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The U.S. Chamber Institute for Legal reform released its top 10 most ridiculous lawsuits of 2015.
While the suits evoke laughter, the list serves to showcase the unfortunate trend of frivolous lawsuits.
“As a society we’re too quick to sue, and issues that could be settled outside of the courtroom result in expensive and unnecessary litigation and wasted time,” Institute president Lisa Rickard said when asked about their list.
Most of the cases involve injuries, so I met with Daytona Beach personal injury attorneys Bundza & Rodriguez, P.A. to break down the validity of the list toppers. Their firm prides itself on their huge personal injury successes, collecting millions for their clients.
1. Florida Woman Sues FedEx for Tripping Over Package Left on Her Doorstep
The woman’s suit asked for monetary compensation for the “severe physical pain, mental anguish and humiliation” from tripping over the package. She blames FedEx for not properly warning her of the packages “close proximity to the door.”
This woman may have forgotten how to laugh at herself...or she’s ordered extra hot coffee every day of her life just to increase her chances of it spilling and burning her. Slip and fall lawyer, Corey Bundza, says these kinds of accidents can happen anywhere, businesses, restaurants, and private homes- interestingly enough though, this was the woman’s own private home. Typically in slip and fall suits, the “key is proving whether or not the owner was negligent in maintaining the property” but in this scenario, the attorneys would have to build a case around the delivery man’s negligence. However, he did exactly what his job entails so the woman undoubtedly faced an uphill battle.
2. Armed Bank Robber Suing For Injuries Incurred While Fleeing the Scene
Todd Kirkpatrick of Washington State sued Snohomish County for $3.6 million after being shot twice while attempting to flee police who caught him robbing a bank.
With police brutality making national headlines throughout 2015, it may not be surprising this shooting transformed into a lawsuit. However, brutality was not brought into question for this lawsuit. Simply put- if you’re going to break the law, don’t get injured in the process.
3. Woman Sues Restaurant For Being Hit by a Roll
Lambert’s Cafe is famous throughout Missouri, adoringly called “Home of the Throwed Roll”. And for a self-explanatory reason, the servers toss rolls to patrons. But one woman allegedly missed all the signs alerting guests of the roll throw and sued the restaurant for $25,000 after being hit in the eye. It’s highly unlikely she’s the first customer lacking in catching skills but she was the first “injured”.
While this woman may not be welcomed back and hated by some loyal regulars, she may have a case. This one most likely came down to her medical records to verify she was indeed injured and how specific the restaurant’s signs were.
4. Two Women Sue For Scratches and Trauma From a Gas Explosion
A deadly gas explosion in New York’s East Village leveled a building, killed two people and injured 22. Two women who lived nearby heard the explosion and walked outside to investigate, where one claimed to get “five or six scratches” and the other suffered such emotional trauma (no injuries) she had to see a psychologist costing $175 an hour. They sought $40 million.
New Yorkers were outraged by this publicized suit, starting a crowdfunding page to “raise money to buy two one-way bus tickets out of the Big Apple for the ‘heartless’’’ women. Regardless of your feelings, they may have a case depending on what caused the explosion. However, neither saw a medical doctor and when compared to two deaths and over twenty people hospitalized, the jury may not be too sympathetic.
5. PETA Sues on Behalf of a Monkey For Ownership of His “Selfies”
British photographer David Slater propped up a camera in the Indonesian jungle for a macaque monkey who went on to take “monkey selfies,” later published in Slater’s popular book “Wildlife Personalities”. PETA filed a federal lawsuit claiming the monkey, not Slater, owned the rights to the photo and all profits should go to benefiting the animal.
While no one at Bundza & Rodriguez, P.A. has experience defending monkeys, they do handle dog bite cases and note animal rights have made significant advances under the law in the past few years. However, this case is not an example of that. The judge ruled the monkey could own intellectual property rights, calling PETA’s argument a “stretch”.
The Benefit of Bail Bonds
When a person has been charged with a crime, arrested and placed in jail there is almost always the option to post a bail bond to be released. The cost associated with a bail bond can be quite expensive at ten percent of the total bail amount. However, by bailing out of jail, a defendant can obtain a more favorable sentence and spend far less time in jail. Besides the obvious benefits of bail bonds there are some hidden ones as well.
One obvious reason to bail out of jail is to not miss work days and get fired. It probably wouldn’t look good if a person had to miss work without being able to call in sick themselves. Another obvious reason to bail out is to be able to make court looking less like a criminal. Individuals that remain in custody are brought in front of the judge in an orange jump suit either hand cuffed or behind a small cage. Being able to go to court in nice clothes gives the judge a different perception. Also, while out, the defendant is free to meet or call his attorney or public defender as time permits to plan and discuss the case.
A good attorney, either private or public, will be able to save the defendant time in jail and sentence received in court if the defendant is fighting his case out of custody. Law enforcement will make arrests for crimes that can be a felony or a misdemeanor but charge the arrestee with a felony from the get go. It is the job of the District Attorney’s Office to get convictions to show that the system will not tolerate crime. So if a person is charged with a felony, the DA’s office will want to obtain a felony conviction. However, many crimes are commonly known as “wobblers”.
A crime that can be convicted as a felony or a misdemeanor is commonly referred to as a “wobbler”. Crimes that are considered “wobblers” are treated as felonies by law enforcement officers when making arrests. If a defendant is incarcerated the DA will likely seek a felony conviction on a wobbler case. If the defendant is out of custody, the DA will likely take a misdemeanor on a wobbler. Some attorneys and public defenders believe that there is a greater than 50% chance of being charged with a misdemeanor rather than a felony when a defendant is fighting a case out of custody.
