Information About Negligent Supervision Laws and Personal Injury Claims

unduhan (85)In personal injury cases, if a person or child is injured under the care of another, there might be claims of negligent supervision. Negligent supervision is a term that refers to the act of failing to responsibly watch over or take care of a child, person, or group of people. The most common victims of negligent supervision injuries and accidents are children and elderly, but really anyone can sustain a personal injury resulting from negligent supervision. Continue reading to learn more about negligent supervision claims, and who to call if you believe you or a loved one might have recently endured personal injuries as a result of this kind of carelessness.

The Law

When we hire a service or person to watch over, babysit, or care for a loved one, we don’t anticipate that something will go wrong, or that a loved one will be injured while under appointed care. Fortunately, the law does anticipate this scenario, which is why there are laws in place that protect individuals and families from such misfortunes. In the case that someone with a legal obligation to supervise your child or loved one fails to do so responsibly, like a babysitter or nursing home, they can be held liable for a victim’s injuries and damages. The law allows victims, or families of victims, to pursue a negligent supervision claim against the guilty party.

In the Case of Children

Most negligent supervision claims concern children. When it comes negligent supervision of children, there are two chief scenarios in which a claim would be considered valid. First, if someone legally obligated to watch a child and fails to do so, resulting in injury to the child, a claim might be valid. Also, if that person fails to responsibly supervise a child, and that child causes damage to itself, the home, or the property as a result, a claim is most likely valid. Common places for cases like this to arise are daycare facilities, youth camps, school, church, or a person’s home. Everyone from coaches and teachers, to babysitters, nannies, and more can be a negligent supervisor.

Elderly Cases

Cases involving the elderly and negligent supervision are tricky because if it happens in a nursing home, it is also a nursing home neglect case. In this same case, a thirdparty lawsuit might be necessary. Aside from nursing homes, there are several other instances when an elderly individual can become a victim of negligent supervision. Just like a child, if a person is appointed to take care of or watch over a senior citizen, and fails to do so responsibly, they can be held liable for the elderly’s injuries and subsequent damages.

Employees

As mentioned earlier, anyone aside from children and elderly can be victims as well. For example, employers have a responsibility to supervise their staffs and ensure everyone is practicing safe and healthy work ethic. If an employee is sexually assaulted by another during a time that these employees should have been supervised, the employer can be held liable for the victim’s damages and traumas. This also includes violent acts, threats, bullying, discrimination, and more.

Real Estate Law in Romania

images (40)If you are looking to buy a holiday or second home or invest in Romania, Transylvania or at the Black Sea and you are a foreign citizen/investor, there are few aspects you should know about the procedure an the costs for the acquisition of Romanian land or Romanian houses.

After 2012, foreign citizens EU citizens (non-Romanian) may purchase a home or apartment in Romania may freely buy and sell any Romanian property, without restrictions. Along with the sell price for the property, buying real estate in Romania has other costs associated with it.

If you have chosen to collaborate with a Romanian real estate agent/ broker you can expect to have an additional commission of approximately  of the price of the property. The local tax will be of the price of the property. The signing of a contract must be witnessed by a public notary who submits it for certification by the Land Registry in charge of real estate records. The fees for the Romanian public notary is about  of the purchase price. You will also have to pay fees to the Land Registry (“Cartea Funciara”) to register the Transfer Deed. The Romanian Land Registry Fee for a purchase of a property will vary from  according to the length of time that the seller had owned the property and the property’s value.

The Romanian law on property states that Citizens of EU member states, legal persons incorporated in the EU member states and stateless people domiciled in an EU member state can purchase land in Romania only if the land is used for secondary residences or for secondary headquarters after a 5 (five) years term from the accession of Romania to the EU (starting with January 1st, 2012); only for the agricultural land and forest land 7 (seven) years term from the accession of Romania to the EU ( starting with January 1st, 2014).

But for the Citizens, legal persons and stateless people not from a EU member state, the Romanian legal system establishes that they can purchase land in Romania, under the conditions of international treaties between Romania and the states of origin on these persons, under a reciprocity basis.

In our point of view, a prudent investor will hire a Romanian lawyer/ a Romanian Law Office, who will liaise closely with the notary on the verification of the title, obtaining the Land Registry excerpt and the drafting of the agreement for the transfer of ownership of the real estate. This means that the Romanian lawyer will be solely acting for and is responsible to his or her client, whereas the notary will not have the same degree of responsibility to the purchaser.

Under Romanian law there are three basic rights to land and buildings such as right of ownership; usage rights as lease, usufruct, superficies; concession right. The principle of contractual liberty represents the key core of the property law in Romania.

Sometimes, an investor/purchaser can opt for closing a pre-sale agreement, by which the seller undertakes to transfer ownership to the buyer at a certain date in exchange for an agreed consideration. The content of the pre-sale contract will stipulate all commercial and legal conditions for the transfer of ownership, as conditions precedent to the final transfer of ownership. The closing of such pre-contract for purchase does not means the transfer over the property, but the stipulate binding obligations for the parties, in regard to, as example, damages or penalties set out in them, if the seller refuses to sign the final notarized deed of transfer at the agreed deadline.

