A story of poor construction

Posted by on Oct 4, 2017 in Real Estate Litigation

I own a new house. It’s my first house, and I’ve bought it brand new. You would think this was something to really celebrate, but I have to tell you, recent events have turned this crucial moment of adulthood into a real nightmare.

It all started with a loud bang. I heard that about a week after I finally moved into my house. When I went downstairs, I found some of the air ducts had fallen through the ceiling and landed on the floor. The mess was actually the least of my problems. When I called the next day to complain to the construction company, that’s when my trouble really began.

First, they wouldn’t return my calls. Every time I called, I was told the boss was away and would call me back within a day. That went on for a week. By then, I was worried the whole house would fall down. I contacted an appraiser from another company, and he told me much of the construction was quite shoddy. The walls were weak, the ceiling wasn’t holding up well, and there was a leak somewhere and some early signs of water damage. The whole house was crumbling. Still no word from the construction company.

When I finally got hold of someone in authority and complained (quite loudly and angrily of course), I was reprimanded over the phone and told the issues weren’t their problem. Every house they built was built with integrity, and I must have destroyed my own home somehow. When I mentioned how unlikely it was I could destroy my home in two weeks, he hung up.

Again, being offended by these people was the least of my trouble. I now have a mortgage, and I also had massive bills coming my way to repair my house top to bottom if I couldn’t get these people to come out and do it.

Finally, I got desperate and contacted some lawyers about the whole situation. With a bit of advice, I called back and threatened a lawsuit. I dropped the lawyer’s name. This finally got some results. Now, the construction guys are set to come out again tomorrow. Hopefully, they fix the home top to bottom, but I have it in the back of my mind, I may actually need to sue anyway. I just don’t know if I can trust the house’s structure if you know what I mean. I’d hate to live here two years and have the floor fall through.

I love this house. I had a small hand in designing it. But right now, I think it may be best to walk away from it if I can. I’m going back to see that lawyer to discuss my options.

My great moment has already been ruined, and I’m looking to go back to renting as soon as I can. What a tragedy.

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Taxi Service Automobile Accidents

Posted by on Aug 23, 2017 in Car Accidents

New York City is known for its over 13,000 yellow taxicabs that constantly shuttle passengers all over its five boroughs. In addition to these, there has been a recent surge in taxi services like Uber and Lyft, which employ individuals wholly unrelated to taxi companies. Inevitably, with all these new cab services on NYC roads, there are bound to be crashes and accidents. These accidents can occur between any combination of vehicles, pedestrians, bicycles, and motorcycles. In this article, we are going to explore some of the legal ramifications of taxi crashes and what they might mean for you if you find yourself in one.

Before considering ridesharing companies like Uber and Lyft, let’s take a look at traditional taxi companies. Whenever a taxicab is involved in an automobile accident, all expenses are generally covered by the taxi company’s insurance. Since the cab is owned by the company and the driver is an employee of the company, it will generally be held liable for all related costs. Uber and Lyft, since they are not traditional cab companies, have a much different business model. Drivers for these companies are considered individual contractors, not employees. Consequently, they must provide their own insurance and keep their cars maintained at their own discretion. In the case of an accident, there are three different possible cases:

  1. A driver is not on shift/doesn’t have passengers
  2. A driver is on shift and doesn’t have passengers
  3. A driver is on shift and DOES have passengers

The responses of Uber and Lyft differ for each of these scenarios. In the first scenario, if the driver is using her own car and is not accepting riders, she will bear the entire cost of any accident that occurs through her insurance. In the second scenario, the accident’s costs will typically be split between the driver and the company, with the driver bearing most of the cost and the company doling out money up to a cap, usually if there are injuries. In the third scenario, the costs are also split between the company and the driver. In the case of the driver not having appropriate insurance, the company will typically cover all of the costs. While drivers for companies like Uber are not employees and not covered by company insurance, they are nevertheless rigorously vetted and not allowed to drive unless they have correct insurance.

On a side note, there have also been instances of automobile accidents being caused by city transit vehicles like buses. In these cases, the legal responsibility of the public vehicle typically falls on the appropriate government department, like the New York City Transit Authority.

Lawyers in New York City cover automobile accidents and related injuries ranging from pedestrian accidents to whiplash to highway defects. If you find yourself involved in an automobile accident in NYC, either as a driver, passenger, pedestrian, or otherwise, you should contact an attorney to discuss your legal options.

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Possible Defenses to Drunk Driving Charges

Posted by on May 16, 2017 in Criminal Defense

Drunk driving is against the law, and there is good reason for that. Firstly, alcohol can compromise a person’s driving capability. Secondly, this compromise puts not just the driver at risk of accidents, but also the others around him.

According to the website of the Law Offices of Mark T. Lassiter, Driving While Intoxicated convictions can have life-altering consequences, such as license suspension, substantial fines, probation, and even prison time. But did you know that you can challenge DWI charges? You may reduce your penalties or dismiss the charges themselves using the right perspective in your defense.

Viability of arrest

If you have been pulled over, arrested, and detained even without probable cause, all the evidence gathered in that period may be deemed inadmissible in court. For example, if you have been stopped by an officer for a reason that doesn’t involve suspicious driving behaviors or suspicions of being drunk, there is a chance that the arrest will be considered inviable.

Viability of symptoms

You may have the symptoms of being under the influence of alcohol, but it doesn’t mean that you are, because these symptoms are not exclusive to drunk people. Some of the most commonly challenged symptoms include fatigue, lack of sleep, and redness of eyes.

Viability of tests

The website truslowlaw.com mentions that blood alcohol content has a legal limit of 0.08%. Many DWI charges revolve around the fact that the driver has blood alcohol content that is greater than this legal limit. Your blood alcohol content can be determined through tests, but these tests can be inadmissible in court if they have been wrongly administered by the arresting officers.

Viability and accuracy of tests results

There may be substantial reason to believe that the tests results are invalid, like when there is a defect in the machines involved or there is a mistake in the testing procedure. The accuracy of test results can also be questioned, as there are instances where it is wrongly influenced by food, non-impairing drugs, and medication.

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