|
If you know about the harmful effects of something, why aren't you wearing proper PPE?
|
#
?
Jun 9, 2011 07:47
|
|
|
|
| # ? May 16, 2024 11:30 |
|
|
its simply not provided, we only just found out through our own research after people started feeling ill, and the company asked us to sign a dont sue us document in return for a cash payout
|
|
#
?
Jun 9, 2011 08:13
|
|
|
Electric Apathy posted:its simply not provided, we only just found out through our own research after people started feeling ill, and the company asked us to sign a dont sue us document in return for a cash payout Where are you?
|
|
#
?
Jun 9, 2011 09:46
|
|
|
Electric Apathy posted:I have a question about workplace safety, if an employer does not provide proper personal protective equipment when working with machinery or chemicals, if there a case for compensation? even if there is no apparent health effect (yet), im talking things that could in the future cause birth defects or cancer, and that are listed as harmful substances in chemical databases and manufacturer specs I know almost nothing about employment law, but my first thought would be to check here: http://www.osha.gov/html/Feed_Back.html They have a number and as well as an E-mail address for workplace safety questions. Might be worth a call to see if you are in an unsafe working environment. You should have the names and info on the chemicals handy if you call. It's way too late and I didn't check the next page. If people are starting to feel sick definitely contact someone at OSHA or a local attorney, or both. If this stuff is really that dangerous you need to talk to an expert quickly. Soylent Pudding fucked around with this message at 11:09 on Jun 9, 2011 |
|
#
?
Jun 9, 2011 10:59
|
|
|
Electric Apathy posted:I have a question about workplace safety, if an employer does not provide proper personal protective equipment when working with machinery or chemicals, if there a case for compensation? even if there is no apparent health effect (yet), im talking things that could in the future cause birth defects or cancer, and that are listed as harmful substances in chemical databases and manufacturer specs If you were in the UK there would be. Under the Health and Safety Act 1974 and the Provision and Use of Work Equipment Regulations 1998 it is the responsibility of the employer to provide necessary PPE to undertake jobs that require it. You should however make it known to the employer that you require PPE as you to would have responsibility to protect yourself under I think section 7 of the Health and Safety Act. Anyway I have a question regarding a criminal record in the UK. I was charged and fined for criminal damage in January 2009 in Scotland during a particularly bad time in my life. I realize that the conviction will become spent after five years however I was wondering if there was anyway to hasten this or perhaps find some way of overturning the conviction. I believe at the time I did not get the best advice from the court appointed lawyer and as I am applying for jobs again (have actually just got a graduate position) I hope it doesn't rear it's ugly head. Anyway advice would be much appreciated. Thought I'd just mention as well that a friend was able to write to the police and have them erase his record for assault because he was having a hard time in coming out. This was also in Scotland. Can this be done?
|
|
#
?
Jun 9, 2011 11:01
|
|
|
Aginor posted:Anyway I have a question regarding a criminal record in the UK. I was charged and fined for criminal damage in January 2009 in Scotland during a particularly bad time in my life. I realize that the conviction will become spent after five years however I was wondering if there was anyway to hasten this or perhaps find some way of overturning the conviction. I believe at the time I did not get the best advice from the court appointed lawyer and as I am applying for jobs again (have actually just got a graduate position) I hope it doesn't rear it's ugly head. Anyway advice would be much appreciated. Scots law is different to that of England and Wales so be advised that I don't have any particular confidence in this answer: 1. There's probably nothing you can do. Even if you had grounds to appeal you are well out of time to do so. 2. Your friend probably had an official caution or warning or other administrative penalty rather than a conviction, so there would have been discretion to do that.
|
|
#
?
