Renters in apartment dwellings can get irritated by other tenants who enjoy cigarettes. Another occupant’s smoke can creep into your residence through an open window or the air conditioning system. Unfortunately, until the rental lease agreement makes it a requirement for the landlord to stop such happenings, there is currently very little that is possible to do with regards to California law. Local laws may change soon, but that doesn’t assist those being put off by by smoke currently.

Even though a few cases have been submitted in California against landlords or other renters due to the sharing of secondhand smoke, the legal answers are still unknown. Results submitted by the California E.P.A. (Environmental Protection Agency) that connect someone else’s smoking to a variety of diseases, which include brain damage and pregnancy complications, may affect a law’s perspective of this situation, but that is yet to become clear. If you happen to be a renter thinking about legal action against a property owner or renter for subjecting you to his second hand smoke, due to the newness of the situation, you may need to consult a lawyer.

Renters Rights Against Their Property Management Company

Even though there is no law that prohibits smoking in private domiciles, all California property managers owe a diversity of responsibilities to their renters, to include: The implied warranty of habitability and the implied covenant of quiet peacefulness.

With regards to the implied warranty of habitability, a part of every single one of California rental lease agreements, a property owner makes certain that the grounds are and will remain livable. Livability is usually discovered by the owner’s obedience with specific code obligations, such as providing required heating and ventilation.

But, California judges have not determined that code obedience is the only deciding factor of whether a break has happened. That way, it is conceivable that, when under specific situations, the judge might rule that a renter’s openness to secondhand smoke breaches the warranty of livability.

The implied covenant of quiet peacefulness champions the renter’s use and peacefulness of the grounds for the reasons outlined by the rental lease agreement. The property owner can breach the implied covenant of quiet enjoyment by doing something or failing to do something, such as failing to cease other renters from creating too much noise. The inquiry the courts would ask is whether the other tenants smoking greatly affects the renters ability to enjoy of a specific part of the grounds. It is unknown how a California judge would rule on this situation.

In the rest of the U.S., a few judges have permitted lawsuits to stand when a occupant’s smoking is severe enough, or made the property owner to extend to the renter a lessening in rent due to the smoke. But, it is unknown whether a property owner would be responsible for the relocation costs of a renter who decided to discontinue a renal lease agreement because of secondhand smoke problems. Due to the fact that these outcomes were made by an out-of-state judges, the rulings are not applicable in California and it is unclear how California judges would rule on the same evidence.

Renters Rights Against Their Neighbors

In California, a renter now has little if any legal rights opposing another tenant for exposing them secondhand smoke. There is no legality that prohibits smoking in private domiciles, like the law that prohibits smoking at work. That way, the tenant who smokes has not violated the law by smoking in her apartment.

A occupant’s smoking might not reach the legal requirement for a “nuisance” as determined by the California judges. Even though California law outlines a nuisance as that which is dangerous to a person’s wel-being, . . . Or is not decent or irritating to the senses, . . . So as to meddle with the peaceful happiness of life or property,” judges also make it a requirement to that a plaintiff give proof that the action is both “substantial” and “unreasonable.”

Going by the present California case laws, a occupant’s smoking might not be viewed as either substantial or unreasonable, but it depends on the consistency, length of time and degree of exposure. A judge might see the secondhand smoke challenges as just the renter’s inability to live together in the same building.

Rights of Physically Challenged Occupants

Renters with specific physiological disabilities might have other legal answers at their disposal to stop drifting smoke from coming into their domiciles. Under state and local law, those with limitations are enabled with feasible quarters and/or changes of guidelines from their property managers to make sure that commensurate availability to and happiness of their living space.

To certify for these exceptions, the renter has to qualify for the legal explanation of “handicapped” or “disabled,” meaning that their circumstance “limits” (under California law) or greatly limits” (under federal law) a substantial life ability.”

Someone with a genuine lung situation may be considerably limited in her breathing. If a renter is “handicapped” or “disabled” according to the legal definition, and openness to secondhand smoke is stopping the renter from appreciating the property, the law makes it a requirement for a feasible living space. The property owner might be made to stop smoking in joint areas of the property, if that is the origination of the smoke, or let the tenant move to an alternate apartment, further from straying smoke. Rather, the renter might be able to discontinue his/her rental lease agreement without being penalized.

What Can a Property Owner Do to Halt Such Problems?

To not run into challenges caused by renter’s smoking, property managers in California might:

Start a smoke-free rule by not allowing new occupants from lighting up;

Establish non-smoking parts of properties; or

Not allow smoking in all joint areas, such as stairs or garages.

Conclusion

If a renter in a property is put off by occupant’s smoking, the legal answers are unclear. Property owners have certain responsibilities to renters (implied warranty of habitability and implied covenant of quiet enjoyment). These property owner-renter law guidelines may offer some reprieve for renters depending on the seriousness and length of the openness to secondhand smoke. Due to the fact that this is a recently discovered part of the law, it is unknown how a California judge would decide. If a renter is physically challenged she might have other legal cures under state and local anti-discrimination laws.

Rather, the apartment manager is allowed to stop smoking in an apartment. Or a local government might establish an law putting limits on smoking in joint areas or stating that property managers have the ability to create areas of the property smoke-free.

So, make positive you are clear as best you are able the parts of the building where smokers are hanging out before you agree to your rental lease agreement.

In order to determine how much money can I get for My Los Angeles personal injury case, there are many factors to look at. One major factor is whether or not the person who caused your serious injuries in Los Angeles even had insurance.

This is true whether it is a premises liability case, car accident, or airplane crash mishap. You must first consult the below checklist to secure your rights and build the value of your Los Angeles personal injury attorney’s ability to recover money damages.

