Attorney Blog

Toyota Expands Recall for Tundra Pickup Trucks With Corrosion Problems

Wed, 10 Mar 2010 08:00:00 EST

Toyota announced that they will be expanding a recall that was originally issued for 2000 to 2003 Toyota Tundra pickup trucks in 20 cold weather states across America will now be expanded to include all 50 states.

The 2000 to 2003 Toyota Tundra was originally recalled last year because the trucks were having issues with corrosion which was specifically effecting the vehicles underside where the spare tire is kept, brake lines and the fuel tank straps. When the problem was originally discoved and Toyota recalled the trucks last year they thought the recall only needed to be recalled in "cold weather states" that would add to how fast the trucks would corrode but now Toyota has received more complaints from places other than "cold weather states" and has decided to issue a nationwide recall for the Tundra.

It has not yet been determined how many vehicles are involved in this additional recall of the 2000 to 2003 Toyota Tundra.

If you have any questions regarding the recalled truck call Toyota at 800.331.4331 to discuss the pickup truck corrosion problems.

3 Tips On Purchasing a Home In New York If You Don't Have Enough Money Saved for the Downpayment

Wed, 10 Mar 2010 08:00:00 EST

Purchasing a home may seem like it is an impossible task for some people, especially for those who have never owned a home before. Sometimes it can be challenging to find the perfect home but even more of a challenge to some may be saving up money for a downpayment on a house.

Downpayments for homes in New York is generally 10% of the purchase but can be higher or lower depending on the seller of the home. You may find yourself in a dilema because you want to purchase a home and want to take advantage of the homebuyer tax credit, low interest rates and low housing prices but do not have enough money saved up right now for the downpayment amount.

Here are some tips that may help you get the money for the downpayment amount you need so that you can purchase a home and take advantage of the first time homebuyers tax credit of up to $8,000 before the time is up on April 30, 2010 (must be in contract by this date):

If you see a house you are interested in find out how much they are asking for the downpayment amount if it is a little too pricey for what you are looking for in a downpayment amount but you are able to handle the monthly payments it would cost for the mortgage of the house try to negotiate with the seller to find out if they would be flexible with the downpayment amount and lower it slightly;
If you get a lump sum of money back for taxes and are expecting your refund to arrive soon you may want to consider using the money you get back from taxes for a downpayment on a home;
If you do not have enough for a downpayment on a house and are looking to purchase a home in New York City (Staten Island, Brooklyn, Manhattan, Queens and the Bronx) you may be eligible for assistance with your downpayment amount with the HomeFirst Downpayment Assistance Program.

Construction Worker Injured While Working at Curtis High School in Staten Island NY

Wed, 10 Mar 2010 08:00:00 EST

SILive is reporting that a construction worker fell into an unfilled pool at Curtis High School in Staten Island, NY.

It is unknown yet exactly what injuries he suffred.

If you were injured due to the negligence of your employer call 800.976.4904 to speak with a Staten Island, NY workers compensation lawyer to find out if you are eligible for workers compensation benbfits.

How to Determine If Your Work Injury Qualifies You for Workers Compensation Benefits

Tue, 09 Mar 2010 08:00:00 EST

If you were recently injured at work or while doing something work related you may be wondering if you are eligible to receive worker's compensation benefits and, if so, how much. While the only person who can help you fully understand the answer to your question and can help you determine if your work inury situation allows you to collect workers compensation benefits here are some tips that may help you gather a basic understanding for what qualifies you for work inury benefits.

Determine whether you got hurt at work because of your employers negligence or because of your own negligence;
Determine whether you were doing your job when you were injured or whether you were simply on your job's premises when you were injured;
Determine if your injury is due to an accident or if it is a build up of things that caused the condition to occur;
Check to see if your company has a manual that states information about worker's compensation benefits and your company;
File a claim in a reasonable amount of time (especially if you do not go to the emergency room)

Determining the answer to all of the above questions will help you understand if you are qualified for workers compensation benefits. Not all workers compensation cases are cut and dry and some require hiring a workers compensation attorney to ensure that you are able to collect money for your work related injury. To speak with Frank J. Dito Jr. Staten Island workers compensation lawyer call 800.976.4904 or fill out our contact form.

Franchising in the New Economy: Quiznos Expands to Convenience Stores and Gas Stations

Mon, 08 Mar 2010 08:00:00 EST

In an effort to adapt to the new post-recession economy Quiznos has decided to open up small locations inside of convenience stores and gas stations.

According to studies done by the NPD Group it showed that since 2007 restaurant sales have been slowing down and then last year they restaurant sales dropped by 3% whereas convenience store sales have rose every year steadily by 1%. The reason that many annalists believe this has occurred is because the recession has caused many people who would normally treat themselves to a meal out every once in a while are not able to afford such luxuries anymore and have steadily been avoiding going to restaurants.

Quiznos has decided to begin placing small Quiznos franchise locations inside of convenience stores and gas stations in order to increase their profit and to make an attempt to regain some of the 3% of food sales that have dropped since last year.

Quiznos plans to open 700 additional small in-store locations by 2012 in addition to the 125 locations that already exist.

Companies such as Quiznos and many other food based franchises have decided to go about expanding their franchises and growing their sales numbers by bringing the food to the people who may not be likely to go to their food store.

Adapting to the new economy is something that is necessary after a recession and unless it is done it will be hard for you as a franchisor to keep up with your competitors edge which will be making yourself more available to the consumer.

How Dangerous Is a Mild Traumatic Brain Injury? New Study Shows That Effects May Not Be So Mild Afterall

Mon, 08 Mar 2010 08:00:00 EST

A recent study performed by the Center for Brain Injury and Repair and by the University of Pennsylvania School of Medicine shows that mild traumatic brain injuries (mTBI) may not be so mild after all. The study presented findings of the molecular mechanism that is in play when dealing with a mild traumatic brain injury.

In the study it was found that those suffering from a mild traumatic brain injury show stretching and disconnecting of nerve-cell axons after mTBI induces problems in sodium channels on the surface of neurons. This study has not shown enough results so far to conclude as to what the findings are and in what situations they occur in exactly so as of right now the study continues on and they hope to soon find ways to better prevent, diagnose and treat mild traumatic brain injuries.

Every year 1 million or more people suffer from a mTBI but most people do not understand the severity of them. Hopefully this study along with other and the promotion of mTBI prevention will help people understand the importance of preventing mTBI especially in sports.

Mild traumatic brain injuries are not a mild situation or a mild injury at all. If you or a family member has suffered from a mTBI it is important to seek proper help from a doctor and an experienced injury lawyer if the injury was due to negligence. To speak with an injury lawyer call 800.976.4904 or email us and we will be happy to go over your case with you free of cost.

Toyota Vehicles Still Having Acceleration Problems Even After Dealership Does Recall Repairs

Fri, 05 Mar 2010 08:00:00 EST

According to a recent report released by the National Highway Traffic Safety Administration (NHTSA) they have received quite a few reports from Toyota owners who have had their vehicles serviced by the Toyota dealership for the accelerator recall issue and are still having problems with the car randomly accelerating on its own and in some cases to dangerously high speeds causing injuries and damages to the vehicles. In fact, the NHTSA has already received more than 60 drivers complaining of their vehicle still having acceleration problems as listed in the recall after the car was already repaired for the acceleration problems.

In light of the new information that the NHTSA has learned of recently they have asked Toyota dealerships and Toyota Corp to inform them of any similar complaints they may have received directly from Toyota owners themselves regarding the same issues.

The NHTSA will be contacting all of the Toyota owners who sumitted complaints to them to discuss the issues they are experiencing. Normally the NHTSA does not contact the complaintants individually but in this instance they are going to contact all 60+ individuals, some of which were involved in accidents and injured due to the high speed acceleration problem, who filed complaints in the past couple of weeks to try to obtain more detailed information from them about the problems they are experiencing.

If they NHTSA finds appropriate after speaking to all of the owners who complained of still experiencing problems the NHTSA will have Toyota consider a different fix for the acceleration problem that so many Toyota vehicles were recalled for. To date approximately 1 million Toyota vehicles have had their acceleration problem "fixed" by Toyota dealership but whether or not the issue is really fixed will have to be determined by the NHTSA.

If you have been injured by or experienced any issues with your Toyota vehicle that has already had the fix done to it for the acceleration problem you should call 888.327.4236 or you can fill out the NHTSA complaint form.

Baby Died Because of a Forcep Injury

Thu, 04 Mar 2010 08:00:00 EST

When you are pregnant and it is time for your child to be delivered you usually think that the doctor who is treating you probably knows what is best for you, your baby and the delivery process. While this is true most of the time it is not always true. Some doctors, although this is not right to do, are very concerned about keeping the number of cesarian or c-sections low and the number of vaginal deliveries high. This can create a situation where the doctor may not want to do a delivery as a c-section because of their vaginal delivery "rating". This is never good and if the situation is complicated enough can result in severe injuries to the baby and/or the mother delivering the baby.

There recently was a story in the news that is a scary reminder of the fact that not all doctors are out to help their patients and not all doctors make the right decisions and when they are negligent in their decisions or if they make poor decisions it can result in injuries and even death. The story that was recently in the news was about a couple by the name of Craig and Beatrix Campbell who had been trying for years to have children and finally she got pregnant after both underwent surgery and went through the process of in vetro fertilization but the family would have never imagined that they would lose their precious daughter to a birth injury that could have been avoided. Beatrix finally became pregnant but went two weeks past her delivery date and had to have her labor induced. The baby was not turned the right way and after hours upon hours of her pushing to try to get the baby out she asked for a c-section but the doctors at the hospital would not perform a c-section on her instead they pushed for her to have the baby turned and then she would continue to try to push. It turned out that the way they wanted to turn the baby was with forceps. The hospital allowed a junior doctor to do the procedure on his own for the first time while the senior doctor helped others in the hospital deliver. When the doctor attempted to turn the baby he turned the baby's head but not her body which resulted in her suffering a severe spinal cord injury. The baby was unable to breath on her own or move aside from a few facial expressions. After three days of being on life support the baby died.

Stories like this are not what happens to the majority of the population who give birth but it does happen way too often and forceps raises the chances of injuries happening to the baby or to the mother. Most common injuries that usually occur is bruising and scratches but there are instances such as this case where there are far more severe complications than the normal warnings call for. There are approximately 31,500 babies delivered by forcep delivery every year - that's 1 in 20 that are delivered by forceps. Many times such as in this case it would be more practical for the doctor to perform a c-section but the doctor does not.

If you have experienced a situation similar to the story of the Campbell's where your baby was injured or was killed because of improper use of forceps or using forceps when they should have been avoided you are probably dealing with a lot of hurt right now and are very disturbed by the doctor, midwife or hospital's negligence. Speaking to a birth injury lawyer regarding your child's forcep injury will allow you to find out what your next steps should be if you want to sue the doctor for negligence. If you would like to speak with me, Frank J. Dito, I will be waiting to hear from you regarding your case. We do not ask for any money up front and do not expect any payments from you until your case has been settled. Contact our Staten Island, NY office at 800.976.4904.

OSHA Targeting Under-Reporting of Workplace Injuries

Thu, 04 Mar 2010 08:00:00 EST

According to the U.S. Occupational Safety & Health Administration (OSHA) there needs to be a reform among the way that employers handle injuries at work. The OSHA is going to be initiating a program called the National Emphasis Program (NEP) which will be used to identify employers who underreport work place injuries and illnesses.

The OSHA was prompted to start the National Emphasis Program after a report was released not long ago that work injuries and illnesses were being underreported by employers because they are not filling out the correct form when their employers are being injured. Another reason the Form 300's have not been being filed properly is because in some cases the employer is either intentionally or unintentionally scaring the employees from wanting to file a work injury or work illness complaint. Some situations that would cause this are because the employee does not want to get fired from their job if they have to miss time from work because of the injury or illness, fear that they may get put in a different position at work or they may not want to report it because the employer has a special incentive program with a reward such as paid time off, lunch party, etc. if the number of work related injuries are low or non-existent for a set period of time. According to the OSHA it is these type of things that cause employees to not want to report their work related injuries and illnesses and that even if employers are not intentionally "scaring" their employees they should refrain from anything that may even be unintentionally doing so.

The OSHA needs to have work related injuries reported to them not only for the employee who has a work related injury or illness' sake but also for other employees. When there is an unsafe condition in the work environment it can lead to more people being injured and may even lead to the death of some employees. In 2005 a refinery fire started as a result of a condition within the work place that had been injuring employees for some time but the employer had not been reporting the injuries. The fire ended up resulting in 15 workers that were killed and over 170 workers that were injured at the work place. This could have been avoided had the injuries to the earlier workers been reported by the employer to the OSHA properly.

If you know of an unsafe work condition at your job that can possibly cause injury or illness it is important that you report it to your supervisor or employer. If they do not take action is important that you speak up and inform someone else, such as the OSHA, of the condition.

If you have been injured at work it is also important that the first thing you do is inform your employer or supervisor of the condition so that they can file the proper paperwork. You may also be able to collect workers compensation benefits for the injuries you have sustained from your job's negligence. To speak with Frank J. Dito a Staten Island workers compensation attorney call 800.976.4904 for more information on how you can get workers compensation benefits for your injury or illness.

Young Women Drunk Drivers On the Rise According to Recent Study

Wed, 03 Mar 2010 08:00:00 EST

According to a recent study young female drivers who are driving drunk are on the rise. While the vast majority of drunk drivers are men there are more female drunk drivers than ever before according to the study.

Laura Dean-Mooney the national president of Mothers Against Drunk Driving (MADD) when informed about the recent study said she is "not suprised" about what the study has revealed because of the recent increase of social pressures on woman so more women have picked up the bad habits of men.

The study was done by the Yale University School of Medicine and was based on data from the National Highway Traffic Safety Administration (NHTSA). The data used for the study was from 1995 to 2007 and showed that female drivers were involved in fatal car crashes as a result of drunk drivinghas been on the rise consistantly since the 1990's and continues to rise.

Comments by Dr. Federico Vaca, the professor of emergency medicine at the Yale University School of Medicine, mentions that he too believes that the rise in young women driving drunk has a lot to do with the social pressure that young woman go through in the past years compared with 20 or 30 years ago. He believes that women are trying to drive drunk or under the influence of illegal substances because of the pressure of wanting to fit in.

All of the signs in the study point to an increase in accidents amont woman driving drunk especially those who are between the ages of 16 - 24. No matter what age, sex or race you are it is unacceptable to drive drunk. Drunk driving not only puts your life at risk but it also puts others lives at risk - whether it is someones daughter, son, mother, father, grandmother, grandfather, other family member or friend that life is valuable to other people. Please keep this in mind before you attempt to drive after drinking. Social acceptance mean nothing when compared with your life or anothers life and is not worth the price of death.

If you have been injured by a drunk driver or if your family member was killed by a drunk driver that person is responsible for their negligence of driving drunk and deserves to be held accountable for their actions. If you would like to speak with a car accident lawyer feel free to call us for advice and we will even give you a free consultation where you will be able to come in and speak with me one on one with no obligation to even use my services. Knowing your rights is very important when it comes to an injury or death caused by driving while intoxicated. Call our Staten Island, New York office at 800.976.4904 to schedule a free consultation.

2010 Hyundai Tuscon Recalled Because of Airbag Problems

Wed, 03 Mar 2010 08:00:00 EST

The Nation Highway Traffic Safety Administration (NHTSA) has announced that Hyundai has recalled their 2010 Hyundai Tucson crossover for an airbag defect. Only 515 of the SUV's were recalled but this is a very serious issue because the defect can cause the air bag to deploy in certain circumstances where it is not supposed to which can cause serious injuries to someone especially a child or diminutive passenger.

The 2010 Hyundai Tucson crossover has a problem where occupants weighing more than 240 lbs can cause the passive occupant detection system (PODS) to illuminate the airbag warning light. This can cause the airbag to deploy even if the airbag has been deactivated posing a risk to those who may be easily harmed by an airbag.

If you are having an issue with your 2010 Hyundai Tucson crossover you can contact Hyundai at 800.633.5151 or the NHTSA at 888.325.4236 to discuss having the vehicle repaired free of charge. Also, if you or a loved one was injured by this recalled vehicle you will want to inform the NHTSA and a car defect lawyer in your area.

NIssan Recalls Trucks and Minivans Due to Faulty Brake Pedal Pins

Wed, 03 Mar 2010 08:00:00 EST

Nissan has recalled 179,000 trucks and minivans due to a brake pedal issue that can result in brake failure due to the brake pedal pin partially disengaging.

Nissan has announced a recall for the following vehicles:

2008, 2009, 2010 - Nissan Titan
2008, 2009, 2010 - Nisaan Armada
2008, 2009, 2010 - Nissan Quest
2008, 2009, 2010 - Infinity QX56

So far there have been no reports or injuries or deaths associated with the Nissan recall but the manufacturer has received 3 complaints to date of the brake pedal pin problem. Nissan is advising its comsumers to take their vehicles to their local Nissan dealership or Infinity dealership (depending on what recalled vehicle you own) and have it inspected. If the inspection for this recall shows that your car has the problem Nissan will replace the part free of charge.

Eye Injuries from Dog Attacks Are Far Too Common - Please Be Careful!

Tue, 02 Mar 2010 08:00:00 EST

According to a recent article in the Philadelphia Enquirer which was submitted by Rachel K. Sobel, a woman training to become an eye surgeon, severe eye injuries due to dog bites are very common - in fact far too common - and extremely dangerous.

All dog bites are dangerous no matter where the dog ends up attacking on a body, especially if it is a young child, but studies show that when dogs attack they often attack the face. More specifically they often attack and try to rip off the eyelids of the person they are attacking.

Eyelid injuries can be severe, very difficult to repair and can get infected easily. Often when Rachel Sobel has a patient who has been attacked by a dog and has suffered eyelid injuries it is very hard for the eye surgeons to reconstruct the eyelid because the eyelid tissue all begins to look the same when it is severely damaged. It is only after hours of carefully examining and using special methods to pull the eyelid back together that the eyelid is arranged the way it should be.

Considering a dog bite to the eye can cause severe eye injuries such as eye infection and temporary or permanent loss of vision it is very important to try to avoid a dog bit to the eye or for that matter completely.

If you ever find yourself in a situation where a dog may attack it is important that you stand still and "become a tree" mimicing the way a tree looks with your legs together and straight like a tree trunk and your arms slightly raised at your side often causes a dog to leave you alone. If the dog does decide to attack it is important that you "become a ball" tuck your head into your neck and tuck your knees into your chest while wraping your arms around your knees. This will prevent the dog from having easy access to your face or neck. If a dog attacks get help immediately and be sure to go to the emergency room even if you do not believe that the bite was that severe because there is always a chance that the dog has rabies or another disease that me be able to be transferred to you or it could also become infected if not properly treated.

Pet owners are responsible for their dog's actions in most cases. If you need assistance determining if someone is negligent for their dog's attack on you or your child call us at 800.976.4904 or email us a Staten Island dog bite lawyer would be glad to assist you in determining if the other party is negligent when you call and will also sit down with you for a free injury consultation if you would like.

Franchise Trends: Franchise Sales Still Rising, What You Need to Know About Buying a Franchise

Tue, 02 Mar 2010 08:00:00 EST

For some right now is the perfect time to purchase a franchise. Franchise sales have become more and more popular especially with a few factors that have occured in the recent years:

Many no longer trust working for or being a partner of a big corporation
Workers who have been laid off are looking to use their skills and ideas in a different type of environment like that of a franchise
Many who used to be employed by larger corporations or have spent time investing their money into some type of financial fund may have money saved up and can use the money as an investment to purchase a franchise
Finding out information about franchise opportunities from the franchisor's website has grown rapidly in the past few years to adapt to the wide use of the internet.

If you are interested in buying a franchise and think that now may be the right time to purchase a franchise you should look into the following things:

Do you have the funds to purchase a franchise? Finding out if you have the funds to purchase a franchise and do it right is an important aspect of buying a franchise. If you are going to buy a franchise you want to make sure that you not only have enough money for the purchase of the franchise itself but to speak with an accountant and to hire an experienced franchise lawyer. Both of these professionals will be worth the fees that they charge to assist you in purchasing your franchise and can possibly save you a lot of money in the future.
Did you do your research? Make sure you do your research on the franchise that you are considering becoming a part of. By do your research I mean speak with different franchisees that are also a part of the franchise you are looking at. Make sure you speak with those who have just recently joined the franchise and those who have been with the franchise long enough to renew their franchise agreement. Make sure you conduct as much due diligence as possible.

Once you have established your answer to these two questions you will want to contact a franchise lawyer and an accountant to further assist you in your franchise purchase to make sure you are getting the best deal possible and to review your franchise terms and agreement. You will be glad that you did your research and hired the proper professionals to assist you with your franchise purchase.

Social Security Disablity Insurance: Expansion of Compassionate Allowance Conditions

Mon, 01 Mar 2010 08:00:00 EST

The Social Security Administration (SSA) announced in February that they are adding 38 additional conditions to their compassionate allowance list.

Compassionate allowances are qualifying disabilities that are considered severe. The SSA approves people who have disabilities that are listed on the compassionate allowance quicker than they would if they're qualifying condition was not listed on the compassionate allowance list. The SSA allowing 38 additional conditions to be listed on the compassionate allowance list allows people with those severe disabilities to be able to start receiving their benefits quicker than normal.

The additional disabilities that the Social Security Administration has added to the compassionate allowances list are as follows:

Alstrom Syndrome
Amegakaryocytic Thrombocytopenia
Ataxia Spinocerebellar
Ataxia Telangiectasia
Batten Disease
Bilateral Retinoblastoma
Cri Du Chat Syndrome
Degos Disease
Early Onset Alzheimer's Disease
Edwards Syndrome
Fibrodysplacia Ossificans Progressiva
Fukuyama Congenital Muscular Dystrophy
Glutaric Acidemia Type II
Hemophagocytic Lymphohystiocytosis (HLH), familial type
Hurler Syndrome Type IH
Hunter Syndrome Type II
Idiopathic Pulmonary Fibrosis
Junctional Epidermolysis Bullosa, Lethal Type
Late Infantile Neuronal Ceroid Lipofuscinoses
Leigh's Disease
Maple Syrup Urine Disease
Merosin Deficient Congenital Muscular Dystrophy
Mixed Demensia
Mucosal Malignant Melanoma
Neonatal Adrenoleukodystrophy
Neuronal Ceroid Lipofuscinosis, Infantile Type
Niemann-Pick Type C
Patau Syndrome
Primary Progressive Aphasia
Progressive Multifocal Leukoencephalitis
Sanfilippo Syndrome
Sabacute Sclerosis Panencephalitis
Tay Sachs Disease
Thanatophoric Dysplasia, Type I
Ullrich Congenital Muscular Dystrophy
Walker Warburg Syndrome
Wolman Disease
Zellweger Syndrome

The above disabilities are the disabilites that were added recently to the compassionate allowances list. A full list of compassionate allowances is also available.

Spine Stimulation Has Mixed Results On Workers Compensation Individuals With Failed Back Surgery

Mon, 01 Mar 2010 08:00:00 EST

A recent study involving individuals on workers compensation benefits because of back injuries shows that there is not much benefit overall for the use of spine stimulation after failed back surgery. Although, some individuals did see some results from spine stimulation the results were not consistant enough to show much hope for the procedure for all individuals.

Spinal cord stimulation is a procedure in which implanted electrodes send small electrical pulses into the spine. This procedure has been used to the 1960's but the long term effects of the procedure still remain unknown so the a study was conducted by Dr. Ajay D. Wasan of Bringham and Woman's Health Hospital and Harvard Medical School in Boston.

Overall the study showed that spinal cord stimulation for chronic back pain was beneficial for 30 percent of those who underwent permanent implantation of the electrodes. Those who found the spinal cord stimulation helpful showed improvement in pain and in functionality of the legs after 2 years. The study pointed to the process of spinal cord stimulation being used in failed back surgeries useful for people mainly who have pain radiating on one side of the body, those who are functioning better better before undergoing the procedure and those in better psychological health.

Death Toll Due to Sudden Acceleration Problems with Toyota Vehicles Released by NHTSA

Mon, 01 Mar 2010 08:00:00 EST

According to an article in the Los Angeles Times the National Highway Traffic Safety Administration (NHTSA) released the death toll number due to Toyota sudden acceleration problems which was based on complaints that they have received so far from consumers. Most complaints filed were filed by surviving family member and ranged from vehicles that were included on the recall list to cars that Toyota still has not admitted need to be recalled.

If you own a Toyota, Lexus or Pontiac that has been recalled for a sudden acceleration issue it is very important that you bring it to the dealership to have the potentially life threatening sudden acceleration problem fixed. If you purchased the car in New York and still currently reside in New York arrangements have been made so that you do not have to worry about being without a vehicle while yours is being repaired. You will either be given a rental vehicle or will be able to use taxi service at Toyota's expense.

One thing that Toyota, Lexus and Pontiac owners must keep in mind with all of the recently recalled vehicles is that consumers are complaining that Toyota still has not recalled all of the necessary vehicles. Consumers have come to this conclusion because either themselves or a loved one have been injured, experienced damages to their vehicle or have died because of vehicles that have not been recalled by Toyota for sudden acceleration issues and brake issues. If you are in doubt as to whether or not your vehicle has been recalled contact Toyota to find out but if you are experiencing issues with your vehicles and it has not been involved on the recall list you will want to contact the NHTSA to file a report against Toyota. If you have already been involved in an accident and have been injured or a family member has been killed because of a Toyota related defect finding out your rights against the Toyota manufacturer will greatly benefit you. Toyota is liable for the negligence which has caused injuries or death because of their defective vehicles.