A person who is in custody has little time to confer with his attorney during court proceedings and has far less time to make decisions making him almost desperate to do anything to get out of jail quicker. The DA’s office will seek a felony conviction knowing that this situation exists. When out on bail there is always a chance that the defendant will want to take his case to trial. The defendant is usually more informed because he can talk to his attorney when needed and take time to make decisions. On bail the defendant is less desperate because he is already out of jail. The DA’s office will likely take a misdemeanor conviction with a lesser sentence to save the time, energy, and resources associated with prolonged court dates and the possibility of going to trial. At times, charges can even be dropped rather than being moved from a felony to a misdemeanor.
A defendant convicted with a misdemeanor rather than a felony usually has lower fines, spends less time in jail, receives a lesser sentence, and has an option to get his record expunged at a later date. By spending money to bail out of jail a defendant potentially saves money with lower fines, gains more freedom, and obtains lesser punishment. In additionFind Article, a greater chance of charges being dropped exists when out of custody. These hidden benefits along with the obvious make bail bonds a good choice.
Times When You Will Need the Assistance of a Lawyer
There are events throughout everybody's life, when they ended up in a circumstance that requests them to look for assistance from the law. An auto collision is the most widely recognized example where the concerned gatherings will need to discover a car crash legal advisor in Alexandria, VA if the mischance spot is Alexandria, VA. They have to demonstrate under the steady gaze of the court that they are not in charge of the occurrence to keep away from punishments, for example, fine, permit cancelation, correctional facility, and the sky is the limit from there.
There are occasions in everyone’s life, when they found themselves in a situation that demands them to seek help from the law. A traffic accident is the most common instance where the concerned parties will have to find a traffic accident lawyer in Alexandria, VA if the accident place is Alexandria, VA. They need to prove before the court that they are not responsible for the incident to avoid penalties such as fine, license cancelation, jail, and more. Although there are many activities that will need someone to get assistance from a lawyer, but we will discuss a few common situations in which you might need the assistance of a lawyer.
Traffic accidents
Traffic accidents are very common all around the world. No one wants to be involved in an accident, but they are often seen on the roads due to rash driving, driving under the influence of drugs/alcohol, drowsy driving, and more. Every country has very strict rules and regulations about the traffic and if someone doesn’t follow them, then they are going to get punished for that. If you are one of the concerned parties in an accident, then you will need to look for an experienced traffic attorney in Alexandria, VA that can represent you in the court to prove that you are not responsible for the accident.
Will preparation
Yes, will preparation may sound ugly, mentally stressful, and emotionally taxing, but the fact is that it is necessary. It’s a true peace of mind because you are going to secure the future of your family and loved ones. We can’t stop death, but we can certainly try something today for the better tomorrow of our family members. Hence, you will require a lawyer for will preparation in Alexandria, VA to prepare a will today. This is one of the things that people often don’t wish to do, but it’s definitely something that needs your attention today.
Probation Violation
When someone is convicted of a particular crime, then he can get probation as an appealing alternate to the jail. But, there will be specific terms of the probation that convicted person must needs to follow. If he doesn’t follow them properly, then he will have to face stiffer penalties. However, if he feels that he hasn’t violated the terms, then he will need a lawyer that is an expert in probation violation in Alexandria, VA.
If you are in a situation that needs you to hire a lawyer, then I will recommend you to hire a lawyer that is known for its credibility and have a great experience in handling the particular case for which you are about to hire him. Before you hire a lawyer, take a look at the ration of win/lose and see if he is capable of winning more cases or not. You can also talk to their previous clients and know if they have found him professional or if they are not satisfied with his services. Actually, it is your lawyer that is going to win you the caseFind Article, so hire the best.
Free Marriage Records Public Search
Shows up the marriage documents of an individual really fast via an online archive. It helps you choose whether or not to continue the romance or not.
A divorce file is made when the married couple no longer feels the need that they have to stay together. This will make the break up legal and acceptable. This document is considered as a public report which allows the residents of a certain state to access their personal information anytime. This document is archived at the office of the Vital Records Section.
Free Marriage Records, although it is a public file, has very limited information on it. One would only find the basics of the separation. The names of the couple are one of the important information that can be found on it. Other details such as the place and date when the couple got divorced are indicated on the document. Also, the name of the one who approved of the divorce is indicated on the document.
As mentioned previously, the details are controlled to protect the individual's privacy and safety. The reason behind the separation is only visible if the one who request for the records is one of the involved parties. Decision about the child custody, asset and financial related matters remain private to keep the information from being used for any unwanted reasons.
Unlike other public dements separation and divorce records can only be acquired by a number of authorized individuals. This can be the couple involved with the separation together with their respective descendants. Those people who are doing genealogy research for legal purposes are also given access to the said file. Those not belonging to any group may still request for the record as long as they have a court order with them. Divorce documents may have been registered at some period thus it is only from the given year that files can be obtained.
The process to request for a divorce document may vary per state. Some state doesn't release copies of the said report at the Vital Records Section; this means that the record has to be requested at the local county clerk office. In addition to that, processing fee is also not the same. There is one common thing that almost all of the state hasComputer Technology Articles, which is the long wait time. It usually takes days to get the requested file from the office. The development of technology has changed the way information is being shared.
Divorce records search can now be over the Internet. This can save you a great amount of time and energy. This method has eliminated the need to go to any government offices and wait for several days since the record can be requested even at home and the results are displayed in just a few seconds. This is probably the reason why many would try to do the online search.
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