1. What Should I Do If I Am Hurt in a Car Accident?

You must take pictures with your cell phone camera, make a diary about your injuries. The law requires you make a report of the accident to the DMV. Never give a recorded statement to anyone, never admit responsibility. Only talk to your attorneys and only if you are in a confidential relationship with no conflict of interest (i.e., if you were a car passenger, make sure the car driver is represented by another lawyer, as he is potentially conflicted with your interests.)

2. How Long Will it Take to Get Money in My Case?

Before your Los Angeles Personal Injury Attorneys can get you money, or send the insurance company a settlement demand, make sure you have completed all necessary medical treatments. Normally, your attorney will get the property damage portion of your claim settled within a few months after your accident.

3. Does Failing to See a Doctor Immediately Hurt Your Insurance Claim?

Even if you’re not feeling pain right away, you must take an ambulance to the hospital. The human body produces adrenaline, a natural pain killer, when it is under the trauma of a serious auto accident, or other injury caused by negligence or willful neglect. Make sure to document when the pain started in your diary, and all your doctor visits. Failure to do the above gives the defendant an argument you are committing insurance fraud!!

4. Do I need Experienced Los Angeles Personal Injury Attorneys, or Should I Hire that Guy on the Back of the Bus or 12:00 Midnight TV?

It is always in your best interest to consult an experienced attorney. But remember, the defendant’s insurance company has a very experienced adjuster, law school graduate who never took the Bar, or full blown lawyer negotiating for them. Many TV attorneys and face men on the back of buses actually don’t even practice law. Instead, they simply have a phone bank sign you up and then get a referral fee for sending you to an inexperienced attorney. Alternatively, they have so many cases, you don’t get the personal attention you deserve. It is better to retain a boutique law firm who learned law in a law office on the California State Bar Law Office Study Program

5. The Guy Who Hit Me Didn’t have Auto Insurance; How Do I Get Paid Now?

If the Defendant was uninsured (“UM”) or underinsured (“UIM”) in a California car accident, you will need to seek recover from their personal assets. However, if you were smart, you already purchased UM, or UIM motorist coverage on your own insurance policy. Your attorneys can seek recovery against that insurance policy in that case.

6. Who Will Pay for My Medical Bills While I Wait to Get a Verdict or Settlement?

Sometimes your own insurance will pay right away. But usually they will seek reimbursement from your award. Experienced Los Angeles personal injury attorneys will review your medical coverage and discuss that option when appropriate.

7. How Do I get Around When My Car is Being Repaired?

Look at the declaration of coverages and exclusions in your insurance policy. Your policy may contain a rental car clause. Sometimes you’ll end up with a crappy car unless you pay extra. Make sure to track the expenses that went over. You may be able to get loss of use coverages for a similar car as you lost in the auto accident case.

8. I Can’t Return To Work; Are Unemployment Benefits Also Available?

Normally no, unless it was a work related injury. But often you may be able to seek state disability benefits in California.

9. Who Pays me for Dangers in the Roadway Like Potholes?

Sometimes defects in the roadway cases damages to your car due to improper maintenance or repair. Often you will need to file a government claim. There is a statute that requires you to file a claim within six months of the damages. Good luck!!

10. How Much Money Will I Get if I do the Above Things?

There are many considerations to determine the amount of an award or settlement. You are usually entitled to seek lost of wages, pain and suffering, property loss, like your car. Assuming it’s not a Prop 213 case, all damages will be considered. Your attorneys review the case and do a work up in order to give you an estimated amount of reasonable jury verdict or settlement in your accident claims.

11. Is It Better to Settle Instead of a Jury Trial?

Not usually. A jury trial in California courts can take months and sometimes you’ll get less than the insurance company was willing to settle the case for. Plus the attorney’s contingency fee will normally go up and you could even end up paying the defendant’s costs and attorney’s fees even if you win!! (See Code Civ. Pro. Sec. 998.) You must weigh the risks and benefits.

12. What if The Defendant’s insurance company offered me money. Should I Accept the Settlement and Cut Out a Lawyer?

Only if you want to get ripped off. Insurance companies know you have no idea what your case is worth. They will offer you a fraction of what an experienced personal injury attorney in Los Angeles would get you. Contact and retain an attorney and watch insurance company’s offer increase. Never take money from an insurance company unless you consult with a lawyer first.

13. But What If I Can’t Afford an Experienced Attorney?

Los Angeles personal injury attorneys usually work on a contingency fee basis. Normally, in cases like that, you pay nothing unless there is a recovery. If your lawyer wins your case, you get a percentage less the contingency fee. You and your attorneys agree on this in advance with consent after consultation. How much money can I get for my Los Angeles personal injury case depends upon the above factors, so it is imperative that you get a lawyer before the statute of limitation expires in your civil cases.

Theoretically anyone can become an NBA player but in reality in order to become an NBA player you have to meet a whole lot of criteria, you have to be noticed by scouts and above all there has to be spot for you on the team.

In order to selected in NBA, you have to play at college level. You have to know the nuances of the game and of course, train very hard. Players keen to selected for NBA maintain a strict diet regimen, exercise very hard and ensure they sleep well to help their body recover. They also spend a lot of time practicing to improve their game and skills. They make sure that they learn and evolve continuously as players. Usually, basketball players have to be tall. However, if a player is not tall, he makes up for this lack by being quick and accurate with shots and passes. All basketball players need to excellent and outstanding maneuvering abilities.

For those players who could not make it to the college team for some reason or the other, they should not feel disheartened. They always have the option of playing in Europe. However, you need to have good contacts. Players should find out how to get in touch with scouts. You can also get yourself an agent who will help you in all these matters.