Social Security Work Incentives and New Yorkers

Fri, 26 Feb 2010 08:00:00 EST

Are you a disabled and receiving Social Security benefits in New York? Have you ever wondered if you would still be eligible to receive those benefits if you returned to work?

Fortunately, the Social Security Administration (SSA) has recognized that many disabled people receiving benefits want to return to work. Therefore, they have developed programs to allow people to do so.

The SSA’s website highlights three work incentives including a trial work period. This allows you to return to the workplace for a period of nine months to determine if you can work before your benefits run out.

They also offer an extended period of eligibility. This allows you to earn benefits during a three-year period if your earrings are not “substantial” enough to make ends meet.

Lastly, they offer an expedited reinstatement. If you return to work, and after five years, determine that you can no longer work, you can reapply without having to file a new disability application.

As you can imagine, determining if you are eligible for these programs can be a daunting task. You should seek legal counsel to assist you in determining if you are eligible.

If you or someone you know is applying or having trouble obtaining Social Security benefits, you should contact an experienced Staten Island Social Security attorney at the law offices of Decker, Decker, Dito and Internicola at (718) 979-4300 or (800) 976-4904.

The Homebuyer Tax Credit: Do You Know When You Have to Be In Contract By?

Thu, 25 Feb 2010 08:00:00 EST

The Home Buyer Tax Credit, which was extended late last year, is running out of time for you to use it if you plan on purchasing a home.

The Home Buyer Tax Credit is available to first time home buyers and current homeowners alike the only difference is that the first time home buyers will receive a larger tax credit than those who are currently homeowners or have owned a home within the last three years.

If you are considering buying a house in New York or New Jersey now may be the time for you to purchase a home because of the home buyer tax credit that you can receive if you are in contract by April 30, 2010. If you would like to discuss with one of our real estate attorney's whether now is a good time for you to take advantage of purchasing a home while receiving up to $8,000 (or $6,500 if you have owned a home within the last 3 years).

To speak with a Staten Island real estate lawyer from our law firm call 800.976.4904 or email us and we will respond back to you.

An Injured Worker in Staten Island Settles Lawsuit

Thu, 25 Feb 2010 08:00:00 EST

According to Frank Donnelly, a reporter for the Staten Island Advance, a Staten Island man who was injured while doing concrete laying work in 2005 at a Manhattan construction site has settled his lawsuit for $390,000.

Anthony Sutter was injured in 2005 while doing work for a high rise building in Manhattan and sustained severe injuries to his neck that would cause him to change his career and will probably not allow him to ever go back to his career as laying concrete ever again.

Sutters severe neck injury happened when he was laying concrete down and a temporary vertical wooden brace fell on his head says his lawyer Frank J. DiBari who practices law at Jonathan D'Agostino & Associates.

Even after neck surgery was done to help correct the injuries Sutter sustained he is still unable to go back to work as a concrete layer and now works in a Manhattan firm as a sales associate.

Sutters case was recently settled with Admiral Insurance Company on behalf of the property owner and the general contractor in which he received $390,000.

As you can see from this injury case being injured because of someone elses negligence can not only cause injuries but also can change your whole way of life including where you are able to work, how you can provide income for yourself and you family and if you will ever be able to return to work at all. Don't let someone who has been negligent and caused you injuries get away with it. To discuss how to start a lawsuit against someone who was negligent for your injuries call 800.976.4904 or contact us by email.

Toyota Recall Repairs for New Yorkers to Be Hassle-Free

Thu, 25 Feb 2010 08:00:00 EST

Recent Toyota recalls have been rough on everyone but Attorney General Andrew Cuomo has made arrangements with Toyota in order for the recall repair process to be made easy and hassle free for New York residents who own a recalled Toyota. Recall repairs for Toyota's in New York will be done with no additional costs to the Toyota owner including no additional costs for getting back and forth to work or around town while their car is getting repaired. Toyota owners who live in New York and who purchased their Toyota in New York will either be given a free car rental or paid taxi services until their car is done being repaired.

In addition to making it easier for Toyota owners to get their vehicles repaired while carrying on their everyday tasks Toyota dealerships in New York will have extended hours or will have a 24 hour vehicle repair center open with additional crew members to help handle the Toyota recalled vehicles that will need to be worked on and repaired.

Attorney General Andrew Cuomo has made these arrangments for New Yorkers who have been involved in any of the Toyota recalls for serious issues such as sudden acceleration, sticky gas pedals, floor mat issues, drive shaft failure or ABS problems because he is worried that New York residents will not have the time to bring their vehicles to the dealership and not have a way to get around New York while their car is out of commission for a day or two. New York residents own 500,000 of the vehicles recalled by Toyota so Attorney General Andrew Cuomo found this arrangement with Toyota neccessary in order to ensure that the roads are safe for New York residents in days to come and that the risk of injury remains lower.

For more Toyota recall information for New York residents visit the NY Toyota recall website that Attorney General Andrew Cuomo has created specifically for the Toyota recall issues.

Franchising: How to Sell Your Business Concept

Wed, 24 Feb 2010 08:00:00 EST

If you have a small business that seems to be prospering you may be considering franchising your business. But what do you need to know about franchising to find out if your business is a good franchisable business? The first thing you need to do is figure out if the thing that made your business survive and thrive can be replicated and still thrive in other locations with other owners.

Franchising can be done in a number or ways:

Business Format Franchising - A business that is licenced to franchisees which allows them to run their own businesses but under your terms and conditions and follows your business model.
Selling a Licensing - Allows someone to use your product after paying you for the right to use it but does not have to follow your business model.
Using an Agent to Sell Licenses on Your Behalf or a Distrabution Agreement - Doing this allows another company to sell your licenced products after you sell it to them

No matter what way you go about franchising a business you should always first make sure that your success can be replicated and acheive the same rate of success being sold outside of your current small business whether you are considering a business format franchise, selling your licence or using a 3rd party to sell your licenced products. Once you have determined this you will want to speak with a financial advisor such as an accountant and will also want to discuss the franchising of your business with a franchise lawyer.

What Can You Do To Prevent a New York Pedestrian Accident?

Tue, 23 Feb 2010 08:00:00 EST

We hear stories all the time about people who were walking along a street are hit by a car. As you can imagine, the injuries sustained in a New York pedestrian accident can be extensive and lead to a lifetime of complications and even death.

Though, pedestrian accidents are sudden and seem to come from nowhere, there are several things you can do to help avoid being struck by a motorized vehicle.

One thing that you can do is to minimize walking through areas with heavy traffic, especially at night. If you have to walk at night, always make sure that you wear reflective or light clothing that can easily be seen.

Also, when crossing the street, never assume that other drivers can see you and are stopping to allow you to cross. It may appear that they are slowing down to let you cross, but in truth, they may not see you at all.

Lastly, always be conscious of the amount of alcohol that you consume, especially if you are driving. Alcohol can affect your reaction time to dangers on the roads. Also, if you are walking, it may increase your risk of tripping or falling in front of a moving vehicle.

If you or someone you know has been involved in a New Jersey or New York pedestrian accident, you should contact an experienced Staten Island accident attorney at the law offices of Decker, Decker, Dito and Internicola at (718) 979-4300 or (800) 976-4904.

Avandia Recall Suggested by the FDA Due To Heart Attacks and Heart Failure

Mon, 22 Feb 2010 08:00:00 EST

The FDA has urged GlaxoSmithKline to recall the popular diabetes II drug Avandia according private documentation released to the New York Times for a recent article.

According to the article if all Diabetes II patients were switched from Avandia to a similar pill named Actos there would approximately 500 less heart attacks and 300 less cases of heart failure every month.

Avandia is also known by its generic name Riziglitazone. Both Avandia and Riziglitazone have been linked to heart attacks, heart failure and many other dangerous side effects. You may be wondering why has the FDA not recalled Avandia yet. The reason Avandia has not been recalled as of yet is because the FDA can only make suggestions that a drug is dangerous and ultimately black box the drug for having known dangerous side effects. Black boxing is when the FDA demands that a label listing all of the drugs known dangerous and possibly deadly side effects on the box so that the consumer is well aware of the problems that other people have had with the drug. Avandia was black boxed by the FDA in 2007 but GlaxoSmithKline continues to sell and promote the diabetes II product.

If you are on Avandia it is ultimately up to you if you would like to stop taking it or not after hearing this possibly alarming information but if you have suffered similar severe heart related side effects such as a heart attack or if you have a family member who suffered heart failure and was on Avandia it may very well be possible that the heart injury or death was because of Avandia.

For more information on what Avandia users should do if they have experienced heart related issues contact us and we will be more than happy to answer all of your legal questions.

Corolla and Matrix Being Investigated for Loose Steering Problems: ANOTHER Toyota Recall On Its Way?

Fri, 19 Feb 2010 08:00:00 EST

Yesterday the National Highway Traffic Safety Administration (NHTSA) launched an investigation of the 2009 - 2010 Toyota Corolla and Matrix. According to the NHTSA Toyota Corolla and Matrix consumers that own the 2009 and 2010 models have been submitting complaints that their cars have a "unresponsive or loose" feeling while steering.

The NHTSA believes that this unresponsive or loose feeling that Corolla and Matrix owners are experiencing is linked to a problem with the electric power steering.

An investigation of a vehicle does not mean that it is recalled yet but owners should be cautious if they do experience the unresponsive or loose steering that the NHTSA referred to in its announcement of the Corolla and Matrix investigation yesterday. Basically, an investigation of a vehicle means that there have been multiple complaints of the problem submitted to the NHTSA that merit the conduction of an investigation. If the investigation shows that the vehicle is indeed having problems with the electric power steering a recall for the vehicle will be made to alert consumers.

If this recall of the Toyota Corolla and Matrix happens it will add 487,000 Toyota vehicles to the already outrageous 8 million that have already been recalled in the past few months.

If you have experienced problems with your Corolla or Matrix power steering and have noticed the unresponsive or loose feeling from your steering that was described by the NHTSA it is important that you file a complaint with NHTSA. This possible power steering recall can result in accidents and injuries similar to the eight accidents and 11 injuries already linked to the steering problem that were reported to the NHTSA. The total number of complaints so far is 168.

2009 Toyota Matrix 2009 Toyota Corolla

What All New Yorkers Should Know About Family Social Security Benefits

mindywein@cox.net (Blog Author)26843 — Tue, 16 Feb 2010 08:00:00 EST

Do you or someone you know receive Social Security benefits? If so, or, if you are considering applying, then you need to know that your family members may also be entitled to receive benefits.

As you are already aware, a person's disability can impact the entire family. That is why the Social Security Administration (SSA) has created what is referred to as family benefits.

According to the SSA website, your spouse, your divorced spouse, your children and your disabled children may be able to receive benefits. As a matter of fact, each family member may be able to receive up to 50 percent of your disability rate per month. However, with all things, there are limits.

Applying for disability or determining whether any of your family members are eligible can be an overwhelming task. It is highly recommended that you seek legal advice to help you sort through all the rules and forms set forth by the SSA.

If you or someone you know is applying for or has been denied Social Security benefits, you should contact an experienced New York Social Security Disability lawyer at the law offices of Decker, Decker, Dito and Internicola at (718) 979-4300 or (800) 976-4904.

For more information on this topic, read our article, New York Family Benefits Under Social Security.

New York City Listed as a Top 10 City to Bargain for a House

Tue, 16 Feb 2010 08:00:00 EST

According to ABC's Good Morning America and Zillow.com New York City is one of the nations top 10 place to find a bargain on a house right now.

New York City - Staten Island, Brooklyn, Manhattan, Queens and the Bronx - ranked number 8 out of 10 for the nations best bargains across the U.S. right now.

If you have been considering purchasing a house in New York City now is the time to buy if you want a bargain according to this recent report.

If you would like more free information such as Steven Decker's book 5 Myths that Can Ruin the Purchase of Your Home call us at 800.976.4904 or email our real estate law firm. If you are looking for an attorney to represent you in the purchase of your home contact Steven Decker to discuss the process of purchasing a home and how to go about obtaining a real estate lawyer from our firm.

New York City Listed as a Top 10 City to Bargain for a House

Tue, 16 Feb 2010 08:00:00 EST

Recent Study on Elevator Injuries to Seniors Shows Accidents Can be Prevented

Tue, 16 Feb 2010 08:00:00 EST

Every year on average 2,600 senior citizens suffer elevator related injuries in the United States some of which range from anything from fractures and bruises to more serious injuries which can be disabling or even life threatening.

According to a study that was recently done more than half of the elevator injuries were because of slips, trips and falls. About a third of them were caused by elevator doors closing on the person and the rest were because of canes and walkers getting wedged in the elevator door openings.

Serious injuries can happen if a person of any age gets injured by an elevator but the injuries can be worse to the elderly because their bones are more frail than those of other ages.

Greg Steele, an associate professor of epidemiology in the department of public health at the Indiana University School of Medicine, suggests that there are plenty of ways to make elevators safer for everyone, especially senior citizens. One suggestion that Steele offered was making the "open doors" button larger and more unique looking than the surrounding buttons to help a person inside of the elevator to quickly find the button to avoid a persons body from becoming closed on by the elevator doors.

Toyota Complaints Keep Rising and So Does the Injury List, Death Count and Lawsuits

Tue, 16 Feb 2010 08:00:00 EST

A recent report on CNN indicated that the number of vehicles Toyota is experiencing complaints about has risen by 9 complaints since the recall for the accelerator issue was announced January 27, 2010. The 9 complaints that were filed with the NHTSA included 13 fatalities and 10 injuries and the accidents occurred between 2005 and 2010. This brings the total number of complaints made against the defective Toyota cars up to 34 incidents over the past 10 years. This number includes 21 deaths according to the NHTSA.

The NHTSA is also reporting that they have seen a large increase in consumers complaining about the Toyota Prius in the past couple of weeks since the recall for the Prius was originally announced on February 3, 2010. Up until February 3 the NHTSA had received 124 complaints but since then they have received an additional 996 complaints about the Prius which brings the total number of complaints to 1,120.

Toyota Tacoma Recall Announced Because Truck Can Lose Control

Tue, 16 Feb 2010 08:00:00 EST

According to My Fox New York Toyota announced yet another recall this past weekend. This time the Toyota recall was for the 2010 Toyota Tacoma due to a problem with the front propeller shaft which can cause the truck to lose control.

About 8,000 2010 Toyota Tacoma trucks were included in this recall. Which now bring the complete recall list to include 12 different models of Toyota's alone not including the Lexus and Pontiac vehicles that were also recalled by Toyota Motor Corp.

How Do I Know What to Do In This Real Estate Market? Is It Time to Buy or Sell a Home or Not Do Anything?

Mon, 15 Feb 2010 08:00:00 EST

The real estate market these days can be so confusing no matter where you live in America and one thing you have to understand is the national housing reports may not reflect your local real estate condition or it may. With there being so many conflicting reports in the news about the housing market how are you supposed to be able to determine if it is a good time to buy a house, sell a house or just hold off from doing anything?

We understand that it can be difficult to figure our what you are supposed to be doing and looking in the newspaper or searching the internet news section to this answer may only make things more confusing for you. The only way to get the honest opinion of what move is best for you in your areas real estate market whether you live or are looking at a home in Staten Island, Brooklyn or any other part of New York is to speak with a real estate expert. Speaking with a real estate expert such as Steven Decker Staten Island real estate lawyer will help you determine what is good not only in your areas housing market but also what is best for you personally.

To speak with Steven Decker and our real estate team at Decker, Decker, Dito & Internicola, LLP call 800.976.4904 or email us and we will help you determind what move is best for you right now, if any.

NY Drivers Annoyed Because of Lack of a Car Snow Removal Law

Fri, 12 Feb 2010 08:00:00 EST

CBS New York is reporting that some New York drivers are annoyed at the fact that New York does not yet have a law against driving a vehicle that has not been cleared of snow and ice. Many residents of New York every year end up either being injured or with damages dont to their car or property because of ice and snow "blankets" flying of off cars, trucks, SUV's and tractor trailors.

New Jersey passed a law in 2009 against driving a vehicle without clearing the snow off of the car first. The law allows police to be able to ticket drivers who do not remove the snow from their car because they create a danger for other drivers.

New York drivers may soon have a snow removal law similar to New Jersey's snow removal law if the Governor of New York signs off on the bill. The bill would enforce that the snow be removed off of a vehicle within a timely manner (3 hours after the snow/ice stops falling) whenever 3 or more inches of snow, ice or sleet fall and accumulate on a vehicle. If the New York car snow removal law is not enforced drivers of non-commercial vehicles can be ticketed $150 - $850 and drivers of commercial vehicles can be charged as much as $450 - $1250.

If you have not done so already please take the time to remove the snow from your vehicle or ask someone else to help you remove it from your vehicle if you are not able to do it yourself. Removing the snow will help you keep not only yourself safe while your driving but it will help everyone else on the road also. The snow build up on top of a vehicle is the most dangerous when a large chunk the snow or ice flies off of the vehicle in one chunk and flies towards another vehicle or a pedestrian. Even if you are only driving 35 or 45 mph a 2 foot long 6 inch think chunk of rock hard snow flying can be very dangerous if it hits another car. Dangerous enough to have already caused injuries across much of the east coast such as in New York, New Jersey, Pennsylvania, Maryland and many other states. Many drivers end up being severely injured or in some cases are killed due to the sheet of snow or ice flying from a car. The most common injury associated with people not properly removing snow from their vehicles are injuries to the face - lacerations, bruises, facial fractures, etc. - which often require immediate medical attention and reconstructive surgury so please keep your car clean after it snows.

Tiny Love Wind Chimes Toy Recalled Due to Risk of Injury for Babies

Fri, 12 Feb 2010 08:00:00 EST

Tiny Love of New York, NY and the Maya Group of Huntington Beach, CA have issued a recall for wind chime toys. The company has recalled 625,000 wind chime toys in the U.S. and 156,000 in Canada because of dangerous metal rods that can cause injury to a baby when exposed. These sharp metal rods are not visible when the wind chime toy is fully assembled but after receiving five reports of babies easily pulling the wind chime toy apart the manufacturer decided to recall the wind chime toy to avoid risk of injury to babies who may own them.

The recalled wind chimes were sold multiple ways both seperately and with Gymini Kick and Play Activity Gym and with Tiny Smarts Gift Sets. The baby wind chime toy was sold at Toys R Us, Walmart, Target, Buy Buy Baby and TJ Maxx Stores nationwide from February 2002 till February 2010. You can identify these wind chime toys by the wind chime sound that the toy makes and it comes in a variety of shapes including a fish, duck and bunny.

If you own this product take it away from your baby immediately. Not doing so can result in injuries to your baby from this recalled toy. Parents are being advised to call Tiny Love immediately at 888-791-8161 for further for receiving a free replacement toy for the recalled wind chime toy.

Restaurant Franchises Looking to Expand Despite Down Economy

Fri, 12 Feb 2010 08:00:00 EST

Those considering whether now is a good time to buy a restaurant franchise or not because of the down economy may be able to find their answer by looking at the current trend that is occuring across the rest of America (and of course by looking at their own situation).

A recent study has shown that the down economy is not making a negative difference for most restaurant franchises. They are actually finding that most restaurant franchises have expanded over the last couple of years and continue to do so. In fact, the National Restaurant Association predicts that restaurant franchises will increase by at least 10% over the next 10 years if franchisees continue purchasing restaurant franchises at the rate they are purchasing over the last couple of years.

According to the study the most growth they have been among the "fast casual" food franchises which consist of restaurants that offer a larger variety than that of a fast food restaurant but are still an inexpensive food choice for people who may have less to spend nowadays.

If you are like many other people in America looking to fulfill a dream you have of owning a restaurant franchise and are looking for tips for buying a franchise read Charles Internicola New York franchise lawyer's blog for insightful and useful information. If you would like to speak with a franchise attorney immediately call 800.976.4904 or email us.

Who Is Liable If I Get Injured In An Accident Because of A Defective Car?

Wed, 10 Feb 2010 08:00:00 EST

With all of the recent car recalls from Toyota and Lexus for braking problems and acceleration problems and Honda for defective air bags you may be left wondering who is next in line to issue a massive recall for their vehicles.

An even bigger question that you may be left wondering, especially if you were injured by the recalled car or if a family member died because of a car defect, is who is liable for an accident, car damages, injuries and death if it occured because of a recalled car? Ultimately, the manufacturer of the recalled car is liable for the defective recalled car that resulted in injuries, damages and death because of their failure to produce well manufactured vehicles.

Toyota is already facing 30 lawsuits that have been filed by lawyers around the U.S. not to mention the many more that are in the process of hiring an injury lawyer at the moment. If you were injured because of a recalled car and would like to start a lawsuit against the manufacturer contacting an injury lawyer in your area is the first step to starting a lawsuit and ensuring that you get the most settlement money for your case against the car manufacturer.

Honda Recall Adds to Air Bag Recall that Cause Severe Injuries and Death

Wed, 10 Feb 2010 08:00:00 EST

Honda has expanded a previous recall that was issued in September 2009 which was an extension of a recall that Honda issued a couple of years ago. Honda announced the recall yesterday that they are expanding the recall by 437,000 vehicles.

The Honda recall now includes almost 1 million vehicles including 2001 -2002 Accord sedans, Civic compacts, Odyssey mini-vans, CR-V small sport utility vehicle, and 2002 Acura TL sedans. The recall was issued for the vehicles because of an air bag defect that causes the driver's side air bag to deploy with too much pressure which can cause severe injury and may even kill the driver when the air bag deploys.

So far the recalled Honda's are linked to 12 incidents - 1 of which killed the driver of the Honda and 11 which caused injuries to the driver of the Honda's. Honda has also added to their recall statement that there have been no injury or death incidents reported to them since July 2009.

If you own one of these recalled Honda cars Honda has announced that you should be receiving recall information about your vehicle in the mail shortly which will tell you to make an appointment at your local Honda dealership to have the issue fixed. If you would like to know if your vehicle is part of the recall you can contact Honda at 800.999.1009 for more information.

2010 Toyota Camry Recalled for Issue that Can Affect Brakes

Wed, 10 Feb 2010 08:00:00 EST

Toyota announced yesterday that they are recalling the 2010 Toyota Camry due to issues that can ultimately lead to delays with the amount of time it takes for your brakes to help your car come to a full stop.

The Camry recall includes 7,300 vehicles which are being recalled because the power steering hose may come in contact with the braking tube. If this happens the braking tube may cause wearing on the braking tube which can result in brake fluid leaking. Decreased brake fluid because of a damaged braking tube can lead to delayed reaction time when pressing the brakes which can ultimately lead to accidents, injuries and possibly even death.

If you have experienced issues with your 2010 Toyota Camry contact your local Toyota dealership to schedule an appointment to have the recall issue fixed.

Toyota Corolla to be Investigated because of Dangerous Steering Problems

Wed, 10 Feb 2010 08:00:00 EST

After the recent recall of the Prius, Sai, and Lexus HS250h due to braking problems and the recall of the RAV4, Corolla, Matrix, Avalon, Camry, Highlander, Tundra and Sequoia due to acceleration problems now there are multiple complaints about steering problems with the Toyota Corolla.

The steering problems with the Corolla that consumers have been complaining about have caused the feds to start an investigation to find out if a recall needs to be issued for this set of cars also. The complaints they have received are mostly about the car feeling like it is on black ice, hydroplaning or driving in high winds when the car is driven over 40 m.p.h. The consumers have said that in order to keep their Corolla's from swirving from left to right and right to left they have to firmly grip the steering wheel with two hands in order to keep the wheel straight.

So far the National Highway Traffic Safety Administration (NHTSA) has received over 80 complaints about the Corolla and its steering problems. So far all of the complaints have been about the 2009 and 2010 Toyota Corollas.

The NHTSA is currently investigating the problems and will continue to investigate until it is determined if a recall should be issued or not.

If you are having issues with steering your Toyota Corolla similar to the issues described above you should contact the NHTSA and make them aware of the issue you are having and they will be albe to further instruct you on what to do to resolve the issue.

Drop-side Crib Recall Issued After Multiple Children Have Died and Been Injured

Tue, 09 Feb 2010 08:00:00 EST

Another crib recall has been issued for a defective drop-side crib. The recall will affect 500,000 cribs and includes cribs that were sold nationwide at popular baby furniture stores such as Buy Buy Baby, K-Mart, Walmart and many other sotres.

The recall for the Generation 2 Worldwide and ChildESIGNS cribs was issued today because of multiple injuries that have been reported along with reports of the death of three young children due to the defective drop-side cribs.

The cribs are being recalled because they can potentially break and allow the drop-side to detach and also because the mattress supports can pull away from the crib frame. Both defects can create gaps in the crib which can lead to strangulation or suffocation of a small child.

The Consumer Product Safety Commission (CPSC) has received 28 reports of the crib breaking for reasons relating to detached mattress supports and detached drop-sides.

The company that manufactured the cribs, Generation 2 Worldwide, has been out of business since 2007. If you own one of these cribs that were recalled you should contact the store that you purchased the crib refund for instructions on what to do. More than likely you will be issued a full refund, replacement or store credit for the recalled crib. If the store gives you a problem resolving the issue the CPSC has asked that you call them.

If your child was injured by a Generation 2 Worldwide or ChildESIGNS crib you should notify the CPSC by filing a complaint of an incident.

Other dangerous crib recalls that have been issued in the past year include Jardine and Simplicity cribs which were recalled in 2009.

Finding the Right Decisions in Real Estate Transactions

Tue, 09 Feb 2010 08:00:00 EST

Whether you are purchasing a home or selling a home you always have many questions and throughout the real estate process you may often wonder if you are being too safe or too risky and if the decisions you are making are the right ones.