Jun 9, 2011 11:59
|
|
|
Alchenar posted:Scots law is different to that of England and Wales so be advised that I don't have any particular confidence in this answer: Yeah thought as much about the right to appeal. Had I been that that option was available to me I would have done so. I got the worse advice during that period and wasn't in any great condition to be figuring it out for myself. That makes sense. I believe that the police were the ones that pressed the charges rather then the victim. I mean in the grand scheme of things I didn't really do anything before or after the conviction so it is the only thing on the record and I live in England now so I wonder if they could take something like that into consideration. Perhaps I just have to hope that Scotland goes independent.
|
|
#
?
Jun 9, 2011 12:35
|
|
|
TheWordOfTheDayIs posted:"quiet use and enjoyment" isn't literal, its a legal term of art that means that your right to use the property isn't interfered with in unreasonable ways. Theoretically your legal remedies are to sue the guy upstairs for "nuisance" or sue the landlord for some express or implied breach of the lease contract. In reality, there's not much you can do - even if you sue, some low-level magistrate judge will probably say "if you're unhappy, why don't you move out." Unfortunately that's rather what I thought; I am currently taking the "be super cool" route, especially since I don't blame my neighbors for anything they're doing and the staff at the complex is really nice and helpful. Here's hoping they take sympathy. Thanks for the reply!
|
|
#
?
Jun 9, 2011 15:39
|
|
Don't get your hopes up.
|
Electric Apathy posted:the company asked us to sign a dont sue us document in return for a cash payout Nobody does this out of the goodness of their heart. I know nothing about the law in this area, but this right here means that yes, you have a legal claim. Talk to a doctor, then an attorney. (You don't want it to look like you're more interested in money than your health.)
|
|
#
?
Jun 9, 2011 18:21
|
|
|
Electric Apathy posted:its simply not provided, we only just found out through our own research after people started feeling ill, and the company asked us to sign a dont sue us document in return for a cash payout You need to not sign anything and talk to a personal injury lawyer. If you can, get a copy of the contract the company asked you to sign. If the company has deep pockets the lawyer may be able to get you a much better deal. Don't be intimidated into signing without seeing a lawyer first, the worst they can do is fire you, which means you can sue for wrongful termination as well.
|
|
#
?
Jun 9, 2011 18:25
|
|
|
Update about my friend: His charge was dropped to a misdo petty theft. He's got probation and fines.
|
|
#
?
Jun 9, 2011 19:34
|
|
|
Aafter posted:His charge was dropped to a misdo petty theft. He's got probation and fines. But he still talked to a public defender, right? Right? Probation and fines sounds like unicorns and lollipops compared to felony burglary, but something that leaves him with no criminal record whatsoever should be possible if this was truly his first offense.
|
|
#
?
Jun 9, 2011 20:01
|
|
|
Does anyone know what the legal situation surrounding drinking and cycling in the UK is? A friend recently visited me on his bike and described how he'd cycled here whilst actively drinking beer - this didn't seem like something that would be allowed but I don't know for sure.
|
|
#
?
Jun 9, 2011 20:40
|
|
|
This thread is a great read, even without any legal questions! But I have one. I am suffering from very mild illness suspected to be caused by longish-term (1+ year) inhalation of rat poison vapor. If confirmed, the cause was a series of three mistakes. 1. The city placed rodent traps in foliage outside my apartment, including one beneath a ground-floor window. They forgot to collect or check the traps. 2. This particular trap cracked open. Because of its placement, it was probably stepped on by an apartment community maintenance worker or cable guy or someone. 3. A long, thin, horizontal gap beneath the window sill allowed the air conditioning to pull vapors into the apartment during warm months. For the time being I don't need compensation to cover medical costs as I have good health insurance. I also don't feel that the city or the apartment complex made any mistakes they need to be punished for. However should the illness turn out to be worse than it currently seems or for whatever reason I find myself without insurance, I want to be in the best position to seek compensation. Would I have a valid claim? Who would be the target: the city or the apartment community? (It's worth mentioning that the city is involved because the apartment community is located on wildlife reserve land and the staff is very limited in their pest control options.) What can I do now to make sure I don't have a "should'a" moment in 6 months? I could get copies of the maintenance statement from when the apartment community caulked the gap and removed the city's traps. I suppose I could try to find information on when the traps were actually placed. What sort of paperwork should I get and file away in case I need it? Edit: I'm in Florida.
|
|
#
?