Remember, if you are talented and top notch player, you will get noticed for the draft because of all the publicity you get. But this does not mean that you will be selected. There has to be an open slot in the team for you.

In order to part of the NBA, you would have to make basketball you life. You would be required to put in very long hours of training and practice. Plus take care of what you eat and drink as these are all connected to your fitness. You would have to build your focusing abilities so that during games you concentrate on the issue at hand rather than being distracted.

Once you have learned to do these things, it should be a lot easier to get selected for an NBA draft. Remember, commitment and perseverance will go a long way so start planning your NBA future today.

I really don’t intend to scare or alarm anyone, but this is an important subject. Sometimes, because of a potential threat, we must just get over being scared or rather, make good use of fear. Fear is a good thing if it causes one to be more observant, more diligent, and more careful about our surroundings. So please, if you reside near any of these areas, just be careful! Below is a list of areas where there’s an active hunt for serial killers and/or unsolved cases of suspected serial killer involvement.

1) The area between Houston, Texas and Galveston, Texas. More specifically, any where near I-45. It’s suspected that at least two serial killers could be operating along this area. To date, it’s believed that at least 24 women, that’s right, 24 women have been killed!

2) Denver, Colorado, near the general area of Coors Field. It’s been said that at least 4 people have been killed in this general area and the cases are unsolved. Is it the act of one person or different killers? Either way, be careful!

3) Two cities in Massachusetts, the cities of Hudson and Marlborough. These cities are located close to one another. They have experienced the deaths of a couple of people that seem suspicious.

4) The area around Daytona Beach, Florida. At least three or four females have died at the hands of a killer. Many in law enforcement believed this killer may reside in the city or nearby areas. He seems to kill on an average of every 20 days. Personally, I believe they need to keep their options and investigations open on this one. It could also be a salesman or businessman that travels to the area every 20 days or so.

Please be advised that serial killers have been known to be transient. Some might kill their victims in areas near their homes, others may not. The problem is generally though with the ones who are transient. They might pass through Florida on a Monday, kill a victim, then be in California by Thursday! Another issue is their DNA’s. The killers must have been arrested at least once for their DNA to be entered into police data banks.If entered, the police can then match it with a suspect or suspects.

In addition, I must say this. It’s an obvious, logical assumption. If you live in Los Angeles, Seattle, Dallas, New York City, Miami, Detroit, Chicago, Washington D.C., Phoenix, or Las Vegas, you must assume that there is a good probability that a serial killer is operating in your mist.

Be careful and watch your backs!

Have you ever wondered how an inmate is booked into a jail? As bail bondsmen, clients and others often want to know the inner workings of the jail. Here is an inside look at the process, a “what happens behind closed doors” if you will, at the San Mateo County Brendon P. Maguire Correctional Facility, named after the San Mateo County sheriff who helped found it. The MCF opened in 1994. It is six stories tall and its top five floors are used to house inmates. Its intake and administration areas are on the ground floor.

No less than 18,000 inmates are booked into Maguire each year. Most of those incarcerated here are either awaiting their trial or in the process of it. Several more are also awaiting transportation to another agency if they have already been sentenced to do time in a state or county facility.

According to an official MCF mission statement this jail serves the community by assisting the courts, law enforcement agencies, and inmates and their families by offering a safe and secure environment. It also helps to ensure that defendants will appear in court and complete their jail sentences.

The Maguire Correctional Facility provides for its inmates’ medical, nutritional, hygienic, legal and spiritual needs. They also have several services that are designed to give inmates an opportunity to improve their lives, both during and after their incarceration, in an attempt to reduce recidivism.

Jail Arrival

An arrestee’s incarceration begins when he is bused into the MCF’s Vehicle Sally Port, which looks like a huge gray underground parking garage. This is the entry point in to the prison for arrestees escorted by police (it is also a transport and pick up point). But in this parking structure there is no exit ramp. The doors are electronically operated and security is maintained via a visual monitoring network that is linked to a Central Control Room. The inmates are then taken, in handcuffs, to the pre-booking area to wait while their police paperwork is completed. If they are suspected of being under the influence, they will be given breathalyzer and alcohol blood tests. This process takes about 30 minutes.

Booking & Inmate Search

Next, in the Intake Section, the actual booking process begins. Their personal information is entered into a computer system and they are assigned a county ID number or, in the case of return visitors, their number is located. During intake, they are also given a jail number and housing assignment, they undergo a medical interview, and have their personal property inventoried and sealed in a bag (more on all this, later on). The last steps in this process are getting a photo taken and being fingerprinted.

But first, it’s on to the Search Cell: All of the inmates searched for both their own and staff safety, to make sure nobody is carrying any concealed weapons or contraband. There are two types of searches. One is the simple pat down of hands over clothing. The second is the strip search. Contrary to what you see in the movies, the strip search

requires a supervisor’s written approval and is mostly performed on parolees, self-surrenders and “weekenders”.

Mental & Medical Reviews

The Department of Correctional Health services gives every new Maguire inmate a medical interview to find out what medication, if any, they are taking and their physical condition. They also receive a mental health interview to determine their state of mind, and whether or not they are a danger to themselves or others. Physical and mental interviews also play a key role in helping to determine where they should be housed during their stay.

Inmate Identification & Classification

Mug shots are taken of each prisoner to document his appearance, as well as any distinguishing marks, scars or tattoos. These photos are printed up as “movement cards” that will accompany the inmate to his eventual housing. Last, an ID wristband, much like the kind used in hospitals, is placed on his wrist.