According to a recent article in the Staten Island Advance titled "Walking Real Estate Tightropes" The article explains the similarities between an documentary about a man who in 1974 walked between the twin towers on a tightrope and the current real estate situations and decision a person must make when buying or selling a home.

Often times questions may arise throughout your real estate process that require you to take the safe approach or the "risky" approach but sometimes the safe approach may not always be the correct choice.

For some the answer to certain real estate questions may not have an actual correct or incorrect answer but may just depend solely on the opinion and risk level that a person is willing to take while other times there may be a correct answer but you may not know what it is. The article explains that in these type of situations where there is a correct answer out there it makes sense to not just move forward with a decision based on your own opinion but rather to seek advice from a real estate expert to help find out the correct decision you should be making.

Speaking with a real estate expert such as a real estate attorney will help clarify a lot of questions that are lingering over your head regarding the real estate process. It is good to educate yourself by speaking to other homeowners who have been through similar situations, by speaking with a real estate lawyer and by reading real estate books. If you would like more information regarding purchasing or selling a house in Staten Island or Brooklyn New York call Steven Decker Staten Island real estate lawyer at 800.976.4904 or email us by filling out our contact form.

Driving a Snow Covered Car in New York may Soon be Illegal Due to Danger of Injury

Tue, 09 Feb 2010 08:00:00 EST

Have you ever drove down a road or even worse a highway a day or two after a snow storm and seen someone driving who had not yet removed the snow and ice from the roof of their car? For anyone who has ever seen this build-up of snow or ice on a vehicle they know that it looks like it could potentially be dangerous if the blanket of snow or ice dislodged from the vehicle. So the question many may be wondering - Is it illegal to not remove snow and ice from your car? The answer to this question really depends on what state you are in. Many states around the country do have a law that if ice or snow fly from your car while you are driving and hit another vehicle, injure someone, or damage property the driver of the uncleaned car is negligent and in many states tickets are issued out to anyone who drives with such negligent conditions regardless of if the snow or ice ever flies off the roof of the car or not.

In New York the law against cars not being cleaned off properly after it snows does not yet exist. A bill was proposed by Senators Dilian, Diaz and Hassell-Thompson on April 27, 2009 to make it illegal to drive your vehicle if the snow and ice has not been properly removed from it. The pending bill is in committee today (February 9, 2010). The passing of this bill would mean safer roads for motorists after a snow fall. The bill proposes that the New York traffic law be amended to state that "no person should operate a motor vehicle on a public street or highway while there is an accumulation of snow, sleet or hail on the roof or cargo bed surfaces thereof whether of an occupant compartment, trailer or other cargo compartment in excess of three inches".

The proposed bill also states that:

Snow removal law will not apply during snow fall or up to three hours after the snow has cease
Any non-commercial motor vehicle operator who does not comply with the law will be fined with a ticket in the minimum amount of $150 but no more than the maximum amount of $850.
Any commercial motor vehicle operator who does not comply with the law will be fined with a ticket in the minimum amount of $450 but no more than the maximum amount of $1250.
The law does not apply to a motor vehicle transporter, motorcycle or authorized emergency vehicle

In other states, such as New Jersey, it is already against the law to drive your vehicle without clearing your car of all snow and ice first. New Jersey passed the law which enforces the removal of snow from cars before driving a few months ago. With the amount of snow that has been seen and will probably be seen again before this winter is over I am sure that the new law has helped keep many safe so far.

Being injured by snow or ice falling from a car or any other vehicle going down a street or highway can be extremely fatal. A flying chunk of ice or snow hitting the windshield of a car can cause the windshield to break not only creating a danger from the flying ice/snow blanket but also from the glass flying from the broke windshield. Injuries from ice and snow flying from the top of a vehicle can include severe injuries to the neck, face and head and can often leave the need for reconstructive surgery and may possibly even result in death. Making sure that the law against driving without clearing snow from a car will mean safer roads after snow fall.

Brake Problems Cause Toyota to Recall the Prius and Other Hybrid Cars Worldwide

Tue, 09 Feb 2010 08:00:00 EST

Earlier in this week I blogged about the fact that Toyota had yet to recall any of the hybrid vehicles such as the Prius which has a brake problem that could be potentially dangerous but that Toyota was expected to recall approximately 270,000 to 300,000 vehicles in Toyota and Japan later this week.

Today Toyota announced the recall of 437,000 hybrid vehicles worldwide. Toyota has only had complaints from Japan and the U.S. but have also decided to recall the car worldwide. At an interview with Toyota's quality chief Shinichi Sasaki he repeatedly hinted at the fact that the ABS brake structure complies with necessary standards that are required but that they would recall the hybrid cars eventhough did do not have to.

Toyota plans on fixing the recalled vehicles by installing an updated ABS software on the vehicles that are being recalled. All Toyota Prius' that were released late January of this year already have the updated ABS software installed in them.

The vehicles being recalled due to dangerous brake problems which causes a delay in braking if the vehicle is going over bumps first are the Toyota Prius, Toyota Prius Plug-in Hybrid, Toyota Sai, and the Lexus HS250h. Again the vehicles are being recalled worldwide. Contact your local Toyota dealership to find out how and when you can have your recalled car repaired.

Get Injured From Slipping and Falling an Ice Covered Sidewalk - Want to Know Who Is at Fault?

Tue, 09 Feb 2010 08:00:00 EST

During the winter months you may or may not see a lot of snow fall in New York but you are almost bound to see at least a few inches throughout the winter months and if it is a year like this year's winter has been you may even see a few feet by the time spring arrives.

One thing that you as a homeowner in Staten Island, Brooklyn or anywhere else throughout New York state is that you need to make sure you shovel and put salt down on your sidewalk not matter how much or how little snow fall there is.

Very dangerous situations can occur when a property owner does not take proper measures to prevent ice buildup and does not shovel snow properly. Slip and falls because of ice are very dangerous, in fact, the injuries that can occur because of slip and fall cases can range from minor injuries to dangerous life threatening injuries or even death. The most common injuries associated with slip and fall accidents due to negligence where ice and snow have not been removed are injuries to the head, neck, back, hip, elbow, wrist, hand, and ankles.

Almost all of us have slipped on ice or wet snow at some point and time in our lives but what makes the property owner negligent for the slippery situation?

The main thing that is looked for when determining if you have a case against the property owner for the icy sidewalk conditions is timing of the slip and fall injury. Did the homeowner or business owner have a sufficient, reasonable amount of time to shovel the snow properly and put salt down on the ground? Different things that may have an effect on this answer are how long ago did the snow stop and what time of the day/night did the snow stop? If the snow fell throught the night and you slipped and fell on the sidewalk at 5 am you may not have a slip and fall injury case but if the snow fell though the night and you slipped on the sidewalk 5 pm the next day you more than likely have a case against the property owner because the property owner at that point would be negligent for not properly cleaning up the snow and ice and has created dangerous conditions due to their own negligence.

Steps to take if you are injured in a slip and fall on ice or snow on a sidewalk:

Look around to see what exactly you slipped on and where
Take a picture of the ice on the sidewalk with a camera phone or other camera if you have access to one. If not, or if you are too hurt to take a picture of the area get help first and ask someone you know to go back to the location quickly to take pictures of the condition of the sidewalk, and things surrounding the area including a picture of the house that the sidewalk is associated with don't forget to tell them to be careful when going back to take pictures of the icy sidewalk. Be sure to take plenty of pictures.
If you are injured make sure that you immediately go to a hospital or to your family doctor so you can be examined and evaluated. This will not only be important to your health and future recovery from your injury but will also be detrimental to your injury case.
After you have taken pictures of the property notify the property owner to notify them of the incident.
Find a injury lawyer in your area that is experienced in slip and fall cases.

Toyota Prius Recall Expected Soon for Brake Problems

Mon, 08 Feb 2010 08:00:00 EST

Toyota is expected to recall their prize hybrid model the 2010 Toyota Prius soon, possibly Tuesday, due to an issue with the brake system. There have been over 180 complaints filed for problems with the Prius of which include 4 car accidents and 2 minor injuries.

Late last week Toyota was unsure if they were going to recall the 2010 Toyota Prius models regardless of the fact that there were so many reports of there being issues with them.

The reported problems with the 2010 Prius brake system is that when the drivers go over a bumpy road or try to stop at a stop sign their car accelerates instead of stopping. Although, for this type of car the acceleration is said to last for a few seconds, it could still most definitely result in a car accident, injury to yourself or injury to another person. If this occurs you should speak with a personal injury lawyer regarding your lawsuit against Toyota for the injuries caused by the defective car.

Rumor has it that if there is a recall it will consist of approximately 270,000 to 300,000 2010 Toyota Prius vehicles throughout the United States and Japan. The vehicles that the recall would include would be limited to those that were sent to the dealership May 2009 and later.

Toyota Admits 2010 Prius has Brake Problems but No Recall Announced

Thu, 04 Feb 2010 08:00:00 EST

The National Highway Transportation Safety Administration (NHTSA) has received 171 reports of problems with 2010 Toyota Pruis vehicles. So far five of the complaints are about the 2010 Prius have been because of brake problems. One complaint read "When I run over a bump or a pothole on the road the car seems to accelerate or jolt forward. It happens when I stop at a stop sign or run over a bump or a pothole".

So far Toyota and the NHTSA hava been informed of two injuries associated with the braking problem that the 2010 Pruis has. According to reports the two people who were injured due to the defective car's brake problem suffered minor injuries to themselves but the vehicle suffered moderate damage.

So why hasn't this car been recalled yet? Toyota admitted to the 2010 Prius having a braking problem but so far there has been no recall issued by Toyota. Toyota said that they are aware of an issue with the braking problem and that it was due to a software issue in the Pruis. Toyota also announced that they are currently working on a fix to the braking glitch which will only require a software fix to update but still no recall! When Hiroyuki Yokoyama, Managing officer of Toyota Motor Corporation, was asked about what drivers of 2010 Pruis should do if they find their car having braking problems such as described above that they should just press on the brake harder.

There has also been a report that an owner of the 2010 Toyota Prius has experienced accelerator problems with the vehicle that he believes are unrelated to the ABS braking system. The owner of that Prius is the co-founder of Apple, Steve Wozniak, who says that his 2010 Toyota Prius has an accelerating problem and that he can replicate the problem at will. He believes the issue he is having has to do with the control interface for the Cruise Control System that Toyota's hybrids use.

Toyota says they are still further investigating the problems that have been reported to the NHTSA by the Prius owners.

Staten Island Homeowners Can Appeal their Property Assesments Until March 2010

Thu, 04 Feb 2010 08:00:00 EST

If you are one of the unhappy Staten Island homeowners who received a property assessment amount that seems like it is wrong you have the opportunity to appeal with the Tax Commission.

Property assessment amounts were already mailed out and include the approximate property value of your home. Taken into consideration when evaluating the property value amounts is the building size, lot size, tax class, contruction year and market value.

If you own a Staten Island home that is a one, two or three family home you have until March 15, 2010 to file an appeal. If you own a co-op or condominium you have until March 1, 2010 to file your appeal for your property assessment.

Property owners who feel the market value listed for their home on the property assessment should fill out and file a Finance Request for Review which can be found on nyc.gov's website under the forms section for valuation/assessment.

If you would like to file an appeal the New York officials want the residents to know that they do not need to appear in court to appeal the decision but if you would like to you can.

How Much Is Your New York Accident Case Worth?

Wed, 03 Feb 2010 08:00:00 EST

Many people search the internet for the answer to this question they want to know how much a particular injury they have is worth in terms of settlement amount and how much compensation they should be entitled to if they were injured in New York.

Determining how much your injury case is worth in New York soley depends on the negligence of the person you are starting the lawsuit against, the severity of your injuries at the time of the accident, and what affect the injuries you sustained in the accident will have on you throughout your life. It is taken into consideration what part of your body was injured, your age and many other factors.

One way to find out how much injuries are worth is by searching for cases that have been settled similar to your case. Keep in mind when doing this you need to remember that all situations vary based on age, the part of body injured, the severity of the injury, on going treatment you will need and whether it affects your ability to work temporarily or permanently.

In order to get an accurate estimate of how much your New York accident case is worth you should contact an injury attorney in New York. Speaking to an injury attorney will help you get a better and more accurate idea of how much compensation you are entitled to for your injury whether it is an injury to your neck, back, skull, arm, hand, knee, elbow, foot, hip or any other part of your body.

Franchise Trend: Women Entrepreneurs becoming More Popular in the Franchise Community

Wed, 03 Feb 2010 08:00:00 EST

A few years ago a woman franchisor was almost unheard of but in today's day and age the franchise trends have changed and now women franchisors are becoming more and more heard of. They are starting to open not only the regular franchises that people were used to before but are starting to open but also different types of franchise companies.

Some of the more popular franchises that are predominately being run by women franchisors are:

Diet and Fitness Club Franchises
Working with Children Franchises (such as child care or daycar franchises)
Dating Franchises

Of course there are still plenty of other types of franchises that women are franchisors of but the above listed franchises are being dominated by women franchisors.

If you are interested in franchising your business and would like us to go over the legal process with your contact Charles Internicola New York Franchise Lawyer at 800.976.4904 or fill out our web form and we will get back to you. Our franchise law firm is located in Staten Island, New York but we also service clients in Brooklyn, Queens, Manhattan, Long Island, Bronx, New York, New Jersey and nationwide.

Staten Island Law Firm Helps With Search for Rapist Suspect

Wed, 03 Feb 2010 08:00:00 EST

A few weeks ago as you may already be aware there was an attempted rape that occured in Dongan Hill during the morning hours. This news initially spread so fast, a week after the incident occured, because the police did not notify anyone of the rapist suspect that was still on the loose until 7 days after. When the information was release by the police and Staten Island residents were warned of the attempted sexual assult that took place a place it left many worried because no one knows where this man is. The police did release a sketch of the man who is thought to be Hispanic, about 5'8" and with a slim build. At the time of the assult he was weirding a black hooded jacket.

In in an effort to help protect the Staten Island community from this man we have decided to take matters into our own hands and post flyers throughout the neighborhood and we are also offering a $1,000 reward to the person who reports information that leads to the arrest and conviction of this rapist suspect.

If you have seen this man help out and report any and all information you may have about this man. The number you should call if you have a tip is 800-577-TIPS which is the number for the NYPD Crime Stoppers. All inquiries will be kept confidential. If you have information that leads to the arrest and conviction of this man you will receive a unique code number that you will use to collect the reward. To collect the reward call Decker, Decker, Dito & Internicola, LLP at 718.979.4300.

Quick and Inexpensive Home Fix-ups that Can Help Your Home Sell for More

Wed, 03 Feb 2010 08:00:00 EST

If you are considering selling your home but know it needs some fixing up and do not have the money for expensive repairs and fix-ups there is still hope for selling your home. Doing some quick fix-ups to the appearance of your home can help you get more for the value of your home and won't cost you much either.

Here are 15 quick fix-ups that can get your more money for your home:

Remove excess furniture
Remove excess clutter
Clean out your closets and organize anything that needs to stay in there in an orderly fashion
Patch up any nail holes in the wall that do not have pictures hanging on them
Keep your lawn mowed
Wash exterior and interior or windows thouroughly
Paint or replace your front door if needed
Power spray the outside of the house to get rid of excessive dirt and cobwebs
Replace the welcome mat at the front steps if the one your currently have looks used
Paint or replace your mailbox if necessary
Wash or replace the front porch light fixture
Make sure your house has the house number well displayed and that the display is clean
Thouroughly clean the house before you put it on the market - sweep, mop, scrub, shampoo your carpet or wax your floors
Re-do anything that is worn down in your kitchen and bathroom
Re-paint the interior of your house if you are in need of a paint job

Having any edge over everyone else in this economy will help your house sell for more and will make your house look more appealing and like it is worth more. Once you have a buyer for your house you will need to find a real estate lawyer in your area. If you are looking for a real estate lawyer in Staten Island or if you are selling your Brooklyn, Manhattan, Queens or Bronx New York or New Jersey home you can contact us at 800.976.4904 to find out how we represent clients selling their home like you everyday and how we can be of assistance to you.

ACL Injuries on the Rise Among Teen Girl Athletes

Tue, 02 Feb 2010 08:00:00 EST

A recent study revealed that there are an alarming amount of girl teen athletes that are suffering from ACL knee injuries according to a recent article in the news.

An ACL knee injury (also known as Anterior Cruciate Ligament injury) is severe because it is one of the four ligaments that help stabalize knee movement. The knee's ACL is the ligament that links the femur to the tibia. Many sports players no matter what age are at risk for an ACL knee injury but a recent study revealed that in female children and teens under the age of 19 are 8 times more likely to suffer from an ACL injury than males are. This results in an alarming amount injuries among teen girls which totals to over 30,000 injuries in teen girls under the age of 19 ever year!

According to studies the reason that the number of girls injured compared to the number of boys injured is so high is because during the teen years a girl's body is developing fat where a boy's body is developing muscle. This is just the natural way that teenager's bodies work due to the different hormones - estrogen and testosterone - are being produced. Girls involved in sports see a risk of increase in this sport related injury because of their ligaments relaxing more due to the increased storage of fat in their body.

Here are some exercises for strenthening your ACL so that you can help prevent injury it:

Walking lunges (how do you do walking lunges?)
Toe raises (how do you do toe raises?)
Leg lifts (how do you do leg lifts?)
Stability ball squats (how do you do stability ball squats?)
and any other exercise that helps with your quads and hips will help with the stability of your knees.

Although sometimes ACL injuries occur just from playing sports there are some instances where the ACL can become torn due to a preventable circumstance. If you or a family member has suffered an ACL injury because of the negligence of another person you should get the advice of a personal injury attorney. A personal injury attorney will be able to go over your case with you and let you know whether or not you are able to start an injury lawsuit against the negligent party and how much your ACL injury is worth.

Indications of Posttraumatic Stress Disorder

mindywein@cox.net (Blog Author)25882 — Fri, 29 Jan 2010 08:00:00 EST

As you know, being involved in a serious car accident can lead to a multitude of injuries. However, did you know that an auto accident can also lead to posttraumatic stress disorder?

You may be like a lot of Americans who have heard that term, but are unsure of what it really is. Mayoclinic.com has defined posttraumatic stress disorder as “a type of anxiety disorder that’s triggered by a traumatic event.”

Though, many car accident victims only suffer from posttraumatic stress disorder for only a short period of time, others are left to deal with the disorder for years. Imagine the impact that this can have on your family life, as well as your job performance.

As a car accident victim, you need to be aware of the symptoms of posttraumatic stress disorder. The can include regular flashbacks of the event, nightmares, and can cause you to become angry and irritable, to name a few. For a complete list of symptoms, refer to the article titled Ten Signs That Could Indicate Posttraumatic Stress Disorder.

If you or someone you know has developed posttraumatic stress disorder following a New York or New Jersey car accident, you should an experienced Staten Island car accident attorney at the law offices of Decker, Decker, Dito and Internicola at (718) 979-4300 or (800) 976-4904.

Risk of Severe Injury and Accidents Due to Uncontrollable Acceleration Causes Toyota to Stop Sale Production of Cars for Recalled Toyota Models

Wed, 27 Jan 2010 08:00:00 EST

Last night Toyota announced that they are updating their recall for Toyota models that potentially may have uncontrollable acceleration problems. They upgraded the recall to the extent that they are going to stop selling all recalled car models with accelerators that might stick. Toyota has also announced that they are going to stop production of the 8 recalled models for one week, beginning February 1 (5 Toyota plants throughout the United States and Canada will be affected).

The following models of Toyota's are part of the new recall from Toyota and will not be sold until further notice from Toyoto due to the dangerous risk of the accelerator becoming stuck:

2009 - 2010 RAV4
2009 - 2010 Corolla
2009 -2010 Matrix
2005 - 2010 Avalon
2007 - 2010 Camry
2010 Highlander
2007 -2010 Tundra
2008 - 2010 Sequoia

If you own one of these recalled vehicles contact Toyota immediately for further instructions on what to do with the recalled vehicle.
If you have been injured in a car accident that was caused by a defective Toyota car speaking with a Staten Island personal injury lawyer will let you know what rights you have against the manufacturer of the vehicle. To speak with a product liability lawyer contact us toll free at 800.976.4904 to speak with Frank J. Dito regarding your case against Toyota. Remember we never charge you a penny until we have settled your lawsuit against the manufacturer that caused injury to you and your family.

Finger Amputation and Laceration Sparks Recall for Graco Strollers

Wed, 27 Jan 2010 08:00:00 EST

Graco announced last week that due to the risk of finger amputations and lacerations they are recalling some of their most popular strollers that were sold between October 2004 and February 2008. Graco's stroller recall is estimated to include 1.5 Million Graco strollers that were sold at stores for the past few years such as Babies r us, Kmart, Burlington Coat Factory, Toys r us and many other similar stores. The Graco models that are being recalled are the Graco Passage, Graco Alano, and Graco Spree Travel Systems (see images at the bottom of this article).

An infant or child is at risk of finger amputation or laceration when the stroller's canopy opens or closes. The child's finger can get sliced if they place their finger near this area when you are opening and/or closing the canopy. If you currently own one of these recalled Graco strollers Graco is advising that you stop use of the product immediately and contact Graco at 1.800.345.4109 to receive a free stroller repair kit.

This stroller recall is similar to the recall issued for Maclaren strollers a few months ago. Maclaren strollers also have a risk of causing finger amputations and lacerations. If your child has been injured by any brand of stroller due to a manufacturer defect, including a Maclaren or Graco stroller, you may want to speak with an Stroller injury attorney to discuss how your child can be compensated for the injuries he/she has sustained.

Below are images of the strollers being recalled (please note that the colors/designs may vary)

Graco Passage Graco Alano Graco Spree

Steps to Take After Being Involved in a New York Accident

Tue, 26 Jan 2010 08:00:00 EST

Many people involved in accidents find themselves trying to figure out where they went wrong when they are told that they don't have an injury case or that they will have to collect a lower settlement amount than what they expected only to find out that there was a way to avoid the circumstance they are being told they are in.

Far to many injured people that we have spoke to find out that they are unable to collect the highest amount they are entitled to or that they are unable to start a lawsuit at all because of something that they did after the accident they were involved in.

We want to help you whether you were recently injured or whether you are just looking to protect yourself in case you are ever involved in an accident in the future. Here are some quick tips to help you know what you should do if you are involved in a car accident, truck accident or motorcycle accident.

Seek medical attention immediately after the accident occurs - Whether you are injured and take an ambulance to the hospital or even if you prefer to see your family doctor (if the injury isn't life threatening) make sure you get to medical treatment that is documented from somewhere. One of the worst mistakes you can make after being injured in an accident is to not get medical help. Getting medical help from a hospital or family doctor will document that you were indeed injured and will note the severity of your injuries at the time of the accident.
Do not take a settlement offer from an insurance adjuster or agent - Do not take take a settlement offer, sign any papers from or for that matter even speak with the insurance adjuster or agent about anything that could be held against you. The truth about insurance adjusters is they work for the insurance company and are there to help the insurance company and their client not to help you. Signing papers that the insurance adjuster provides you will may actually waive your rights to starting a lawsuit and can not be reversed. Speaking to an insurance adjuster or agent may actually cause you to lose money on your settlement and possibly may cause you to be ineligible to collect any money period. Always review your accident case with an injury attorney before giving any information to the adjuster.
Do not sign medical record authorization forms -Signing medical authorization forms can allow your information to be released to the insurance adjusters. Do not sign them. Let your injury attorney handle your medical records.
Document everything - Make sure you document everything about the event of the accident, injuries, medical records, and how you feel each day.
Be honest - Never lie about your injuries or the accident - If you decide to start a lawsuit nothing will wreck your case faster than lying. Don't forget there is another attorney representing the party you are suing and their attorney and car insurance company is just waiting to catch you in a lie and will be looking for any signs of a lie. When dealing with your injury case honesty is definitely the best policy.
Find the best lawyer for your accident case, tell them everything and hire them - Once you find the best lawyer for your accident case you will want to tell them everything about your case - do not hide anything from them because they will need to know every detail about your accident and your injuries.

For more information on what to do if you are involved in a car accident request a free copy of our accident book that offers useful information for you if you were recently injured in an accident or if you would like to protect yourself in case you ever are involved in an accident.

How to Apply for Social Security Disability Benefits in New York City

Thu, 21 Jan 2010 08:00:00 EST

Suffering from a disabling condition can leave you unable to work and you may be wondering if you are eligible for anything that can help provide money for your disabling condition. If you meet the eligibility requirements for Social Security disability benefits and reside in New York you may consider applying for Social Security Disability Insurance (SSDI) benefits.

To apply for Social Security disability insurance benefits in New York City you can apply online, by phone or by visiting your local New York Social Security Office and apply in person. If you plan on applying in person it is always best if you call ahead of time because there could be a long wait.

When applying for Social Security disability benefits in New York it is important to remember that your chances of getting approved for disability benefits heightens based on how accurate and up to date your information that you are submitting is. Here are the documents you will need to provide to the Social Security Administration (SSA):

Medical History - The SSA will expect you to provide the names, addresses, phone numbers and dates of service for all doctors, hospitals and specialists you have seen for your condition. The SSA will use this information to request your medical records from each individual person that you provide but it is always better if you get a copy of the records and submit it yourself. In doing this you will be making sure that they are not missing any information that may be important in you getting approved for disability insurance.
Work History - When applying for SSDI you will want to write down every job you were employed at over the past 15 years. The SSA will look at each job you have worked at over the past 15 years to find out what type of work you are trained to do. This will help them determine whether or not you are eligible for disability benefits based on if you are able to continue to work with your disabling condition.
Personal/Educational History - The SSA will want to know not only basic information about you such as your age but they will also want you to provide how much education you have had. They are more likely to approve a person who is older and has a low level of education when compared to a young individual who has more education. This is because they feel that a younger person who has a higher education will be able to find more diverse jobs whereas a person who is older with less education may not be eligible for a large variety of work.

