FindLaw's Common Law

After a Tornado, Top 10 Legal Tips for Storm Victims

2013-05-21T07:20:18-07:00

With the devastation of Monday's Oklahoma tornado beginning to set in, victims are coming to grips with the daunting process of recovery. In this difficult situation, victims should take it one day at a time.

With a hat tip to the Dallas Business Journal, here are 10 legal tips for tornado victims:

Don't re-enter your home unless it's safe. Even if your home is still standing, some damage might not be visible, so be very careful about entering any property or structure.

Don't blindly sign anything. Never sign any documents that might do away with your legal claims unless you understand what you are signing. If in doubt, you may want to consult an experienced lawyer.

Be careful about cashing settlement checks. Do not deposit any checks from insurers that have “settlement” written anywhere on them unless you have all of the facts about the value of your loss and are completely satisfied with the amount.

Read your homeowner's policy. Keep receipts from emergency repairs and log any costs from temporary housing. This may be reimbursable under the "loss of use" portion of your homeowner's policy.

Take notes and document everything you can. Document any damage with pictures, ideally. Written descriptions of the damage are also helpful.

Keep an insurance phone log. Jot down all of your attempts to contact your insurance company; if you speak with someone, jot down his or her name and what you discussed. This could come in handy if you need to file a complaint or later need to talk to an attorney.

Ask for proof. If your insurance company tells you that your policy does not cover the damage that occurred or you feel that the offer is too low, ask for proof.

Do your research before hiring contractors. If you need to rebuild your home, use a contractor with good references and an long-standing presence in the area. Price several contractors, be firm about terms and deadlines, and do not sign any contracts that are heavy with legalese or force you into arbitration, which strips you of your right to trial. Be skeptical of out-of-town contractors.

Look into FEMA assistance. Residents can apply for FEMA money to replace lost clothes and to pay for food, lodging, medical, dental and funeral costs.

Look for free legal clinics. In the aftermath of previous tornadoes, local bar associations have offered pro bono services. In the wake of Monday's Oklahoma tornado, some businesses like U-Haul are offering free services to help storm victims.

Related Resources:

How to help Oklahoma tornado victims (USA Today)
Why to Buy Homeowners Insurance (FindLaw)
Renters' Tips for Displaced Homeowners after a Natural Disaster (FindLaw)
SBA Disaster Loans: Homeowners, Renters Qualify Too (FindLaw's Law and Daily Life)

CDC: Poop in Pools Is a Potential Health Problem

2013-05-17T10:01:33-07:00

Everybody poops -- and it's showing up in public swimming pools, apparently.

That's right: There's poop in pools, and researchers at the Centers for Disease Control and Prevention are not happy about it.

A CDC report shows that swimmers frequently introduce fecal material (i.e., poop) into pools, which can spread germs to other people, the researchers wrote.

During the course of the CDC study, researchers found a variety of bacteria in the pools they tested last summer.

The Bacteria

The researchers found genetic material from E. coli bacteria in 58% of the tested public pools. E. coli bacteria are ordinarily found in the human gut and feces. Rest assured, there were no samples that showed E. coli O157:H7, a toxin-producing E. coli strain that causes illness, reports LiveScience.

In 59% of pools, researchers also found genetic material from bacteria called Pseudomonas aeruginosa, which can cause skin rashes and ear infections, according to the CDC report.

Two parasites, Cryptosporidium and Giardia, which also spread through feces and cause diarrhea, were found in less than 2% of samples.

The Cause & the Solution

The fecal matter ended up in pools from people not showering before getting into the water.

The off-putting nitty-gritty statistic is that the average person has 0.14 grams of poop on their "perianal surface" -- the technical word for a person's nether regions -- that can rinse into a pool if a person doesn't shower first, according to the CDC report.

"Chlorine and other disinfectants dont kill germs instantly," said Michele Hlavsa, chief of CDCs Healthy Swimming Program.

One solution might be upping the amount of chemicals in the pool. However, that could come with its own risks since swimming pool chemicals injure thousands yearly.

Homeowners associations and landlords could get a lot of hot water over swimming pool injuries. For the benefit of everyone, they should protect swimmers by closing the pool when a major "accident" happens.

Do things differently this summer: Before the you-know-what hits the fan -- or pool, for that matter -- take precautions. Don't swallow the water you swim in, and avoid swimming when you have diarrhea. Above all, always make sure to shower before taking a dip. For little poopers, the CDC recommends parents take them for a potty break once every hour.