Inmates are fingerprinted in another section, using state-of-the-art methods that don’t require ink. The fingerprints are then scanned into a database in case they are needed for future reference. Once this has been done, the inmates are placed in Holding Cells. These cells are a temporary location, but they help keep the arrestees secure and separated during the booking process. They are very much like waiting rooms, equipped with telephones and toilets.

Some of the more low risk arrestees, like those brought in on DUI charges, may be released on their “own recognizance,” known as “OR”. This means that they could end up being freed on the promise that they will return to court, without having to pay bail. The inmates are interviewed to determine if they qualify for OR, or need to be cited. It is also a first evaluation of their classification status.

The MCF uses a specific Classification Method for several reasons: to determine the inmate’s housing assignment; ensure his safety; and to give him a coded level of incarceration (sentenced or un-sentenced, security risk etc). He is also classified by physical attributes like height and ethnicity.

If an inmate is to be imprisoned, he is sent to Dress In. In this section, he learns where he will finally be housed. All his personal clothing is taken, sorted and then put in Maguire’s secure Property Storage Unit. There, it is hung in blue plastic bags on an “automated property bag retrieval system” which is much like the clothing conveyor belts found in dry cleaning stores. The inmate is given an orange jumpsuit to wear so that he can be easily identified and, just like a rank and file military uniform, because it make him equal to every other inmate.

Housing Pods, ie Jail Cells

Inmates live in General Housing Pods, which are actually two stories tall. They look like grim Spartan college dorm rooms in that they are small, two person cells surrounding a gray-carpeted day room. There are 24 cells on each level and the Pods are supervised by a deputy in an open station at the center. Assigning an inmate to a cell once again depends on his classification, the nature of the offense, criminal history, physical size and gang affiliation.

Inside each cell, two bunk beds can be found bolted into the wall, along with a writing desk, shelf, plastic chair and a stainless steel toilet that offers no privacy. Twice daily, prisoners must go through a body count and inspection. This ensures that they’re all accounted for, jail rules are followed, they and the facility remain safe and secure, and that they are keeping themselves and their cell clean. Inmates must line up with their backs against a cell wall with their arms extended for shorter inspections, which can be as frequent every two hours.

Central Control, a hi-tech monitor system that could be considered the brain of the facility, controls all of the doors and systems. It is also a communication center that is manned around the clock, keeping an eye on daily prison activities and serving as a command post during emergencies.

Specialized Maguire Programs

During the time that inmates must serve their sentence, a variety of programs are offered to them. In addition to medical and mental care, MCF Correctional Health Services provide dental care and drug/alcohol AA recovery meetings and domestic violence groups. They also have access to religious services, a law library, AIDS Awareness and parenting courses, and an Office of Education where they can get a GED, along with business links between the MCF population and community organizations.

The Maguire facility offers some inmates a chance to earn money by working in its industrial sized kitchen (which outputs 2700 meals a day) and laundry room (laundry is exchanged once a week), under correctional supervision. They can also spend money at the prison commissary. There, inmates charge items on their MCF accounts to buy food, personal hygiene items, writing/post materials, over the counter meds and phone cards.

Visiting & Release

Visiting hours vary, excluding Mondays. A day care center with toys, books, crayons and snacks was created free of charge by the Service League of San Mateo for those inmates who are visited by their children. When an inmate has served his time, or bail has been posted, and he is ready for release, he is taken to the Men’s Dress Out Section where his things are returned to him. Once his paperwork is complete, he is free to go.

We know that prison changes some inmates for the better. They learn to keep the behavior that got them there in check and use their time behind bars to better themselves. But many leave no better off than when they came in. They still lack social and employment skills and may still be addicted to drugs. They may return to a life of crime and ultimately… return to the Maguire Correctional Facility.

Thousands of automobile collisions occur everyday. And every day thousands are injured. Researchers note that the majority of accident injury claims occur at relatively low speeds of about 12 mph.

This causes tremendous disputes between injured parties and the insurance companies that are responsible for compensating them fro their injuries. To insurers, there really is no speed at which they want to admit and injury could occur. For economic reasons they try to dismiss whiplash in its entirety as if it doesn’t exist.

Thanks to recent irrefutable research studies proving the existence and exact mechanism of whiplash injuries, insurers are hard pressed to try the “whiplash is a hoax” defense nearly as much as in the past.

A more recent tactic is to claim the speed of the collision is too low to cause injury. The defense often relies on their insured’s reports of how fast they were going when they ran into the back of the other party-obviously biased data. Other times photographs of the vehicle damage is used to show a low speed. Often, the photographs are shown to an Accident Reconstructionist who by merely looking at photographic damage renders an opinion on how fast the vehicles were traveling. They will even go so far to make statements such as “the evidence suggests there was insufficient force to cause human bodily injury…” This would be laughable if it didn’t cause so many problems for injured victims.

Here are but a few facts concerning motor vehicle injuries and their relationship to speed with supporting scientific evidence.

Three different studies (Panjabi, Panjabi and Cholewicki and Kaneoka) proved the mechanism by which the neck is injured by a rear impact force. [1], [2], [3] The studies involved simulating a rear impact collision ot live human test subjects and recording the results with cineradiography (high speed motion x-rays). The researchers found that the neck was injured by deforming into an “S- shaped” configuration. All three of these studies found that this physical event occurred at speeds as low as 2.5 mph.

The radiographically proven human threshold for injury in a rear impact collision therefore is 2.5 mph. Other authors have disputed these figures and some insurance company sponsored studies have found the threshold to be closer to 5 mph.

For the sake of argument, let’s stipulate that the 5 mph threshold is correct. It still means that a collision of only 5 mph can cause damage to the neck.