Remember to always be honest on you application and be as detailed as possible. It is best to gather all of your information - medical history, work history and personal/educational history - prior to beginning the application process to help ensure that you have all of the information you need to be submitted to the Social Security Administration Office.

In New York the disability benefit denial rate was at 57% in 2006 for initial applicants. If you feel as if you were wrongfully denied Social Security disability benefits in New York City and would like to speak with a New York disability lawyer regarding your appeal call Frank J. Dito Staten Island Social Security disability attorney at 718.979.4300 or by completing our short contact form. We offer a no obligation free consultation for your possible appeal for the decision to be denied Social Security disability insurance.

3 Ways to Help You Determine if You are Eligible to Receive Social Security Disability Payments

Wed, 20 Jan 2010 08:00:00 EST

If you have been injured or have an illness and are wondering if you are eligible for Social Security Disability Benefits you may be wondering how to find out if you eligible to be approved by the Social Security Administration (SSA). There are quite a few things that the Social Security Administration uses to base whether or not someone is eligible for Social Security disability insurance.

Here are 3 ways you can help determine if you may be eligible:

Your medical records must indicate the presence of an impairment, or multiple impairments, that are either mental or physical in nature
Your impairment must be severe enough that it prevents you from working because it is disabiling or your injuries cause you to be able to make less than $900.00 a month before taxes are taken out.
The impairment must last more than 12 consecutive months or be projected to be impaired for longer than a period of 12 months.

Things to keep in mind when applying for Social Security disability benefits:

Realize that your condition needs to not only be listed on in the list of qualifying disorders on the Social Security Administration website but also need to have lasted for at least 12 consecutive months so far or be projected to last longer than a 12 month period, remember that there is a seperate list of qualifying disorders for children under the age of 18.
If you are currently able to work, even if you are limited to working less hours, but make more than $900.00 a month before taxes the Social Security Administration will deny your claim without even reviewing your medical records.
The Social Security Administration ultimately bases their decision as to whether or not you are impaired enough to receive disability benefits by how long the impairement has lasted or is projected to last, that you are unable to perform work or unable perform work that will result in an income of less than $900.00 per month and whether or not you are able to perform any other type of work or not.

For more information on your eligibility to receive Social Security Disability Benefits or if you were denied Social Security disability benefits contact Frank J. Dito Staten Island Social Security disability lawyer at 718.979.4300 or 800.976.4904. For more information about Social Security disability benefits and being denied disability benefits by the Social Security Administration visit out Social Security disability information center.

NY Workers Compensation Death Benefits Available for Surviving Family Members

mindywein@cox.net (Blog Author)25282 — Tue, 19 Jan 2010 08:00:00 EST

When you lose a loved one, it is hard to imagine being able to move forward with your life. You don’t want to think what it will be like to face a life without him or her. The situation is even worse when you rely on your loved one’s income to pay the household bills. If the death was the result of a work accident, you may be able to recover compensation.

The New York workers’ compensation law gives surviving dependants the ability to obtain financial benefits. This law provides that if the New York worker dies because of a compensable injury, meaning one that is covered by workers’ compensation insurance, then the dependants may qualify for weekly benefits. These benefits are equivalent to two-thirds of the worker’s average weekly income for the year prior to the deadly on-the-job-accident.

Based on the workers’ comp law, dependants include the spouse, minor children or other family member. It is important to note that the benefits paid will not be in excess of the weekly maximum allowed by the law, even if there are numerous dependants.

For more information regarding New York workers’ compensation death benefits, read the article titled, New York Workers Compensation Death Benefits.

Contact an experienced New York workers compensation lawyer at the law firm of Decker, Decker, Dito & Internicola (718) 979-4300 or toll free at (800) 976-4904 for a legal consultation.

Questions to Ask When Searching for a Franchise: Helping New York Franchisees Purchase a Franchise that Is Set for Success

Tue, 19 Jan 2010 08:00:00 EST

Purchasing a franchise in New York can be a process that may seem difficult especially if you have never been through the process of purchasing a franchise store before.

Here are some questions you should ask yourself before moving forward with a franchise purchase:

Come up with a budget and stick to it - Determining what your budget is before you start looking around for a franchise will help you make sure you do not go over the amount you can afford or the amount you want to spend on your New York franchise purchase. Remember when evaluating the cost of a franchise all of the costs that are involved.
Choose which franchise you are interested in pursuing wisely - There are millions of franchises in the United States. Some of the franchise are hot and do great, some are hot for a time but then eventually fade and others are justs not good investments. When purchasing a franchise you want to take every avenue possible to check out the franchise you are interested in to figure out if they have a product that you think you could sell not only now but in the future. Is the franchise promising? Does it offer a product that will product business for you? All of these questions and much more are worth taking into careful consideration.
Understand the franchise policies - A lot goes into purchasing a franchise and if this is your first time you will want to make sure you understand not only the process of purchasing a franchise but also any policies that the franchise may have that you should be aware of.

Once you have chosen a franchise that you believe is potentially the right franchise for you will want to contact a franchise lawyer to handle the legal aspect of your franchise purchase. Many question whether or not a lawyer is necessary when purchasing a franchise in New York. Purchasing a franchise is a very complex process and also usually not cheap. Making such a large purchase requires that review and help of an attorney because there are many agreements that franchisors have that contain how their product will be protected and what your rights will or will not be in a situation. Knowing every detail and how to handle it is something that a franchise attorney can assist you with and in the long run can make your franchise purchase experience not only much easier but can protect you, the franchisee legally, and also can help prevent you from losing out on tens or even hundreds of thousands of dollars in the long run.

If you are interested in speaking with a franchise attorney regarding your New York franchise purchase contact Charles N. Internicola Staten Island franchise lawyer regarding your franchise purchase. Charles Internicola has represented many franchisor clients and franchisee clients so he is well aware of the franchise purchase in and out. To get started with purchasing your franchise contact Charles at 718.979.4300. For more information on franchising questions visit our blog.

The Term Brain Injury Is More Likely to be Taken More Seriously than Concussion to Parents, Children, Schools and Coaches

Tue, 19 Jan 2010 08:00:00 EST

In a recent article in the Los Angeles Times titled "You Say Concussion, I Say Brain Injury. Let's Call the Whole Thing Serious" lists the results of a recent study which was published in the journal Pediatrics which reveal that parents are more likely to take their childrens head injuries more seriously depending on what the treating doctor chooses to describe the injury as.

The study revealed that when doctors told the patients parents that their child had a traumatic brain injury (TBI) they were 1 1/2 times more likely to keep their child in the hospital longer and wait longer before having their child return to their normal daily activities such as school and sports when compared with those who were told that their child had a concussion. The study showed that the term "concussion" is taken much lighter and less serious than the term "traumatic brain injury" or "TBI".

Due to this study doctors are being encouraged to make sure parents are aware that when their child gets into an injury that a concussion is a brain injury. The terms are basically the same thing and children, parents, schools and sport coaches need to be aware of this.

Using the term traumatic brain injury will allow parents to understand the full seriousness of the situation that their child experienced and will also help them understand that their can potentially lasting effects on children, and adults alike, who suffer from these types of injuries. Potentially lingering effects of a concussion or traumatic brain injury (TBI) include hearing loss, dizziness, memory problems and depression. If you or your child are experiencing any of these lingering side effects be sure to let your health care provider know.

Hopes are that the study will not only offer insightful information to parents and the injured patients but also to those heading school football teams, college football teams, the NFL and other rough contact sports so that they will be able to understand the seriousness of concussions and will not allow their player to return playing before the brain injury has fully had time to heal. Waiting for the brain to heal is very important in case of future head injuries in the child or even in an adult. Subsequent brain injuries that occur before the brain has had enough time to heal from the first concussion can result in negative long term effects even after sustaining just a small bumb on the head.

Shoulder Dislocation Birth Injury Can Now Be Detected by Ultrasound

Thu, 14 Jan 2010 08:00:00 EST

The January issue of Radiology revealed that ultrasounds can now be used to detect posterior shoulder dislocations in infants 3 to 6 months of age with permanent brachial plexus injuries.

The study used during this research found that by using ultrasonography that permanent brachial plexus injuries can be examined. The study was done with 132 infants that were examined by ultrasonography multiple times in a 12 month period. The study also found that in one-third of 27 patients with permanent brachial plexus injuries that failed to heal in the first year that posterior subluxation of the humeral head developed. Posterior subluxation was detected by ultrasound in 55% of the patients at 3 months of age and in 89% of patients at 6 months of age.

Using ultrasound technology to help in examining and detecting conditions due to permanent brachial plexus injury shows promising results. This can be a useful tool sometime in the near future in helping parents detect conditions such as posterior subluxation in infants and young children.

If your child suffers from permanent brachial plexus injuries due to medical malpractice or a physician or obstetricians negligence contact an experienced Staten Island New York birth injury lawyer. To speak with Staten Island Birth Injury attorney Frank J. Dito call 718.979.4300 to find out if we are the best birth injury lawyer for your child's birth injury case.

New Law to Prevent Accidents Among New York Teen Drivers Under 18

Mon, 11 Jan 2010 08:00:00 EST

Many car accidents occur every year due to drunk driving and some of the drunk driving accidents in New York are because of under-aged teens who drive drunk but a recent study suggests that even though this is a major threat and needs to be continued to be addressed this is not the leading cause of teen car accident injuries in New York.

A recent study among injured New York teen drivers suggests that the top reasons that contribute to accidents among New York teen drivers are the teen driver being distracted and the teen drivers inexperience. While both of these two sort of go hand in hand the state of New York is taking actions at both ends to try to ensure safer roadways for teens and adults alike.

The new graduated license law will be enforced in New York starting February 22, 2010 and will eliminate the limited-use junior driver's licence. The new teen driver law will consist of three main new laws for teen drivers under the age of 18:

It will be illegal for someone under the age of 18 to drive with more than one non-family member that is under the age of 21 unless a parent or legal guardian is present in the car
It will cause an increase in the number of driving hours needed to go from a learner's permit to the graduated license from 20 hours to 50 hours with at least 15 hours of those being after sunset
It will require a teen under the age of 18 to have a permit for no less than 6 months prior to applying for a graduated license

Keeping the roads safe by helping teens be less distracted while they are driving is needed. If you look at the statistics of New York teen drivers they make up 12% of the driving population in New York now and are responsible for 20% of accidents that occur. In fact in 2006 16 to 24 year olds involved in car crashes were responsible for over 200 deaths and approximately 26,553 car crash injuries in teens and young adults alone.

How to Choose the Best Staten Island Injury Lawyer for Your Accident Case

Tue, 05 Jan 2010 08:00:00 EST

Finding the best injury attorney for your Staten Island injury case may seem difficult and you may not know where to start when looking for an injury attorney in Staten Island or whatever area of New York that you live in.

With the injuries you have sustained in your accident it may seem like a task as simple as looking for a lawyer may have become hard work. We want you to go through the least trouble possible while still being able to choose the right attorney for your injury case whether you choose to become our client or not. We just want to make sure that you are not having any added stress to what you already have suffered due to your injuries.

Finding a Staten Island injury lawyer who can settle your lawsuit for the most amount money possible while also treating you like a valued client is the ultimate goal. Here are some things to look for when choosing a Staten Island injury lawyer or a lawyer in any other part of New York for that matter:

Does the lawyer ask for legal fees, recovery fees or any other type of costs upfront? Most lawyers will not charge you fees upfront but rather will put out money on behald of their injured client and will recover any fees or costs once the case has been settled.
Has the lawyer had experience with your type of injury case before? Finding an experienced Staten Island injury law firm is very important. So when searching for an attorney be sure to ask if the lawyer has had experience with your type of injury case and if he/she has the appropriate working relationship with experts that will be able to help you in your injury lawsuit.
Ask your friend, neighbors, family and co-workers if they have ever heard of or dealth with the injury attorney before. If so, ask them their opinion of the attorney this may be able to give a better idea of whether or not this attorney is the right injury attorney for your accident case.
Do an online search for the Staten Island injury lawyer and see if any blogs, websites or reviews come up about the attorney. If you find any information on the attorney read up on them and see if they seem like the best injury attorney for your case. Things to look for on their website or other sites with reviews of them are testimonial or comment sections also you will want to see what type of education and understanding of injury cases they seem to have.
Make sure they are in good standing with the New York Bar Association.

Once you have found one or a few Staten Island personal injury lawyers that you may interested in you will want to contact them. Some lawyers have online forms you can fill out and they will contact you back or you can call them. Ask the lawyer any questions you may have and ask them if they offer free injury case consultations at their law firm. If you feel as if this may possibly be the attorney you will choose ask them if you can meet with them to review your case at no cost. Keep in mind that a good attorney is not just looking for clients but looking for injured people that they can truly help by collecting a settlement for them ultimately bringing justice to the negligent party involved.

You may be wondering where to start your search for the right personal injury lawyer. There are many place you can look such as google maps, a google search for an injury lawyer in Staten Island or other search engines or searching tools that will find lawyers in your area such as Avvo.com.

Deaths and Injures by Falling TV's and Furniture are on the Rise

Thu, 31 Dec 2009 08:00:00 EST

A recent study and recent stories in the news have showed that children being injured by and dying from falling furniture and televisions are on the rise. The Century for Injury Research and Policy at Nationwide Childrens Hospital in Ohio reviewed reports from over 100 hospitals from 2000 to 2007 which revealed that 14,700 children on average went to the hospital per year for furniture related injuries between those years. Out of those 14,700 furniture related injuries over half of those injuries were because of falling televisions and over 300 per year resulted in death.

Many people are wondering why the amount of children getting injured by falling tv's are rising while the televisions seem to be getting lighter with more and more people purchasing flat screen tv's. The reason points to two seperate issues:

Many people purchase flat screen televisions that are larger than the older models of televisions that were sold before. Some people purchase 50" flat screen televisions to replace an older 32" television. Regardless of the fact that flat screen televisions are lighter than older bulkier televisions when you are considering a 50" flat screen tv falling on a child it is still heavy and can do a lot of damage.
Some flat screens are not very stable and can be easily knocked over
Some people who replace their older heavier televisions with a flat screen television take their older televisions and put them in a different room. Sometimes the "different room" is a toddler or young child's room. Becuase some people do not have TV stands for their older TV they put the TV on a piece of their childs furniture. Putting a television on a dresser or another high or unstable piece of furniture can be very dangerous to children and if it falls on a child can crush them because of the weight of the television.

In the past couple of week at least five children nationwide have been injured by falling televisions, one of the children was from near this area in New Jersey. Things you can do to reduce the chances of your child getting injured by a falling television are the following:

Do not place your television on unstable furniture
Do not place your television on high furniture
Make sure if you have a flat screen TV that is properly mounted on the wall or placed securely on a television stand.

Staten Island Home Sales: What to Do if Your Home Is Worth Less Than the Mortgage

Thu, 31 Dec 2009 08:00:00 EST

Many people who purchased a home prior to the economic downturn may be in a situation currently where their home is now worth less than the mortgage is on it. When a mortgage is higher than what a home is worth it is called negative equity. Currently a lot of homes appraise for much less than what their homes used to be worth because of the recession leaving many people with mortgages that are higher than what their home is worth.

Negative equity can affect people in many different ways. Some people may find themselves able to still pay their mortgage and may not be affected by the negative equity situation and may eventually be able to recover from the negative equity in the long run if the worth of their home goes up. Other people may find themselves unable to pay for their mortgage anymore and may want to either try to make their monthly mortgage payments more affordable or may want to sell their home so that they do not need to make such expensive mortgage payments anymore.

When a homeowner is left with a negative equity home loan and they are unable to pay their monthly mortgage payments there may seem like there is no way out and no options to recover from the damage that has been done. They may also feel like there is no way around this problem and may seem like you are on the bottom of a huge mountain looking up at nothing but an impossible situation. Luckily there are options for you if you are one of these homeowners.

If you cant afford to live in your home anymore you have a couple of options that you can consider before ending up in foreclosure:

Loan Modification - A loan modification is when the bank agrees to modify the terms of the loan outside of the original terms of the contract. In this option you will remain living in your home but will just have the terms of the mortgage changed to help reduce your monthly payments.
Short Sale - A short sale is when the bank agrees to take a lower amount for the sale of your house than what the loan has left on it. For example if you have a mortgage with $245,000 left but you can only sell your house for $220,000 the bank will decide if the amount is acceptable if so they will release you of your lien once the sale takes place. The bank will be loosing $25,000 but they will still be making more off of the house than if the house went into foreclosure. This process starts off similar to a regular home sale where the homeowner puts the house up for sale and finds a buyer. Once a buyer is found and a contract of sale is signed certain paperwork has to be submitted to your bank so the bank can decide if the offer for the house is acceptable to them. If so the short sale process will continue and the house will be sold at closing.

These two choices are the best way route to go if you are unable to make your montly payments anymore and have a negative equity home loan.

For more information on loan modifications or short sales in Staten Island or Brooklyn, New York or New Jersey call 718.979.4300 or 800.976.4904 to speak with a Staten Island real estate lawyer.

New York Drivers and Residents Should be on Alert for Drunk Drivers this New Years

Wed, 30 Dec 2009 08:00:00 EST

The State Office of Alcoholism and Substance Abuse Services (OASAS) asked New Yorkers to be on the alert this New Years for drunk drivers. The OASAS is reminding New York residents that being on aware of and reporting people who are driving drunk is just as important as reporting a suicidal person, a person with an illegal firearm, or a person plotting to kill someone. There should be no difference when it comes to reporting people who are driving drunk in New York.

Every year in New York, especially in New York City, thousands of car crashes occur because of drunk driving and many driver and pedestrians alike are severely injured and in some cases die. While efforts to stop drunk driving seem to have decreased the numbers of people driving drunk in New York in the past year the accidents that occured in 2008 seem to have been more severe and fatal when compared to those of the previoius year. In 2008 alone 9,202 alcohol related car accidents occured in New York of which 355 resulted in death. Of the 355 people that died due to a alcohol related car accident:

212 drivers were killed (195 of them were drunk)
77 passengers were killed
82 pedestrians were killed
10 bicyclists were killed

New York State officials are urging people to report drunk drivers this New Years and anytime for that matter to help reduce the number of alcohol related accidents in New York and to reduce the number of deaths due to drunk driving.

In an effort to help keep children safe in New York against drunk drivers a law was put into effect that makes it a felony to drive under the influence with a child in the car that is 15 years of age or younger. The law is called Leandra's Law. So far numerous arrests have been made throughout New York State since this law was put into place.

In addition to the efforts already discussed certain areas of New York have put Social Host laws into effect. The Social Host laws are put in place to help prevent parents or any other adults from hosting parties and giving alcohol to children, teens or young adults under the age 21. The Social Host laws are currently in effect in Albany, Dutchess, Greene, Monroe, Montgomery, Nassau, Suffolk, Ulster, Warren, Washington, Westchester and Livingston.

To help children and adults alike stay safe this New Years in New York please help us in the OASAS's Be Alert Communities. Keep an eye out for anyone you may see that is drinking and then wants to drive, especially if they have a child or young teen in the car with them. If you notice a drunk driver or someone who is intoxicated and attempts to drive contact the proper authorities.

While preventing drunk driving is ultimately the goal of these efforts by the New York community and people nationwide accidents still occur because of drunk drivers at times. If you or a loved one has been injured by a drunk driver in New York and would like to speak with an injury attorney about the injuries you have suffered by an intoxicated driver contact Frank J. Dito Jr. Staten Island New York car accident attorney at 718.979.4300 or 800.976.4904 or fill out our contact form. After our inital phone call we will schedule an appointment for you to come in for a free car accident case evaluation.

Why Buying a Small Business in a Recession Has Advantages

Wed, 30 Dec 2009 08:00:00 EST

Some may think that purchasing a business during a recession is a bad idea and that they should hold off until the economy is more stable before considering buying a small business or purchasing a franchise. The truth is that for many purchasing a business during a recession may actually be a good idea depending on if you are able to afford a business at this point and time.

For many the dream of owning a small business or a franchise has always been there and many wish they could make it a reality but are not sure if it is the right time. Purchasing a small business in a recession or in a down economy has many advantages:

You can negotiate better terms with the seller of the business
Small business owners who are selling their business are more open to ideas
With many people out of work it makes for a great opportunity for someone who is creative and already skilled in an area and are able to purchase a small business dealing with their area of expertise.

Keep in mind when purchasing a business to always make sure you evaluate your business purchase from all aspects. You will want to evaluate the financial aspect, legal aspect, location of the business and you will also want to make sure you conduct proper due diligence.

If you would like to discuss the purchase of a business or franchise in New York contact Charles Internicola Staten Island business lawyer at 718.979.4300. Our law office handles business purchases, business sales, franchise purchases, franchising a business, business partnership disputes, commercial and business litigation and many other areas of business and franchise law. We handle local cases in the Staten Island, Brooklyn, Manhattan, Queens, Bronx, Long Island, New York and New Jersey and also handle certain cases nationwide.

Staten Island Real Estate: Latest Data from Case-Shiller Shows Now is the Time to Buy a Home

Wed, 30 Dec 2009 08:00:00 EST

Some of you, especially if you are considering buying a home, may constantly be checking to see if the housing market is improving to base your decision of whether or not you should buy a house, may have recently seen the Case-Shiller report which recently was released. According to a recent article in the Wall Street Journal the Case-Shiller report should be used as evidence that now is the time to purchase a home.

According to the Case-Shiller report two things are true and those same truths are reasons why now may be the perfect time to buy a home:

The Case-Shiller 10-city index shows that real estate prices have fallen 30% since 2005

Mortgage rates have fell. Mortgage rates are currently 1.4% lower for a 30 year fixed loan than in 2006.

These two major points that were released in the Case-Shiller report show that individually it improves a buyers reason to purchase a home. When these two things are put together it is an ideal time for someone to purchase a home as long as they have the funds to do so.

If you are interested in purchasing a home in New York and are looking for legal representation for your home purchase contact Steven T. Decker Staten Island and Brooklyn real estate attorney at 718.979.4300 or 800.976.4904. We look forward to speaking with you and answering any legal questions you have regarding your Staten Island or Brooklyn real estate purchase.

Arthritis Tylenol Recall Issued because of Moldy Smell

Tue, 29 Dec 2009 08:00:00 EST

McNeil PPC Inc. has expanded a recall on one of their popular over-the-counter drugs. Tylenol Arthritis Pain Caplets are being recalled after they received multiple complaints by consumers stating that their Tylenol had a strong mold smelling odor coming from the Tylenol bottle.

The Tylenol recall was originally issued in November but the manufacturer along with the FDA has expanded the recall to include five additional lots of Tylenol Arthritis Pain Caplets.

The moldy or mildew like smell that is coming from the Tylenol is said to be associated with side effects such as nausea, stomach pain, vomitting and diarrhea. The smell that is coming from the recalled Tylenol is being caused by the break down of a chemical that was used to treat the wooden pallets that are used to package the products materials on. The chemical is known as 2,4,6-tribromoanisole. 2,4,6-tribromoanisole is released when the chemicals breakdown a common fungi. The full effects of 2,4,6-tribromoanisole is not fully known. So far the FDA and McNeil PPC Inc. have only received reports of minor to mild temporary effects from the tainted Tylenol which was recalled but consumers are urged to report any symptoms, especially if they are severe adverse side effects, immediately to the FDA.

The recalled over the counter medication carry the UPC #0045-0838-21 and the Code #8382100 The lots that are being recalled of the Tylenol Arthritis Pain Caplet 100-count bottles with red EZ-Open caps are as follows: 07CMC011, 07DMC022, 07DMC024, 07FMC032, 07FMC033, 07GMC038, 07GMC039, 07HMC045, 07HMC051, 07HMC053, 07JMC064, 07JMC069, 07JMC070, 07JMC071, 07XMC055, 07XMC058, 07XMC062, 08AMC002, 08AMC005, 08CMC026, 08DMC029, 08EMC037, 08EMC039, 08FMC044, 08FMC045, 08GMC050, 08GMC053, 08GMC063, 08GMC065, 08JMC103, 08JMC109, 08JMC110, 08JMC111, 08KMC124, 08KMC127, 08KMC131, 08KMC132, 08XMC093, 08XMC094, 08XMC095, 09AMC010, 09CMC041, 09EMC075, 09EMC079, 09EMC076, 09GMC096, 09GMC097, 09GMC099, 09JMC118, 09JMC126, 09KMC133, 09KMC134, 09XMC114, and 09XMC116.

This recall is one of many Tylenol recalls that have been issued in 2009. If you have suffered adverse reactions because of Tylenol that has caused you health problems or has caused a dangerous or permanent illness contact a product liability attorney to discuss your legal rights regarding your possible Tylenol lawsuit. To speak with an Tylenol attorney in New York call Frank J. Dito Jr. Staten Island product liability lawyer regarding the adverse reactions you suffered from Tylenol or any other medication contact us at 718.979.4300 or 800.976.4909 for a free evaluation of your injury case.

Paxil Lawsuits for Suicide and Attempted Suicide Estimated to Have Cost GlaxoKleinSmith over $1 Billion So Far

Tue, 29 Dec 2009 08:00:00 EST

GlaxoKleinSmith, a British drug manufacturing company, is said to have paid over $1 Billion in Paxil lawsuits consisting of cases where there was suicide, attempted suicide or other complications as a result of adverse side effects from taking Paxil. GlaxoKleinSmith has not confirmed or denied the amount of the payout from Paxil lawsuits as of yet.

