five hours of work. The employee can waive such right, if he/she has to render six hours of work only.

When the employee has to work for ten hours, he/she is entitled to two 30-minute meal break.

3. Employers refuse or fail to provide rest break. Some employers discourage rest break, which deprive employees from having a rest break. Such action constitutes a violation of California labor law.

Employees are entitled to a 10-minute rest period for every four hours of work. Though employees are not required to take rest break, employers can be penalized for discouraging entitlement to such right. Employers can face a penalty of an hour's wage for any day of violation.

Consult your Los Angeles employment lawyer to help you file a wage claim.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Military Leave under FMLA

The Family Medical Leave Act (FMLA) is a federal law that entitles qualified employees to reasonable unpaid leaves due to certain family and medical reasons. Under FMLA California, leaves can be taken in order to take care of a sick or injured family member, especially those who were active in military duties.

Eligibility

The FMLA covers all public agencies that have more than 50 employees who work for 20 or more workweeks in the current or preceding calendar year. These public agencies include state, local and federal employers, schools, private-sector employers, joint employers, and successors of covered employers. The eligible employee must have worked for at least a year or 1,250 hours in the current covered employer.

Military Leave Entitlements

• Military Caregiver Leave: A qualified employee who is the spouse, child, parent, or next of kin of a covered service member with a serious injury is given non-consecutive 26 weeks of unpaid leave during a single 12-month period. This leave is given to take care of the service member who has incurred a serious injury or illness in the line of duty which left him medically unfit to perform his tasks. The service member should be a current member of the Armed Forces, National Guard, or Reserves who is undergoing medical treatment, recovery, or therapy. He should be in outpatient status or on the temporary disability retired list. The single 12-month period will begin on the day the employee takes a leave for this reason and will end after 12 months regardless of the 12-month period established for other FMLA leaves. The remaining leaves may be used for other FMLA-qualifying reason, other than for the care of a service member.

• Qualifying Exigency Leave: Twelve weeks of unpaid leave during a normal 12-month period is given to eligible employees for qualifying exigencies, or if the employee’s spouse, child, or parent is out on duty, or has been ordered or called for duty to support a contingency operation. This is available to an employee who is a family of someone who is a member of the National Guard or Reserves. Family members of the Regular Armed Forces are not entitled for this leave.

In case of spouses who are employed by the same employer, the leaves will total to 26 workweeks in a “single 12-month period.” Valid reasons include care for the injured service member, birth and care of a newborn child, placement of a child for adoption or foster care, and care for a parent with serious illness. 

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Vehicle Safety and Defects: Are Segways Dangerous?

Segway Inc. has been struggling lately to expand their brand after first hitting the market in 2003.

However, aside from its steep price, there are also some questions about the safety of the personal transporter.

These safety questions became more glaring after the owner of Segway Inc., 62-year-old James Heselden,   was killed in a Segway accident in late September.

According to reports, Heselden was killed when he fell off a 30-foot cliff while riding his segway.

So the question remains, are Segways safe?

Well, the first key to understanding the Segway is to understand how it works.

Segways run through a design system that combines stabilization technology and propulsion mechanisms with an intelligent network of control systems..This allows the personal transporter to expertly adjust to the terrain while keeping the rider balanced in the platform.

However, as with any new and complicated technologies, a few major glitches have been discovered that could harm its riders.

Some of the safety concerns related to the Segway include:

• Software glitches
• Sudden acceleration
• Unintentional sudden stop
• Difficulty in controls.

In fact, two product recalls of Segway transporters due to two of the above defects have already been done.

The first one happened in 2003, shortly after the personal transporter was launched in the market. The recall was made due to complaints that the Segway suddenly stops once the transporter runs out of battery. This caused people to suddenly fall off from the personal transporter.

The second recall was made in 2006, where a software glitch caused the personal transporter to move in high speeds after the rider tried to move backwards. Again, this defect caused a lot of Segway fall accidents.

Due to these safety issues, Segway Inc. released some safety tips that can help you avoid these crashes.

