New York's Good Samaritan Law - A Good Deed Goes Unpunished

The other day, a client was telling me a story.  While trying to describe somebody's personality, he said this:

"She's the type of person that will find fault in everything you do. If you push her off the tracks just seconds before she is about to be struck by a speeding locomotive, she'll sue you for bruising her leg and soiling her clothes."

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New York's Good Samaritan Law - A Good Deed Goes Unpunished

And that reminded me of New York's Good Samaritan law, today's topic.

Common Law: No Good Deed Goes Unpunished

Generally speaking, there is no duty to come to the aid of somebody that has been in an accident and in need of emergency medical assistance. However, not long ago, if you attempted to render medical assistance to somebody and botched the rescue, chances were you would be sued. Therefore, educated bystanders wouldn't dare attempt a rescue.

Since the common law discouraged bystanders from attempting to render medical assistance to those in need, the legislature, recognizing this result was both unacceptable and undesirable, enacted in 2000 what is generally referred to as the Good Samaritan law.

Effect of the Law

New York's Good Samaritan law carves out specific circumstances when an individual shall not be held liable for ordinary negligence in attempting to render medical assistance. Instead, they will only be held liable in cases of gross negligence.

Gross Negligence

Simply put, negligence is a failure to exercise ordinary care. Gross negligence means a failure to use even slight care, or is conduct that is so careless as to show complete disregard for the rights and safety of others.

When it Applies

The law isn't found in one centralized part, but rather integrated into various provisions of the NY Public Health Law and the NY Education Law.

Importantly, New York's Good Samaritan law is limited to medical treatment or assistance. The heart of the law is found in Pub. Health Law §3000-a, which provides in part:

Any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency outside a hospital, doctor's office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person.

Voluntary Act; No Expectation of Monetary Compensation

An important theme here is that the person act both voluntarily, and without the expectation of monetary compensation. This is significant because the protection extends to dentists (Educ. on Law §661[6]), physicians (Educ. Law §6527[2]), nurses (Educ. Law §6909[1]), physicians assistants (Educ. Law §6547) and physical therapists (Educ. Law §6737), provided they are not in a place having proper and necessary medical equipment, and are not rendering their professional or licensed services in the ordinary course of their practices.

Automated External Defibrillator (AED) and Epinephrine Auto-Injector (Epi-pen) Devices

The law is somewhat different, however, for emergency health care providers, or those persons or entities that purchase or make available Automated External Defibrillator (AED) devices, or Epinephrine Auto-Injector devices. In those cases, the emergency health care provider, person or entity, shall not be held liable for the use of that equipment if a person voluntarily and without expectation of monetary compensation renders first aid or emergency medical treatment, and shall also not be held liable for the use of defectively manufactured equipment.

However, the law expressly states it shall not limit claims against the emergency health care provider, person or entity that purchased or made available that equipment from its own negligence, gross negligence or intentional misconduct. Pub. Health Law §3000-a(2). See, also, Pub. Health Law §3000-b (Automated External Defibrillators) and Pub. Health Law §3000-c (Epinephrine Auto-Injector).

Go Ahead, Be a Hero

Once again, it is safe to play superhero, but remember to use at least ordinary care.

(NOTE: Emergency medical technicians and volunteer ambulance services are subject to more technical provisions under Pub. Health Law §3013.)

New York's Good Samaritan Law - A Good Deed Goes Unpunished

To find a personal injury lawyer, or understand more about personal injury law, go to: http://ny-personal-injury-law.blogspot.com/

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Legal Concerns? Let a CA Attorney Help You!

Every person all over the world always encounters a legal concern or problem that need to be resolved. It is usual for citizens living in California to encounter legal problems at least once in their lifetime. This is why the laws and statutes are continuously imposed and enhanced. These are meant to address all of the concerns that the citizen of a certain state or country encounter.

Most people encounter legal problems due to a situation arising from another person or a company's fault. By either negligence or malicious, wrongful act, any person would have the risk of suffering damages and losses.

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If you have been victim of an accident or deliberate and/or irresponsible act, which resulted to injuries and losses on your person and property, then you need to find an attorney with the necessary qualifications.

Legal Concerns? Let a CA Attorney Help You!