Paxil, also known as paroxetine, and Paxil CR were discovered a few years ago to be linked to suicidal thoughts in children and young adults especially those who have psychological disorders already. Paxil is an anti-depressant that has been found to show extremely dangerous adverse side effects. The drug was banned from being used for children under 18 years of age and was required in 2006 to put a new warning on the drug specifically geared towards young adult between the ages of 18 - 30 years old. The problem is that the anti-depressant drug Paxil has been prescribed since 1993 without a warning and without a specific warning label for young adults of the dangerous side effects of Paxil.

Over the past 16 years thousands of people have been affected by this dangerous adverse side effect of Paxil causing suicidal thoughts. The large amount of people who have been affected by Paxil have resulted in many lawsuits which have been estimated to have cost the manufacturers of GlaxoKleinSmith over $1 Billion not including the lawsuits which have recently immerged against Paxil for birth defects. Suicidal deaths and suicide attempts account for approximately $390 Million of the lawsuit payouts for Paxil. The remaining lawsuits consist of various other adverse side effects and health problems from Paxil which include the following health problems:

Anxiety Attacks
Panic Attacks
Agitation
Hostility
Aggressiveness
Engaging in Unusual or Dangerous Activities
Extreme Mood Swings
Unusual Changes in Behavior
Serotonin Syndrome which includes symptoms of confusion or mental changes, rapid heart rate, nausea, vomitting or diarrhea, hallucinations, blood pressure changes, irregular heart rhythm, over-active reflexes, fever, sweating or shivering, shakiness, agitation, seizures and coma.
Chest Palpatations
Difficulty Sleeping
Internal Restlessness or Jitteriness

If you are one of the thousands of people who have suffered from adverse reactions from the anti-depressant drug Paxil and would like to start a lawsuit to be compensated for the health problems or suicidal attempts and thoughts contact a Staten Island product liability lawyer to discuss your lawsuit in New York against GlaxoKleinSmith for adverse reactions to Paxil. If you would like to speak with a personal injury lawyer or a Paxil lawyer in New York City call 718.979.4300 or 800.976.4904 for your free Paxil case evaluation. Click here to contact a Paxil lawyer in New York.

First Time Homebuyers Were Very Active In Purchasing Homes in New Jersey in 2009 According to Survey

Tue, 22 Dec 2009 08:00:00 EST

By now you probably know about the First Time Homebuyers Tax Credit that has been available to first time homebuyers and homebuyers who have not owned a home in the past three years and you may have even heard that the first time homebuyers tax credit has been extended until spring of 2010. But is this tax credit really working? Well in New Jersey it seems to be.

According to the New Jersey Association of Realtors (NJAR) the number of first time home buyers rose in 2009 to account for 52% of the total real estate purchases that took place in the state of New Jersey. In 2008 first time homebuyers accounted for 49% and in 2007 they accounted for only 36%.

Many people are saying that now is the perfect time to buy a home especially in the northeast area such as New York or New Jersey. When compared with other national real estate market statistics the northeast seems to be experiencing an overall better housing market than the rest of America in many aspects such as house value along with the amount of equity earned in from the house.

When the first time homebuyers who bought homes in New Jersey recently what was the biggest reason for the move it was because of the First Time Homebuyers Tax Credit and because of low mortgage rates.

Currently if you are a first time homebuyer purchasing a home in New York, New Jersey or anywhere else in the United States you may be eligible to receive up to $8,000 back for the purchase of your first home.

If you would like to know more about the purchase process and are currently residing or wish to reside in New York or New Jersey you can contact our real estate law office for any questions you may have regarding the legal aspect of purchasing a home. Steven T. Decker Staten Island real estate lawyer can be reached at 718.979.4300 or 800.976.4909.

How to Watch Your Own Back at Work

mindywein@cox.net (Blog Author)23780 — Mon, 21 Dec 2009 08:00:00 EST

Back injuries are one of the most common types of injuries that you can suffer while on-the-job. The types of work-related back injuries can range from mild to severe, with life-altering effects. A back injury can affect your ability to perform household chores, as well as impact your ability to perform your duties at work, eventually leading to a possible loss of wages.

The good news is that there are certain precautions that you can take to minimize the risk of suffering a work related back injury. As a matter of fact, MayoClinic.com has provided some tips to help employees avoid back pain and injury.

It is recommended that you stay physically fit. Specific stretching and strengthening exercises can strengthen your back, helping minimize the risk if injury.

You should focus more attention on your posture. Poor posture can create problems in your back.

If you are lifting heavy items, lift them the proper way. Always make sure that your legs are doing the majority of the lifting.

Lastly, pay special attention to your work area and make any necessary modifications. These adjustments can help reduce the physical demands placed on your body and your back.

If you or someone you know has suffered a back injury while at work, you should contact an experienced Staten Island workers compensation attorney at the law offices of Decker, Decker, Dito and Internicola at (718) 979-4300 or (800) 976-4904.

Recall Issued for 50 Million Blinds After Another Child Dies After Being Strangled

Wed, 16 Dec 2009 08:00:00 EST

Yesterday one of the largest recalls in history took place for something that almost everyone owns. A recall was issued for 50 million blinds. Among the types of blinds recalled is Roman blinds and roller shade type of blinds. The massive recall was issued due to the risk of strangulation for young children.

The recall was announced by the Consumer Product Safety Commission after the death of yet another child was announced. This brings the total deaths associated with the dangerous blinds to 8 and the total injured children due to the blinds is now at 16. Earlier this year a recall was issued for 5.5 million shades and blinds for the same risk of strangulation but at that point only 3 children were dead and 7 suffered injuries from being nearly strangled to death. Now not even 4 months later the death toll and number of injured children has more than doubled. This is a very dangerous risk to many young children and has taken the lives of children from a wide variety of ages. If you have a child, regardless of their age, it is very important that you follow the guidelines for the proceedure to correct the dangers associated with these recalled blinds.

Recalled Roman blinds and roller shade blinds are being recalled because of three associated hazards:

Roman shades with looped beads
Strings on the back of Roman shades
Lifting loop on roller shades

Parents should know that if they have shades with any of these type of strings they should immediately contact the Windows Covering Safety Council by phone at 800.506.4636 or on the web at www.windowcoverings.org for a free repair kit. Alternatively, parents can also go to the store and purchase new roll up blinds with a breakaway device or blinds with no cord at all at their own expense. While waiting for the repair kit to arrive parents should make sure that the blind cord is not in reach of a child.

Here are a few tips the CPSC and the WCSC are offering to parents:

Take a look at all of the blinds in your house to make sure that none of the blind or shade cords are accessable to children. Blinds and shades with no cords or strings are the best choice of blinds if you have children living in the house or if you watch children on a regular basis.
Do not place cribs, bed or any other type of furniture next to the blinds. Doing so can give children access to cords that may otherwise be unreachable.
Make sure loose cords are not accessable to children.
If the window shade has looped beaded chains or a nylon cord you can install a tension device to keep the cord taut

Remember even if you think that your child knows better than to end up getting entangled in a blind or shade cord this may not be the case. Some of the children who got entangled in the cords were 4 years old so this strangulation hazard is not just for those with young toddlers but is also for those with older children too. Children do not intentionally get tangled in window cords usually it happens in a situation that randomly happens. So please keep a safe eye on your children and if you have recalled blinds in your house please either replace them or order the free repair device as soon as possible.

We never like to hear of children becoming injured or tragically killed and would rather prevent an injury or death of a child rather than have to take on a child injury lawsuit or a wrongful death case, especially due to product liability where the injury or death is solely the fault of the manufacturer. In the event that your child has an accident involving dangerous blinds or shades you can contact us to discuss how we can help represent you and your injured child in their case. For a free consultation with Frank J. Dito Staten Island and Brooklyn product liability lawyer contact us toll free at 800.976.4904 or at 718.979.4300. If you prefer to contact us by email please fill out our online web consultation form and we will get back to you.

Common Injuries in the Workplace

mindywein@cox.net (Blog Author)23465 — Tue, 15 Dec 2009 08:00:00 EST

Americans are injured at work everyday. What seems like any other day can turn catastrophic in mere seconds. The injuries can have life altering ramifications. In some cases, it can even lead to death.

Most people assume that workers in the construction industry are mostly at risk. That is not the case. People in clerical positions are also injured while on-the-job. A serious injury can take place in just about any field. The list of work-related injuries is practically endless.

Common injuries that workers suffer while on-the-job, include traumatic head injuries, neck injuries, back injuries, spinal cord injuries, broken bones and carpal tunnel syndrome, to name only a few.

These types of injuries can be traumatic and may take anywhere from days to years to fully recover. A lot of these injuries may be a result from negligence on the part of someone else, including employers.

A work-related injury can affect you ability to perform your job and eventually lead to a loss of wages. You need to understand that you have rights and may be entitled to worker’s compensation.

If you or someone you know has been injured in a New York or New Jersey work accident, you should contact an experienced Staten Island accident attorney at the law offices of Decker, Decker, Dito and Internicola at (718) 979-4300 or (800) 976-4904.

The Most Common Mistakes Homebuyers Make when Having their Home Inspected

Tue, 15 Dec 2009 08:00:00 EST

Purchasing a home is usually the most expensive purchase you will ever make in your life and you will not want to skimp on necessary things during your purchase process such as a home inspect or a real estate attorney (why do I need a real estate attorney if am buying a home in New York?) Making sure you included important precautionany steps during the home purchasing process will be key to you ultimately being happy with your new home.

One important aspect of purchasing a home is making sure that there are no hidden defects in the home's structure or large appliances such as the hot water heater. A home inspection report (also known as an engineers report) will reveal any problems with the house and will allow you to make an educated decision with your home purchase. Having a home inspection done costs a few hundred dollars but if not done can potentially cost you tens of thousands in the long run.

Eventhough you have a home inspection done doesn't mean that you are completely in the clear there are some guidelines that you will want to follow when choosing a home inspector and when the home inspection is taking place that will help ensure you get the most out of your home inspection and that you won't get any unexpected unpleasant suprises a few months or years down the road after you move into your new home.

Some guidelines you will want to follow when having your home inspection done are as follows:

Make sure you get a home inspection done even if the property is newly constructed
Choose a home inspector based on the experience and knowledge of the person not by the cheapest price
Be present for the home inspection
Follow your home inspector's recommendations (after all they are the expert in this field)

Following these steps will help ensure that you get the most out of your home inspection.

If you would like more information on purchasing a home you can contact us to receive a free copy of "5 Myths that Can Ruin the Purchase of Your Home". We are currently offering this real estate book written by Staten Island real estate lawyer Steven Decker at no cost to those purchasing a home in New York or New Jersey.

Finding a Good Franchisor in a Recession is Key to your Franchise Purchase

Tue, 15 Dec 2009 08:00:00 EST

Finding a helpful and supportive franchisor requires much due diligence and is very important but it is even more important recently with today's economy.

According to a recent article by CNBC the franchises that seem to be having the most growth this year and seem to be doing their best in sales are the franchises who are run by franchisors who are willing to help potential franchisees find new sources of capital.

In a recession or an economic slump franchises and self-owned businesses usually sky rocket due to layoffs but recently the number of people venturing out to purchase a franchise have dwindled. On the other hand while certain franchises have dwindled in their franchise sales there are many such as Subway and quite a few other sandwhich chains have ranked among the most sucessfull and fastest growing restaurant franchises this year. Many believe this is due to the support of the franchisor helping the potential franchisee find ways to fund their purchase. In most cases those who have been laid off from their job and would like to purchase a franchise lack one major thing needed in buying a franchise - that is the funds to purchase it. By helping the potential franchisee eliminate the concern of where the money to purchase the franchise is coming from will often sway the potential franchisee to purchase the franchise they were looking into making it not just a thought of purchasing a franchise but causing it to become reality.

If you are interested in purchasing a franchise and would like to know more about the process of purchasing a franchise and would like answers to common issues and concerns that you may be facing when purchasing a franchise visit our franchise blog.

New York State Sues Administrator of Workers' Compensation Insurance Company

Tue, 15 Dec 2009 08:00:00 EST

Whether you are a small business owner in New York or an employee of a business in New York you may be aware what workers' compensation insurance is. Workers' compensation insurance is an insurance that covers an employee in the event that they are injured due to a work related accident. New York businesses who pay into workers' compensation insurance expect that the workers' compensation premium they are paying every month will cover the amount of workers' compensation insurance they need for their employees but according to a recent article in the New York Times there is one company that offers workers' compensation insurance to companies that allegedly conducted bad business in their workers' compensation coverage and is now being sued by the New York Workers' Compensation Board and the New York attorney general's office.

CRM Holdings, a workers' compensation insurance company to many businesses in New York State, is recently had a lawsuit filed against them by New York State seeking $405 Million in damages. According to the New York Workers' Compensation Board and the attorney generals office CRM Holdings for years has been charging companies an artificially low premium leaving New York businesses inadequately covered as far as workers' compensation benefits go.

The attorney general's office also informed the New York Times that they will be filing an additional lawsuit against CRM Holdings within the next week for business fraud, security fraud and deceptive and illegal practices to attract business. In fact, CRM's extremely low premiums actually has caused over 10 workers' compensation insurance trusts to go out of business due to the extremely low rates that CRM would offer.

CRM Holdings has not said much about the lawsuit for false workers' compensation coverage amounts yet except that they are denying the claims.

Having adequate workers' compensation insurance is very important for both a business owner and an employee and falsely advertising to businesses that they are getting more for their money and paying lower premiums when they are actually unknowingly inadequately covered is not a good situation to be in. Good thing for many New York small and medium sized business owners and employees that this company's secret was unveiled and is now being addressed at the State Supreme Court in Albany, NY.

10 Million Cans of Slim-Fast Recalled Due to Possible Contamination

Mon, 14 Dec 2009 08:00:00 EST

Unilever, the company responsible for manufacturing the diet drink Slim-Fast, announced that they are recalling 10 Million cans of ready to drink Slim-Fast due to possible contamination with the bacteria Bacillus cereus which can cause people to get sick.

If you have ingested a recalled ready to drink Slim-Fast and experience diarrhea, nausea and/or vomitting you may have ingested one of the drinks that were affected by this recall. Food poisoning due to the bacteria Bacillus cereus usually has an incubation period of 4 to 16 hours and then has symptoms of diahhrea, nausea and/or vomitting for 12 to 24 hours.

Although, according to the spokeswoman of Unilever, complications and life threatening injuries due to this food contamination are rare there is still a possiblity of complications occuring. If you suffered severe complications or life threatening or long term injuries associated with food poising by the contamination of ready to drink Slim-Fast that you have purchased you will want to look into finding out what your legal rights are. The best way to do this is to contact a personal injury attorney in your area. If you live in New York or New Jersey and have questions concerning how to start a lawsuit against a company for product liability contact Frank J. Dito Jr. Staten Island injury lawyer at 718.979.4300.

Unilever is still not completely sure about specifically which cans may have the bacteria present in them so they are recalling all model numbers. Consumers who have recently purchased the product should stop use of the product immediately and contact Unilever for a full refund of the recalled Slim-Fast drink.

Subaru Lists New York Among Other States for Impreza Recall Due to Fire Hazard and Burn Injuries

Mon, 14 Dec 2009 08:00:00 EST

The National Traffic Highway Safety Administration announced that Subaru has issued a recall for the Impreza WRX. The recall consists of 5,724 2002 -2003 Subaru Impreza WRX vehicles which were sold or currently are registered in the following states: South Dakota, Nebraska, North Dakota, Minnesota, Idaho, Iowa, Montana, Colorado, Wisconsin, New York, Wyoming, Michigan, New Hampshire, Vermont and Maine.

The Impreza recall was issued because of a potential fuel leak in the fuel delivery line where the line connects with the rubber hose. Subaru announced that the likelihood of this problem occuring worstens in the winter months due to starting the car in extremely cold tempuratures.

If you own a 2002 - 2003 Subaru Impreza WRX and live in any of the above states you can contact your local Subaru dealership to get the fuel line replaced free of charge. It is very important that if you own this vehicle you contact the Subaru dealership to schedule an appointment immediately because if an ignition source is present the fuel leak can cause a fire which could lead to burn injuries, other severe injuries and vehicle damages.

If you would like to inform the National Traffic Highway Safety Administration (NHTSA) of your car's specific problems due to this recall or if you sustained an injury due to the car's defect you can contact the NTHSA at 888.327.4236.

If you have been injured due to a manufacturer's car defect if so click here for more information regarding New York product liability and your legal rights.

Short Sales Should Eventually Become a Shorter Process

Fri, 11 Dec 2009 08:00:00 EST

If you are a troubled homeowner who was at risk of having their home foreclosed on you may be considering something called a short sale and you may or may not be familiar with the process of a short sale. If you are considering the process of a short sale for your home as an alternative to foreclosure it may be the best things for you because unlike a foreclosure the debt does not stay with you and it does not go on your credit report that you have been involved in a foreclosure (foreclosures stay on your credit report for 7 years). But one thing that short sales are known for in the past are for not being short.

Short sales usually never take under three months to close. As a matter of a fact, short sales on average take six months or longer. Eventhough the process is worth the wait for the seller and most of the time, as long as the sale goes though, for the buyer and bank also. But that is not to say that the wait is not a time that many wish would go buy faster.

According to a recent announcement made the Department of Treasury has decided to step in and do something that sellers can't do when they are involved in a short sale and that is tell the banks to make the short sale process and loan modification process go by faster. The main thing motivating the Department of Treasury to make the short sale process faster is that currently 80% of all short sales fall through because the process is taking too long and the buyer decides they no longer want the home.

Other people than the seller and purchaser will profit from changes being made to the short sale process in the future also. Real estate agents have been reluctant to take on short sales because a lot of times it results in the realtor's commission being decreased in order to allow the sale to go through when the lender says that they would like the house to be sold at a higher price than what the purchaser is willing to offer. Often times the real estate agent decreases their fee in order to allow the sale to still go through - under the new short sale rules this will no longer be able to happen so realtors may be less reluctant to accept short sale deals.

Under the new short sale rules lending institutions will be required to approve or disapprove a short sale within 10 days and will also have to excuse the individual applying for the short sale from all debt obligations once the short sale is completed. The Department of Treasurty has advised banks and lending institutions that they have until April 5, 2010 to put the new short sale rules into effect.

Ways to Help Your Child Avoid Toy Injuries

Fri, 11 Dec 2009 08:00:00 EST

As a parent or a family member of someone with a child you want to see the child in your life excited when they get the present they have been wanting during the holiday season but more importantly than getting the perfect gift you will also want to make sure the gift is safe.

According to the Consumer Product Safety Commission (CPSC) there were approximately 235,300 toy related injuries that were treated at the emergency room in 2008. Because there was such a significant number of children that were injured last year it is important that we make sure to keep the children in our life safe by following a few simple tips that were offered recently by the technical director of SGS Consumer Testing Services, Malcolm Denniss.

Make sure the game or toy is age appropriate for the child - checking and following the age guidelines posted on toys and games is important and was put there by the CPSC who researches what group is age appropriate for the toy based on what injuries and dangers it can cause to children of different age groups.
Check toys for damage - You should check your childrens toys periodically for wear and tear and to make sure there are no broken parts but the CPSC is also advising that parents check their childrens toys periodically after they first receive them. The reason they are now recommending this is because children tend to over-play with toys when they first receive them especially during the holiday season when they are on a break from school and have a lot of time to play with their new toys. Not only do children tend to play with toys more when they first get them but they also tend to play with them rougher because of the excitement of receiving a new toy. If you notice that one of your childrens' toys is breaking or falling apart the toy should be taken away from the child immediately to avoid a toy related injury such as choking or lacerations from sharp parts.
Check for recall notices - You can check toy recalls with the toy or department store or check it online through either our injury blog section on our website or the CPSC website (which is updated with any toys that have been recalled). Checking for recall notices will help you avoid purchasing any products that have been recalled if a store did not pull them off of the shelves yet or if you have already purchased the toy. Defective recalled childrens products injure many children every year. Following a product recall notice can help your child avoid things from a laceration to a life threatening injury.
Check with the parent to find out what is age appropriate - If you are buying a toy for a child that you are not around all of the time you may want to check with the child's parents to find out what type of toys they think are age appropriate. Some children may be old enough for a toy that is for three years of age and older but their parents may think that they are not mature enough for the toy. Checking with the parent or legal guardian will help you understand what give is appropriate for the child.
Teach kids outdoor and indoor safety - Teaching a child about the dangers of running after a ball into the street and throwing things around in house is important in keeping your child injury free. Allowing your child to understand that dangers do exist and what to do to avoid them is a very important step in keeping your children from needing to make a trip to the ER for injuries that could be avoided.

Alka-Seltzer Recalled for Potential Hazards due to Drowziness from Improper Labeling on Box

Thu, 10 Dec 2009 08:00:00 EST

When you purchase an over the counter drug many times, if you are sick or have allergies, you may take additional drugs (whether they are prescription or over the counter). It is recommended that if you are taking more than one medication that you check the ingredients to make sure you are not taking too much of the same drug and it is equally important that you do not take multiple drugs that cause drowsiness at the same time. Certain drugs cause drowsiness and if so it is important that the consumer be aware of the fact that they may become drowsy especially if the person has to operate heavy machinary or needs to drive a vehicle and may end up injuring someone or themselves.

Recently a recall was issued for Alka-Seltzer Cold medicine which is manufactured by Bayer. The recall was due to some boxes of 20 capsule Alka-Seltzer Plus Day & Night Formula Liquid Gels not having a warning that the over the counter medication may cause drowsiness. Bayer estimates that only 4% of the pill boxes were printed without the label that explains that the medicine can cause drowsiness. The lot number being recalled is 296936L.

A recall such as this one is very necessary because in the event that someone took the medication and operated heavy machinary or drove a car and was not aware that it caused drowsiness and they fell asleep while performing the task they were doing and caused injuries to themselves or other because of it company would be held liable for the injuries.

If you or someone you know was injured due to improper labeling on a drug or due to a drug recalled for any other reason contact a personal injury lawyer or a product liability lawyer. If you live in the New York City area contact Staten Island injury attorney at 718.979.4300 to discuss your product liability case with Frank J. Dito Jr.

Also, if you would like more information on what to do if you or a loved one was or ever becomes involved in an accident we are currently offering "The New York Accident Book: 10 Mistakes that Can Wreck your Accident Case" at no cost to New York residents.

Becoming a Successful Entrepreneur: What Makes an Entrepreneur Successful?

Thu, 10 Dec 2009 08:00:00 EST

Starting your own business or franchise or buying a business or franchise all require something similar in order to be successful and profitable - a successful and knowledgeable entrepreneur. So what is an entrepreneur? An entrepreneur by definition is a person who has possession of a new enterprise, venture or idea and assumes significant accountability for the inheret risks and the outcome.

A person who starts or purchases a business or franchise needs to make sure they are first a successful entrepreneur and have the experience necessary in both the type of business you are investing in and knowledge of how to run a business successfully.

One story in a recent news article explains how a guy ended up becoming an entrepreneur accidentally. By this he means that he just fell into being an entrepreneur. He did not plan on becoming the owner of his own business one day but he ended up owning his own business based on doing something that he really liked. Because it was something that he really enjoyed doing and had an interest in he developed a knowledge of that particular type of business. A person who has an interest or great understanding of a particular service or product and also has the skills and knowledge needed to run a business are prime canidates for owning businesses or franchises. They have a true interest and understanding of every essential needed to own a business.

There is much more that goes into the process of owning a business and purchasing a business but these areas are where it all starts. If you have not yet made the move that you have been considering making to become a business owner and are interested in either starting or purchasing a business or franchise the first thing you will want to do it to start gathering information on what it takes to be a business owner and put yourself in a position to succeed. Charles Internicola Staten Island business lawyer would like to offer his book "An Entrepreneurs Guide to Purchasing a Business" to you at no cost if you are considering purchasing a business. This book will offer insight into what it is to be a successful business owner and what you need to know when selecting a business to purchase.

Dangerous Recalled Stroller Causing Lawsuits

Wed, 09 Dec 2009 08:00:00 EST

A recently recalled stroller is causing a lot of upset parents of injured children to start lawsuits. Maclaren announced the recall of the tVolo, Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno and Easy Travellerhat models of their strollers back in November due to a potential hazard that could possibly cause finger amputations to young children.

Parents around the country and also in Britain are suing Maclaren for their defective product and the injruries it has caused to them or their children. A recall was issued for the defective stoller last month in the United States but was not recalled in Britain. Maclaren said that the number or complaints in Britain were not enough to issue a recall and therefore they did not issue one they only issued on in the U.S. where the majority of their comlaints of injury were from. Then finally last week US Maclaren began offering repair kits to Britain Maclaren owners to help prevent futher injury incidences to children.

If the safety repair kit is not requested from Maclaren this stroller can be dangerous for your children and can cause cuts and possible amputations. If your child was injured by this stroller contact product liability lawyer at 718.979.4300 or 800.976.4904 to speak with Frank J. Dito Jr. New York injury and liability attorney.

ExerSaucer Recall Due to Choking Hazard

Tue, 08 Dec 2009 08:00:00 EST

Evenflo announced the recall of the ExerSaucer 1-2-3 Tea for Me today. The product is designed for children four months old to walking age and allows the child to sit in the seat in the middle and turn 360 degrees to play with the toys that are positioned around the device. In this particular ExerSaucer the flame on top of the tea pot which contains an eraser shaped object can come loose and detach from the tea pot causing a choking hazard for young children.

Evenflo has received 11 reports so far of the flame detaching from the tea pot. The U.S. Consumer Product Safety Commission is saying that the recall includes approximately 66,000 ExerSaucer 1-2-3 Tea for Me devices and the affected model numbers are 6161834 and 6161920.

If you own this product Evenflo is advising that you remove the tea pot portion of the toy and contact Evenflo immediately. Keeping this part of the toy attached to the rest of the unit poses a risk of choking.

