Posts Tagged ‘Law’

American Association of Justice

Monday, September 28th, 2009

The American Association for Justice (“AAJ”) is an organization of trial lawyers whose stated Mission is “to promote a fair and effective justice system-and to support the work of attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America’s courtrooms, even when taking on the most powerful interests.” The AAJ is continuing to monitor the efforts of the Obama administration to achieve healthcare reform and to work with the administration and Congress to assure that the rights of those persons whose mission it is to protect will not be sacrificed. 

 

The attorneys of Hillyard, Wahlberg, Kudla & SLoane, LLP, all members of AAJ, and the state associated organization, the Colorado Trial Lawyers Association (“CTLA”) strongly support AAJ’s efforts to protect the rights of those injured by the negligence of others.

 

- Daniel A. Sloane

Federal Pool Safety Law

Monday, August 31st, 2009

Federal legislation took effect last December and requires all public pools and spas in places such as parks, hotels and schools to replace flat drain covers with dome-shaped covers that generate less suction force. The law was named for the 7-year-old granddaughter of former U.S. Secretary of State James Baker. She drowned in 2002 when she became trapped underwater by powerful suction from a drain in a spa.  The Virginia Graeme Baker Pool and Spa Safety Act required public Pools and Spas to be in compliance by December 19, 2008.  The Consumer Products Safety Commission has reports of 130 people who became entrapped on pool and spa drains or whose hair became entangled in the drain cover, resulting in 27 deaths. While most pool operators have made a good effort to comply with this law be aware that there are few resources available to enforce this law through inspections.  The Consumer Product Safety Commission is charged with enforcing the law, but it has only 400 employees across the nation.  Colorado and local health departments conduct pool health inspections, but don’t have the authority to do safety inspections.  Therefore, some pools may not be in compliance.

Also this law only applies to public pools and spas, therefore, precautions need to taken while children are swimming private pools.  Children need to be supervised by an adult at all times while near a pool.  Even a child that is a great swimmer can be trapped by suction from a drain in a pool or spa.  Children should be given precautions to stay away from drains at all times even if it is a drain in a pool that is believed to be in compliance.  For more information on pool safety go to www.cpsc.gov.

- Pennie Clor

Why are people defensive about filing a lawsuit?

Monday, August 24th, 2009

          My practice is representing people who have been injured by another person’s negligence.  Sometimes this involves a car accident.  Sometimes it involves medical malpractice.  My clients didn’t cause their injury.  My clients were not at fault.  Yet I repeatedly hear expressions such as “I’m not a litigious person”, “I never thought I would do anything like this”, or some other expression bordering on guilt that they are even considering retaining a lawyer to assert a claim.  I always ask them why they feel that way.  I ask them who is going to stand up for them if they do not stand up for themselves.  They always agree with me but usually can’t shake a feeling about how others are going to perceive them because they are, in fact, standing up to an insurance company.

          Why do people feel this way?  The insurance industry and the business community, with a great deal of money and propaganda, have created a picture in the media, in advertisements, and in other ways that we are a “sue happy” society.  They have been very effective in doing this.  They have distorted the truth about our judicial system and how it works.  They have successfully portrayed insurance companies and big business as the victims rather than the real victims of other’s negligence.  They have successfully portrayed anyone who stands up to them as greedy people who are looking for an easy buck.  They have successfully portrayed legitimate claims as “frivolous”.  My own profession has contributed to this by conduct by some which appears to be just what the insurance companies want the public to believe about lawyers.  The media reports on cases that involve days and weeks of testimony and evidence and summarize the entire case in 2 paragraphs that can’t begin to tell the true whole story.

          As a consequence of all this the general public looks with some disdain on lawsuits.  In my experience this is true until it happens to them or a family member.  Then the terrible consequences of being seriously injured or a loved one killed comes home.  The cold indifference of an insurance company becomes apparent.  The assumption that they will be treated fairly disappears.  Reality sets in.  They realize, if they don’t stand up for themselves or their family, nobody else is!

 

- Neil Hillyard

Premises Liability

Monday, July 27th, 2009

The law in Colorado provides remedies for people who are injured from a fall on the property of another.  Colorado statutes have set forth specific classifications of landowners and what must be proven in a court of law to be sufessful in recovering damages for your injuries.  Although the law in this area can be complex and difficult, Hillyard, Wahlberg, Kudla & Sloane, LLP has sucessfully tried and settled many cases and recovered damages on behalf of their clients who have been injured on another’s property.

- Michael Nimmo