Related Resources:

The Truth About the Fecal Matter the CDC Found in Atlanta's Public Pools (The Atlantic)
Summer Weekends No. 1 for Drowning Accidents (FindLaw's Injured)
Swimming Pool Liability: Pool Safety is Key (FindLaw's Injured)
Pool Safety and Healthy Swimming Tips (FindLaw's Injured)

Online 'Sextortion' Scam Exposed; Marines Issue Warning

2013-05-15T07:50:03-07:00

At least five Marines are the victims of a new online "sextortion" scam, one which threatens to report them to their commanding officers after luring them into simulated sex via Skype.

Criminal investigators at the U.S. Naval Base in Okinawa, Japan, have issued a warning to Marines to be on alert for Internet scams that are specifically targeting service members, reports the Marine Corps Times.

Sex scams are rampant online, and if you take the right precautions, you can avoid being "sextorted."

What Is 'Sextortion'?

"Sextortion" scams are perpetrated by hackers with a penchant for blackmailing victims using naked pictures and videos.

Once they have gathered naked or embarrassing photos of the victim, the culprits will either demand money or even force the victim to strip for the blackmailer via webcam.

Marines caught in this virtual web are often at great risk of being exposed, with potential conduct violations that could cost an officer his career, reports the Times.

How to Avoid Becoming a Victim

As its name implies, "sextortion" is extortion, and like all criminal forms of extortion, it is illegal for Internet perpetrators to gain property or money by threatening to harm the victim's reputation, business, or family life.

However, the nature of sextortion makes it very hard to report, as many victims fear going to the police would leave their personal or work life in shambles.

Victims, whether they are Marines or teenage girls, can avoid sextortion scams by:

Assuming your pictures can be seen by anyone. Just because you have privacy settings on Facebook doesn't mean that your pictures are safe from hackers.
Not sending "friends" naked videos or pictures. Hackers are clever enough to trick victims into thinking they are sending explicit pictures or video to someone they trust, according to the FBI, so just don't send them.
Staying clothed on Skype. Assuming that every Skype call could be recorded and then shared, it makes sense to keep your pants on.

Related Resources:

She's Just Not That Into You: Air Force Warns of Online 'Sextortion' (Wired)
Beware of 'Sextortion' (Federal Bureau of Investigation)
7 Simple Steps to Protect Your Online Privacy (FindLaw's Law and Daily Life)
Online Scams (FindLaw)

FDA Wants Tanning Beds to Carry Cancer Warnings

2013-05-09T11:29:37-07:00

To the tanorexic mom and other leathery friends, listen up. The FDA wants to reclassify tanning beds and sunlamps, and require warning labels for young people, including warnings about cancer.

The FDA has regulated tanning beds and sun lamps for over 30 years, but for the first time the agency now says tanning devices shouldn't be used by anyone under 18, reports the Associated Press.

The bottom (tan) line of the FDA's tanning beds proposal is to increase awareness of tanning bed risks.

The FDA's Proposal

Many states, including California, have considered completely banning teens from using tanning beds, so the FDA's warning label move isn't actually that radical. But it is on the federal level, which is always a big deal -- especially since it could influence state laws.

The government's goal is to curb melanoma cases, the deadliest form of skin cancer. About 2.3 million U.S. teenagers tan indoors each year, and melanoma is the second most common form of cancer among young adults, according to the American Academy of Dermatology.

Unless you've been living under a rock (or a tanning bed), you know that ultraviolet radiation increases the chances of melanoma. But did you know by how much?

According to recent studies, the risk of melanoma is 75% higher in people who have been exposed to ultraviolet radiation from indoor tanning, reports the AP. (75%! You guys, that's not that far from 100%!)

Currently the machines are classified as low-risk devices (Class I), in the same group as bandages and tongue depressors. The FDA's proposal would increase their classification to moderate-risk (Class II) devices.

That bump in risk level would give the FDA the ability to review sunlamp products' safety and design before manufacturers begin selling them.

Time for Public Comment

The "coolest" part about the proposal is that the FDA will take the public's feelings into consideration before publishing a final rule. Here's an excellent how-to video on how to offer a comment to the FDA. The agency will take comments on the tanning bed proposal for 90 days.

Dr. Mary Maloney of the American Academy of Dermatology calls the FDA action an important first step, but still wants a straight-up ban on indoor tanning for teens.