If your child has been injured by an ExerSaucer or injured by any other recalled product and would like to know what your legal rights are for your child contact a product liability lawyer at 718.979.4300 if you live in the Staten Island, Brooklyn, Queens, Bronx, Manhattan, Long Island or New Jersey area. If you live outside of New York City you can call Frank J. Dito toll free at 800.976.4904.

Selecting a Franchise: Making Sure You Choose the Right Franchise

Tue, 08 Dec 2009 08:00:00 EST

The decision to purchase a franchise is a big decision but even larger of a step than deciding to purchase a franchise is deciding what franchise you want to purchase. Much thought and consideration must go into deciding which franchise system you are going to invest your money and your time into. It is a decision that must be looked at closely from all angles and aspects and requires much research and investigation on your part.

Here are just some of the things you need to consider when selecting a franchise:

Demand - Is the franchise you are considering buying selling products that are in high demand and will continue to be in high demand?
Franchisor Experience - Does the franchisor of the company have experience and offer proper support to its franchisees?
Competition - Is there any competing business in the same area you are considering purchasing in?
Franchise Territory - Does the franchisor allow other franchisees from the franchise to be within a certain amount of miles from the franchise you purchase or do they not have an agreement set up?
Name Recognition - Is the franchise name well known and does the name associate with a good reputation that will result in your profits increasing?
Costs - What are the costs associated with the start up of the franchise you are considering? What are the royalty fees that must be paid to the franchisor after you have purchased the franchise? How much are you willing to spend?
History - Does the franchise have a history of bancruptcy, litigation or terminations? What is the franchise's financial history?
Current Franchisees - What are current franchisees saying about the franchise system? Are they happy with the system or do they feel as if it is unfair and needs improvement?
Experience, Skills and Knowledge - Do you have the experience, skills and knowledge necessary to run the franchise you are considering purchasing?

All of these questions and more are valid questions to consider when searching for a franchise and deciding which franchise is right for you. Using all resources available to you when conducting due diligence for your franchise purchase will allow you to make an educated and well thought out decision when purchasing a franchise. Having a lawyer review the Franchise Disclosure Document (FDD) will answer a lot of these questions after you have conducted your own initial due diligence by speaking with other franchisees and with the franchisor. The FDD will contain information regarding the history of the franchise and will reveal any information regarding the financial history of the franchise and legal history of the franchise.

When choosing you will want to speak with an experienced franchise lawyer. If you are considering purchasing a franchise in New York or New Jersey and would like speak with a New York franchise attorney contact Charles Internicola at 718.979.4300. Charles Internicola is a franchise attorney who represents franchisors and franchisees in New York and New Jersey but also represents clients nationwide. If you would like to speak with Charles Internicola and live outside of New York you can call toll free at 800.976.4904.

Selecting a Franchise: Making Sure You Choose the Right Franchise

Tue, 08 Dec 2009 08:00:00 EST

Demand - Is the franchise you are considering buying selling products that are in high demand and will continue to be in high demand?
Franchisor Experience - Does the franchisor of the company have experience and offer proper support to its franchisees?
Competition - Is there any competing business in the same area you are considering purchasing in?
Franchise Territory - Does the franchisor allow other franchisees from the franchise to be within a certain amount of miles from the franchise you purchase or do they not have an agreement set up?
Name Recognition - Is the franchise name well known and does the name associate with a good reputation that will result in your profits increasing?
Costs - What are the costs associated with the start up of the franchise you are considering? What are the royalty fees that must be paid to the franchisor after you have purchased the franchise? How much are you willing to spend?
History - Does the franchise have a history of bancruptcy, litigation or terminations? What is the franchise's financial history?
Current Franchisees - What are current franchisees saying about the franchise system? Are they happy with the system or do they feel as if it is unfair and needs improvement?
Experience, Skills and Knowledge - Do you have the experience, skills and knowledge necessary to run the franchise you are considering purchasing?

Low Mortgage Rates are Enticing Potential Homebuyers

Fri, 04 Dec 2009 08:00:00 EST

For many people who have been recently considering purchasing a home they are just one step closer to making a decision to purchase a home because of another recent drop in mortgage rates. Low mortgage rates are driving potential homebuyers to purchase the homes that they have been considering and with the housing tax credit this may just be the thing to push a lot of people who were undecided off of the fence.

Making a decision to purchase a home is something that many people are considering with the home prices as low as they are, foreclosures and short sales as high as they are and mortgage rates as low as they are. Currently 30 year fixed mortgages have dropped for the 5th straight week in a row to 4.71% (Freddie Mac).

The cause for the recent drop of mortgage rates is two fold.

The Federal Reserve has indicated their intents to extend the period of time that they will be offering short-term interest rates.
Strong demand for government issued funds

If you would like more information about purchasing a home or have legal questions concerning purchasing a home your best move is to contact a real estate attorney. A real estate attorney will be able to explain the process you need to go through to purchase a home from beginning to end. Understanding the importance of a contact of sale, getting your mortgage committment, having a clear title and closing title are all things that can be explained by an experienced real estate attorney.

If you would like to speak with a real estate attorney regarding the purchase of a home in New York or New Jersey contact Steven T. Decker Staten Island real estate lawyer. Steven T. Decker will be able to assist you with understanding the legal side of purchasing a home and will also be able to represent you throughout the entire real estate purchasing process. To speak with Steven Decker you can either call 718.979.4300 or 800.976.4904 or fill out our web form.

Also, if you are considering using our Staten Island real estate law firm for your real estate transaction and closing of title we recommend that you read Steven T. Decker's book "5 Myths that Can Ruin the Purchase of Your Home". If you would like a copy we are currently offering this real estate book at no cost and no obligation to those considering purchasing property in New York or New Jersey.

Fetus Deaths are a High Risk for Pregnant Women Involved in Car Accidents

Fri, 04 Dec 2009 08:00:00 EST

A new set of studies are being done on how to keep pregnant women safe while driving. Car accidents are the leading cause of death of fetus' among pregnant women - even higher than the number of deaths due to birth complications - which has caused a concern for pregnant women who are present in the car especially those who are in the drivers seat.

There are two main issues that exist for pregnant women while in a car whether they are a driver or a passenger in the vehicle. The first issue is if the pregnant woman is the driver. If the driver gets into a car accident the main issue is that heightens the chances of injury to the fetus greatly is the steering wheel. If the mothers stomach hits the steering wheel there is a chance of placenta uterine detachment. The placenta is attached by a very delicate lining and if this lining is hit with force, such as hitting the steering wheel in a car accident, there is a high chance that the placenta will detach from the uterine lining. If this occurs the baby loses oxygen and can no longer breath and in most cases will die. The second issue for pregant women can occur in the driver seat or passenger seat. The impact alone of a car accident can kill a fetus but one thing that makes the chances of fetal death higher is when seat belts are not worn or if they are worn improperly. Seat belts were created to be worn on the bony part of your body. Many people who are pregnant feel uncomfortable wearing a seat belt across their stomach when they are pregnant because it is uncomfortable but the correct place to wear the seat belt is across your pelvic bone area which will decrease the chances of hurting you and the fetus incase of a automobile accident.

Even with taking preventative measures such as wearing a seat belt in the correct place car accidents are still accountable for a large percentage of fetal deaths and the larger the baby is the larger the stomach is and the larger the stomach is the closer to the steering wheel the baby and placenta will be. Researchers are currently trying to develop a computerized robot that can replicate a pregnant woman, fetus and placenta and the effects a car crash has on all of them. In doing so the researchers hope to develop a device to protect pregnant women and fetus' better in car accidents.

The loss of a fetus in automobile accidents has not been accounted for in years prior to this year has not been considered in studies up until recently. It is estimated that 300 to 1,000 unborn children are killed each year in car accidents. If you were a victim of a car accident and were left with injuries or if your fetus was killed in a car accident you are entitled to start a lawsuit and are entitled to compensation for your loss due to a drivers negligence. If you are a resident in New York or New Jersey and would like to discuss your legal options with a personal injury attorney feel free to contact Frank J. Dito Jr. Staten Island injury lawyer at 718.979.4300 or 800.976.4904 or fill out web form.

Holiday Shopping Safety and What to Do if You are Injured in a Store or Mall

Thu, 03 Dec 2009 08:00:00 EST

Eventhough Black Friday has passed there are still great deals going on at a lot of stores and many people, possibly including yourself, will be rushing out to the stores sometime before the holiday season is over to buy gifts for family members and loved ones. During your shopping trip your main concern may be finding just the right sales and getting to them before everyone else does and there is none left for you. But this holiday season you will want to watch out for more than just great deals.

November and December shopping draw the most people to stores and malls than any other month of the year. When shopping this holiday season you will want to be careful of quite a few dangerous situations:

Black ice - Black ice is usually the hardest to see at night because it is dark. With many people going shopping after they get out of work and it being dark out there is sometimes a possiblity that there is black ice in the parking lot or on the sidewalk in front of the store. Sometimes due to either a store not realizing it or a store's negligence the store does not put salt on the black ice and people slip and get injured.
Crowds - While crowds in and of themselves do not usually pose a problem excited crowds may. If there is a sale that everyone is waiting in line for while waiting for the store to open there is a risk of be knocked down and trampled on because of everyone rushing into the store at the same time. There have even been reports of shopping injuries where people have died from being knocked over and trampled on. Many other shopping injuries include broken bones, cracked skulls and bruises.
Shopping Carts - There are two groups of people that can be injured by shopping carts. Sometimes adults can suffer bruises and broken bones if someone is careless with their shopping cart and slams it into you but the other group is much more common suffer from injuries and usually much more life threatening. Babies and children can suffer shopping cart injuries many different ways and usually result in head injuries, broken bones, bruises, hemorrhaging, and sometimes death.
Escalators - Sometimes people get distracted on escalators, especially children. If you are taking a child shopping with your make sure that their shoes are tied properly and not hanging on the floor at all, try to dress your child in pants that do not make contact with the floor and are not freying and make sure your child realizes never to go the opposite way the escalator is going. If a mechanical error occurs on the escalator while you are on it try to remain calm and get yourself and your child safely off of the escalator without injury.

Aside from these dangers there are many other dangers that you may encounter while shopping such as a spill on the store floor or items stacked unsafely in the store. If you or your child is injured this holiday season while shopping you should seek immediate medical help, report the issue to the store and contact a personal injury lawyer about starting a lawsuit against the store for negligence. If you would like to speak with an injury lawyer and live in New York or New Jersey contact Frank J. Dito Staten Island personal injury attorney at 718.979.4300 or 800.976.4904.

Car Accidents Due to Texting Can Cause Serious Injuries

Thu, 03 Dec 2009 08:00:00 EST

Texting while driving may not seem like a difficult task to some, especially to many young drivers who are accustom to texting and feel as if they will be fine to text while they drive because it is second nature to them. The reality is that in order to send a message you may not have to look at the keys on your phone because you know where all of the keys on the phone are but you will still have to look at your phone for other things such as incoming text messages and to make sure the message was sent or reads correctly. So even if you feel as if you are experienced at texting and an experienced driver it is still not a good idea to text and drive.

A study done by the Nation Highway Traffic Safety Administration in 2008 showed that the second leading cause of preventable automobile fatalities is due to texting while driving (first was drinking while driving). Texting while driving is now against the law in some states and many lawmakers are trying to push for the law to exist nationwide. New Jersey and New York are among many other states who have banned texting while driving and rightfully so because it will save lives. To help enforce this law anyone violating it will be fined but some police officers are reporting a difficulty catching people who are texting while driving.

Two New Jersey residents who were crash victims are seeking a crackdown on texting while driving. The couple who was riding on a motorcycle in Morris County New Jersey at the time of the dangerous text related car crash is now permanately disabled. Both David and Linda Kubert lost one leg due to the car accident. The accident occured when a young driver was texting while driving his pick up truck. The Kuberts say that they saw the boy with his head down and driving with his elbows right before the truck crashed into their motorcycle. The Kubert's lives have been changed forever and now they are part of a campaign promoting no texting while driving in New Jersey.

Injuries sustained during a car accident whether it be due to a texting driver, a drunk driver or any other circumstances can be dangerous and even life threatening. If you are suffering from injuries that are due to the fault of a negligent driver you have the option of contacting a personal injury attorney. Speaking to a personal injury attorney will help you determine whether or not you have a case and how much you can receive from the lawsuit. If you would like to speak with a personal injury attorney in the New York area contact Frank J. Dito Jr. at 718.979.4300 or 800.976.4904.

Negotiating Franchise Agreements When Considering Purchasing a Hotel Franchise

Thu, 03 Dec 2009 08:00:00 EST

When considering the purchase of a franchise one of the most important things you will want to consider is what the franchise agreement will contain. You will want to figure out all of your terms that are important to you. One quick way to determine what is "important" to negotiate over with the franchisor is figuring out what is a want and what is a need for your company.

One type of franchise that particularly needs reviewing when it comes to the franchise agreement is for those considering to purchase a hotel franchise. As a prospective hotel franchisee you will want to make sure that the terms you need are included in the franchise agreement. If there is a term that you need in the contract (not just want) you may actually consider looking elsewhere if it is that essential to your franchise location thriving.

Hotel franchise agreements should be reviewed very carefully with the assistance of a franchise attorney. A franchise attorney will be able to help you fully understand the franchise agreements terms and also make sure that your best interests are protected. This is very important when considering the purchase of a hotel because hotel buildings are so expensive and so is the services and products that need to be offered to run a hotel.

According to a recent article in Hotels Magazine many more hotel owners and those considering purchasing a hotel are deciding to become a part of a larger, well known hotel name and joining up with a well establisthed franchise hotel.

Here are some of the initial steps that will occur that lead up to your franchise agreement for the hotel purchase:

First you will want to find a hotel franchise that suits your needs as a prospective franchisee
Conduct the proper due diligence
Determine what you need vs. what you want
Review of the Franchise Disclosure Documents (FDD). During this stage of the process is it important to have spoken and actively have the assistance of a franchise lawyer.
Enter into a Letter of Intent sheet with the franchisor. This will help the franchisor understand what key business points are important to you and will allow you to know if the expectations can be met. This is not legally binding.
Signing the franchise agreement. At this point you will have figured out what terms you are looking. This agreement is a binding agreement with the franchisor of the hotel company.

For more useful information and tips for franchisees visit franchise lawyer Charles Internicola's blog.

Negotiating Franchise Agreements When Considering Purchasing a Hotel Franchise

Thu, 03 Dec 2009 08:00:00 EST

First you will want to find a hotel franchise that suits your needs as a prospective franchisee
Conduct the proper due diligence
Determine what you need vs. what you want
Review of the Franchise Disclosure Documents (FDD). During this stage of the process is it important to have spoken and actively have the assistance of a franchise lawyer.
Enter into a Letter of Intent sheet with the franchisor. This will help the franchisor understand what key business points are important to you and will allow you to know if the expectations can be met. This is not legally binding.
Signing the franchise agreement. At this point you will have figured out what terms you are looking. This agreement is a binding agreement with the franchisor of the hotel company.

For more useful information and tips for franchisees visit franchise lawyer Charles Internicola's blog.

State Resources Available for New York Small Businesses

Thu, 03 Dec 2009 08:00:00 EST

Every entrepreneur who is considering starting a small business or buying a small business in New York knows that it can be rough in today's world to find the resources necessary for many things including financing. Additionally, most entrepreneurs are looking for outside resources to help guide them on many issues that they will encounter throughout the business purchasing process and throughout owning a business.

Governor David A. Paterson accepted the Final Report of the Small Business Task Force on Monday. The report includes proposals to address increase access to capital, reducing red tape, providing regulatory reform, strengthening and enhancing training and technical assistance for business owners, employees and entrepreneurs.

In addition to accepting the Final Report the Governor also announced the launch of the New York State Small Business Lending GuideBuy which is another online free manual geared towards helping entrepreneurs and those considering owning a small business with alternate banks and credit unions that are lending to New York small businesses.

For additional resources if you are considering purchasing a business in New York or New Jersey request a no cost copy of Charles Internicola Staten Island franchise and business lawyer's book "An Entreprenuers Guide to Purchasing a Business". This book will offer insight into the ins and outs of purchasing a business and will help guide you whether it is your first time purchasing a business or your third time.

Additionally, if you are looking for a business lawyer to represent you in your New York business purchase feel free to contact Charles Internicola at 718.979.4300 or toll free at 800.976.4904 or fill out our web form.

State Resources Available for New York Small Businesses

Thu, 03 Dec 2009 08:00:00 EST

Staten Island and Brooklyn Lawmaker Speak Out on the Housing Tax Credit Extension

Wed, 02 Dec 2009 08:00:00 EST

As you may have heard the time you have to purchase a house and take advantage of the housing tax credit was extended officially and went into effect yesterday. The extension will be a four month extension which will being the extension to April 30, 2009.

Michael McMahon, Congressional representative for the 13th district of New York which includes Staten Island and Brooklyn, said that he "encourages all who are able to take advantage of this extension". The extension was not only extended as far as a time extension is concerned but is also being extended to current homeowners who have have owned their home and been residents of it for five years or more. Current homeowners taking advantage of the tax credit will receive a tax credit of 10% of the purchase price up to $6,500 and first time homeowners will be given a credit of 10% up to $8,000.

For many Staten Island and Brooklyn residents this is a great time to purchase a home and the new housing tax credit may be just the thing to cause them to make a move to purchase a new or first home.

If you are interested in buying a home in Staten Island or Brooklyn there are five things that you may want to consider to avoid ruining your home purchase. If you are interested in finding out how to avoid these five things request a free copy of Steven Decker Staten Island real estate lawyer's book "5 Myths that Can Ruin the Purchase of Your Home".

Also if you would like to speak with a real estate lawyer regarding a possible Staten Island or Brooklyn home purchase or if you just have real estate legal questions that you would like answered before you decide to purchase a Staten Island or Brooklyn home contact us at 718.979.4300 or 800.976.4904 for assistance.

For more advantages on purchasing a home in New York click here.

Lead and Other Dangerous Chemicals Found in Some Toys: What to Watch Out for When Shopping this Holiday

Wed, 25 Nov 2009 08:00:00 EST

Many of us have children that we will be buying toys for this holiday season whether it is a son, daughter, niece, nephew, grandchild or a friend's child you will probably be buying at least one toy for a child this year. So much though goes into finding the perfect toy for the child you are getting a holiday gift for but one thing that not many people think of because it is supposed to not be a worry and be taken care of before it even gets into a store for you to purchase is high lead levels and other dangerous chemicals in toys.

Over the decades lead in toys and another dangerous chemical known as phthalates have been found have raised huge concerns among parent and health officials. Lead poisoning and phthalate poisoning are very serious conditions, especially for children, poisoning from these things can even cause death in certain situations. Perhaps the thing that angers officials and parents the most is that high levels of lead should not be present in toys becuase there is no need for them to be there and high levels of unnecessary lead are not expected to be present inside of toys because of laws and guidelines that are in effect so that no one does get lead poisoning. Earlier this year the legal amount of lead that is allowed to be present in toys was lowered and fines that are in place for companies not abiding by the new laws are now being charged a larger fine for manufacturing toys with high levels of lead.

New laws that were created led many parents and officials to believe that the number of manufacturers that make toys with high levels of lead would decrease - which they did - but there are still some companies who are manufacturing products with high levels of lea d that are "slipping through the cracks". MSNBC reports that so far this year there have been 15 toys recalled due to excessive lead levels compared to the 85 last year. But with the holidays approaching there have been quite a few toys that have been recalled recently.

Among these toys recalled was the following (keep in mind the legal limit for lead in childrens' toys is .03 percent by weight):

A cloth book called "Big Rex and Friends" sold at Toys R Us which was tested and found to contain .19 percent lead.
A charm sold at Claire's Boutique which contained 71 percent lead
Pretty Princess Puppy Purse also sold at Claire's Boutique contained a phthalate level of 5.4% (phthalates are banned from toys)
A Elmo Lunch Bag by Fast Forward New York was also recalled for high phthalate levels of 7.2%.

There is no real way to pick up a toy and decide if it has lead or phthalates in it or not rather the product must be sent off to a testing site to be examined and there it is determined if the product contains high levels of lead or phthalates. In order to make sure you don't own or end up purchasing a toy or other product with high lead levels or that contains phthalates you will have to follow childrens product recalls. These recalls can be found at the Consumer Product Safety Commission website.
If your child has already been affected by a product that contains dangerous levels of lead or phthalates and your child suffers from medical conditions including those affecting the heart, kidneys, bones, intestines, reproductive system or the nervous system you can contact a child injury lawyer to start a lawsuit against the manufacturer of the product which contained high levels of lead or phthalates. If you live in New York or New Jersey you can contact Frank J. Dito Staten Island New York child injury lawyer and product liability attorney regarding your legal matter at 718.979.4300 or 800.976.4904.

Is Franchising Your Business a Good Move?

Wed, 25 Nov 2009 08:00:00 EST

If you are considering franchising your business you probably feel like there is a lot for you to consider before you make the final decision to convert your business to a franchise. You may have questions in your mind such as "how do I know my franchised business will be sucessful?". While this is a good question it can never be answered 100% but there are things you can look for about the franchise you are considering creating that will help you decide if it will probably be a good idea for your business to be franchised or not.

Franchising a business requires a well though out process and is not something that just gets done overnight. You as the franchisor to be will need to pour a lot of though into how the franchise system will be run and how you plan on making it sucessful.

You must always weight out the positives and the negatives when deciding to franchise a business. Here are somethings you should consider:

Is your franchised business likely to be fair to it's franchisees? Will the franchise be able to work is basically what this question is asking. Certain franchise systems that have a potential for not being sucessful or not being fair to their franchisees and may require extra thought on the part of the business owner considering franchising. An example of this would be a internet based franchise. You would have to figure out if and how there is a way for franchisees not to constantly be competing against each other. If not this would not only be unfair to the franchisee but would probably put a damper on the expansion of your franchise company.
Can your franchise be easily taught and run by others? A business that can easily be taught to franchisees and has a well laid out plan is a franchise that will probably have the most sucess at expanding. A system that can not be taught easily to franchisees would limit the number of franchisees that your company attracts and would give franchisees a difficult time trying to figure out how things need to be done.
Can your business be duplicated, put in another area and still be sucessful? You must carefully consider what it is that makes your business so sucessful and what brings in so much business. If you believe that it is the product your business offers and that it can be put in another area tens or hundreds of miles away and still be sucessful by duplicating the same system and product that you are offering your business should be a good franchising business.

Considering these questions should just be preliminary questions that you ask yourself before diving into the process of actually franchising your business. To speak with a franchise lawyer about franchising you business you can contact Charles N. Internicola New York franchise attorney at 718.979.4300 or 800.976.4904. For more information on franchising your business and franchise questions visit Charles Internicola's blog the New York Franchise Law Blog.

Largest Crib Recall in History Announced Due to Crib Related Injuries and Deaths

Tue, 24 Nov 2009 08:00:00 EST

The Consumer Product Safety Commission announced the recall of Stork Craft cribs which is considered to be the largest crib recall in history. The Stork Craft crib recall involves 2.1 million drop-side cribs due to a suffocation hazard. Of the 2.1 million cribs being recalled 1.2 million cribs which were sold in the United States and 1 million that were sold in Canada.

The recall was announced after the CPSC received 110 reports of injuries associated with the dangerous drop side cribs. Four of the reports made to the CPSC resulted in death by suffocation when the child became stuck between the mattress and the drop side part of the crib. Two of the children who died from the drop side cribs being recalled were from New York.

The Stork Craft cribs being recalled are dangerous for multiple reasons. Suffication and other injuries to children can occur if there is a manufacturer defect, if the drop side part of the crib breaks over time, if the drop side to the crib becomes loose or if the crib is not put together correctly by the consumer. Parents are urged to stop use of the crib immediately if they have this crib in their home and to find a safe suitable area for their child to sleep in until Stork Craft sends a repair kit to turn the crib from a drop side crib to a stationary side crib. You can contact Stork Craft by calling 866.361.3322. The recall includes all Stork Craft drop-side cribs manufactured between January 1993 and October 2009.

Crib manufacturers may be forced to reconsider the way they make cribs and the CPSC is actually considering stopping cribs from being manufactured with drop-sides due to the massive amount of crib recalls this year.

Here are some other defective cribs that were recalled in 2009:

Stork Craft recalled over a 500,000 defective cribs due to mattress support issues
Recall of over 400,000 defective Simplicity cribs which caused risk of stranguation and suffocation due to the crib breaking
Another 400,000 crib recall by Simplicity for strangulation hazards
Recall of defective convertable bassinets made by Simplicity

If your child was injured by a defective crib or defective childrens product you should consider contacting a child injury lawyer to discuss your child's injury with. Defective products usually leave the product's manufacturer liable for injuries and deaths that are due to and caused by the defective product. If you live in New York or New Jersey and would like to speak with a Staten Island child injury lawyer regarding your child's accident contact Frank J. Dito at 718.979.4300 or 800.976.4904.

Knee Injuries Can be the Result of Many Types of Accidents

mindywein@cox.net (Blog Author)22305 — Mon, 23 Nov 2009 08:00:00 EST

There are many ways a person can suffer a knee injury. It could be from a car accident, slip and fall accident, or something as simple as tripping. No matter how the injury occurs, the truth of the matter is, many forms of knee injuries can be serious and cause a lifetime of inconvenience.

Are you or someone you know suffering pain in your knee following an accident? Common forms of knee injuries include a ruptured ligament and torn cartilage. Other types of knee injuries include tendonitis, meniscus injury, dislocated kneecap, hyper-extended knee and ACL injury. Keep in mind that many knee injuries require surgery and can take long periods of time to recover.