Freeman et. al. in Spine, Vol. 23, Number 9, 1998, p. 1046 shows the damage thresholds for many cars. This is the minimum speed required to cause the car to show visible signs of damage. The smallest, lightest vehicle listed was the 1980 Toyota Tercel, which required a collision of 8.1 mph to become damaged. On the other end of the spectrum was the 1989 Chevrolet Citation, which required 12.7 mph. A Ford F-250 pick up required 11.7 mph.

Cars built today are equipped with rear bumpers designed not to show any damage below 5 mph. In an attempt to reduce repair costs shouldered by insurance companies, crash standards were adopted to mandate rear bumpers must withstand a 5 mph collision into a fixed barrier (wall, pole, etc) without any visible evidence of damage. It should be noted that this standard involves testing of “vehicle to barrier” crashes not “vehicle to vehicle” testing.

In “vehicle to vehicle” crashes where the bumpers line up well, it takes considerably more force to cause visible bumper damage than a 5 mph collision. Some tests have shown that cars could be crashed repeatedly at 20 mph and not show outer damage. In a “vehicle to vehicle” crash it is estimated that the minimum speed to cause visible damage is approximately 15 mph.

Another consideration is that while a bumper may look undamaged from the outside after a collision, inside under the skin, the foam or plastic may be crushed or cracked. This is not seen from the outside, so photographs would make it appear as if no damage was sustained. Still further, the bumper may appear intact, but on unibody vehicles, the unibody may be bent or deformed by a collision. This may not be apparent and some auto repair facilities may miss it.

So what does this mean? It means that if you are rear-ended and your bumper is cracked, dented, or misplaced at all, your collision involved speeds in excess of 15 mph. That’s 3 times the human threshold for injury if we use the 5 mph figure. In reality, the proven threshold is only 2.5 mph, so a collision of 15 mph is 6 times the threshold for injury.

Now let’s say your vehicle sustained no visible damage, but your neck hurts after the collision. Does that mean you weren’t really injured? No. It means that the vehicle’s threshold for damage was not exceeded. The impact could have been 10 mph. Too low for bumper damage, but still 4 times the threshold for human injury.

In a low speed collision, the kinetic forces that are transferred from the other vehicle into your vehicle are not dampened or bled off by your bumper. Instead, the force is transmitted through the vehicle, into your seat and to your neck resulting in injury. If your body or neck are jolted or jerked by the impact, an injury could occur.

Another aspect to consider is if your vehicle is moved forward by the impact. An average car weighs close to 4,000 lbs. Let’s say you are hit from behind and your car is pushed forward a few feet, but shows no signs of bumper damage. Is it possible to be hurt? Yes, of course. The force required to move a stationary 4,000 lb object is tremendous. Can you walk up to a car sitting at a red light with its brakes on and shove it forward even an inch? Not likely. A collision that is strong enough to propel a car forward by even inches is plenty enough force to cause a whiplash injury.

So, as you have now learned, there really shouldn’t be any dispute on whether a low speed collision can cause injuries. It has been scientifically proven by several studies. It is also a fact that the speed required to cause bodily injury is quite low, a scant 2.5 mph. It has also been shown that any accident that causes damage to the rear bumper is likely to cause injuries and even in accidents where there is no outward physical damage to the vehicle, there may still be sufficient forces involved to cause bodily injuries.

References

Panjabi MM, Grauer JN (1997): “Whiplash produces a S-shape curvature of the neck with hyperextension at lower levels. ” Spine 22 (21): 2489-94.

Panjabi MM, Cholewicki J, Nibu K, Grauer JN, Babat LB, Dvorak J, Bar HF (1998-12-01): “[Biomechanics of whiplash injury].” Orthopade 1998 Dec; 27(12): 813-9.

Koji Kaneoka, Koshiro Ono, Satoshi Inami and Koichiro Hayashi (99-04-15). “Motion analysis of cervical vertebrae during whiplash loading.” Spine 24(8): 763-770

Characteristics of Specific Automobile Bumpers in Low Velocity Impacts, SAE 940916

Current Housing Market Status:

In the last 3 or 4 years, a large number of homeowners have been trying to complete a “loan workout” with their current mortgage lender to lower the interest rate and improve the terms of their loan. Many lenders have chosen not to accept any new terms, rather, let the property go into foreclosure.

Because lenders have an overwhelming number of properties in foreclosure, they are starting to accept loan modifications via their loss mitigation departments. The time is ripe for consumers (who own homes) to take action and request that their loans be modified towards better terms and a lower interest rate they can afford, if they have high interest rate sub-prime loans or are at risk for foreclosure.

Since, the rate of foreclosures is increasing, everyday, the federal government, congress and the president have approved and signed a new bill which will allow homeowners to take advantage of a new “FHA – Hope for Homeowners Program” designed to save more than 400,000 homeowners from foreclosure. This program will go “live” on October 1st, 2008.

The new FHA loan program will assist homeowners who are currently in foreclosure, close to foreclosure or those who have high interest rate mortgage loans like those called sub-prime loans. The program is different than a loan modification in several ways.

The following is a bulleted layout of the deference’s between completing a loan modification and getting approved to do a FHA -Hope for Homeowners program.

Loan Modification:

1. You can recast your current loan into different terms, with the hope to benefit from a lower interest rate, which is fixed rather than an adjustable interest rate.

2. The costs of the loan modification are rolled on the “back-end” of the loan, which will increase the amount of money you owe.

3. The loss mitigation department may choose to keep the amount (that you own on your loan) higher than your current home value. Or they may choose to lower that amount, some, but not as much as it could be to make your new payment comfortable in the long term. This could mean that you may be in financial jeopardy, in the future.