Keep your eyes (not your skin) peeled for more information.

Related Resources:

Mom: 5-Year-Old's Burns Not From Tanning Salon (FindLaw's Blotter)
States to Ban Teens from Tanning Salons? (FindLaw's Injured)
Tanning Tax Takes Effect July 1 (FindLaw's Free Enterprise)
Tanning Beds Cause Cancer, Says Cancer Authority (FindLaw's Common Law)

Midwest Flooding: How to File a Flood Insurance Claim

2013-05-01T11:46:32-07:00

Throughout the Midwest, homes and families hit hard by flooding are now looking to their insurance companies to help them get back on their feet.

Fortunately, victims of floods can follow these four steps to start receiving compensation for damage to homes and businesses:

1. Contact Your Insurance Company ASAP.

This seems like a no-brainer, but the first step to filing your flood insurance claim is to call up your insurance agent or insurance company. You will need to be ready to provide them with your insurance policy number and the best ways to get in touch with you.

Remember, normal homeowner's insurance doesn't cover flooding, so you need separate flood insurance in order to file a claim.

2. Collect Evidence.

In order to prove that you have damage to your property and belongings, you need to make a list and take photographs of the flood-damaged portions.

Make sure to record any:

Water damage. This includes any walls, floors, ceilings, or belongings which have taken on floodwater.
Mold. Both toxic mold and the less-harmful varieties should be documented if you see them.
Foundation damage. Cracks in the foundation, uneven floors, bulges, and other structural issues can be incredibly expensive to fix and shouldn't be forgotten.

Make sure to take safety precautions when you are re-entering a flooded area to take photos. There may be toxic mold, water-borne bacteria and raw sewage to contend with.

3. Speak With Your Adjuster.

After contacting your insurance company, an insurance adjuster will schedule a time to visit your property and assess your claim.

When the adjuster arrives, make sure you have:

A list of damaged items (including photos);
An estimated value for each item and when it was purchased; and
A separate area for all damaged goods so that the adjuster can easily view them.

4. File a Proof of Loss Form.

Your adjuster will provide you this form after his assessment, and you have within 60 days of the flood to file this with your insurance company.

Some flooding disasters have prompted the deadline to be relaxed, but you cannot expect any compensation until you file this form. So earlier is always better.

Of course, if you run into any issues in dealing with your flood insurance company, an experienced insurance lawyer can help.

Related Resources:

Find a Flood Insurance Agent (FloodSmart.gov)
Mississippi Flood: Insurance, Safety Issues (FindLaw's Law and Daily Life)
7 Signs a Used Car Is Flood-Damaged (FindLaw's Injured)
Water Damage and Neighbor Disputes (FindLaw)

Nearly 1 in 4 Americans Have Never Seen Their Credit Report: Survey

2013-04-25T10:07:14-07:00

Would it surprise you that almost 1 in 4 Americans have never seen their credit report?

A new FindLaw survey shows that not only do nearly a quarter of Americans live in ignorance of their credit information, you may be less likely to have checked your credit score based on your sex.

The survey finds that while 18% of women have never checked their credit report, among men the rate is 25%.

Those who make more income are also generally more likely to be aware of their credit information, but up to 14% of individuals making over $75,000 annually claim they have never checked their credit reports either.

Why stay in the dark about your credit?

Here are three reasons to check your credit report today.

1. You See What Credit Reporting Agencies See.

When you receive your credit report, you will see the same sort of information that the credit reporting agencies see.

This information includes:

Your prior addresses and phone numbers,
Bank accounts and loans listed under your name,
A monthly analysis of each account (were you late on payments?),
Whether an account is in collections or foreclosure, and
Who accessed your account.

If you see any mistakes or surprises in the report, you can contact the credit reporting agency to resolve the problem.

2. Keep An Eye on Fraud.

Since you'll have access to any accounts opened in your name, keeping yourself familiar with your annual credit report is a great way to stay alert with regard to fraud.

If you find an account or loan that was opened without your knowledge or permission, contact the credit reporting agency and issue a fraud alert.

The Federal Trade Commission has more information about how to protect your credit if you suspect you've been the victim of identity theft.

3. It's Your Right As a Consumer.

The Fair Credit Reporting Act (FCRA) was passed in order to protect consumers and regulate credit reporting agencies.

This law guarantees that each of the three national credit reporting agencies provide consumers a free copy of their credit report every 12 months. You can go to annualcreditreport.com to get your three free reports.

