Sunday, March 30, 2014

PTB Injury Law Sweepstakes Rules


NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
The iPad Giveaway is sponsored PTBInjurylaw.com (Sponsor)This contest is governed by these official rules (Official Rules). By participating in the contest, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of the contest, as determined by Sponsor and its agents, are final in all respects. The contest is subject to all federal, state and local laws and regulations and is void where prohibited by law.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding the promotion will be directed to Sponsor, not Facebook.
ELIGIBILITY
The Contest is open to legal residents of their respective countries where not prohibited by law, who are eighteen (18) years of age or older at the time of entry who have Internet access and a valid e-mail account prior to the beginning of the Contest Period. Sponsor has the right to verify the eligibility of each entrant.
SWEEPSTAKES PERIOD
The Sweepstakes begins at April 2, 2014 10:00 AM EST and ends at when the PTB Injury Law Facebook page reaches 1,000 Likes. (Sweepstakes Period). All entries (submissions) must be received on or before the time stated during that submission period. Sponsor reserves the right to extend or shorten the contest at their sole discretion.

HOW TO ENTER
You can enter the Sweepstakes through the Sponsor Facebook Page. Entrants must Like the Facebook page from their personal page.
WINNER SELECTION
All eligible entries received during the Submission Period will gathered into a database at the end of the Submission Period. A winner will be chosen at random.
Announcement and instructions for prize will be sent to the Facebook personal pages supplied at the time of entry. Each entrant is responsible for monitoring his/her personal Facebook account for prize notification and receipt or other communications related to this sweepstakes. If a potential prize winner cannot be reached by Administrator (or Sponsor) within fifteen (15) days, using the contact information provided at the time of entry, or if the prize is returned as undeliverable, that potential prize winner shall forfeit the prize. Upon the request of the Sponsor, the potential winner may be required to return an Affidavit of Eligibility, Release and Prize Acceptance Form and IRS W-9 form. If a potential winner fails to comply with these official rules, that potential winner will be disqualified. Prizes may not be awarded if an insufficient number of eligible entries are received.
PRIZES:
Grand Prize: Apple iPad
 Maximum value is $600.
Terms and conditions may apply. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the respective prize winner. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE IS SOLELY THE RESPONSIBILITY OF THE WINNER.
ADDITIONAL LIMITATIONS
Prize is non-transferable. No substitution or cash equivalent of prizes is permitted. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the Sweepstakes, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner, or the distribution of any prize. Any attempt to damage the content or operation of this Sweepstakes is unlawful and subject to possible legal action by Sponsor. Sponsor reserves the right to terminate, suspend or amend the Sweepstakes, without notice, and for any reason, including, without limitation, if Sponsor determines that the Sweepstakes cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Sponsors control corrupt the administration, security, fairness, integrity or proper play of the Sweepstakes. In the event any tampering or unauthorized intervention may have occurred, Sponsor reserves the right to void suspect entries at issue. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives, and any telephone network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise.
INDEMNIFICATION AND LIMITATION OF LIABILITY
BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, THE FACEBOOK PLATFORM, ADMINISTRATOR, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANTS PARTICIPATION IN THE SWEEPSTAKES AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON. SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE. SPONSOR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE SWEEPSTAKES.
PUBLICITY
By participating, each entrant grants Sponsor permission to use his/her name, likeness or comments for publicity purposes without payment of additional consideration, except where prohibited by law.
SWEEPSTAKES SPONSORS
This sweepstakes is sponsored by:
PTBInjurylaw.com
1300 Veterans Memorial Hwy, Suite 320
Hauppauge, NY 11788
Any questions regarding this Sweepstakes should call our office phone number at (866) 692-0762.

Thursday, March 27, 2014

If You Were Involved In A Motor Vehicle Accident Would You Know What To Do?

Did you know there are simple steps you can take immediately following an accident that will ensure you are best protected if you find yourself in such a situation?
 
-                    Make sure that you and your passengers are ok.  This is the single most important step that you can take.  Communication is key. If anyone is injured (or in shock), you should call 911 immediately for medical assistance.

-                    Activate your hazard lights and, if possible, move your vehicle to a safe location.  Often following an accident your vehicle is left vulnerable.  It is dangerous to be stopped in the middle of a roadway with vehicles moving around you.  You are at risk for further damage from another unsuspecting vehicle.  I have represented many people injured in “double car accidents.”  If you are able to do so, you should move your vehicle to a shoulder or parking lot.

