Electronic Communications and Divorce
January 21, 2013 | Elizabeth A. SchadingAlmost everyone has gotten used to sharing most of their lives online, but it can be a bad idea during a divorce. Increasingly, text messages, emails, and social media data are winding up in front of judges as evidence. For example, the American Association of Matrimonial Lawyers reported in 2012 that 94{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} of them had seen text messages used as evidence. Often, clients don’t even realize how much they’re giving away when they use these mediums, especially social media. Remember, if you put it out there online it is fair game and often not as private as you think it is. You should also remember that you don’t always have control over what goes out there. If your friend snaps a picture of you with a big beer in your hand, posts it online, and tags you, then you often have little recourse to get it removed. Here are some examples of the types of social media evidence which could impact your divorce case, especially in custody battles : photos of alcohol and drug use; photos of your kids in inappropriate places; discussions of your new boyfriend or girlfriend; evidence that you had overnight dates while the children were staying with you; vengeful or threatening comments; activities which violate your divorce order; information…
Read MoreDefective Product – When Products Don’t Function as Planned
January 21, 2013 | Adriel B. VillarrealEvery year there are numerous cases here in Minnesota where people are injured because of a defective product. There are legal rules regarding product liability and a personal injury attorney can help you navigate them, making it easier to possibly recover damages. Who Has the Liability? The liability for a defective product can lie on many different people, depending on the source of the defect. It could be the product manufacturer who is held responsible, the manufacturer of the component parts, the wholesaler or even the store that sold the product. The law is clear that manufacturers must take reasonable precautions to ensure that their product is not defective and should not injure a consumer. Furthermore, a product is required to meet the reasonable expectations of a consumer, and when it has an unanticipated danger or defect, it no longer meets a reasonable expectation. While there are no federally mandated defective product liability laws, there are state laws and commercial statutes that these claims can be based on. These cases can be brought to court based on manufacturer negligence, liability and breach of warranty. Examples of Defective Products In product liability cases, the plaintiff must show that the product in question caused the injury due to defects. There are the three main types…
Read MoreFacing an Animal Attack – Not Just in the Wild Anymore
January 17, 2013 | Adriel B. VillarrealThese days, many people own some sort of pet whether it be a cat, dog, ferret, bunny, guinea pig – you name it and someone has it as a pet. Many animals that were previously known as wild animals are now becoming household pets. The fact of the matter is that some animals just cannot be domesticated, no matter how hard their owner tries. When this happens, there is bound to be an animal attack. Picture the Possibilities Even the most docile looking animals are prone to bite when they get scared or feel threatened. Some even bite just for the sake of biting, with no intent to do harm. After all, they are animals. You can suffer an unprovoked animal attack at almost any time. Imagine all the circumstances: walking down a Minneapolis suburb street and passing an unleashed dog, petting a cat that wandered onto your property, scratching the head of your friend’s pet rabbit, helping your neighbor catch their pet guinea pig, etc. The potential situations are really limitless. It really could happen to anyone at anytime, virtually anywhere. Maybe you even have already suffered from an animal attack. If you have, don’t waste any time in taking action. What You Can Do As soon as you are bit, scratched…
Read More