Related Resources:

Legal How-To: Checking Your Credit Report (FindLaw's Law and Daily Life)
Extended Fraud Alerts and Credit Freezes (Federal Trade Commission)
Identity Theft (FindLaw)
FTC: Credit Report Errors Rampant, May Be Costly for Consumers (FindLaw's Common Law)

Beware Boston Bombing-Related Malware, Charity Scams

2013-04-22T07:56:15-07:00

Internet users have been keeping tabs on the tragic events in Boston, and so have hackers and spammers. If you've received unsolicited emails about the Boston bombing in the last couple days, odds are that you've been the target of a malware attack or charity scam.

Here are some ways to identify these threats and protect yourself.

The Malware Threat

Within hours of the Boston Marathon bombings, scammers were hard at work, reports TechNewsDaily. They created email spam messages that contained heading keywords like "Boston" or "Explosion" and invited users to click their links to see pictures and videos, according to the website HotForSecurity.

Clicking on those links can lead to seemingly innocuous pages with videos of the Boston Marathon -- but in the background, your computer may be infected by a Trojan horse virus.

There are three things you can do to protect yourself from malware:

Don't click on links in unsolicited emails. If you get a link an unexpected email with a link from a friend or relative, contact them first to see if they have sent you anything.
Have antivirus software enabled. This software will often warn you when you open a potentially dangerous link.
Use your common sense. When an email or website looks like a bunch of random keywords and links, delete or ignore it.

Charity Scams

Some of these suspicious emails will contain links to charitable organizations claiming to be portals for donating money or pledging support. Once these links are clicked, you'll be taken to a website where you can input your credit card information, address, name, phone number and other valuable personal data.

Identity thieves will then use this information to access your bank accounts, credit cards, and financial information.

If you feel you've been the victim of a charity scam or worry that a link is untrustworthy, you can:

Contact the Better Business Bureau. This organization can help you to report any "charity" you think is fraudulent and can educate you on avoiding scams in the future.

Contact the consumer protection agency in your state. These agencies can investigate any complaints about money lost or information taken by a charity scam and inform you of your rights as a consumer.

Be skeptical and ask questions. If you haven't heard of an organization before and don't feel comfortable giving them your information, then don't. Even if you donate through a trusted charity, do it from their main website and not through a link in your email or on Facebook.

Related Resources:

Beware bogus Boston Marathon charity websites (CNN Money)
Consumer Scams FAQ (FindLaw)\
What is Email Phishing and Spoofing? (FindLaw)
Warning: Mobile Malware Infecting More Smartphones (FindLaw's Common Law)

Birth Control Recall: Reminder to Pay Attention to Recalls

2013-04-12T12:01:00-07:00

News of an urgent recall of Alysena-28 birth control pills has understandably terrified patients who take the pill. According to the distributor, Apotex, one batch of the Alysena-28 pills may contain two weeks of placebo pills instead of one, CBC News reports.

Though the birth control recall is in Canada, it's a good reminder of why it is so important to stay informed about prescription drug recalls.

Recalls usually only affect a small amount of manufactured products. But when a recall involves potentially long-lasting consequences, like an unintended pregnancy, staying on top of the information is key.

Once you have been made aware of a prescription drug that has been recalled, stop using it and contact your healthcare provider. In the birth control recall, the women who may have received a faulty set of pills should stop using the placebo pills and use a backup birth control instead.

The next step is to determine what action is appropriate for you. In this case, plaintiffs who get pregnant because of the extra pills could pursue a lawsuit to make Apotex shoulder some of the costs of rearing the unexpected child. Similarly, if you are taking a recalled drug that has long-lasting consequences, you may have a right to recall remedies.

This is not to say that drug manufacturers are not without defenses. In Apotex's case, since the extra placebo pills were white and the active pills were blue, Apotex can defend themselves against lawsuits from patients who were used to taking the medicine, because the color difference would be pretty visible to them. But for new patients who just received a pack, the difference might not have been as easy to spot.

To the horror of patients in Canada who fear they may have taken the recalled Alysena birth control pills, Apotex had only informed wholesalers and retails about the recall. Apotex did not intitially contact the women who are taking the pill. For this reason, it is critical for people who take prescription pills -- especially oral contraceptives -- to be their own advocates and stay informed about drug recalls.