The closing of the pre-sale agreement is to protect the investor/buyer from any possible purchase to other buyers and to matters regarding the fixed price and duration of a future purchase. In our point of view, it is a must that the pre-sale agreement to be concluded at a Public Notary and clearly stipulate the sale price and other clauses regarding duration of future purchase. In this case, it can be enforced in court on the buyer’s request as a deed to transfer ownership.

A sale agreement signed in Romania, according to the Romanian legislation will mandatory stipulate: obligations of the parties for the fulfillment of the sale contract, delivery and quality conditions of goods and/or services, terms, payment methods and payment guarantees, payment instruments and price insurance, contractual risk, as well as method of solving eventual litigations arising from the contract. Other required elements include the full name and identification details of the parties (for legal entities) and name of the person signing the contract (representing a legal entity).

Duties of a Divorce Lawyer

A divorce lawyer is the one that people see to help them with the legal ending of their marriage. Both the husband and wife will need to justify and validate their reasons for the divorce and why they are no longer living together as husband and wife. The lawyer will have the evidence that supports their client’s claim. In cases where the marriage has broken down on hostile grounds the divorce lawyer will need to prove that the complaints being filed by their client is valid. This is especially true if they are claiming they have been assaulted by their spouse, the marriage was violent, danger to the children, or infidelity.

In addition to pleading their client’s case in court there are other duties that a divorce lawyer has to do before even getting to court. These can include:

• Interviewing their client and getting all the necessary information from them. A divorce lawyer has to know the divorce case in detail and not be judgmental and completely biased toward their client. This is necessary to ensure that their client wins.
• Having to complete all the paperwork that is necessary and getting documentation of proof to be submitted to family court.
• Creating a statement that states all the testimony, demands, arguments, and allegations from their client.
• Formulating a draft or motion of evidence so they can prove the contentions in the divorce case.
• Attending the court sessions when called upon for the hearing date for the divorce case.
• Determining the ratio in how any alimony or child support payments are to be made and how the property is to be divided. When it is a “at fault” divorce, which is when either the husband or wife is guilty of the breakup of the marriage the guilty party will either receive no payment from the other party or they will have to pay more to the other party.

Having a divorce lawyer is usually necessary in a mutually mediated divorce, which is when both parties have come to terms with the procedure of separation. They have also agreed to accept the conditions and terms that relate to support and maintenance, property division, child care, and alimony payments. As a divorce lawyer it is their responsibility to inform their client about the different rights they have according to the law and how they use their rights to favor their case in court.

To become a divorce lawyer you will need to have a bachelor’s degree, graduate law school with a Juris Doctorate degree, and then pass the Bar exam and LSAT.

How Husbands Can Protect Themselves Against Financial Claims in a Divorce Case

This being one of the most important questions asked by many who face the dilemma of divorce proceedings. Based on our experience, we have summarized a few of the commonly used ploys used by husbands against their wives, while we have represented the wives.

1. Obtaining Loans

The first thought running through a husband’s claim is how to minimize the financial judgment at the time of the divorce is to attempt to take loans, including credit cards, personal loans, mortgages, credit lines, car financing, etc. this results in the increase of their liability and they try to prove to the judge that due to their liabilities, they are unable to pay a financial claim raised by the wife. The judge is required to look at the assets and liabilities of the husband prior to declaring the settlement amount.

1a. Issues

There are a few issues with this tactic used by the husbands and it is fair to say that deploying this is not helpful or in their favor. In this respect, the court looks at a few things. Firstly, they look at the nature of the loan and can decide that this loan was not taken out of necessity but as a luxury. Such liabilities have little effect on the settlement amount. Secondly the judge also look at the timing of the liability. If the liability was undertaken after the divorce proceedings or dispute, then that makes the husband’s case very weak since the court could have reservation regarding the intent of the loan. Due to these factors, obtaining loans to increase liability does not work in practice. Moreover the rate of expenses and the standard of life prior to filing the case is take under consideration to show the husband’s actual income.

2. Declaring a lower income

Husbands commonly adopt this tactic to declare lower income in order to not make a settlement payment to their wives in the event of a divorce. He can do this verbally by telling the court that his salary is a certain amount, which in reality is more. He can also do this by refusing to provide a salary certificate showing his income.

There are a few issues in this tactic.

a. Firstly, the court has the authority to demand a salary certificate from the husband and the husband must comply with the judge’s order. The court can demand the salary certificate directly from the employer of the husband as well, should the judge need to do so upon the wife’s request.

b. In the second instance, the judge can authorize the wife to obtain his income report and the breakdown of his salary and other receivables from his work or from the bank. Additionally, the wife has the right to request the bank statements of the previous year. Shortly, the court has a few ways by which the husband’s income can be verified. Hence, it is safe to say that any attempts to hide the income of the husband are unlikely to succeed.