Jun 10, 2011 01:08
|
|
|
Very Nice Eraser posted:However should the illness turn out to be worse than it currently seems or for whatever reason I find myself without insurance, I want to be in the best position to seek compensation. "Would I have a valid claim" is too nuanced a question to answer here. Also, you don't pick your target, your lawyer does. Bring all your documents, pictures, etc to the lawyer, let him sort it out. That's what he gets paid his third of your judgment for.
|
|
#
?
Jun 10, 2011 01:25
|
|
|
BigHead posted:"Would I have a valid claim" is too nuanced a question to answer here. Also, you don't pick your target, your lawyer does. Bring all your documents, pictures, etc to the lawyer, let him sort it out. That's what he gets paid his third of your judgment for. Yeah, I wondered if I should take that part back. But the rest of my question still stands. What should I be collecting? I have a couple camera phone pictures of the trap. What else would be good to have? I really don't expect to have to go after anybody, I just don't want to look back in 6 months and think "oh shoot, I should have gotten a statement from the city!" or whatever.
|
|
#
?
Jun 10, 2011 03:11
|
|
|
Very Nice Eraser posted:3. A long, thin, horizontal gap beneath the window sill allowed the air conditioning to pull vapors into the apartment during warm months. Air conditioners recirculate air that's already in the house, unless you have a strange air conditioner. The only use outside air to cool themselves. *not a lawyer*
|
|
#
?
Jun 10, 2011 03:27
|
|
|
Anjow posted:Does anyone know what the legal situation surrounding drinking and cycling in the UK is? A friend recently visited me on his bike and described how he'd cycled here whilst actively drinking beer - this didn't seem like something that would be allowed but I don't know for sure. Surprisingly, it's legal to drink and ride a bike (I googled this recently) Seems that as a bicycle is not classed as a motor vehicle, there's not a problem with being tanked and riding one.
|
|
#
?
Jun 10, 2011 03:29
|
|
|
fordham posted:Air conditioners recirculate air that's already in the house, unless you have a strange air conditioner. The only use outside air to cool themselves. Well, I'm simplifying as that's not really the point of my question. I imagine that the gap was enough to allow air to exchange (and due to natural features there's often a lot of wind around that side of the building). The AC probably was just mixing the vapors into the rest of the house, whereas during the cooler months the weather here is calmer and the air in the house doesn't circulate much (no heat needed). In any case there were other hints, such as the sickly sweet smell of death spreading through the apartment, which quickly faded away after the traps were removed and the gap sealed. And the symptoms line up, according to my doctor. But like I said, it's not confirmed yet; my labs are being processed and I have some more tests to do. There's some other possibilities too. Anyway, sorry for the derail. Back to the legalese!
|
|
#
?
Jun 10, 2011 04:32
|
|
|
srsly posted:But he still talked to a public defender, right? Right? If he has probation for a first theft, his first theft was a goddamn doozy or he didn't talk to a lawyer. It may not be too late to withdraw his plea if he didn't have a lawyer, he should talk to one now. A 484 convict will make him virtually unemployable for a while. Anyone who pleas to a real crime without a lawyer is being loving stupid as poo poo. Life altering consequences. spog posted:Seems that as a bicycle is not classed as a motor vehicle, there's not a problem with being tanked and riding one. In the states it isn't a DUI, but it is still a crime (though under a different statute) nm fucked around with this message at 04:54 on Jun 10, 2011 |
|
#
?