If you are a resident of California and encountered injuries in this state, then it is but wiser to find an attorney based in this state with ample experience in handling the type of accident or injuries you have sustained.

A personal injury case requires an attorney with experience on this branch of the Civil Laws. You may need advice on the best step to take and assist you with making any claims or appeals.

It would be quite a challenge to find an attorney whose best interests lay on obtaining justice for his/her client and helping to recover whatever compensations you are entitled to receive from the party that is responsible for your injuries. Nevertheless, finding one would be a reassurance that the pain and suffering you endured would at the very least, be compensated with the approximate monetary value you have lost in consequence to your injuries.

You need to contact an attorney with notable track record and adequate experience on the following legal concerns:

- Medical malpractice concerns

- Slip and fall accidents

- Animal attacks or dog bite

- Workplace or Construction accidents

- Car and other motor vehicle accidents

- Bicycle accidents

- Drowning

- Defective products effect

Furthermore, be sure to contact the necessary attorney from California that has considerable experience in the type of injury you suffered:

- Spinal Cord Injury (SCI) or Quadriplegia

- Traumatic Brain Injury (TBI) and Head injury

- Groin Injury

- Ankle Injury

- Knee Injury

Wrongful death claim or lawsuit can also be filed if ever the negligent act of another party has caused premature death with further implications on the victim's loved ones.

Make sure to engage the attorney with reasonable fee charges and is highly recommended in the legal community.

Legal Concerns? Let a CA Attorney Help You!

Learn more information about personal injury, employment law, social security disability and business law in California by consulting with a dependable CA attorney.

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GPS Tracking, Is It Legal For Surveillance?

The use of GPS tracking technology to conduct surveillance by law enforcement agencies and private citizens has been underway for many years. Private investigators have used the technology to discover cheating spouses, misuse of business equipment, insurance fraud, child custody violations and other location related issues. Many privacy advocates have screamed foul about the perceived loss of privacy through the use of this technology. Surveillance activities may or may not be legal depending on the location and type of device.

Recently the 7th Circuit of the US Court of Appeals ruled that placing a GPS tracking device on a vehicle was lawful and did not require a warrant. The federal government argued successfully that placing a device on a vehicle does not violate the 4th Amendment and is not an unreasonable search of the vehicle. The vehicle was not entered and thus was not searched. It means that all that is needed for a law enforcement or government agency to place a GPS tracking device on a vehicle is reasonable probable cause. However when it comes to a private citizens placing a GPS tracking device on a vehicle or an individual it is a much more complex issue. Many States have passed laws that restrict the use of this technology to conduct surveillance unless the device is used on a vehicle owned by the person conducting the surveillance. It is strongly recommended that you contact the office of your States Attorney General prior to conducting any GPS tracking of anyone outside your immediate family. Failure to do so could lead to severe legal consequences.

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New micro technology allows GPS tracking devices to be hidden in just about any location. This is especially true for the GPS data loggers. These recorders are placed in a vehicle or on a person for a designated period time. The device is then retrieved and downloaded in to a computer. The information then is displayed on a map showing routes traveled, time in route, at rest, speed and direction. This is a great tool to keep track of your newly licensed teen as well as making sure that your business vehicles are not being used for personal use. These GPS trackers are very hard to detect since they are both small and they do not use cell phone communication technology. Basically there are no records beyond the computers hard drive. Again this makes this type of surveillance very hard to both detect and defend against. The negative side of using a GPS data logger is that the information is history rather than in real time.

GPS Tracking, Is It Legal For Surveillance?

Real time GPS tracking devices use both GPS and cell phone technology to provide tracking information in real time. Tracking information is updated at designated time intervals to a company that provides the tracking service. As a subscriber you will log into the companies data base and your tracking information will be downloaded to your computer. Recently the GPS tracking devices have become much smaller making it much easier to hide in either a vehicle, piece of equipment or on a person. While it is illegal for cell phone companies to provide information including tracking information about a customer without a warrant the Federal Communications Act apparently does not apply to GPS tracking providers. The bottom line is that if you use a real time GPS tracking device and provider you risk that the records of your surveillance activities will be discovered.