The affects of a serious knee injury can be life altering. It can affect you ability to do household chores, keep you from playing with your children and can even impair your ability to perform your job, causing a possible loss of wages. You should be aware that if you have sustained a knee injury at work or in another location, you may be entitled to compensation.

If you or someone you know has suffered a knee injury caused by a car accident, slip and fall or other type of accident, you should contact an experienced Staten Island accident attorney at the law offices of Decker, Decker, Dito and Internicola at (718) 979-4300 or (800) 976-4904.

Things to Consider When Buying a Computer Franchise

Fri, 20 Nov 2009 08:00:00 EST

If you are interested in computers, are computer savvy and are considering purchasing a franchise a computer franchise may be the right type of franchise for you. It is important that when you purchase and invest into a franchise that you are interested in the work you are doing.

Purchasing a computer franchise can be a very profitable business but you will first need to determine which type of computer franchise you are interested in purchasing. Similar to purchasing a food franchise there are many different types of computer franchises. Identifying what type of computer franchise you are interested in purchasing will basically depend on what type of area of computers you are interested in.

Here are some different types of computer franchises that are available:

PC Maintenance Franchise - This type of computer franchise usually offers outsourced support services to companies of all different sizes. Other computer mainenance franchises may also offer support and maintenance for individuals and not just to companies.
Ink Cartridge Recycling Franchise - This type of franchise is a "green" franchise and helps recycle used ink cartidges as opposed to them being disposed of in the trash. Government legislations are helping to grow this type of franchise to help the environment.
Computer Hardware Franchise - Computer hardware franchises usually either sell or repair hardware parts.
Web Marketing Franchise - Franchises that involve web marketing have grown significantly in the past few years as many people are using technology and the internet to find information as opposed to books, manuals or directories.

Once you have found the right franchise you will want to conduct proper due diligence and investigate specifically what franchise company you want to become a part of. Then you will want to speak with franchisees that are already involved in the specific franchise company you are interested in. The next step you will want to take is to find a franchise lawyer. A franchise lawyer will review the franchise disclosure documents (FDD) and the franchise agreement to make sure your best interst is being upheld. If you are interested in contacting a franchise attorney call 718.979.4300 or 800.976.4904 to speak with Charles Internicola located in Staten Island New York.

Vicks Over the Counter Medication Recalled Due to Contamination and Risk of Making Consumers Ill

Fri, 20 Nov 2009 08:00:00 EST

Over the counter medications that have been tainted by bacteria or wrong dosage information leave a chance for you to become ill from the recalled product.

Vicks recently recalled one of their nasal sprays due to contamination that was found during a routine examination of the over the counter drug. The tainted nasal spray is Vick's Sinex Vapospray 12-hour Decongestant Ultra Fine Mist which was sold in accross the United States, Germany and Britian but only affected the 15mm size container.

Proctor & Gamble are urging anyone who has purchased the Vick's nasal spray to stop using it immediately and contact Proctor & Gamble for a full refund or replacement of the product.

This recalled product was found to contain the dangerous bacteria B. Cepacia which can cause devistating infections in those with lung conditions and frail immune systems. If you are currently using this product you should stop use immediately to avoid possible contamination and illness from the recalled medicine.

So far no illnesses or deaths have been reported to the company or to the FDA. If you suspect that a medicine has made you ill you should seek professional medical help immediately. The next step you should take is to report the illness incident to the FDA and then contact a product liability lawyer. Speaking with a product liability lawyer will help you become aware and understand what your legal rights are concerning becoming ill from a contaminated medicine. If you live in the New York City area - Staten Island, Brooklyn, Bronx, Manhattan or Queens - or in New Jersey contact Frank J. Dito Jr. Staten Island product liability and injury lawyer to discuss your liability case at 718.979.4300 or 800.976.9404. Initial case consultations for injury cases are always done at no cost.

Dangerous Diet Pills that Cause Illness, Injury and Sometimes Death: Which Diet Pills are Dangerous and Why

Thu, 19 Nov 2009 08:00:00 EST

If you are among many people who use diet pills or dietary supplements you may wonder if the product you are taking is safe or not. Many diet pills advertise themselves as being "safe" and some are but there are many different brands of diet pills that are extremely dangerous and have caused many adverse reaction.

One very popular diet pill, Hydroxycut, was issued a massive recall due to the popular diet pill being unsafe. The FDA announced in May of 2009 that the product had injured 23 people and killed one. All of the adverse reactions to the diet pill were liver related including jaundice, elevated liver enzymes and liver failure. The FDA urged people to stop taking Hydroxycut due to the dangers associated with it. The over the counter diet pill Alli is also being looked at by the FDA for a possible link to liver damage.

Some people believe that looking up the ingredients that are listed on the label of the diet pill will help them determine if the pill contains any ingredients that could lead to dangerous side effects but last year the FDA proved that sometimes there really is no way to find out if a diet pill is 100% safe and free of dangerous risks. By March of this past year the FDA had compiled a list of dangerous diet pills which included 72 different diet pill and dietary supplement products (for a full list of the recalled diet pills and recalled dietary supplements click here). The diet pills that were recalled by the FDA were discovered to be unsafe once the FDA became aware that there were ingredients missing from the label. Yes, that is right the diet pill companies failed to list the full list of ingredients that were in the diet pills due to the dangers of the missing ingredients. The missing diet pill ingredients ranged from carcinogens to anti-seizure medications to controlled substances, prescription drugs and unapproved drugs with serious side effects.

Making sure you know what you are putting in your body when you take diet pills is something that should definitely be done but what happens when you take a diet pill that has an ingredient that is not listed? When an ingredient is not listed by a company on the label and there are no warnings on the label indicating adverse side effects associated with a product and you become ill or injured you need to first seek medical attention and then contact a personal injury lawyer or a product liability lawyer to represent you in your case against the diet pill company. If you live in New York or New Jersey contact Frank J. Dito Staten Island injury lawyer at 718.979.4300 or 800.976.4909 for a free consultation regarding your diet pill related illnesses and injuries.

Purchasing an Investment Property in New York or New Jersey: Are Investment Properties Right for You?

Thu, 19 Nov 2009 08:00:00 EST

Purchasing an investment home in a down economy can be a great way to make money by taking advantage of low housing prices but there are some things that you should consider prior to purchasing an investment property to make sure it is right for you and that you won't be actually losing money in the long run.

What is the area like and how will the area be in a few years - Doing a thorough investigation of the area you are considering buying an investment property in is critical to whether or not the investment will work out the way you plan. When choosing a neighborhood to buy a house in you should choose one that will go up in value and not down. Purchasing a home in an area that has a good chance of depreciating in value over the next few years will also cause your house to depreciate in value. Make sure you choose a home that is located in an area that will benefit your investment.
Are tenants an option - An easy way to make money off of an investment property is to rent it out to other people while the house is in your name. Housing a tenant will help take the burden off of having to pay the mortgage on your investment property and you may even be able to arrange it so that you are actually making money off of it monthly but a major thing that should be considered in todays economy with unemployment being so high is "will there anyone who wants to rent the house?". Do your research before purchasing the investment house and make sure that the area generates people that can afford renting a house.
Are you eligible for a low interest mortgage - Being approved for a low interest mortgage will determine whether or not purchasing an investment property is something you should consider. Interest rates are at a low right now and are at about 4%. If you are eligible for a low interest loan you will be able to have low monthly mortgage payments and may make it easier to find a tenant because the amount of rent the tenant will have to pay to cover the mortgage will be low.

If you have considered all of the aspects of purchasing a home as an investment property in New York or New Jersey the next step is to find a property and contact a real estate lawyer. Steven T. Decker Staten Island real estate attorney and investment lawyer is available to answer any legal questions you may have regarding purchasing an investment property and will also be able to represent you throughout your real estate purchase process and at the closing of title. To speak with Steven T. Decker call 718.979.4300 or 800.976.4904 or fill out our web form.

Work Related Injuries Not Being Reported

Tue, 17 Nov 2009 08:00:00 EST

Have you been injured at work or suffered a work related illness? A new study shows that almost two-thirds of work related accidents and illnesses go unreported. The study also showed that the reason the work related injuries go unreported is not only from the employer not reporting the injuries to workers but also because the employee doesn't want to report the injury and collect workers' compensation benefits.

Here are some of the most common reasons workers decide not to report their work related injuries:

They are convinced by their employer not to report the incident
They are convinced by co-workers not to report the incident
They want to receive a bonus, dinner or some type of other incentive for not having injuries in the work place for "x" amount of days or years and decide not to report the injury
They do not want to be given a drug test which may happen as part of a procedural process after they report the injury that happened at work

Other reasons work related injuries go unreported are because the employer does not want to report the injuries. It could be for any of these reasons:

The company does not want to lose out on a chance of winning contracts
The company does not want to cost of their workers' compensation insurance to go up based on your injury
The company does not want to have their work place listed as having an injury or illness that is work related.

Over 47% of people say that they are pressured by someone whether it be a employer or a co-worker to not report their injury. Not reporting an injury can not only be bad for your health but can also be masking a bigger problem of why the injuries are occuring and how to prevent them from happening again to you or to a future worker.

If you have been injured at work it is important that you do not allow yourself or anyone else to talk you out of filing the injury and from speaking to a workers' compensation lawyer. If you live in New York or New Jersey and have been injured at work or have a work related illness contact Frank J. Dito Jr. Staten Island workers' compensation attorney at 718.979.4300 or 800.976.4904 or fill out our web form and someone will get back to you as soon as possible either by email or phone (your preference).

Dangerous Violations at a Medical Device Manufacturing Company Poses Risk for Serious Burn Injuries

Tue, 17 Nov 2009 08:00:00 EST

Defective products can be very dangerous but perhaps some of the most unforeseen defective products are defective medical products. From contaminated injections to recalls for over the counter medications it seems like potential dangers are lurking around every corner when it comes to pharmaceuticals and medical devices.

Last month the U.S. Food and Drug Administration (FDA) announced the investigation of two medical device manufacturers Abbott and Hospira Inc. The companies are being investigated for defective power cords on their medical equipment which have possibly been linked to at least 122 fires. The power cords were made by Electri-cord Manufacturing Corp. in Pennsylvania.

The FDA has been further investigating one of the companies associated with the defective power cord. Abbott has recently been questioned and warned about the lack of safety and manufacturing procedures that their company uses for manufacturing medical products.

The FDA also warns consumers such as pharmacies, hospitals, doctors and patients that the defective medical equipment was distributed even after they became aware of the flaws and the defectiveness of the medical equipment but the specific devices mentioned by the FDA and Abbott were not mentioned. Unfortunately now this medical manufacturer's negligence may affect the lives of patients and cause injuries.

Dangerous Dietary Supplement and Anesthesia Products Recalled Due to Risk of Heart Problems

Tue, 17 Nov 2009 08:00:00 EST

Last week a recall was announced that could potentially affect many patients, especially infants, due to particles of stainless steel which were found in the two products.

Hospiria Inc. has recalled 85 lots of the fat emulsion product Liposyn which is a dietary supplement used mainly for infants who have trouble getting fat into their diet.

Also among the products being recalled by this company is a certain type of anesthesia by the name of Propofol and is only recalling the injectable form of this drug.

So far there have been no reported injuries associated with this potentially dangerous drug recall but the company and the FDA are saying that if patients do suffer injuries from the stainless steel inside of the products it could cause severe reactions such as a heart attack due to the narrowing of the blood flow and could possibly even result in death.

If you suspect that a recent heart attack or heart problem that you suffered from was linked to the drug Propofol or to the dietary suppliment Liposyn or if a loved one died and you believe it was due to one of these recalled drugs contact an injury lawyer for legal advice and legal help. You can contact Frank J. Dito Jr. Staten Island drug recall attorney at 718.979-4300 or call toll free at 800.976.9404 and someone will be able to assist you and answer your legal questions regarding your injury. An attorney will be able to review your case with you and help you determine if your heart problem was due to the defective drugs and how much compensation you are entitled to from the liable pharmaceutical company.

The FDA is also asking that if there are any possible cases for the victims to call 800-FDA-1088 to report information on the defective product.

Dangerous Dietary Supplement and Anesthesia Products Recalled Due to Risk of Heart Problems

Tue, 17 Nov 2009 08:00:00 EST

Last week a recall was announced that could potentially affect many patients, especially infants, due to particles of stainless steel which were found in the two products.

Hospiria Inc. has recalled 85 lots of the fat emulsion product Liposyn which is a dietary supplement used mainly for infants who have trouble getting fat into their diet.

Also among the products being recalled by this company is a certain type of anesthesia by the name of Propofol and is only recalling the injectable form of this drug.

So far there have been no reported injuries associated with this potentially dangerous drug recall but the company and the FDA are saying that if patients do suffer injuries from the stainless steel inside of the products it could cause severe reactions such as a heart attack due to the narrowing of the blood flow and could possibly even result in death.

If you suspect that a recent heart attack or heart problem that you suffered from was linked to the drug Propofol or to the dietary suppliment Liposyn or if a loved one died and you believe it was due to one of these recalled drugs contact an injury lawyer for legal advice and legal help. You can contact Frank J. Dito Jr. Staten Island drug recall attorney at 718.979-4300 or call toll free at 800.976.9404 and someone will be able to assist you and answer your legal questinos. An attorney will be able to review your case with you and help you determine if your heart problem was due to the defective drugs and how much compensation you are entitled to from the liable pharmaceutical company.

The FDA is also asking that if there are any possible cases for the victims to call 800-FDA-1088 to report information on the defective product.

Figuring Out Who is Liable in a Car Accident Doesn't Have to be Difficult

Mon, 16 Nov 2009 08:00:00 EST

Being involved in a car accident can be scary no matter who you are. Whether you are a passenger, driver or pedestrian you probably have a million questions going through your mind about the car accident. One of those questions may be "Who is at fault for the car accident?". Figuring out who is liable for injuries and damages caused by a car accident can be tricky sometimes. Here are some ways that can help you determine who is liable in the car accident:

Take a look at the police report - After a motor vehicle accident you will be given instructions on which police department you need to go to in order to obtain a copy of your police report if the police were present at the scene of the accident. The police report will contain all information about the accident scene including your information, the other driver's information and a description of the car accident including points on which the cars were damaged. Sometimes the police report will be all an insurance company or injury attorney need to determine who is at fault in an accident. Often you may be able to get an idea of who is at fault just by looking through the poice report.
Research traffic laws for your state - If you live in the State of New York you will want to research the traffic laws in New York to help determine if the other party or yourself were at fault for the car accident. This is something that a New York injury lawyer will be able to determine if you decide to hire a personal injury lawyer for your car accident case. Speaking to a lawyer may sometimes be the easiest way to find out what the laws in your state are and if you are liable or not but if you are curious and want to do some research of your own this is one thing that will help you determine if you are or are not at fault for the accident.
What was the circumstance that caused the accident - Sometimes you can figure out who will be at fault for an accident by looking at how the accident occured. There are certain situations where the person is at fault 99% of the time in those type of accidents. Some types of situations where the person is almost always liable for an accident is when they are making a left turn or if you rear end someone. There are very few situations in which the outcomes of these situations come out to be the other parties fault but if sufficient substancial evidence is found it may change the decision and cause the other party to be at fault. One situation in which the party that would normally be at fault wouldn't be is if the other party was intoxicated or under the influence of drugs.

These are all different ways to help you figure out where your standings are and to find out if you or the other party is liable for the car accident but should never replace the sound advice and knowledge of an experienced injury attorney. Finding the right injury attorney for your accident case is very critical in helping you develop your case and can make a world of a difference. If you live in the New York area and were involved in a New York accident contact Frank J. Dito Jr. Staten Island injury attorney to discuss your car accident case with an experienced attorney. To contact us by telephone you can call 718.979.4300 or 800.976.4904 or if you prefer to discuss your case online contact us by using our webform.

Disability Insurance Companies Who Deny the Disabled Benefits

Fri, 13 Nov 2009 08:00:00 EST

If you become disabled and you have invested money from your paycheck into a disability insurance benefit you would probably be counting on your disability insurance money to help you get through the rough time in your life.

Unfortunately there are far too many people who submit a claim to receive disability insurance payments to their disability insurance company and are denied. In other circumstances a person may be disabled and be approved for disability insurance payments to be issued to them and may even receive the payments for years and then the insurance company decides to investigate the disabled person. This is good in circumstances where the person is not truly disabled and is faking their injuries just to receive disability benefits but sometimes this happens to people who are severely disabled and are unable to work leaving the disabled person out of money to survive and unable to find a job because of their disability.

Recently on ABC's Good Morning America they featured a man who was disabled for years because of a neck injury that submitted a claim to his disability insurance company and was approved by them for disability insurance. The man had been receiving benefits for years and then was investigated by his insurance company using a private investigator or a PI. The private investigator found no substantial evidence that would cause you or I to believe that he was not disabled. Instead he videotaped the man reading a magazine, getting in and out of his car and eating chips and dip at a restaurant. Based on this information the insurance company decided that if he was able to perform these "tasks" that he was in well enough shape to have a full-time job. Three doctors and one Social Security agent have concluded that the disabled man will be disabled for the rest of his life and will never be able to work again because of memory loss issues, severe headaches and other issues which stem from his neck injury. This situation has left a disabled man struggling to get by because his disability insurance company acted unreasonably. The disabled man is currently in a lawsuit against the disability insurance company for money lost due to his benefits being taken away from him despite medical professional's opinions.

If you are disabled and have either been denied disability benefits by your insurance company or if you were receiving disability benefits but are being told that you are no longer eligible for disability benefits but are still disabled and want to know what your legal rights are concerning disability insurance benefits contact an experienced Staten Island disability lawyer at718.979.4300 or toll free at 800.976.4904. If you do not wish to call but would like someone to reply to you by email instead you can fill out our web form.

Restaurant Franchisee Rights and Legal Issues: Negative Profits In a Down Economy Caused by Sales Initiated by Franchisors

Fri, 13 Nov 2009 08:00:00 EST

A lawsuit by Florida Burger King franchisees was filed on Tuesday against the fast food chain franchise.

The fast food franchisees in Florida filed the lawsuit because of the demand, which they believe is unreasonable, being placed on them by the franchisors to sell food at a sales price that is lower than what they claim it is to make the product that they are selling.

The Burger King franchisees are claiming that they are being asked to sell double cheeseburgers for $1.00 but that the cost to make the burger is costing them $1.10 therefore they are saying that they are losing ten cents everytime someone purchases the double cheeseburger of off the value menu.

Franchisees in a down economy are deciding that something needs to be done about the loss in profits due to a sale that is being impossed on them by the franchisor.

Franchisors responded to questions asked by Fox Business reporters by saying that the promotion was designed to draw in customers to the fast food franchise company in a down economy - something that they say has been lacking recently because families do not want to spend money on eating out with the economy the way it is.

Franchisees do not want to suffer losses slowly each time a double cheeseburger is purchased and want to make sure that they are able to continue to be profitable in a down economy by not just driving customers to their business but by making profit off of those customers.

What Should You Do if You Are Involved and Injured in a Car Crash in Staten Island New York

Fri, 13 Nov 2009 08:00:00 EST

Recently in the news it seems like there have been a large number of reports of car accidents in the past few weeks. Tragically some of the Staten Island car accidents resulted in death while others just resulted in damages to the car or injuries to the drivers or passengers. The causes of the car crashes in Staten Island do not seem to have a specific rhyme or reason but rather have been from different types of circumstances.

Here are some recent car accidents that have occured in Staten Island in the past few weeks alone:

As you can see these are just some of the recent car accident events that tok place in Staten Island recently not to mention all of the smaller accidents that were less tragic and may have resulted in common car accident injuries such as head injuries, neck injuries and back injuries. Other common injuries from car accidents are knee injuries. Sometimes when you get into a car accident not only is your head, neck and back affected but also your knee may get injured from hitting the dashboard for example.

Making sure that you know the proper steps to take if you are involved in a car accident is key and not only help you with your New York car accident case but can also save your life. If you are involved in a car accident in Staten Island you should first thing you should do is seek medical attention for your injuries that you sustained. If your injuries are severe you should not drive yourself to the hospital you should be taken by ambulance to the hospital. If the car accident occured in Staten Island you will probably end up going to either Staten Island University Hospital or Richmond University Medical Center. If your injuries are less severe and you choose not to go to the hospital you will still want to make sure you go to your family doctor to have your injuries properly taken care of. This will also help you if you plan on taking legal accident against the other driver to be compensated for your injuries and the damages done to your car. For more steps you should take if you are involved in a Staten Island car accident read this article by our Staten Island injury law firm.

For immediate injury advice from a New York injury lawyer click here to fill out our web form or call 718.979.4300 or 800.976.4904.

Litigating Against a Gas Station Franchisor: When a Franchisor Doesn't Hold Up to their End of the Agreement

Thu, 12 Nov 2009 08:00:00 EST

When you decide to become a franchisee of any franchise there are tems and agreements that must be reached between the franchisor and the franchisee of any franchise system. Franchise legal documents such as the franchise agreement and the franchise disclosure documents that are reviewed and signed when someone is purchasing a franchise are put in place to protect the interest of both the franchisor and the franchisee. So what happens when one of the parties doesn't hold up to their end of the bargain? What happens if a franchisor decides to go against what was agreed on with the franchisee or vice versa?

When franchisees review the franchise agreement they are about to sign they must do so carefully and conduct proper due diligence before signing any franchise agreement and with the assistance of a franchise lawyer to make sure their best interest is being looked after. But sometimes eventhough you may sign a franchise agreement that is in your best interest there are certain situations that can not be foreseen.

In the recent case in New Jersey where BP gas station franchisors are being sued by the gas station franchisees the franchisees of BP gas station in northern New Jersey were offered an extension of the terms of agreement for their contracts and were then told before the contract was even near being up that they needed to sell their buildings back to the franchisor. This has resulted in a lawsuit against the franchisors of the franchise gas station that will now be decided by the courts. The franchisees are worried that even if the court interveens and they do not have to sell their locations the franchisors may still charge them additional costs and drive prices and costs up resulting in them no longer having the funds to operate their individual gas station locations in New Jersey.

If you are a franchisee and feel as if your contract or franchise agreement rights have been violated or disregarded you and you want to speak with a franchise lawyer regarding your rights as a franchisee contact New York franchise lawyer Charles N. Internicola at 800.976.4904 or 718.979.4300.

Litigating Against a Gas Station Franchisor: When a Franchisor Doesn't Hold Up to their End of the Agreement

Thu, 12 Nov 2009 08:00:00 EST

Lower Mortgage Interest Rates: Should I Refinance or Modify my Mortgage?

Thu, 12 Nov 2009 08:00:00 EST

If you are currently a homeowner and have a high mortgage rate that you are locked into or if you have an adjustable rate you may be interested in lowering your mortgage rate or locking into the current rate. Recently the mortgage rates dropped down to under 5% for the first time in months.

The governments efforts to make sure new buyers and current homeowners receive low mortgage rates are not only benefiting the new buyers and homeowners seeking to purchase a new home but it is also benefiting those who are looking to modify or refinance their mortgage (although studies have shown that many people have not been choosing to modify their mortgage but rather prefer to refinance). A study which was done over the past year showed that only approximately 10,000 people modified their mortgages whereas approximately 3 million mortgages were refinanced and on average the people who refinanced their mortgages saved an average of $150 per month.

A lot of people believe that the reason mortgage modifiications are not as popular as refinancing is simply because banks have offered refinancing options to their clients for years and it is a simple process that they are used to doing. Another reason for mortgage modifications being less popular among homeowners looking to lower their monthly payments is possibly because they are not fully aware of what modification to their mortgage is whereas, similar to the banks, they are used to the idea of refinancing.

To help you understand what mortgage modifications are and what refinancing is here is a description of both:

Loan Modification - The process where the terms of the mortgage is modified outside of the original terms of the mortgage agreement (contract) agreed to by the borrower and lender. The loan may be modified to change the terms of the interest rate, loan terms, loan balances, the length of the loan or any other part of the loan agreement.
Loan Refinance - The process where an existing debt obligation is replaced with a new debt obligation with different terms. You are essentially paying off an old loan with a new loan with different terms.

Refinancing or modifying your loan may be a smart thing for you to consider if you:

Currently have a high mortgage rate
Have an adjustable rate mortgage (commonly known as ARM)
Need extra cash
Want to consolidate high interst credit cards

If you would like to discuss the legal side of refinancing with a real estate attorney to make sure your best interest is being looked after contact Steven T. Decker Staten Island real estate attorney at 800.976.4904 or 718.979.4300.

Elderly Abuse: Know the Signs of Elderly Abuse and the Legal Steps to Take Against It

Wed, 11 Nov 2009 08:00:00 EST

Elderly abuse happens far too often in New York City and throughout the country. It happens to women and men, whites and blacks, those who are stable and those who have disorders or degenerative diseases. Elderly abuse is sometimes hard to recognize and even harder to prove when a person lives in a nursing home and you are not around them often. Knowing the signs of elderly abuse can help not only with the welfare of the elderly loved ones in your life but also allows for them to be able to live a happier, fuller life while they are in the nursing home.

First we must determine the types of elderly abuse there is that can occur. Understanding the different types of abuse will allow you to be aware of common situations that occur to the elderly in nursing homes and can help you protect your loved ones.

Physical Abuse - This would include hitting, punching, slapping, kicking, hitting with objects, burning, restraining or confining when not necessary and giving the wrong medication or too much medication intentionally.
Psychological/Emotional Abuse - yelling, swearing, screaming, scaring, ignoring, humilitating, ridiculing, making fun of, or blaming.
Financial Abuse - Illegal use and/or unauthorized use of a check book, bank account, checking card, credit card, pension or forcing an elderly person to name the abuser in their will or in their power of attorney.
Sexual Abuse - Forcing an elderly person to engage in sexual activities against their will including engagement in activities of physical nature or verbal nature.
Neglect - Depriving an elderly person of food, water, heat, clothing and/or comfort.