Jun 10, 2011 04:48
|
|
|
Very Nice Eraser posted:Yeah, I wondered if I should take that part back. But the rest of my question still stands. What should I be collecting? I have a couple camera phone pictures of the trap. What else would be good to have? Well, I didn't phrase it correctly, but my point was that this isn't your straight forward car accident personal injury lawsuit. This lawsuit takes nuance. Anyone can take a guess and say "negligent exposure to rat poison" is actionable, and poo poo if he accidentally put it in your delicious Jello one morning during breakfast it would be an easy answer. But this is nuanced, with nuanced medical damages. You need to talk to a lawyer about what you need to do. On another level, this may be the type of claim that is too nuanced for a lawyer to deal with profitably without extra compensation. In which case, going to a lawyer will give you that information. Long story short, find a solid Personal Injury lawyer and spend 15 mins going over the basics. BigHead fucked around with this message at 07:47 on Jun 10, 2011 |
|
#
?
Jun 10, 2011 07:44
|
|
|
BigHead posted:On another level, this may be the type of claim that is too nuanced for a lawyer to deal with profitably without extra compensation. In which case, going to a lawyer will give you that information. Long story short, find a solid Personal Injury lawyer and spend 15 mins going over the basics. I've never had to see a lawyer before. Should I expect to pay for a quick consultation like that?
|
|
#
?
Jun 10, 2011 10:54
|
|
|
BigHead posted:On another level, this may be the type of claim that is too nuanced for a lawyer to deal with profitably without extra compensation. In which case, going to a lawyer will give you that information. Long story short, find a solid Personal Injury lawyer and spend 15 mins going over the basics. I wouldn't take this case without massive damages. Proving causation looks like it will be a nightmare. Very Nice Eraser posted:I've never had to see a lawyer before. Should I expect to pay for a quick consultation like that? No. See if your local bar association has a referral service. Those usually provide a free (or very low cost) initial consultation.
|
|
#
?
Jun 10, 2011 11:07
|
|
|
Solomon Grundy posted:I wouldn't take this case without massive damages. Proving causation looks like it will be a nightmare. Thanks! I'll give it a shot. With any luck I'll be back in full health in a month or so and there won't be any need to go any further than the consultation. And now for a completely ridiculous question, but one I'm curious about. Once upon a time I participated for a few years in a volunteer "teen court" program, wherein teenagers who admitted to a misdemeanor upon first questioning were given the option to be sentenced by a court of teenagers (with local attorneys supervising). Volunteers such as myself acted as prosecution and defense, as well as bailiffs, clerks, etc. The jury was made up of volunteers and former defendants from the program. It was a great experience, even though my interests drifted away from law in high school. The protocol was opening statements, examination of the defendant, and closing arguments. In each, the prosecution would go first, followed by the defense. This meant that the defense had the last chance to make the jury opt for some easy punishment (typically a mix of community service hours, scared-straight programs, etc). However, in that bastion of legal protocol Law and Order, the opening statements vary in order and the prosecution almost always concludes the trial with their closing arguments. Now nobody ever cracked a law book during a Teen Court hearing. And Law and Order obviously can rearrange the trial for dramatic effect. So what is the order of events in a criminal trial or sentencing hearing? Is it always the same? Does it vary depending on the district? The judge? Is it negotiated? Has television been lying to me?!
|
|
#
?
Jun 10, 2011 20:26
|
|
|
State: Washington My wife and I have decided to divorce, and we're amicable about everything that we can think of so far. Since we have a minor child and a house that's under water in the current market, I think it's a wise idea to get a lawyer to help us with the paperwork. I have no idea where to start, especially to find someone who's willing to represent the both of us (I am aware we may need to waive some things as said in earlier posts in the thread). Anybody have any recommendations of where to start looking for a lawyer? Thanks for any advice.
|
|
#
?
Jun 10, 2011 20:44
|
|
|
Very Nice Eraser posted:So what is the order of events in a criminal trial or sentencing hearing? Is it always the same? Does it vary depending on the district? The judge? Is it negotiated? Has television been lying to me?! Prosecution goes first on everything because it's their burden of proof. Except when the defense calls witnesses. Those get examined by the defense first. Prosecution gets a "rebuttal" after defense's closing argument.
|
|
#
?