The use of GPS tracking devices for surveillance has led many states to pass laws to protect the privacy of their citizens. Most of these laws have severe penalties attached to them. It is strongly recommended that you do a thorough job of research prior to conducting any form of electronic surveillance. GPS tracking technology is a great tool for managing both people and resources when it is legally and properly used.

GPS Tracking, Is It Legal For Surveillance?

Using a GPS tracking device to conduct surveillance is easy with the new smaller technology. New court decesions give wide latitude when it comes to using GPS tracking devices. James Kesel, MS is the Publisher of GPS Auto Tracker providing information on the latest GPS Navigation systems.

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What Does a Lis Pendens Mean in the Foreclosure Legal Process?

One of the legal terms that homeowners in foreclosure often come across is lis pendens. They may initially find out about the term when attempting to refinance their house and the mortgage broker turns them down because of this type of document filed against the property. If a lis pendens has been filed, it will show up with the county recorder as a document affecting the title.

A lis pendens does not stop or prevent foreclosure at all, as it is merely a document serving notice upon any other party that is researching the particular property affected by the document. In most cases of a homeowner behind on the mortgage payments, the lender's attorneys will file the initial foreclosure lawsuit with the court and a lis pendens will be sent to the county clerk or recorder's office to indicate that a particular property is in the process of a pending litigation.

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The term lis pendens is Latin for "lawsuit pending," and the lawsuit that it is referring to is the legal process of foreclosure. If the lender was not suing for the property to be sold for payment of the defaulted mortgage loan, this document would never be filed in the first place, as no lawsuit would be pending.

What Does a Lis Pendens Mean in the Foreclosure Legal Process?

In fact, a lis pendens specifically indicates that the property is facing foreclosure, and the document will show anyone, such as a title company or prospective foreclosure refinance lender, researching the real estate that it is involved in a lawsuit. So the lis pendens is meant to signify the foreclosure; it does nothing to prevent the foreclosure, but it does not itself affect the homeowners' ability to save their home.

The most commonly used legal mechanism that would stop foreclosure is filing bankruptcy with the court, and even this only puts the process on hold while the creditor and debtor are coming to an agreement to negotiate a settlement of the debt.

Homeowners may also wish to consider getting rid of the lis pendens affecting their home by mounting a defense against the lawsuit that has led to the foreclosure process. This is a direct defense of the litigation, though, not an extra legal process like bankruptcy that may be used to put the suit on hold.

If a lis pendens is filed with the county recorder against a piece of property, this indicates that the house is already in some stage of the foreclosure process. The homeowners are no longer in the preforeclosure stage, or merely behind in payments. At this point, foreclosure can not prevented, as it is already being pursued by the lender and its attorneys -- it must be stopped, and homeowners need to begin putting together a realistic plan and researching various ways to stop foreclosure, such as a mortgage modification, repayment plan, selling the house, or a foreclosure bailout loan.

What Does a Lis Pendens Mean in the Foreclosure Legal Process?

The ForeclosureFish.com website has been designed to assist homeowners in saving their homes from foreclosure on their own. Hundreds of pages of information, articles, and blog entries are available, describing various methods that homeowners may use to prevent foreclosure Visit the website today and begin learning how the foreclosure process works and what can be done to stop it before losing your home: http://www.foreclosurefish.com/

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Free Court Records - How You Can Quickly Find Court and Legal Records Online

Are you wondering about the court and/or criminal records of a particular person? If so, you can often find free court records online that can tell you more about a person's history. Why should you perform such a search? Well, if you are looking for childcare, checking an applicant's criminal background is an absolute necessity.

You want to make sure the person caring for your child is not a druggie, thief, alcohol abuser, sex offender or violent criminal. The same goes for anyone you are considering hiring to work for your company, or rent property from you. There's no reason to take chances, thanks to the variety of ways to check a person's court records. There is something to be said about peace of mind when it comes to these types of things.

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Although there are plenty of paid background check services out there, there are some free ones, too. At a site called Find Law you can look up various Supreme Court Cases and decisions. Then there's PACER, or Public Access to Electronic Court Records, which as tons of court records and court cases in its database. This service was free up until the past few months. Now there is a small fee for records but it's worth it as you can access Federal, Appellate, District and Bankruptcy Court records. You may also want to perform a search engine query for free court records in your local area. Many localities have their own databases where you can look up records free of charge.

