Keep your head in the Clouds

Steps In Business Formation

Forming a business is not as easy as you think it is. More than just coming up with a business name, there are still other things you need to consider. Austin business formation attorneys of Slater Pugh, Ltd, LLP will tell you that it can be an important decision in order to ensure the success of your company. There are different kinds of business that you can form and it will all boil down on your budget.

Limited Liability Company (LLC)

A limited liability company is one which has independent legal structures that is separate from its owners. In an LLC company, your personal assets are separate from your business debts. It does not put limits in the number of owners. LLC companies are not required to have annual meetings or record minutes.

Corporations

It can either be a C or an S corporation. With the former, there is an independent legal and tax structure separate from the owner and the personal assets are separate from business debts. There is no limit to the number of shareholders and they are taxed on corporate profits and shareholder dividends. S corporations, on the other hand, follow the same principles except that its shareholders must be US citizens or residents.

Partnerships

In a partnership, partners are personally liable for any lawsuit that will be filed against the company. There is no state requirement when forming a partnership. Partnerships are easy to form and operate. Taxation is based on their personal tax returns.

Sole Proprietorship

Just like in partnership, sole proprietors are personally liable for cases filed against the business. There is also no state requirement in the formation of a sole proprietorship company. They are easy to form and operate. Business owners report their share of profit and loss in the company on their personal tax returns.

Knowing how each business structure operates can help you decide on what kind of business you will form.


Regulating Unsafe Products

The United States Consumer Products Safety Commission is on the verge of recalling and confiscating hoverboards (self-balancing two-wheeled boards), with the request to hoverboard manufacturers, importers, and sellers to stop making, importing, and selling these products until they can be certified safe for public use.

The questionability of hoverboards’ safeness is ascribed to the fact that to use one, a person has to posture himself as to lean slighlty forward in order to propel the device to move it in the direction that the user wants to go to – a move that puts the user at a compromisingly unstable stance.

The danger of falling from a hoverboard cannot be discounted, which brings with it resulting injuries such as sprained ankles, broken bones, and concussions leading to brain trauma and hemorrhaging.

Independent laboratory tests commissioned by non-profit organization As You Sow showed that 35 of 50 most sought-after Easter-themed chocolate products, which include Cadbury, Gihrardelli, Mars, Godiva, Hershey’s, Lindt, and even generic brands like the chocolates from Trader Joe’s, Kroger, and Whole Foods, among others, contain lead and cadmium, whose levels are not fit for public consumption.

In a statement, As You Sow president Danielle Fugere said that even if the public cannot feel immediate effects upon eating cadmium and lead-tainted chocolates, the dangers can manifest themselves further down the road, noting, “Lead and cadmium accumulate in the body, so avoiding exposure is important, especially for children.

Attorneys at Crowe & Mulvey, LLP say on their website that sometimes, the safety of a consumer product is compromised because other contributing factors to the wholeness or marketability of the product being introduced, such as personal autonomy, performance, consumer choice, product cost, among others, are prioritized over safety goals. This is why federal government intervention over matters concerning this, and the imposition of rules governing the manufacture of products, is important.


Understanding Medical Malpractice

There continues to be a great deal of attention focused on legislation that seeks to limit non-economic awards for medical malpractice lawsuits in an attempt to reduce health care costs. Nevertheless, that is rather like closing the barn doors after the horses have fled because medical malpractice’s goal is to stimulate health professionals’ duty of care to patients not to get monetary prizes. Individuals possess the privilege to anticipate that they get the appropriate health care as located on the website of the Habush Rottier.

Take for instance the circumstance of a clinic that paid off medical malpractice statements by half by just improving their patient care program. There are no medical malpractice caps in CT, which certainly illustrates what really must be done to reduce negligence claims: patient-care that is better.

Care providers, especially medical physicians, and especially specialists have bought into the belief which they may do no wrong, and that they are Gods. Consider the case of a famous cardiologist in Fresno who made an open-heart surgical treatment before it was completed, leaving it to an assistant to complete the work. The patient went right into a vegetative state, and the doctor is currently being prosecuted for medical negligence.

Because health professionals literally have our lives in their hands, they are stringently trained and expected to adapt to your high standard of treatment. They have to be held liable for the damage they inflict on individuals who have set their extreme trust in them when they breach that duty through willful behaviour. Because medical negligence frequently results in life- death or altering injuries, it’s just right that the victims or their children obtain at least considerable financial compensation for their deficits.

If you’ve been a victim of medical malpractice and endured grievous harm because of this, financial compensation may be owed to you.


