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Recent Blog Posts
House Fires Responsible for Thousands of Fatalities Every Year
Home fires are responsible for more than 90 percent of fire fatalities in this country. According to the U.S. Fire Administration, there were more than 1.3 million house fires in this country in 2011. More than 3,000 people were killed in those fires, and another 17,000 were injured. In addition to the loss of life, these fires caused a total of 1.7 billion dollars in damages.
The most common causes of house fires include:
- Cooking equipment;
- Heating equipment;
- Arson;
- Electrical wiring or equipment;
- Smoking materials;
- Clothes washer or dryer; and
- Candles.
More than 40 percent of home fires start in the kitchen. Sixteen percent of fire fatalities are a result of kitchen fires. Less than 10 percent of home fires begin in the bedroom, yet these fires result in 25 percent of fire fatalities. Living room fires are responsible for another 25 percent of fire deaths, however, only four percent of home fires begin here.
Leaky Basement And Real Estate Misrepresentation Cases Are Wisconsin Homeowners' Nightmare
Whether you are a buyer or a seller of real estate it can be a nightmare to have a home with basement leak issues. It has the potential to not only put a large dent in your budget to fix the problems, it can lead to costly civil litigation if you fail to disclose it properly and misrepresent the condition of the property. If a homeowner has basement leak issues and fails to reveal it on a real estate disclosure form, it could subject the homeowner to costly civil litigation.
What are the penalties or potential costs for failing to properly disclose property defects in Wisconsin? There are certain Wisconsin statutes that deal with consumer misrepresentation and fraudulent conduct that are relevant to these real estate misrepresentation claims.
Section 100.18, Stats., deals with the damages associated with the publishing of untrue, deceptive or misleading advertisements with the intent induce the public in any manner to enter into a contract. If a seller were to violate this statute by misrepresenting the condition of real estate in order to induce a buyer to purchase the property, the seller could be subject to paying the buyer his pecuniary losses, including costs of collection and attorney fees. §100.18 (11)(b)(2), Stats.
Premise Liability Accidents
Premise liability accidents are common lawsuits alleging personal injury in Wisconsin. Premises liability involves responsibility for injuries that arise from accidents on someone’s property. Such accidents, which may include slip and fall or trip and fall accidents (often devastating or fatal for older adults), occur in restaurants, hotels, water parks, parking lots, amusement parks, your neighbor’s house, and in a myriad of other locations.
If you are injured on another party’s premises and there is any chance you have been injured in any way, take certain steps to ensure that you preserve your claim and can recover the maximum amount available for the injuries you sustained, and contact a veteran personal injury attorney today.
What Should You Do Right after a Premises Liability Injury Occurs?
Quick Tips on the Reality of Slip and Fall Accidents
Although many Americans have voiced their opinions that there are too many reality shows on the air, the genre remains a solid staple on the airwaves. There is one particular, high-rated reality show which continually tests our societal consciousness as actors portray various scenarios that either evoke public compassion and action or blurred lines of indifference.
One of the most popular segments of this show is when an actor portrays a staged slip and fall accident in either a grocery or big box store. Although the actor is portraying a carefully crafted personal injury and ready to sue the host merchant, the show's host and his crew are privy to the fall and delight in exposing the various reactions. As the charade is exposed, we as the audience are enlightened as a large percentage of unsuspecting bystanders are quick to out the clumsy imposter but in all reality, these types of accidents can be quite serious.
Premises Liability: What Happens When Passersby Are Injured by Construction Work?
In February, a nearly 600-foot tall crane crashed onto the buildings, cars, and pedestrians in downtown Manhattan. One man, a Harvard-trained mathematician, was killed. Three others were injured. What rights do these individuals have under the law? Can they seek compensation? And just how difficult will the process be?
How Frequent Are Construction Site Injuries?