Free Court Records - How You Can Quickly Find Court and Legal Records Online

If your online search for free court records comes up empty and you still do not want to payout any money, simply call your local courthouses and see if any records come up on the person in question. It may take some time, but you may very well be successful.

Of course, you may not always be able to find what you need free of charge. Sometimes, it is necessary to use a paid service such as those offered from sites like Intellius. These services are often quite affordable and detailed in their results. Sometimes you can choose which information you need which can affect the price. There are also professional databases that charge a monthly membership fee and give you access to various types of records. Another method of finding out more about a person's background is by hiring a detective, or professional private investigator. This is certainly not free, or even cheap, but is often the most effective and extensive method of discovering all the information you need about a particular person.

Free Court Records - How You Can Quickly Find Court and Legal Records Online

For more on how to find free or paid federal, local and state court records you should visit the Court Records Directory today at http://courtrecordsdirectory.com!

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The Dream Act - Immigration Law Reform in 2010?

One of the many changes President Obama has promised America is immigration law reform. Many ideas have been discussed. One of them is the DREAM Act, sponsored by Senator Lugar from Indiana and Senator Durbin from Illinois, among others. The basic idea is to allow certain illegal immigrants who were brought here by their parents at a young age and who have been educated in American schools to become permanent residents.

Under the DREAM Act, certain undocumented individuals could become legal residents. The first step in this process is for the individual to enroll in some type of higher education, such as a university, vocational school, or apprenticeship program. Another option is to enroll in the U.S. military. If certain requirements are met, this person may apply for conditional residency in the U.S. Upon receipt of an associates degree or a 2-year equivalent within six years of the initial petition, the conditional status can be changed and the individual can become a legal permanent resident of the United States.

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To be eligible for permanent residency under the DREAM Act, the individual must have entered the United States before turning 16 years of age and must have been in the United States for at least five years without interruption. The individual must also demonstrate the ability to speak English.

The Dream Act - Immigration Law Reform in 2010?

Conditional residents under the DREAM Act will be eligible for private loans to fund their education, but will not be eligible for Pell grants. Under the DREAM Act, 65,000 students could become conditional residents each year, and eventually become permanent residents and citizens if they comply with current immigration rules and regulations.

One of the ideas behind the DREAM Act is to better utilize the taxpayer dollars that are being used to educate illegal immigrant youth in public schools across the country. If these youth are willing to continue their education through additional schooling or through the military, they would be allowed to become a legal part of our society without the fear of losing their families through deportation. In addition, the DREAM Act initially only benefits those who most likely were taken across the border by their parents through no decision of their own. Many of these individuals have spent more years illegally in the United States than in their home countries.

The DREAM Act could be merged with other legislation as part of comprehensive immigration law reform in 2010. If other ideas do not receive the necessary support from members of Congress, the DREAM Act could be enacted without additional reform measures. Either way, even the proposal of such legislation gives hope to many people now living in the United States who currently have no way of becoming a legal resident.

The Dream Act - Immigration Law Reform in 2010?

Alan Culwell earned his Bachelor's degree from Purdue University and earned a Law degree from the J. Reuben Clark Law School at Brigham Young University. He practices real estate and immigration law in the Indianapolis area. For more information, visit his law firm website at http://www.avancelaw.com.

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The New FHA House Flipping Laws

The number of house flipping shows we see on cable tv today really points to the popularity of real estate flipping. House flipping can be the perfect way to grow one's investment and even earn a living. However, there are some recent changes in FHA house flipping laws which can effect how you do business.

These new laws have been created because there are also a lot of scammers out there trying to con anyone investing in flips. There are an incredible number of people out there losing their homes these days. So much so that there are now some FHA rules in effect to protect the market.

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The new FHA House Flipping Laws are pretty involved reading but here's the basic points:

The New FHA House Flipping Laws

Property sold within 90 days purchase won't be able to get financing with FHA mortgages using HUD insurance.
Those selling a property within 91 and 180 days of purchase must record the resale value if it's selling for more than the last purchase price.
If the property is selling within 91 days and 12 months of purchase, HUD may require additional documentation of the home's market value.