4. It’s a fact, what cause your current lender to be interested in keeping your loan on their books are the servicing rights. They make money servicing your loan over the term of the amortization schedule. The problem is that many lenders have filed for bankruptcy or just got out of the business (due to poor credits markets) and the servicing rights have been sold to other investors. This often causes a strain, since; the servicer does not actually have your loan documents at their facility, so they rely on others to get your original loan information to them for review. This process can cause the loan modification workout to be slow, in many cases. Timing is very important, since, homeowners are not knowledgeable in the process and they often wait to late to get the loan modification process started. It is important to communicate with your current lender and get the loan modification process stated, months before your home goes to foreclosure sale.

5. If your request for a loan modification is rejected, you may want to try it again in a few months, since; some lenders don’t document the loan modification attempt you made. They are often motivated by changes in the housing market and their intent changes as more and more loans go into default. It does not hurt to try again. It is smart to work with a loan modification specialist, a seasoned loan officer or an attorney who specializes in real estate, mortgage lending and loan modifications. They understand how to speak to loss mitigation department, personnel and can get a general idea of the mood and trends of your lenders loss mitigation department.

6. Many loan modification specialist work together with attorney firms to get the loss mitigation departments to act in a timely manner. Those same attorney firms work with the loan modification specialist to make sure the original loan documents are not fraud ridden. This is a good approach, yet it can cost the homeowner additional money, since both the loan modification specialist and the attorney need to be paid for their services.

7. Homeowners are required to pay the loan modification specialists and attorneys for the services, provided. Many homeowners think that the cost will be included in the new loan amount, but this is not the case. Logically, lenders are already losing money when they agree to modify the loan terms and conditions for the homeowner, so, you can bet that they will not agree to “package” the costs of doing the loan modification into the new loan. That cost is paid by the homeowner, directly to the loan modification specialist and/or the attorney. The cost can range between $995.00 and $, 5000.00; as an average. Many loan modification specialist, senior loan officers and attorney firms can work out a payment plan, yet, many require at least 1/2 upfront before they start the loan workout. Understand, there is no guarantee that your loan modification or loan workout will be accepted. You will still have to pay your representation your agreed amount. A large percentage of loan modifications and workouts are accepted. So, it’s a good bet, since, most people do not want to loose their homes to foreclosure.

8. Loss mitigation representatives, (most often) do not require you to pay for a new appraisal. Instead, they have your representative provide census track data, a BPO (broker price opinion) or a print out of valuation from title company market sales data. 9. If you are in foreclosure and costs have been incurred from posting your foreclosure sales data, attorney fees, title costs or other costs; you could be liable for those costs, if our current lender requires it (as a requirement to the loan modification).

10. Loss mitigation departments may choose to approve you for a new loan which is (another adjustable or tiered -fixed loan). Be careful. Do your homework or “talk-it-over” with your representation.

FHA- Hope for Homeowners Program:

1. The federal housing administration (FHA) has required that all homeowners who become approved for this program accept a 30 year fixed rate program. No other loan types will be accepted. You can only qualify for this program.

2. FHA will loan up to 90% of the current value of your property. This means that if you purchased your property for a higher purchase price and currently have a loan amount higher than what the value of the property is presently, you can become approved to do a loan amount at 90% of what your current house is worth.

3. If you have more than a 1st trust deed lien (subordinate liens) on your property and your property value has severely, diminished; your current lenders may take the loss when you get approved under the “Hope for Homeowners Program”. Usually, the subordinate lenders loose, unless they purchase the primary lien. Most do not purchase the 1st trust deed lien. So, the subordinate lender takes a loose on their investment.

4. FHA’s goal is to keep as many homeowners in their homes. They understand that it would be better to do a loan for a homeowner rather than have that property go into foreclosure, be place into the retail real estate marketplace, causing a further degrading of the housing market.

5. The FHA underwriting guidelines are currently more liberal than any other loan guidelines in the current market. FHA is more forgiving in their approach to mortgage lending.

6. The FHA underwriting guidelines have not been disclosed. As October, 1st, 2008 approaches, lenders, processors and underwriters will have a more clear idea as to what is required to get a loan approval.

7. Homeowners will (probably) be required to pay for a new FHA appraisal, as a condition for loan approval and closing. Underwriting guidelines will determine if this is true. The average costs for an FHA appraisal is ranges, $300 – $450.

8. Income to debt ratios will be determined and posted in the underwriting guidelines. Consult your loan modification specialist or loan officer.

9. The loan servicing companies that service, sub-prime loans will (probably) be more inclined to accept a loan modification, since they will want to transfer the lien to FHA, rather than keep it on their books. They have taken huge losses and have an overwhelming desire to get rid if their current problems. Have patience with these lenders, since, they do not keep your actual loan documents at their facilities. They will have to request them. Many loss mitigation personnel are stressed and will want to make a determination as to your file, fast. This is an advantage to you! Work closely with your loan officer to get the items needed for loan submission.

10. If you live in a heavily populated area like Los Angeles, Orange County, San Francisco, Seattle, Portland, Denver, Miami, etc., you will more than likely have a higher percentage of success with a loss mitigation department. This is because there are more homes in foreclosure in concentrated housing areas.

11. Even though we have not seen the FHA underwriter guidelines, (since they have not been delivered to the underwriters) they will be available on or before October, 1st, 2008. We can expect that the guidelines will probably focus on a person ability to make the new housing payment and not the persons credit score. We call this “ability to pay”!

12. If you’re, FHA -”Hope for Homeowners Program” loan application is accepted by FHA; your current lender will still have to accept the condition which FHA places on the loan. This means that your current lender may to take a loss in equity by accepting the FHA loan buyout, offered.