Medical Malpractice

There has been lots of attention centered on legislation that attempts to limit (cap) non-economic awards for medical malpractice suits within an attempt to lessen healthcare costs. On the other hand, which is rather like shutting the barn doors after the horses have left, as the purpose of medical malpractice is not to prompt health professionals to recognize their duty-of-care although to get financial prizes to individuals. As found on the website of Hankey Law Office, P.C., patients possess the right to anticipate that they receive proper medical care.

Consider for instance the circumstance of a Connecticut clinic that paid off medical negligence claims by half by only improving their patient-care program. There are not any medical malpractice limits in Connecticut, which certainly illustrates what truly must be done in order to reduce malpractice claims: better patient care.

Health professionals, particularly medical doctors, and especially practitioners, have bought to the belief they can do no wrong, and that they’re Gods. Consider the situation of a famed cardiologist who left an open-heart surgical treatment before it was completed, leaving a helper to complete the occupation with it. The individual went right into a vegetative condition, along with the physician is currently being sued for medical malpractice.

Healthcare professionals are stringently trained and expected to conform to a high standard of care because they actually have our lives in their own hands. They have to be held answerable for the harm they inflict on those who have set their utmost trust inside them when they violate that obligation through willful behavior. Because medical malpractice frequently ends in life- death or changing injuries, it is perfect that the victims’ children or they obtain at least sizeable financial compensation for their losses.

In case you are a victim of medical negligence and suffered injury because of this that is grievous, a fiscal settlement is minimal which is owed you. A medical malpractice lawyer may not have the ability to “make whole” what continues to be misplaced, but the victims or their survivors can help in providing you with the greatest shot at it.


Premises Liability: Swimming Pool Accidents and Injuries

All over the United States, swimming pools are staple attractions during the sweltering summer months. Many families opt to spend their free summer days by beating the heat and taking a relaxing dip in the water. Whether they choose to do so in their own backyard or in the nearby water park, swimming pools are universally understood to be among the top summer venues enjoyed by millions of Americans ever year.

Swimming pools promise an afternoon of fun and relaxation, but they can also pose certain safety risks. Accidents and injuries can eclipse the enjoyable activities that swimming pools promise its patrons. Many of these accidents often befall small children. According to a report by the U.S. Consumer Product Safety Commission or CPSC, about 5,200 swimming pool-related injuries requiring immediate medical attention for those aged 15 years old and younger were reported during the 2009 until 2011. Among the common injuries suffered by these children were drowning. As noted further down in the CSPC report, drowning is the leading cause of injuries and fatalities in young children. An annual average of 390 drowning-related fatalities was reported for the years 2007 until 2009 for those aged 14 and younger.

Other common outcomes of swimming pool accidents include serious injuries such as disembowelment, evisceration, and other conditions related to near-drowning. Injuries from slip and fall accidents are also common in swimming pool areas. Many children can slip on water in the poolside and fall to the ground. Such an accident can lead to sprains, fractures, lacerations, and even head or back injuries.

According to www.jeffsampsonlaw.com, swimming pool accidents are among the many types of premises liability cases. These accidents are recognized by the law as a result of a property owner’s negligent actions, as they are understood to be responsible of ensuring that the conditions of their premises meet proper safety standards. In some swimming pool accidents, the pool’s manufacturer and installers can also be seen as accountable for ensuring safety and maintenance.


Explosion Accident in Manufacturing Facilities

Firefighters know that gases, which expand abruptly and violently, are very likely to cause an explosion. Explosions pose many different serious threats, including heavy and extensive damage to properties, severe injuries, trauma, and death. Though the ones who get severely injured are usually those closest to the site of the blast, others, who are farther away, can also sustain serious, as well as fatal, injuries caused by hurling pieces of shattered glass or objects.

Explosions create: balls of flame; scorching heat; an ear-piercing loud noise; thick, black smoke, which can easily suffocate a person; and, shock waves with such power to knock down doors and walls, and smash glass doors and glass windows. These can also fling injurious items to various directions, as well as knock people down.

Besides trauma or shock, an explosion also causes severe harm, such as cuts or lacerations, severe burns, broken bones, fractures, lung injury, loss of limb, traumatic brain injury (TBI) and death. Some of the most common causes of explosions include bombs, leaking gas pipelines, gas or oil tankers, propane gas, gas stoves, natural gas used in boilers and furnaces, propane gas, and agricultural fertilizers which contain ammonium nitrate, a highly explosive substance. Unless an explosion in open space is totally massive, one that occurs in an enclosed space, like inside a building or a mine, will remain more intense and more dangerous.

An explosion can occur inside and damage even the home or office, where natural gas is commonly used. But the explosion that can cause huge damage of properties and loss of many lives is that which occurs in industrial factories or plants, oil rigs, or manufacturing facilities.