With these new rules from the FHA you'll have some trouble getting buyers for your house flip. It basically means that you'll need to find buyers for your house flips that aren't using FHA backed loans. These rules are also commonly referred to as 'seasoning issues'. You'd have to hold the property for at least three months, or let it season before you could sell it to a buyer with financing of this type.

There are only three exceptions to these rules. They are:

1. Selling corporate housing purchased during the relocation of an employee
2. Selling HUD owned real estate property
3. Selling a newly build house

These exceptions don't typically apply to real estate house flipping, except maybe the HUD owned property. However, there are lots of other buyers using more conventional loans to purchase property.

Why Create these Rules?
In the past few years, The US Department of Housing and Urban Development (HUD) noticed that there were quite a few homes going into foreclosure. Most of these foreclosure homes were owned by first time low income homeowners who had government backed loans from the FHA, VA or Fannie Mae. These are all loans protected by Principal Mortgage Insurance (PMI) which is provided by HUD.

When homeowners lost their homes to foreclosure, HUD ended up covering the remainder of the mortgages through their government backed insurance programs. HUD has passed these FHA house flipping rules to protect these homeowners and themselves from losing money. You can see the rule in a document called, 'Prohibition of Property Flipping in HUD's Single Family Mortgage Insurance Programs; Final Rule; 24 CFR Part 203, Doc. No. FR-4615-F-02.' You can usually get them from the government's Federal Register Site.

Advice for dealing with Seasoning:

Sell to Buyers Non-Conforming Loans. There are still a lot of other mortgages out there that don't require or use PMI. These are conventional loans made to buyers who can make large down payments and are more likely to purchase a very nice remodeled house anyway.
Document all costs and profits. Keep all of your receipts and creating a personal record of whom you paid for what and the improvements made to each property.
Lease-to-own your house flips. The FHA house flipping rules only apply to recently purchased homes. Let the buyer lease-to-own the property and you'll avoid seasoning issues entirely. Since, the homeowner won't be applying for a mortgage to pay off the property; you don't have to worry about them being denied because the property was recently purchased.

There are still plenty of ways to flip a house even with these new house flipping rules. These rules help wholesaling investors and HUD by helping buyers keep their homes when they get mortgages.

The New FHA House Flipping Laws

Colin Egbert is an experienced Real Estate Investor with plenty of short sale techniques [http://www.shortsaleinvesting.org] to aid fellow investors in their quest to succeed and make huge profits. He's the author of the ebook "Getting Started with Short Sales" providing the tools needed to start your own real estate investing business. Colin is also the CEO of Realestateinvestor.com a website dedicated to helping investors make the most of their business.

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Juvenile Criminal Records

Nowadays, gaining access to the criminal records of people is a fairly easy process. This is because firms and individuals can easily request for information from a number of sources that provide them. However, the process is not very simple when it comes to gaining access to juvenile criminal records. One reason for this is that the criminal records that are maintained by both state and federal authorities that they open to the public are records of adults. In addition to this, the laws regarding juvenile criminal cases significantly limits access to these kinds of records as a way of protecting a young person's welfare given that juvenile criminal cases are treated differently by the justice system.

How juvenile criminal cases are treated by the justice system

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The criminal process that is followed in juvenile criminal cases is not the same with the process that is followed when the accused is an adult. This is mainly because in juvenile criminal cases, the juvenile is charged with being a delinquent or engaging in delinquent behavior instead of being charged for a specific crime. In addition to this, these kinds of cases are tried in a juvenile court wherein a court judge would sentence the delinquent with the aim of rehabilitating the juvenile. Another major difference is that juveniles do not have the right to a trial by jury. However, if a juvenile is accused of committing a serious crime such as murder, the District Attorney, with the permission of the judge can try the juvenile as an adult.

Juvenile Criminal Records

What happens to their records?

As a rule, all juvenile records are supposed to be closed and confidential at the court's discretion and it is also solely dependent on the court if these records would be expunged or destroyed. However, the common practice with regard to destroying juvenile records across different states is that when the juvenile reach legal age, the court would order the records destroyed. Given this, access to these records is very limited and lawyers who may want to look at the juvenile record of an accused would have to prove that it has direct relationship with the crime that an adult person is accused of doing.