13. The good news is that your current lender (already) understands that they will take a loss in equity, if the property goes into foreclosure. If they don’t accept the FHA buyout, they may have to place your foreclosed property into the retail sales marketplace. This means that they may have to pay a Realtor up to 6% commission, wait for the property to be purchased, incur additional holding cost, pay a gardener, electricity and water bills. All the while, they realize that the property will probably be reduced in value even more as additional foreclosure properties come on to the marketplace. This is not a rosy situation for them, so, most will realize that it would be better to sell the loan to FHA and take less of a financial loss.

14. The main benefit to your current lender in accepting the terms of a FHA buyout is that under the FHA guidelines, they can benefit from a portion of any equity gain in the property for up to 5 years, at the time FHA buys the loan. If the homeowner chooses to sell the home within the 5 year period after the close of the new FHA loan; the lender can participate in a percentage of any equity gain. This single condition will cause many lenders to accept the FHA loan buyout. Ask your loan officer for information regarding lender participation in an equity gains.

15. Many lenders are fully; “FHA approved lenders” and will require that your loan be recast within the FHA loan department of your current lender. Therefore, ask your loan officer if your current lender (note holder) is FHA licensed. This will save you time and headaches, since; many loan officers will try to do the loan on your behalf without determining if your current lender wants the new FHA loan on their own books. This may be a condition for an FHA loan approval, by your current lender. If our current lender is already an approved lender, they might as well sell the loan to FHA, direct, correct?

16. Third party cost like, attorney fees, loss mitigation fees, foreclosure posting fees, etc., will be absorbed by your current lender under the FHA – Hope for Homeowners Program. You will not incur these fees under the program. The lender will take this loss, too.

17. As part of the Foreclosure Prevention Act of 2008, 1st time homebuyers are encouraged to purchase homes between April, 2008 and July 2009. They can receive up to $7500 dollars in tax credits from the federal government. This program has been established to speed up the housing recovery by getting people to purchase homes. Additionally, it will cause home sellers to purchase homes, as well, since they are often “move up” buyers. This program is part of the overall attempt to correct the bad housing market.

18. Credit Score vs. Your Ability to Make the Payment: These two factors will be outlined in the underwriting guidelines. I would expect that the ability to pay will override the credit score issue, since, most people having problems making their housing payments, already, have degraded credit scores. Consult your loan officer for details.

Summary:

Loan Modification:

Consumers, now have several options to preserve home ownership. If one option does not work try the other. Remember, time is of the essence, so act promptly to give your self time to use one or both options.

1. Loan modification is a good option for many, if your have proper representation and get a favorable deal. 2. You will have to pay the costs for this type of loan modification. 3. You will not have to pay for an appraisal, in most cases.

Visit this site for more information: http://www.LoanModificationContacts.com

FHA – Hope for Homeowners Program:

1. This program may be a better deal for you, if your lender is no longer in business (sub-prime lenders and prime lenders). It can still be a great benefit to you if your lender is still in business and wants to remove some bad assets from their books (understanding) you might become one of those bad assets. Your loan officer can provide this information for you.

2. Since, FHA will go to 90% of the current value of your property; you can be the real winner. This simple fact means that you will have a better opportunity to qualify under a 30 year fixed loan and your housing payment will be more affordable, then what you are currently paying.

3. You will most likely, be required to pay for an appraisal. Ask your loan officer about this, since; the underwriting guidelines have not come out, yet.

4. You may or may not have to pay for the closing cost to procure the loan. It has not been determined, who actually pays for the closing costs. It will be in the underwriting guidelines, when they come out. Ask your loan officer.

5. Credit Score vs. Ability to Pay: Underwriting guidelines will determine these two factors. FHA underwriters will probably be more forgiving and weight their approval on your ability to make the monthly housing payment. We will have to wait for the underwriting guidelines. Ask your loan officer about these two factors.

Every day thousands of people show up for a job they hate. Is it because the work is knuckle-scrapingly hard? No. Is it because the job is mind numbingly boring? No. It is because every day someone at that place of work makes life miserable for that employee. It makes suffering through until days’ end almost unbearable. It rears its ugly head as discrimination, be it sexual, racial, ageism or religious. It’s a boss who sexually harasses an employee or someone who chronically tells lewd, unwelcome jokes in the workplace. It’s a fellow employee in the next cubicle who gossips, bullies, sabotages or belittles the accomplishments of his neighbor and the boss who allows such behavior.

What these people are experiencing is a Hostile Work Environment and the U.S. Government passed laws like Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of1967, and The Americans with Disabilities Act of 1990 to prevent such things.

In America, we have the inalienable right to the pursuit of happiness. We have the right to work a job without being made to suffer to do it. While women have long found themselves the focus of unwanted or unwelcome attention such as this in the workplace, they are not alone suffering this kind of humiliation in Hostile Work Environments. But with the sexual revolution of the 60’s and 70’s, as more women found their way into the workplace, they were the first to bring the problem of Sexual Harassment and Hostile Work Environment to the attention of the courts. With the awareness in the last two decades of the ramifications of bullying and incidents that inspired phrases like ‘going postal’, it would seem that this kind of situation should be lessening in the workplace. But every day, it goes on. Every day, employees reach their limits. They are desperate to keep their jobs in a worsening economy and are forced to swallow their anger.

So what constitutes a Hostile Work Environment? The phrase covers a rather narrow term of definition, legally. Yet it defines a workplace situation where an employee cannot reasonably do his or her job because of rude or hostile or sexual behavior in the workplace specifically directed at a particular protected class of employee. Harassment can come either from a boss, supervisor or from another employee, or by the management’s failure to deal with such situations.