According to the U.S. Department of Transportation Federal Highway Administration, approximately 1.6 percent of all roadway crashes occur within construction work zones. Of those, approximately 0.6 percent were fatal (576 fatalities), 30 percent resulted in injury, and 69 percent caused only property damage. Most occur during active work hours (70 percent).
Passersby Have Right to Reasonable Expectations
How to Navigate the Murky Waters of Divorce - Part One
Eight Tips to Consider if You are Facing a Divorce
Going through a divorce can bring out overwhelming feelings of uncertainty and sadness. If this it is a first divorce, quite often it is the only experience the divorcee has had with the complexities of the legal system. Because divorce can involve very serious financial and emotional issues, it is important to be prepared and take it one step at a time.
The following article is the first of a four part series on "How to Navigate the Murky Waters of Divorce." This installment provides eight tips to consider if you are facing a divorce.
- Don't overreact to divorce papers - Often the language in divorce papers can seem harsh or unfeeling. It is important to remember that much of the language contained in these documents is required by law and must be included. It is imperative to keep a cool head and not argue with your spouse over "legalese.
How to Navigate the Murky Waters of Divorce - Part Two
Five Tips in Handling Child Placement and Custody
The custody and placement of children are, quite possibly, the two most emotionally wrenching issues in any divorce and often drive the progress of the case. Even if the proceedings run smoothly, the emotional repercussions can affect children for years.
What happens to your children as a result of the divorce should always be your first priority. It is paramount that they are consistently reassured that both parents love them and will be a part of their life no matter the final outcome of the legal battle. While the court may involve other experts, if handled appropriately, both parents should become the driving factor in what happens. The following article in our series on "How to Navigate the Murky Waters of Divorce" provides five tips to consider when children are involved:
- Communicate with the other parent - Regardless of what happens during the divorce, you are both still parents and as such, both responsible for the welfare of your children. Failing to communicate about the children's activities, school or medical issues is a sure fire way to create unnecessary strife.
How to Navigate the Murky Waters of Divorce - Part Three
Six Tips for Dealing with Child Support
Next to the custody and placement of children, child support is often one of the most contentious issues in a family law case. The amount of child support to be paid in most situations is determined by a complicated formula that factors in the amount of placement time allocated between the parents (generally, overnight periods) and the income of both parents. The court may also consider other factors when they have a significant impact on raising the children including, the cost of medical care coverage, child care expenses and any special needs the child may have. You can avoid many of the pitfalls common to child support disputes by considering the following six tips:
- Determine a placement schedule -This should be based on what works best for the parents and the children withoutconsidering the impact on child support.
How to Navigate the Murky Waters of Divorce - Part 4
Eight Things to Keep in Mind About Property Division
The one common element among all actions for divorce is property division. While custody and placement can involve significant emotional issues, property division issues are all financial. This is not to say that dividing the "stuff" will not evoke some very emotional responses. "You will only get my great great grandfather's pocket watch by prying it from my cold dead hands" is not an uncommon sentiment when dividing up the household property.
Property division is a very broad term but essentially it means the determination, valuation and division of the things you have collected both before and during the marriage. This can include:
- Real estate
- Retirement accounts
- Personal property
- Furniture
- Jewelry
- Family pictures
- Bank accounts
Ask Gimbel, Reilly, Guerin & Brown, LLP: Divorce vs. Separation
What is the difference between a divorce and a legal separation?
In essence, a divorce is a legal end to a marriage contract, while a legal separation involves many of the same legal proceedings as divorce, however, the two parties involved are not divorced at the end of the proceedings and are prohibited to re-marry another person. In both actions the court will order the division of marital property, decide maintenance (alimony) issues and issues involving children such as custody, placement (visitation) and child support.
A legal separation is granted by the courts when the marital relationship is deemed broken. Many people choose legal separation because of personal or religious beliefs that do not allow divorce. In cases where one person is not in favor of the divorce, the court will determine whether a judgment of legal separation or a judgment of divorce is granted.