Unlike with the criminal records of adults, gaining access to juvenile criminal records can be a very difficult process. This is because of the different way juvenile cases are treated by the justice system, which is aimed at protecting the welfare of the juvenile. In addition to this, there are strict laws that also protect these records from being accessed, which also adds to the difficulty of gaining access to juvenile criminal records.

Juvenile Criminal Records

Criminal Records provides detailed information on Criminal Court Records, Criminal Records, Criminal Records Online, Criminal Records Search and more. Criminal Records is affiliated with Masters Degree In Criminal Justice.

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Free Last Will And Testament Forms

A last will or testament is a document that states the ways in which a person can arrange for the distribution of his or her property and possessions after death. Last will and testament regulates others rights over the testator's property and family after his or her death. People over the age of 18 are legally entitled to write their wills.

There are free last will and testament forms that are available in the market and also on the net. Many legal agencies or organizations provide free forms of the wills, to encourage people to make their last wills. The forms help the testator achieve his or her final wishes so that the precious wealth is transferred to the desired people.

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The forms are very beneficial, as they prevent the testator from facing any problems with legal jargon and also simplify the process of writing a will. The testator can, quickly and efficiently design his will, keeping all the desirable people in mind. The forms are generally automated documents that quickly and easily create a last will and testament. It also takes into consideration whether the person is married, has children or whether he wants to make specific gifts. A testator can mention details about how he would want the residue of his estate distributed. He may also list the number of executors, though normally one executor is sufficient. If there are two executors, they must agree on each decision to be made.

Free Last Will And Testament Forms

The free last will and testament forms are helpful for those who do not have huge estates or many beneficiaries. These forms can be easily modified according to specific requirements. It is possible to download these forms from the Internet, from websites that specialize on wills. It enables people to write wills without hiring a lawyer and can also help avoid buying an expensive pre-made testament document. Many people are using pre-made forms to create wills as they save time, legal costs and avoid having to deal with complicated legal jargon that may complicate future beneficiaries.

Free Last Will And Testament Forms

Last Will And Testament provides detailed information on last will and testament, contesting a last will and testament, free last will and testament packages, how to write a last will and testament and more. Last Will And Testament is affiliated with Probate Court.

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What Exactly is President Obama's Credit Card Debt Relief Program? Get Your Debts Erased Now

This article has been written to inform you of President Obama's credit card debt relief plan. There has been a lot of misconception about this plan and we hope to dissolve and clear up any questions that those in extreme debt have. In the beginnings of 2009, when our President was elected. Obama put forth what has been called "President Obama's credit card debt relief plan". Now, this plan is not a safe haven for all debtors, but it does give debtors the ability to erase 50-60% of their credit debt and even more. Sometimes this can be up to 70% the Obama credit card debt relief program.

Why is this possible? The answer is two fold: First, billions of dollars of funding has been put into the American Economy to help with our situation. Our President promised a major change to the US and this bill was one of the first things he did to help those who are trapped in debt. Secondly, with President Obama's credit card debt relief program, many creditors have been so called "bailed out" because of stimulus money.

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What does this mean and how does President Obama's credit card debt program benefit you as a consumer?

What Exactly is President Obama's Credit Card Debt Relief Program? Get Your Debts Erased Now

1. If you have over ,000 in unsecured debt, it can be erased by up to 60% and sometimes more.
2. You credit score will not be negatively affected by having to file bankruptcy
3. It gives you a chance to breath financially as you are able to work with companies that work within President Obama's credit card debt relief program.

Now, saying all of this, many times companies will help you once, so this means that after you debts are erased, it is important to get into a system where you only charge in emergency situations. Also, almost every company will talk with you for free to see exactly how much you can get erased.

What Exactly is President Obama's Credit Card Debt Relief Program? Get Your Debts Erased Now

Did you know you can legally erase your debts? It is now perfectly legal to Erase Credit Debt according to the new stimulus package if you have over ,000 in debt. They give out free information to help you erase your credit card debt once according to the new stimulus package.

Click Here. It takes less than 10 seconds.

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