In other words, a boss who is generally hostile and rude to everyone may not constitute a Hostile Work Environment, but a boss who targets a specific person who belongs to one of these protected classes may, in fact, constitute a Hostile Work Environment. A boss who uses rudeness or hostility, or discrimination to force an employee to quit his or her job so that the company is not forced to pay unemployment insurance to that employee may constitute a Hostile Work Environment. A Hostile Work Environment Attorney can bring a lawsuit against management that either refuses or fails to take action against such behavior after the harassed employee goes to management for help. However, the victim’s behavior will also be taken into consideration in a lawsuit. If a victim responds with hostility of his or her own, that can nullify any lawsuit. And the harassment must be ongoing and severe.

Hostile Work Environment Attorneys say that the perpetrators in Hostile Work Environment cases count on intimidation and the desperation of these employees to keep their jobs to forestall any legal action. Some, unbelievably, cannot even conceive of this as harassment. Some 35% of all women surveyed in a 2007 study claim they have been subjected to harassment of some kind in the workplace. It’s estimated that only 5%-15% of all Hostile Work Environment cases are ever even reported. This might be partly due to the fact that management is already aware of the problems in the ranks and have chosen not to act. Whistle blowers are often the target of management’s wrath and the ostracization of that employee by others. So it seems like a vicious Catch 22.

Kenneth Wygand, a Los Angeles accountant, found himself the unwelcome target of Harassment by a boss who learned of Kenneth’s homosexuality. Kenneth became the brunt of office jokes and was intentionally left out of meetings. When he complained to a partner in the firm, he was assured that something would be done, but nothing was, and afterward, was characterized as ‘difficult.’ His supervisor continued to harangue Kenneth, pushing him to quit, rallying the other employees to ostracize him as well for fear of losing their own jobs. He was given terrible reviews and missed out on salary increases. But the boss simply defended his actions, saying that Kenneth was not performing up to standards. Out of desperation, Kenneth consulted a Hostile Work Environment Attorney and sued his former employer, and won a sizable case.

The fear of losing ones job is a powerful force. So many remain silent in the face of this destructive and debilitating behavior. But if the situation warrants, an experienced Hostile Work Environment Attorney can be your advocate where there is none in the workplace. If you feel you are a victim of a Hostile Work Environment, contact a Hostile Work Environment Attorney who specializes in workplace harassment issues who will help you get the compensation you deserve.

It’s a growing phenomenon: as more timeshare owners try to exit their contract, they are facing down some startling fine print. When digging into the fine print, you may just hit on a shocker.

There’s no easy way out of a timeshare contract.

In fact, it might prove difficult to show that there are nearly any exits at all. Unless you’re able to sell your timeshare, there are few, if any, alternatives.

You’re saying to yourself: that doesn’t sound right. I can always give back my timeshare to the resort.

Well, that’s where we go back to the timeshare contract. There are no words in the timeshare contract that explicitly state that the resort must take back the timeshare. Instead, it says the opposite. Your vacation home is your property, and if you don’t like it, there is little you can do about it.

So now you probably feel like you’re stuck. There’s this timeshare weighing you down, keeping you from enjoying financial freedom, and there’s nothing you can do.

Well, thankfully, there are some solutions.

The simplest and best way out of a timeshare contract is going to be to utilize a fee service that will get rid of the timeshare for good. This means that all the maintenance fees and any other billings are take off your shoulders. Your name will be off the deed forever. In order to take your name off the contract, you’re going to have to go with a timeshare company that has a guaranteed exit solution and has a stellar rating with the Better Business Bureau. For those unfamiliar with the BBB, you can check out their website for more information. Doing a search will allow you to check on the claims made against the company, and to see if they were resolved satisfactorily. Some of the timeshare removal companies that have excellent ratings with the BBB are Timeshare Relief and Transfer Smart.

Single parent family households have become a common occurrence in the United States, and the number of these types of households has been on the rise for the last several decades. Currently in the United States, according to single parent family statistics, there are over 13 million single parents. Many of these parents do not choose to be single, but due to life circumstances such as divorce or separation, abandonment by a spouse, or death of a spouse, they find themselves raising their children alone. Nearly 85 percent of these households are headed by a female, while the remaining households are headed by a male. The vast majority of both female and male single parent households are either divorced or separated. Approximately one-third of female single parents have never been married, and less than a quarter of female single parents are remarried. Almost a quarter of single parent fathers remarried, while only about 18 percent of single fathers have never been married. Approximately 1 percent of single parents, both men and women, find themselves single parents as the result of the death of a spouse.

As single parents, both men and women face difficult, complicated decisions. Most single parent mothers and fathers work full-time jobs. However, according to single parent family statistics, even though the majority of mothers work full times jobs almost a third of these families live in poverty and approximately the same percentage receive public assistance. According to statistics, approximately 11 percent of single fathers live in poverty. In essence, about three times more single parent females live in poverty than their single male parent counterparts. These reasons could be explained by a myriad of factors, one being the discrepancy in pay between men and women in the workforce. Income is certainly not the only obstacle faced by single parent families but it may be one of the most stressful and challenging obstacles.

The health, education and behavior of children from single parent families can be adversely impacted by the absence of a parent. This is not to say that all children from single parents will suffer consequences such as these, but there is a greater chance that children from single parent families will face these issues. According to a report completed in 2005, about 63 percent of children in the United States grow up with both biological parents. That means that approximately 37 percent of children in this country grow up without both biological parents, which is reported to be one of the highest rates in the western world. Single parent family statistics indicate that black children are more likely than Asian, Hispanic and non-Hispanic white children to grow up in a single parent family or a family where both biological parents are absent. Incidences of teen pregnancy, suicide, and drug abuse are higher among children from single parent homes. In addition, children from single parent families are more likely than their counterparts to drop out of high school, go to prison, or runaway from home.