The May 1988 explosion of the Pepcon rocket fuel (ammonium percolate) plant in Henderson, Nevada, is one example of a very destructive explosion; it is also one of the worst explosion accidents in the US. The explosion of this manufacturing facility, where rocket fuel for the US space shuttle program was made, killed two people and injured more than 300 others; it was also felt as far as 600 miles away and left the $100 million plant totally destroyed.

Investigators believed that the explosion was caused by welders, who accidentally ignited drums of ammonium percolate, while making new storage containers. As the place was already stacked with sealed drums of ammonium percolate, chain reaction never became a remote incidence.

The website of The Law Offices of Crowe & Muvey, LLC, says that chemical or manufacturing plant explosions are accidental; however, an innocent victim, who is left with severe or disabling injuries cannot and should never be left to suffer the consequences of an accident that is a result to someone else’s carelessness or negligence. A lawsuit filed against the person liable for the accident may not be criminal in nature, it is civil, rather and, under the law, a civil lawsuit that is decided in favor of an innocent victim will allow such victim to seek and receive compensation from the person and/or company at fault.


Moving and Storing Tips for Major Appliances

Appliances are an integral part to any home. From a small toaster to the much larger refrigerator, appliances simplify life and provide a number of services to us. While these machines do more help than harm, the moving process can cause a headache for those that do not know how to properly pack and move their appliances.

Most moving companies require that all appliances be packed and ready by the time the moving truck arrives at your home. While services can be bought and paid for professional movers to pack away appliances, the process is not difficult enough to require those services. The do-it-yourself project is a project nonetheless, requiring proper care and steps to be taken when packing these belongings. If done incorrectly, appliances may break or not work correctly once they arrive at their final destination. Moving without much experience and a lack of helping hands can also take a long time.

Most appliances will have a manual to follow for packing and storing. In the case that this manual is misplaced or had previously been disposed of, company websites often will have this information. Otherwise, it is advised to unplug and clean all products well in advance of moving them. The website of Mopac Self Storage recommends packing all appliance cords in small bags and securing them with packing tape to the appliance. Attached cords should be taped directly to the appliance so that there are no objects dangling from the machine.

Some of the most common appliances require more attention to detail. For example, a refrigerator should be unplugged at least 24 hours prior to moving in order for the unit to thaw and drain of water. The shelving inside should be dissembled and secured so as not to move around and cause damage while in transit. After dismantling and securing loose wires or hoses, use tape to lock the doors and drawers of appliances.

Often, individuals will choose to store household appliances that they no longer need or want in self-storage units. The same protocol for moving appliances remains for packing and storing them in storage units. Consider a self-storage unit to keep your appliances protected and in good condition.


Oil Fields and Fatal Car Accidents

Car accidents happen all the time across the US for a variety of reasons, but it is seldom that an individual is struck by lightning twice with fatal results.

A woman in New Mexico lost her husband and two grown son within a space of 3 years to car accidents on different roads near oil fields where the drivers were not screened for drugs or alcohol. New Mexico state law only requires drug or alcohol content testing of drivers in car accidents when there is probable cause, and the roads near oil fields are known to be dangerous. There is now a petition to make car accident laws and road safety laws more stringent in the state that will hopefully reduce the number of similar incidents.

In most states, drug and alcohol content testing is mandatory in a vehicular accident which results in personal injury. The fact that an accident occurred is already considered probable cause for sobriety testing because far too many car accidents in the US are caused by drivers impaired by prescription or illegal drugs, or alcohol intake above the legal limit. However, many drunk driving laws are punitive, and do little to prevent alcohol-related accidents from happening. It also does not address the accidents caused by distracted driving (there’s no test for that) or defective vehicles or parts. That’s why it’s important to always search around for the website of a lawyer and then contact them.

On the other hand, one of the reasons that toads near oil fields have become more dangerous is mostly because the recent boom has swelled traffic considerably on roads that are not designed for it. Most of these vehicles are heavy trucks carrying hazardous materials, posing a constant danger to regular vehicles and pedestrians. Another reason is that many oil field workers are required to drive after working long shifts and fall asleep at the wheel.

It is in the interest of the state to keep these industries going, but at the very least warnings and other safety measures should be implemented to keep preventable accidents from happening.


Treating Obesity through Prescription Drugs

Belviq and Qsymia are the newest options in the list of weight-loss pills that overweight and obese individuals in the US now have access to. Both of these drugs were approved by the U.S. Food and Drug Administration (FDA) in 2012, with Belviq, particularly, as a long-term weight loss prescription therapy to go with a regular exercise and healthy diet program, and Qsymia, in combination with a reduced-calorie diet and increased physical activity, for chronic weight management.

Qsymia (formerly Qnexa), is manufactured by Vivus, Inc., a California pharmaceutical company. It is the combination of (the extended-release formulation of) Topamax or topiramate and phentermine, two existing FDA-approved drugs.