Jun 10, 2011 20:59
|
|
|
Cruseydr posted:State: Washington I'm neither a lawyer nor do I live in Washington but I just did all this stuff. I don't think sharing a lawyer is actually a thing that happens. Whichever one of you files is the one who needs to hire an attorney. They can mediate between the two of you and type up things however you decide, but he still only represents one of you. It's also in the other party's best interest to have their own lawyer look over the documents before signing them (my ex didn't do this, but we also didn't have kids or real estate.) I paid  for two lawyer referrals from the Dallas bar but one took a week to return my calls and the other was an rear end in a top hat who seemed like he wasn't interested in my business. I ended up just using a family lawyer in my area from google searches and he was very easy to work with. The benefit of using these high volume law offices seems to be that they have seen everything.
|
|
#
?
Jun 10, 2011 22:12
|
|
|
Electric Apathy posted:I have a question about workplace safety, if an employer does not provide proper personal protective equipment when working with machinery or chemicals, if there a case for compensation? even if there is no apparent health effect (yet), im talking things that could in the future cause birth defects or cancer, and that are listed as harmful substances in chemical databases and manufacturer specs In most states employers are completely immune to lawsuits for workplace injury to workers. This typically includes toxic substance exposure. Worker's compensation is ordinarily the only remedy.
|
|
#
?
Jun 10, 2011 23:08
|
|
|
Pretty simple: I have a friend with two deferred violent felonies (of the lowest severity/degree but who cares), and Florida state law only allows to seal one deferred case in a lifetime. He is going to college for computer science or something. Is his life completely hosed and worthless now? Should he just stop wasting time and drop out?
|
|
#
?
Jun 11, 2011 01:27
|
|
|
mantralord posted:Pretty simple: I have a friend with two deferred violent felonies (of the lowest severity/degree but who cares), and Florida state law only allows to seal one deferred case in a lifetime. He is going to college for computer science or something. No, and no, frenemy. In my state (not Florida) there are a half dozen ways to go about trying to make the expungement process work. Your friend needs to go see an attorney who has experience with the expungement process and the pardon process.
|
|
#
?
Jun 11, 2011 02:57
|
|
|
Hello goon lawyers! I have a quick question for you: I would like to make a complaint about my local PD. I know that one of my actions is possibly to file with local Internal Affairs, but I doubt that would make any difference as they are ran by the PD I want to make a complaint about. What are my other options?? More detail here if you want to hear the whole story: http://forums.somethingawful.com/showthread.php?threadid=3418235 Thanks!
|
|
#
?
Jun 11, 2011 18:06
|
|
|
You sound like you're a crazy person, honestly. Anyways, file a complaint with the department. You're right in that it probably won't do anything, but if a stack of complaints against a particular officer gets high enough, it can be useful for defense counsel, and may actually be acted upon by the police. There might be some kind of civilian tribunal or oversight committee in your area, but I doubt it. You might try the media, but again, you kind of sound like a crazy person.
|
|
#
?
Jun 11, 2011 18:47
|
|
|
This is a stupid question, but I've never had to hire a lawyer before. When it becomes obvious that I need a lawyer, how do I get a (good) one on short notice? If I don't have a few days to do research on who is the best lawyer in town, do I just pop open the phonebook and call the first law office I see? Do I just say something along the lines of "I'd like to hire lawyer?" And I've heard that hiring an attorney can be expensive, but exactly how expensive are we talking? Any more information about the actual process of hiring a lawyer would be welcome. Thanks. EDIT: Doh, missed the LRS links in the OP. My other questions still stand. ForgetfulFunctor fucked around with this message at 19:05 on Jun 11, 2011 |
|
#
?