3. Spending money on other family members

This tactic results in the husband’s spending money for maintaining other members of his family by transferring money to the other family members in the presence of a witness.

The logic behind this ploy is that according to the law, the man of the family is required to pay towards the maintenance of his parents and younger siblings if they need his financial support. The total family case expenses should not exceed 40% of this income. The woman is normally given up to 25%. In our experience, it has shown that this practice can lower the wife’s settlement by 5%-10%.

4. Attempt to invalidate the jurisdiction

It is also not an uncommon practice to try to cancel the wife’s residence visa in order to invalidate the jurisdiction of a UAE court to adjudicate on the divorce. This happens when the wife is sponsored by the husband and has filed the case against him. It is a requirement of a divorce that the claimant must be residents of the UAE and by cancelling the wife’s visa, the husband tries to invalidate the divorce on a technicality as the claimant is not a resident anymore.

There are a few problems with this approach that might make this difficult for the husband. Firstly, it is the discretion of the immigration department if they cancel the wife’s visa whilst the case is ongoing or not. Should they chose to not cancel the wife’s visa, there is very little that the husband can do to challenge that decision.

Secondly, the judge has the discretionary power to ignore this point and continue the divorce in the UAE courts. This makes the scenario difficult for the husband and this tactic is not a reliable one and is known to not work in the UAE courts due to the discretionary powers allotted to the judges in these matters.

The wife can get a work visa if she is employed or open a free zone company in order to sponsor herself and get an investor visa, or she also has the option to apply for a 6 months humanitarian visa.

5. Fabricating a criminal case against the wife

An attempt by the husband to fabricate a criminal case against the wife is the worst action that a husband can take with potentially dangerous consequences. In these cases, the husband opens a false criminal complaint against the wife in order to pressurize her to settle and try to get that advantage. Criminal proceedings are very serious offences in the UAE with strict jail sentences and even deportation.

If the wife can prove that the charge against her was fabricated with bad faith, she could in-turn have a claim against her husband for the criminal charge of False Criminal complaint according to the UAE Penal Code Article 275 and 276 of the UAE Penal Code of 1987.

The criminal case can be followed by a civil case for compensation after the criminal judgment. Hence it is advised that husbands should not wrongfully accuse their wives of any criminal charges especially if they are no supported by evidence. Also, the wives need not worry as long as they know they have not breached the law

6. Proving the wife’s income

Husband also try to prove that the wife’s income is more than theirs and try to argue the fact that they should not be made to pay any amounts towards the settlement. They also demand a settlement from the wife on the basis of the wife’s high salary.

Such claims never work as they are against the principles of Shariah Law. Under Shariah Law, the husband is financially, fully responsible for the wife’s living and expenses and maintenance. This is regardless of the financial standing of the wife and her income. It will be prudent to mention here that any monies paid by the wife towards the maintenance of her house, herself or the kids can be demanded by the wife in a divorce settlement. These amounts can be backdated to 3 years and if there is enough proof of these expenses, the court always directs the husband to reimburse the wife in full.

 

Pre & Post Marriage Detectives

Today, finding a good girl or boy for marriage is as difficult task as finding a mine of gold. Those days were gone when you have all the information related to the boy or girl with whom you are marrying on your figure tips along with their relatives. Today, when no one has time for anyone, keeping track of anyone’s lifestyle and personal history is one of the works of the past especially in the urban areas. The same applies for the married couple also. Today in the cities, post marital affairs and relationship is very common and that could lead to many uncertain incidents and even heinous crimes. So, what is the solution to these questions? And the answer is marriage detectives. An experienced pre & post marriage detective agency can not only save you from getting married to a fake girl or boy, but it can also save your marriage life by providing you all the information related to your partner.

Who should avail the services of pre & post matrimonial detectives?

Everyone who is getting married to someone or have some doubt about his or her partner should avail the services of matrimonial detectives. A highly experienced detective agency will help you know the person with whom you are about to marry by providing you all the information about him or her with all the hidden secrets. Detectives will also help you know the type of people with whom your future partner spends time with and any type of bad habits including drinking, smoking etc. Similarly, married people who are facing problem in their married life and think that his or her partner is in some type of relationship or something else is going on behind him or her can avail the services of a marriage detectives.

Benefits of hiring pre & post marriage detectives:

  1. It helps you understand your future life partner in better way.
  2. Eliminates the chances of falling into false trap and promises.
  3. Eliminates the misunderstanding between the married couples and helps them in trusting their partner.
  4. Helps you find what your partner is doing behind you and gives chance to save your married relationship.

So above given are some of the benefits of hiring a marriage detective agency. Anyone who is planning to get married or facing some issue in their married life should go ahead and hire an experienced marriage detective by doing little research from internet. You can easily find number of marriage investigators in your local area by searching on Google. But do not forget to hire a highly experienced detective.