Related Resources:

Health Canada recalls birth control pill Alysena (Global News)
Pfizer to Face Defective Birth Control Lawsuits? (FindLaw's Injured)
Product Liability Law (FindLaw)
FDA - Recall Types (FindLaw)

Are Travelers' Checks Still Legally Valid?

2013-04-09T12:01:00-07:00

Summer is around the corner and folks are getting ready to pack their knapsacks for a sojourn in a faraway land. But what's the best way for travelers to carry their hard-earned cash?

For those who are afraid of traveling with large amounts of cash or credit/debit cards, you may have entertained the idea of travelers' checks. They function like cash, but can be replaced if lost of stolen. But are they still legally valid?

The answer largely depends on where you are going. The golden era of travelers' checks is over in many areas, but is still a great option for others.

Europe

If you're heading to Europe, get your rubberbands ready because cold hard cash is the way to go, Budget Travel reports. In Europe, travelers' checks hail from yesteryear. Regardless of whether they're in euros, many retailers and hotels in Europe no longer accept them as valid forms of payment.

The United Kingdom

Following suit, the United Kingdom has largely bid adieu to the use of travelers' checks. In fact, a major government oversight hopes to ban all paper checks by 2018, says Budget Travel.

If you really want to take travelers' checks to Europe or the UK, you could take them to a bank and cash them for local currency -- but only after paying conversion fees. Get ready to endure some some sticker shock, because you'll be charged fees of up to $9.00 to cash those checks.

China

If your summer voyage includes a trip to places like China, you're in luck. Travelers' checks are a great option here. Because fees are low, and the exchange rate is regulated by the Chinese government, travelers' checks present an incredibly safe and affordable way to swap your Benjamins (or Washingtons...) for yuan. This is a particularly useful option if you are venturing out to more rural areas that may not have readily accessible ATM machines.

Before investing in a stack of travelers' checks, check out the policies of your bank and your vacation destination. If all else fails, there's always bartering.

Related Resources:

American Express Travelers' Checks FAQ (American Express)
Visa Travelers' Checks FAQ (Visa)
FindLaw Release: Tips for Safe and Smart Summer Travel (FindLaw's Official Blog)
Can I Travel without a Green Card? (FindLaw)

Hyundai, Kia Recall 1.9M Vehicles Over Brake Light Problems

2013-04-04T15:22:22-07:00

Korean automakers Hyundai and Kia are grappling with one of the largest recalls ever involving 1.9 million vehicles sold in the United States.

In a separate recall, Japanese automaker Subaru is recalling 200,000 vehicles for brake line cracks, NBC News reports.

Vehicle recalls and defects can lead to serious accidents and injuries. Hyundai, Kia, and Subaru could potentially face legal liability for any injuries that may have resulted from the taillight, electronic control or airbag defects.

Car Defect Liability

Under the doctrine of strict liability, no matter what steps Hyundai, Kia and Subaru took in designing, assembling, or handling their cars, they could be liable to an injured driver if the following conditions are met:

The car or one of its components had an "unreasonably dangerous" defect that injured you. In Hyundai's case, customers have experienced serious lacerations to their ears during crashes, due to the installation of a special auto-dimming mirror.
The defect caused an injury while the car was being used in its intended manner. For drivers injured by the defects, this condition will depend on the facts of each injured driver's case.
The car's performance is close to its original condition. For example, customers who sustained injuries from recalled Subaru models manufactured between 2003 and 2007 might face some difficulty in meeting this condition.

Notifying Customers

Before the lawsuits start rolling in, Kia, Hyundai, and Subaru's major concern will be to notify affected owners. Manufacturers are legally obligated to give notice of the recalls to affected customers. Each notification must contain the following information:

A description of the defect,
The risk or hazard posed by the problem,
A brief description of the free remedy, and
A description of what the owner can do if she is unable to have the problem corrected within a reasonable time and without charge.

Remedying the Defect

Once a defect determination is made, the law gives the manufacturer three options for remedying the defect: repair, replace, or refund. All three manufacturers in the recall are promptly notifying customers affected by the massive recalls and plan to repair the affected vehicles at no charge, NBC News reports.

Related Resources:

Hyundai Recall Could Grow Further, Sounds Warning on Quality (Reuters)
Car & Vehicle Defects and Recalls: Get Help Now (FindLaw)
Your Right to Recall Remedies (FindLaw)
Browse Products Liability Lawyers by Location (FindLaw)