Topiramate, a migraine and anti- seizure medication, is also known to cause weight loss by making food a bit tasteless (and, therefore less appealing) while increasing both the feeling of being full and the burning of calorie. Phentermine, on the other hand, is an appetite-suppressant; it activates the release of a brain chemical which, in turn, increases blood concentrations of leptin, the appetite-regulating hormone.

The other weight loss pill, Belviq (lorcaserin hydrochloride), is produced by Arena Pharmaceuticals Inc.; it is a serotonin 2C receptor agonist, which increases levels of serotonin. While Belviq has been proven effective, its labeling suggests that people, who fail to shed off, at least, 5% of body weight after using the drug for 12 weeks, ought to stop it as further use may no longer bring about substantial results.

Qsymia and Belviq are specifically formulated for adults who may be suffering from obesity or who are overweight and also affected by a weight-related health problem, like high cholesterol, high blood pressure (hypertension), dyslipidemia and/or type II diabetes. Obesity means having a Body Mass Index or BMI of 30 or higher, while being overweight means having a BMI of 27 or higher.

While further tests to determine the real efficacy and safety (or danger) of Qsymia and Belviq still need to be carried out, reports of side-effects, with alarming frequency, are already piling up at the doors of the FDA.

One can only assume that the FDA probably considers the benefits offered by both drugs, especially the more effective Qsymia (benefits that include weight loss and the reduction of the many different risks associated with being obese), offset the possible adverse events.

Despite being new in the market, Qsymia and Belviq have already been reported as causing depression, memory loss, language problems, attention difficulties and cardiovascular damage. For their further individual effects on users, Qsymia is reported as also causing increased heart rate, vision impairment and suicidal thoughts and actions, while Belviq is being linked to risks of prolactin elevation, painful erections, hypoglycemia or low blood sugar, hematological changes, reduced heartbeat, and valvular heart disease.

Individuals with glaucoma or overactive thyroid, those who taking an antidepressant called a MAOI (Monoamine oxidase inhibitors), nursing women and those who are pregnant, and allergic to topiramate or phentermine, are discouraged from taking Qsymia.

Belviq, meantime, is strictly not recommended to individuals taking Cabergoline (Dostinex) or any other medication for valvular heart disease, as well as those taking medicine for migraine, depression, common cold, and thought, psychotic, anxiety or mood disorders. Men, whose penis is deformed, and those suffering from leukemia, multiple myeloma or sickle cell anemia, should also refrain from taking Belviq.

In his law firm’s website, Williams Kherkher clearly explains the purpose for which Qsymia and Belviq have been approved. But more importantly, he discusses the drugs’ effects and risks and the legal rights and options of those harmed by the drugs. The importance of immediately contacting a lawyer, who is knowledgeable about the issues surrounding Qsymia and Belviq, is that it can help the victim immediately file the necessary claims lawsuit for the compensation he/she may be entitled to and which he/she can also use for the necessary medical treatment resulting from the drugs’ harm.


Inadequate Security – A Cause of Injury to Cruise Ship Passengers

It is the legal obligation of a cruise line to always ensure the safety of all its passengers whether at sea or on shore, during a shore excursion, which it conducts itself or by the foreign tour company which it hires. This obligation includes informing passengers of the possible dangers or risks in the places where the tour will take them.

Shore excursions are the latest additions to a cruise experience. These major money-making activities for cruise lines are now conducted in almost every port of call, giving passengers enough time to experience the country’s or city’s life and culture through sightseeing tours, wildlife and wilderness tours, visits to museums and inland dining for a taste of the city’s best cuisine.

Leaning on the sphere of thrilling adventures, shore activities can include horseback riding, ziplining, rock-climbing, rainforest hikes, scuba dives, parasailing, jet skiing, and many others. Though a source of fun and excitement, these activities have also caused a number of passengers serious injuries that call for claims lawsuits.

Besides such specific activities, some cruise line passengers sustain injuries due to other causes, such as tender boat accidents (while the passengers are transported from the boat to the shore and vice versa), dock accidents, malfunctioning or defective equipment, motor vehicle accidents (which can happen while the passengers are in a car or tour bus en route to the place they will visit), and lack of security.

Inadequate security, specifically, has caused some passengers to be physically or sexually assaulted. Many have also lost some of their valuables, which got stolen, since the cruise line and/or the tour company did not provide enough security, which will help ensure passenger safety and which will allow them the fun they deserve.

While shore excursion agreement contracts usually contain a clause that free the tour company or the cruise line from legal responsibility, injured passengers may be able to still receive compensation for the pain and suffering the injury has caused them to experience. The Vucci Law Group’s website at http://www.thevuccilawgroup.com/practice-areas/cruise-ship-excursions/, would be a really helpful and very informative page for victims who would want to know their legal options and the necessary legal steps to take.


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