This includes:

• Taking the 15-25 minute training given by the retailer to familiarize yourself with the transporter in a controlled environment.
• If you have mobility issues then it is recommended that you do not ride a Segway.
• You have to be 16 and above to ride a Segway; riders below 18 needs to be monitored by a parent or guardian.
• Be aware of the speed limiter
• Discontinue riding once you get a low battery alert
• Avoid aggressive riding

If you have been injured in a Segway accident, consult with an aggressive los angeles personal injury attorney to know your legal options.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Assuring Baby’s Safety in a Drop-Side Crib

Last June, the U.S. Consumer Product Safety Commission (CPSC) announced the voluntary recall by seven manufacturers of around two million cribs due to drop-side hazards and other dangers. The recalling firms provided consumers with free repair kits, which are actually drop-side crib immobilization kits that will prevent the drop-side from detaching. Covered by the recall are the units manufactured between 2000 and 2009 by the following companies:

• Child Craft
• Delta Enterprise Corp. of New York, NY
• Evenflo of Miamisburg, OH
• Jardine Enterprises of Taipei, Taiwan
• LaJobi of Cranbury, NJ
• Million Dollar Baby of Montebello, CA
• Simmons Juvenile Products Inc. of New London, WI

Aside from the immobilization kits, replacement hardware and assembly instructions for cribs will also be added. These materials should be requested by the consumer. However, the immobilization devices are not the solution for cribs with damaged drop-side hardware.

Many cribs, especially those with drop-sides, have been recalled over the past five years. However, it seems that the problem still persists. In October 2010 alone, a lot of cribs by different manufacturing companies have been recalled.

• Victory Land Heritage Collection 3-in-1 cribs, Ethan Allen drop-side cribs, and Angel Line Longwood Forest cribs: The drop side can malfunction, detach or fail. This causes a gap between the side and mattress which can entrap, strangle or suffocate the baby.
• Alexander Designs drop-side cribs, 3-in-1 Crib, Classic Crib, and Sleigh Crib: The company’s cribs sold at JC Penney were recalled because the drop-side hardware break or fail, causing the drop side to detach from the crib. This creates a gap where a baby can be entrapped or wedged.

In order to avoid the inconvenience brought by recalls, there are some ways parents can verify the safety of their chosen crib according to CPSC.

• Determine first if the crib has been recalled before or not.
• Look for the safety certification seal.
• Mattress support is securely attached to both headboard and footboard.
• The corner posts are 1 and 1/6 inch high.
• The drop-side latches cannot easily be released by the baby. It should be held and raised securely on the side.
• The mattress fits just right. The space between the edge of the mattress and the side of the crib is at least two-fingers wide.
• The slats must be placed at least 2 to 3/8 inches apart.
• There are no missing, loose, or cracked slats.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Wrongful Death Legal issues on Physician-Patient Privilege

States generally implement Physician-Patient privilege on wrongful death cases to maintain confidentiality about the patient's medical records. The physician can only disclose it, if he/she has a written consent from the patient. This medical privacy poses some concerns in litigating a wrongful death case, involving medical malpractice. 

When the patient dies, the surviving family member can have a hard time retrieving the medical records from the attending physician. 

However, some states implement exception to the physician-patient privilege rule. These states allow the surviving family members and the decedent's lawyer to obtain the medical records. 

These medical records are crucial in serving as an evidence for a potential medical malpractice wrongful death charge. 

Because of the value of such medical information in proving the negligent act of the physician, some states implement these rules:

1. The medical records can only be disclosed to a doctor or hospital representative. The decedent's lawyer cannot access such files. Legal issues arise on disclosing such medical information when the lawsuit has been filed in court. 
2. In some states, surviving family members and the lawyer can retrieve the medical records when the decedent has given a written consent for such disclosure. The permission must have been given during a personal injury litigation, or before the actual death. 

When the surviving family members (distributees) and the lawyer have a written consent to medical information, such right can be carried on to the wrongful death suit. 

For example: The head of the family suffered serious injuries in a car accident. He/she gave a written permission to the lawyer to retrieve medical records as evidence for the personal injury case. If the head of the family dies, the lawyer can use such permission to retrieve additional medical information as evidence for the wrongful death case.

The distributees can assert damages for the death of a loved one. Such damages are often referred to as pecuniary loss. It includes loss of consortium, loss prospect of future inheritance, infliction of emotional distress, and medical and funeral expenses.

The plaintiff will have to prove that the physician made a negligent act, causing the death of the person. The medical records can be used to prove such allegation. The plaintiff can also hire expert witnesses to substantiate the case. 

The plaintiff has a maximum of three years to file the medical malpractice wrongful death lawsuit. If the plaintiff has found the evidence after the time limit, the “discovery rule” can be used to assert exception. Discovery rule states that the statute of limitation time starts only upon the detection of evidence. 

Consult with a Wrongful death attorney in Los Angeles to help you file the lawsuit. 

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.