Jun 11, 2011 18:48
|
|
|
ForgetfulFunctor posted:This is a stupid question, but I've never had to hire a lawyer before. When it becomes obvious that I need a lawyer, how do I get a (good) one on short notice? If I don't have a few days to do research on who is the best lawyer in town, do I just pop open the phonebook and call the first law office I see? Do I just say something along the lines of "I'd like to hire lawyer?" And I've heard that hiring an attorney can be expensive, but exactly how expensive are we talking? Dunno, do you need a contract reviewed? Couple hundred bucks probably. Need a trial run on an indictable offense? Tens or hundreds of thousands. It really depends what you need done
|
|
#
?
Jun 11, 2011 20:12
|
|
|
hypocrite lecteur posted:Dunno, do you need a contract reviewed? Couple hundred bucks probably. Need a trial run on an indictable offense? Tens or hundreds of thousands. It really depends what you need done So if a working class guy needs a "trial run on an indictable offense," is there anything they can do to avoid getting financially destroyed? I suppose there are always public defenders. But isn't it always better to have a private attorney than a public defender? Some information about making the public defender versus private decision would be great, thanks.
|
|
#
?
Jun 11, 2011 20:16
|
|
|
It really depends. Contact the legal aid or public defenders office near you, I'm sure the staff there can tell you what the requirements are to qualify for assistance. You may get free representation, you may have to pay for some of it, or they may tell you that you make too much or have too many assets, gently caress off and go get a private lawyer If you do need a criminal defense lawyer and don't qualify for legal aid, hit the family up, mortgage your house, whatever it takes. How much money would you pay to stay out of prison for even one day less (the answer for me personally is "all the money I got and could beg borrow or steal") In Canada if you can't afford a lawyer and were shut down for legal aid and you're facing a serious charge and a lengthy or complex trial there's a way to apply to have the government foot your legal bill. I'd imagine it's similar in the states but I dunno also: in my opinion, a rank and file legal aid lawyer is odds on to be more experienced and talented than most solo or small firm crim practitioners that you can afford if money is a concern. someone working legal aid is probably not going to be johnny cochrane, but you can basically be guaranteed that they have a lot of experience and are competent, which is saying a lot hypocrite lecteur fucked around with this message at 20:29 on Jun 11, 2011 |
|
#
?
Jun 11, 2011 20:24
|
|
|
hypocrite lecteur posted:It really depends. Contact the legal aid or public defenders office near you, I'm sure the staff there can tell you what the requirements are to qualify for assistance. You may get free representation, you may have to pay for some of it, or they may tell you that you make too much or have too many assets, gently caress off and go get a private lawyer Assuming someone is on the borderline, should one prefer a public defender or private attorney? I've heard that public defenders are unable to give the best defense because they are overworked, but I've also heard that because only the most morally sound, die hard, tough lawyers are public defenders, that sometimes a public defender can be better than a bad lawyer trying to make a buck. Could you give your perspective on this?
|
|
#
?
Jun 11, 2011 20:30
|
|
|
Answered that in my edit. A public defender will probably have less time to spend on your case, but will almost certainly have plead out and run literally a hundred trials of whatever you're accused of. Their actual work load or competence may depend on the particular public defenders office you're looking at, but that's my view on it
|
|
#
?
Jun 11, 2011 20:33
|
|
|
Out of curiosity, what separates a good criminal defense lawyer like Cochrane from a mediocre one? Is it just knowledge of the law, experience, and charisma, or are there more subtle things?
|
|
#
?
Jun 11, 2011 20:37
|
|
|
|
| # ? May 16, 2024 11:30 |
|
|
ForgetfulFunctor posted:Out of curiosity, what separates a good criminal defense lawyer like Cochrane from a mediocre one? Is it just knowledge of the law, experience, and charisma, or are there more subtle things? Honestly, the most important factor is the lawyer's reputation among the prosecutors and judges, because that will strongly influence negotiations for your plea.
|
|
#
?
Jun 11, 2011 20:40
|
|