-                    If you have not already done so, call the police for assistance.  This should be done in every situation. Do not be tempted to forgo calling the police even if the other driver objects or offers to pay for the damage to your vehicle.  It is important to document the accident with the police as soon as possible. Make sure that you get a field report from the police officer before leaving the scene of the accident. People tend to change their stories after the fact.  It is good to get it straight right from the beginning.

-                    If possible, gather the names of any eyewitnesses.  Don’t rely on the police to do this.  While the police often do get the names of the witnesses, I have certainly seen situations where the police have failed to do so.  Once the witness leaves the seen without giving their information they are usually lost forever.

-                    It is also a good idea to take photographs of the damage to the vehicles and the scene of the accident.  Documenting these things can often corroborate your version of the events should a dispute arise.
 

A Final Word –

Following a motor vehicle accident, many people with minor injuries often refuse medical assistance.  This is never a good idea.  Injuries tend to get worse as time passes and the initial shock of the accident wears off.  Get checked out by a healthcare professional, even if you think that it’s, “Just sore.”  It’s better to be safe than sorry.

Tuesday, March 18, 2014

Children, Recreational Facilities And Liability Waivers; What You Need To Know


Anyone with young children understands this scenario; your child is invited to a birthday party at a trampoline park or a bounce place.  You arrive to hundreds of screaming kids running around having the times of their lives.  Your child is dying to get involved in the action.  But, before he or she is allowed to enter, a liability waiver is thrust into your face for signature.  What do you do?  You certainly don’t have time to read the fine print to see if the waiver is acceptable.  Nor do you have time to inspect the facility to see if it’s being run properly.  Furthermore, your child is not about to let you leave the place without having the meltdown of the century.  Not to mention, the parents of the birthday boy/girl will never invite your child to another function again.

So, like the large majority of parents, you succumb to the pressure and sign the waiver allowing your child to enter.  But what if your child is injured?  What if the injury is a result of a dangerous condition or lack of proper supervision at the facility?  What can you do?  Can you still recover damages on your child’s behalf? 

Liability waivers at children’s recreational facilities seem to be on the rise, but are you signing your child’s legal rights away when you sign one of these waivers?  Generally speaking, liability waivers are frowned upon in New York State.  However, if drafted properly they are enforceable if the person waiving his/her rights is an adult.    

But, when the person whose rights are being waived is a minor the case law is different.  A parent cannot sign away their child’s legal rights in New York State.  So, should your child suffer an injury due to the negligence of the facility, you can still make a claim on your child’s behalf.

You may be wondering, what is the rationale for a facility to require a liability waiver be signed if it is unenforceable?  The answer is; there are several reasons.  First, signing such a waiver may cause people to assume that they are barred from making a claim.  Second, the law can always change in the future.  Third, while the document may not be enforceable as a complete bar to a lawsuit, there may be language in the waiver that can be used to show that the parent was made aware of certain dangers and therefore is also negligent in supervising their own child. 

Ultimately, it is best not to sign a liability waiver.  I would advise my client's against signing such a document.  But if you have already executed one on behalf of your minor child and he/she was injured, you should consult with an attorney.  Your child still has the right to pursue a claim for negligence against the facility.

Wednesday, March 5, 2014

Protect Yourself From The Person That Is Most Likely To Injure You In A Car Accident; Your Spouse


For most married people, the person that they drive with most often is their spouse.  Therefore, the odds of being injured by your spouse in a motor vehicle accident are significant.  Even the best drivers have momentary lapses while driving.  Should you suffer a serious injury in such a scenario, your options for recovering necessary compensation for your financial damages may be limited.  This may be an extreme hardship to your family should you be permanently injured and unable to return to work due to an accident caused by your spouse.

There are ways to protect yourself and your spouse in such situations.  Insurance companies offer Spousal Liability coverage.  This will allow a passenger in a vehicle that is injured due to their spouse’s negligence, to make a claim against their own insurance policy.  The insurance companies offer these coverage’s at extremely reasonable rates.  For less then a few hundred dollars a year you can protect yourself and your spouse from the financial devastation of a serious accidental injury.

While the idea of making a claim against your spouse seems distasteful, your alternatives may be much harsher.  Further, your insurance company is happy to provide the coverage for just such an occasion.  I highly recommend this coverage to all my clients.  I have seen far too many people suffer serious accidental injuries in a car accident caused by a spouse, left with no financial compensation.

Should you have any questions with respect to your automobile insurance coverages, please feel free to contact me at my office and I'd be happy to review them for you at no charge.