All of these common forms of abuse happen to thousands of elderly women and men every year as a matter of a fact according to reports one in every 14 elderly may be suffering from one of these forms of abuse. Many elderly people never report the abuse though because they have memory problems or may be scared to say something about the situation. Here are some signs of elderly abuse you can look for in your loved ones:

Depression
Withdraw
Does not want to spend time away from the care giver
Seems to be hiding something about their care giver
Seems afraid to make their own decisions
Never has any money even though they should
Is having "accidents"
Continuously puts off going to the doctor

If you suspect a care giver of elderly abuse you should contact your local authorities and/or programs that are set up and put in place by the state. In New York there are two well known programs for elderly protection against abuse. The first is the Department for the Aging which can be contacted by calling 311if you live in New York City. The second is the Protective Services for Adults (PSA) which is available throughout New York State and can be contacted at 800.342.3009.

After you report the incident to the proper authorities you will want to contact a New York Elder Abuse Lawyer to discuss your loved ones elderly legal rights. If you would like to speak with an Elder Abuse attorney at our Staten Island law office call 718.979.4300 or 800.976.4904 and ask to speak with Frank J. Dito.

Is There a Link Between Aggressive Driving and Fatal Crashes?

mindywein@cox.net (Blog Author)21615 — Wed, 11 Nov 2009 08:00:00 EST

Is aggressive driving an identifiable factor in fatal crashes? The answer seems obvious and in an AAA Foundation for Traffic Safety study, aggressive driving has been linked to 56 percent of fatal crashes that were studied.

Do you worry about the driving habits of others on the road? According to a 2005 survey by ABC News and The Washington Post, approximately 32 percent of those surveyed indicated that aggressive driving is the greatest threat on the road.

We have all seen aggressive driving on the New York and New Jersey roadways whether it’s following too close, not coming to a complete stop at a stop sign, failing to yield or making sudden and unsafe lane changes without using a turn signal. The fact is aggressive driving is a major cause in the deaths of many fellow drivers.

What is aggressive driving? According to the National Highway Traffic Safety Administration, aggressive driving can be defined as “driving actions that markedly exceed the norms of safe driving behavior and that directly affect other road users by placing them in unnecessary danger.”

If you or someone you know has been involved in a New York or New Jersey car accident caused by an aggressive driver, you should contact an experienced Staten Island accident attorney at the law offices of Decker, Decker, Dito and Internicola at (718) 979-4300 or (800) 976-4904.

Purchasing an Investment Property in a Down Economy

Wed, 11 Nov 2009 08:00:00 EST

With the housing market still in the process of recovering and housing prices still at a low it is very easy to understand why buying a house in today’s market could be beneficial to a potential home buyer.

Those considering purchasing a home as an investment property are in a great position at this point in the economy. If you are purchasing an investment property to flip in a few years, even though you may not be able to take part in the housing credit (see why by clicking here) you are still at an advantage when compared to a few years ago when the housing market was doing well and home prices were much higher.

A recent survey by Move.com showed that the percentage of people who purchase houses because they are interested in investing in real estate have doubled since March 2009. Among the main reasons people are being drawn to invest in a property by buying a house are affordable houses and foreclosures.

Affordable Prices – Low housing prices are one of the main attracting factors when people consider buying a house as an investment property at this point and time. Right now the economy and the housing market have began to recover but have not recovered nearly enough for sellers to raise the sale price on their homes. Those looking to purchase a home at a low price now have the opportunity to hold onto it for the next few months or years – basically until the housing market improves enough to sell the house at a higher amount – and then sell it. Low housing prices may not only be attributed to just being low to be sold but may also be because of many family’s choosing to sell their property as a short sale.
Foreclosures – In recent months foreclosures have been at an all time high. While this is bad for the people whose houses are being foreclosed on it is beneficially to people looking to invest in a house. Buying a home at as low as a price that one may be able to find a home that is being foreclosed can be very beneficial to the purchaser. At times foreclosures need to be fixed up and may have underlying problems that you may not be aware of but if you are will to invest money into a house and fix it up if necessary this may be a great move for an investment house.

Regardless of if you are purchasing a home for the first time or if you are looking to purchase a home to invest in the value of an experienced real estate attorney cannot be replaced. Hiring a real estate lawyer is key when you are purchasing a property and should not be overlooked. Make sure that the real estate lawyer you choose is knowledgeable and experienced in the type of sale or purchase that you are considering. Always ask the attorney you are considering questions so you will know if they are the right attorney for your real estate transaction.

What You Should Look for When Buying a Small Business in New York

Tue, 10 Nov 2009 08:00:00 EST

Making a decision to purchase a business in New York may be a great idea but you will want to make sure you have all of your grounds covered and all of your questions answered before you decide to make a move on purchasing a business.

Many people decide that purchasing a business is a better choice for them then starting up a business from the ground up. Purchasing a business may cost more to money during the beginning phase compared to starting a business sometimes but the business will come with certain things that you would of had to start from scratch with if you started your own business.

Here are some questions you will want to get answers to before you make a choice as to what New York business you want to purchase more than likely you have already decided by this point a general idea of what type of business you want to purchase which would be the initial step in deciding which New York business you so here are the next few questions you will want to determine the answers to:

What size business are you looking for. The size of the business you are looking to purchase is very important to you as a potential business purchaser. You will want to decide what size building you are looking for when purchasing your business. For example if you are looking to purchase a restaurant in Staten Island are you looking for a small size building that sells pizza or are you looking for a mid to large size restaurant.
What location will allow your business to be profitable. Deciding what location you want to purchase a business in is extremely critical to how well the sales for your business will be. Do your research and find out if the business currently gets a decent amount of customers and if they generate a good amount of profit.
Determine why the current owner is selling the business. As part of your due diligence you will want to do some research and find out why the current owner is selling the business. If it is because it is not in a profitable location or for another reason that could possibly affect your business you may want to reconsider the business location you are considering.

Aside from these three important factors you will also want to take other things into consideration such as financing and hiring business experts to help you through the process of purchasing a business in New York. Some of the key people you will want to hire or speak with are a mortgage broker, accountant or CPA and a New York business lawyer all of these professionals will play specific roles in your business transaction and will help ensure that the process goes as smooth as possible.

How to Find the Right Franchise Lawyer for Your Franchise Purchase

Tue, 10 Nov 2009 08:00:00 EST

So you have decided that you are interested in purchasing a franchise and maybe you even have a good idea of what franchise company you would like to be a part of. By now you may be feeling like you are ready to take a step forward with your franchise purchase process and may be feeling like you want to speak with someone who can answer the legal questions you may have about the franchise you are considering. You may have franchise legal questions such as "are my rights fully protected as a franchisee in the franchise agreement" and "what is in the disclosure statement".

Finding the right franchise lawyer will help you feel comfortable in your franchise purchase and will help you know to the best of your ability if you are making the right decision by purchasing the franchise that you are choosing to buy. Here are a few things you will want to know when you are searching for the right franchise attorney:

Explore your options even if its nationwide franchise attorney. Finding a franchise lawyer in your area is not a necessity, in fact, since a franchise attorney never even has to meet with you in person for the transaction it is more important that you find a skilled franchise lawyer whether they be our-of-state or in-state rather than using a mediocre franchise lawyer in your area.
Make sure the lawyer is concerned about your potential purchase. The franchise lawyer your chose should be concerned about your purchase and should make sure that you have thoroughly investigated and completed the process of due diligence about the franchise company. A franchise attorney should make sure that you are certain that this is the franchise for you and that you have spoke to other franchisees in that franchise company and have done your research.
Don't use a franchise attorney just because of the discounted legal fee. Sometime franchise lawyers who offer "discounted fees" or have lower fees than most are not the best choice when it comes to someone who is going to be representing you in your franchise purchase. In a franchise transaction you will want to make sure you are using the best of the best when it comes to franchise lawyers. Finding the best franchise lawyer for you may mean that you pay more in fees than you would for a franchise lawyer that is not as good or experienced. Remember spending a few extra dollars now may save you thousands if not hundreds of thousands in the future.
Make sure they are in good standing. Making sure the lawyer you choose is in good standing with the American Bar Association (ABA) is very important and will help you be able to stay away from lawyers who are not looking out for your best interest. You can visit the American Bar Association's web site to view qualified franchise lawyers.

New York City Pedestrian Accidents Can Cause Serious Injuries

Tue, 10 Nov 2009 08:00:00 EST

A recent study showed that one out of every three people killed in traffic accidents are pedestrians. New York City is full of pedestrians because most people prefer to take public transportation from one borough to the next as opposed to driving their car in an already crowded city and perhaps this is what makes the statistic so high.

In 2007 to 2008 a different study was done by the Transportation of America which showed that for ever million residents in New York City 33 die while on foot. While this statistic makes the number of pedestrians who are struck by vehicles that die seem low this study did not take into consideration how many pedestrians are injured while walking, running or bicycling.

A study done in 2005 may put pedestrian injuries into prospective a little bit more. In 2005 there were 71,167 motor vehicle accidents in New York City of which 10,880 involved pedestrians. Out of the 10,880 pedestrians that were struck by a vehicle 159 pedestrian deaths occured. That leaves over 10,500 that were still involved in the accidents and more than likely the majority of those pedestrians were injured.

Being involved in a motor vehicle accident if you are a pedestrian can be fatal or could leave you with long lasting disabilities that can completely alter your life. If you are a pedestrian who was hit by a car while walking you will want to contact an expert New York City Injury Lawyer regarding your accident and injuries sustained while walking. Frank J. Dito expert Staten Island injury lawyer will be able to sit down with you for no cost and no obligation and review your potential accident case with you. He will be able to help you determine whether or not you are able to be compenstated for the injuries you sustained based on the situation which occured when the vehicle hit you. Here are some common situations in which pedestrians are injured and the driver will more than likely be held at fault for the accident:

Driver runs a red light and hits the pedestrian
There are no signals or traffic signals are not functioning properly and the pedestrian is hit by a vehicle
The driver is drunk and hits a pedestrian
The driver loses control of the vehicle and hits a pedestrian while they are still on the sidewalk

To strengthen your case if you were hit by a car you will want to make sure you keep track of all witnesses, police reports and medical records.

Housing Tax Credit Extension Approved | It is Time to Take Advantage of the Housing Credit

Mon, 09 Nov 2009 08:00:00 EST

It is finally official after months of protesting to the lawmakers real estate agents, builders and banks finally voiced their concern for the housing market loud enough that their concerns were taken into consideration and were granted the tax credit extension they were looking for. The First Time Homebuyers tax credit will now be extended until mid 2010 (military members who are deployed will have a longer period of time to take advantage of the tax credit) and will not also include additional housing tax credits for current homeowners looking to sell their house and purchase a new house.

The decision to extend the tax credit to existing homeowners purchasing homes was decided becuase 60% of buyers currently own a home or have owned a home within the past 3 years whereas only 40% are first time home buyers. Congress figures that by extending this credit to current homeowners it will boost home sales even more, by an estimated 10%, over the next few months.

If you are interested in taking advantage of the housing credit you will want to start your search for a home sometime within the next few months because you want to allow yourself enough time to find a house that you like and can see yourself living in for the next few years. You will also want to allow enough time to get approved for a mortgage, if you plan on obtaining one, and to make sure the title is clear of all violations.

Finding the best Staten Island or Brooklyn real estate lawyer is key to making sure that your real estate transaction goes smooth and is done properly. To contact Staten Island real estate attorney Steven T. Decker regarding your Staten Island, Queens, Brooklyn, Bronx, Manhattan or northern or central New Jersey property purchase you can either call 800.976.4904 or 718.979.4300 or you can fill out our form on the web and someone will get back to you about your purchase.

Umbrella Stroller Recall Announced Due to Injuries to Childrens Hands

Mon, 09 Nov 2009 08:00:00 EST

Maclaren announced today that they were voluntarily recalling over 1 million umbrella strollers due to hazards to children's hands and fingers.

The Maclaren umbrella stollers that are being recalled include the following: tVolo, Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno and Easy Travellerhat were presented to the United States since 1999. Since 1999 when the Maclaren strollers were introduced to America there have been 15 known incidents that were reported to the U.S. Consumer Product Safety Commission where children experienced injuries to their hands and fingers from the recalled product.

Maclaren has asked that consumers who have this product stop us immediately and contact the company on the web or by phone at 877.688.2326. Consumers with the defective childrens product will be sent a repair kit to fix the problem with the faulty hinge on the stroller which can potentially cause injuries to your child's fingers or hand and may even possibly cause fingers to be amputated if the side hinge injures the child severly enough.

The U.S. Consumer Product Safety Commission always asks that if you are injured by a product that you report it to them. Filling out a report with the U.S. Consumer Product Safety Commission will help keep track of how many were injured by the dangerous product and will also provide consumers with the proper recall information and hopefull help other children avoid the same injury. If your child sustained serious injuries to their fingers or hands including amputations due to the defective product contact a product liability lawyer. Often times children are the greatest victims of defective products becuase they get injured much easier than an adult would and often times sustain worse injuries than an adult would also. If you would like more information on what to do if your child was injured by a defective product contact us at 800.976.4904 or by completing our web form.

Toddler Dies After Choking Due to Lack of Supervision at Day School

Fri, 06 Nov 2009 08:00:00 EST

A fatal day care accident last October left a toddler dead after she choked on a small rock and did not receive proper medical attention. In fact, 2-year-old Isabella Estep’s teacher did not even realize the child was choking or unconscious until 5 – 10 minutes after the child began choking on the rock when she was on the playground.   Once the teacher, Mia Jennings, realized that the child was unconscious after the other children in the day school were poking Isabella and trying to pull her eyelids open she picked up Isabella Estep and ran down the hall of the school building to find someone to administer CPR to the young child and attempt to revive her. By this point it was too late for to revive the young girl though she went too long without receiving oxygen and was not dead.

This story is very sad and tragic for the Estep family. The loss of their daughter was very traumatic considering when they brought their child to the day school they expected that their child would be properly supervised and taken care of.   If the child would have only been supervised properly the child would have possibly been able to still be alive to this day.   The Woodbridge Day School in Dallas, TX not only failed to keep a child safe from harm on the school premises but also hired an unqualified teacher, Mia Jennings, who did not have a high school diploma and also was not trained to administer CPR, which is a crucial qualification required by Texas day care laws.

The schools owners, Neyse and Robert Hall, underwent an investigation on their school which found evidence of child neglect and 20 specific incidences where the school did not meet state mandated requirements.   Mr. Hall, understanding a major loophole in Texas daycare licensing, decided to sell the school. Selling the school allowed the school to continue operating without having the names of the teachers appear on Texas Department of Family and Protective Services website because it us under new ownership. This loophole prevented the information of Isabella’s death from ever being posted on the site with the details of her death or the negligent cause for her tragic unnecessary death.

The Estep family is currently in a lawsuit against the day care because of their “failure to provide the minimum degree of competency and good judgment” in this case. The Texas injury attorney handling this case, Jeff Rasansky, states in a recent press release “They [the day school] have not been truthful about their role in this child’s death, and they have taken steps to prevent parents of other children from ever learning about their involvement.

This is a terrible story and unfortunately child injuries due to school negligence happens far too often. Hopefully in this child injury case the appropriate people will be held liable for the schools negligence and lack of professionalism.

Drug Recall Information for Ketorolac Tromethamine Injection Due to Possible Injuries

Fri, 06 Nov 2009 08:00:00 EST

American Regent is recalling Ketorolac Tromethamine Injections due to potentially fatal adverse reaction. Kertorolac Tromethamine Injections are most commonly used to treat moderate to severe pain in patients after surgury.

The potentially fatal injection is being recalled after the American Regent was made aware of adverse reactions to the drug which include blood clots and obstruction of blood vessels. Additional adverse reactions include anaphylactic reactions and secondary complications due to injection site irritations.

The Ketorolac Tromethamine injection recall includes all lot numbers of the Ketorolac Tromethamine Injection, USP, 15 mg/mL, 1mL single dose vial, with the NDC number 0517-0601-25. The product was mainly distributed to hospitals, doctors and clinics but may have also been distributed to pharmacy's for patients.

If you have suffered severe adverse reactions to this injection you may want to consider contacting a product liability lawyer to review your injury case after you seek the proper medical treatment. To contact a product liability lawyer in Staten Island New York call 800.976.4904 or fill out our web form and we will get back to you regarding your drug injury case.

Franchising Strategy: Franchise Gas Station to Offer Franchise Arrangements to Potential Franchisees

Thu, 05 Nov 2009 08:00:00 EST

According to Reuters Evolution Fuels Inc., a franchise gas station looking to expand its franchise locations, has decided in its efforts to expand their franchise they will offer new, more visible information to the potential franchisees of the gas station.

The gas station will now be offering a franchise arrangement that will be sent to potential franchisees so that the franchisee will get a good idea the details and concept of what the gas station/convienience store will look like and will also allow the potential franchisee to be aware of the incentives offered by the franchise.

The franchise arrangement the the franchise gas station will be giving their potential franchisees will consist of a distinctive motif of the gas station and convienience store, promotional information about the use of renewable fuels, onsite mixing dispensers and and potential income tax credits of up to $50,000 through the U.S. Alternative Fuel Infrastructure Tax Credit.

Thumb, Finger or Hand Severed at Work: Are you Wondering How you will be Able to Provide?

Wed, 04 Nov 2009 08:00:00 EST

Some manual labor jobs including machine shops, lumbar shops and deli’s require workers to use potentially dangerous machines to do their work on creating an unsafe work environment. It only takes one wrong thing to occur or one improper working machine and it could cut, or even worse, sever your thumb, finger or hand and you may be left not only with an injury but with a disabling situation.

When a body part such as a hand or finger is severed due to negligence of the company you may be wondering how you will be able to provide for your family without your hand, thumb or fingers. Perhaps your skilled trade requires the use of the severed body part and it leaves many feeling scared, alone and not in control of the situation.

If your employer or company is at fault for the accident that took place that resulted in your sever injury or an accident that results in you needing to get an amputation you can apply for Workers Compensation benefits. Workers Compensation benefits are put in place to protect you, the employee, in case of these type of circumstances.

If you are involved in a work accident you will first want to get the necessary medical attention you need then you will want to begin filing a Workers Compensation claim (this must be filed within 30 days of the incident or else you may lose your right to your workers compensation benefits). If you were injured at a job in New York you will want to contact a New York Workers Compensation attorney and discuss your injury with the lawyer. When you contact the Workers Compensation attorney you will want to ask them any questions you may have about your workers compensation case. Remember that filing a claim and contacting an attorney in a timely manner is an important factor in your workers compensation case.

Franchising a Business: What You Need to Know About Expanding your Business Into a Franchise

Wed, 04 Nov 2009 08:00:00 EST

In franchise lawyer Charles Internicola's article "4 Questions to Answer before you Start a Franchise" he explains the steps that you must consider when thinking about expanding your business into a franchise. If you are a successful business owner and believe that your business system could potentially be expanded to multiple locations you may have question about whether or not you should expand your business into a franchise system. Franchising your business may be a good idea if:

You have a business system - Most potential franchisees consider becoming a part of a franchise system because they do not want to have the guess work that is associated with starting a business of their own. You will want to be able to offer a simple, well planned out business system that franchisees can follow.
Your business systems can be easily taught to franchisees - If you do have a business system established the next thing to consider is can it be easily taught to others. If your business systems are too complex your company not be a good candidate for a franchise.
You have a trademark that is protectable - Franchising your business means that you will have to share your trademark with other franchisees so you will want to make sure that your trademark is protected. Hiring a franchise lawyer to protect your trademark is essential for you to be able to share your trademark with franchisees that are a part of your franchise system to avoid trademark infringement.
Your business can be profitable for other franchisees - Ensuring that your business success is something that can be followed and successfully achieved by other franchisees is key to deciding if you should franchise your business. You must take into account that your franchisees will be paying franchise fees and royalties to you. If you do not believe that additional franchise locations will generate enough profit you may want to reconsider franchising your business. After all, in order to have a successful franchise system your franchisees will need to be successful at what they do also or else your franchise expansion will essentially become non-existent.

Window Cord Strangulation in Children Creates a Cause for Concern and a Call for Increased Safety Measures Among Parents

Tue, 03 Nov 2009 08:00:00 EST

Making sure your children are safe from danger sometimes seems like a near impossible task especially as they get to the age where they can crawl and walk. Making sure they stay safe is our main priority as child injury lawyers and we are sure it is yours as a parent also. A few months ago there was a major recall issued for blinds and shades that recalled nearly 5.5 million blinds and shades due to a danger to infants and young children. The recall was issued shortly after the federal authorities were made aware of three deaths and seven near death situations that occurred when children became entangled in the blinds and shades. Parents were warned to review the list of shades and blinds that were recalled so that they can possibly avoid an accidental death or injury of their children and loved ones children.

While the recall did include 5.5 million blinds and shades it no everyone may have been made aware of the recall and also there may possibly be other brands of shades and blinds that need to be recalled that haven’t been yet. Recently a toddler boy died after becoming entangled in a drapery cord. The family was home and when they went to check on the child they found him not breathing and unresponsive they tried to perform CPR on the child but the child was unable to be revived.

Accidental deaths such as this one seem to happen far too often to young children. If you have a child or know family members or friends with young children make sure you pass this information along – it may save your child or someone else’s child’s life.

Here are some tips to help keep your child safe when it comes to blinds, shades and other types of drapery:

Avoid windows coverings with cords when possible
If you have looped cord blinds or drapes cut the loop to avoid the danger of a child becoming entrapped and strangling (See image below).
Do not let the cord on the blinds or drapes hang too long – Make sure cords are at least 6 inches out of your child’s reach. When trying to figure out how high up the cords should be keep in mind that your child can possibly jump or climb to get to the cords so always make sure the cords are kept far away from your child’s crib, bed and furniture.

Extension for First Time Homebuyers Tax Credit in Process and Extension of Increased Loan Amounts: Why it May be the Right Time to Buy a House, Especially in New York and New Jersey

Tue, 03 Nov 2009 08:00:00 EST

If you are interested in possibly purchasing a house there is some good news in store for you whether it is your first time purchasing a home or whether you are an experienced home buyer. The extension of Fannie Mae, Freddie Mac and FHA loans to be set at higher loan limits was announced yesterday as the National Association of Realtors thanked Congress for their speedy action to extend the higher loan limits. The increased loan limits were set to expire at the end of this year but Congress decided that it is in the best interest of buyers, sellers and the economy to extend the increased loan limits through 2010.   FHA, Fannie Mae and Freddie Mac loans will be increased to 125 percent of local median home prices and will have a limit of $729,750 in high-cost areas.   Congress and the National Association of Realtors are hoping that by extending the first time home buyers tax credit and extending the period of time to apply for an increased loan amount the real estate market will be able to fully rebound.

Congress decided on the decision to extend the increased loan limit for FHA, Fannie Mae and Freddie Mac loans earlier this week and the Senate plans on deciding on extending the first time home buyers tax credit and its provisions by the end of this week.   The proposed provisions for the extension of the tax credit includes an expansion of who can apply for the credit which will now include single filing individuals who make $125,000 or less and couples who make $225,000 or less and will be extended until April of 2010.

Those looking to take advantage of the first time home buyers tax credit once the extension is made and are interested in investing in a home may also be interested in applying for state grants (New York state grants for homebuyers | New Jersey state grants for homebuyers) if they are considering buying a home in New York or New Jersey. Those considering purchasing a home in New York or New Jersey can now receive a free copy of our book “5 Myth that Can Ruin the Purchase of your Home”. To request a copy of this no cost, no obligation real estate book click here.   This book was written by an experienced Staten Island real estate lawyer and looks out for the buyers interest in a real estate transaction.

Social Security Disability Backlog Decreases: Make Sure you Get Approved for Social Security Disability Benefits

Tue, 03 Nov 2009 08:00:00 EST

Recently the Social Security Administration announced that their Social Security Disability backlog is down for the first time in a decade. Michael J. Astrue, the Commissioner of Social Security, made the announcement about the decrease in the backlog and attributed the decrease to the new systems that have been put in place, funding from the Obama administration and increase in cases Administrative Law Judges (ALJ) hear a year. While a decrease in backlog is great not only for the Social Security Administration and for disabled persons applying for disability benefits it does not necessarily mean that the cases are being decided properly.

According to the Social Security Administration their Administrative Law Judges heard on average 570 cases in 2009 per each judge. This is a high volume of cases and sometimes cases may not be properly decided on especially if you do not have a social security disability lawyer representing you at the hearing. In fact even the Social Security Administration admits that the amount of Administrative Law Judges they had working on disability cases were enough this year. They announced that they are planning on hiring 226 additional Administrative Law Judges plus support for the FY 2010. The Social Security Administration hopes to be able to reduce the unfair wait time for disabled applicants and increase the number of cases heard a year in 2010 to attempt to continue decreasing the Social Security Disability backlog.

The disability backlog has been a major topic amongst the media and those waiting for disability benefit approval recently. Currently on average it takes over a year to have your disability application approved or disapproved (to get started with your Social Security Disability application click here). Then if you are denied disability benefits you have to submit for an appeal and wait for a hearing. It is important that after of that time of waiting for approval so you can receive a disability check for your inability to work you get approved when it comes time for your hearing. If you are appealing a decision by the Social Security Administration in New York you will want to make sure you have a New York Social Security Disability lawyer to represent you during the hearing. To not do so may risk the strength of your case and could possibly result in you being denied benefits once again. To appeal your Social Security Disability application denial click here.

Halloween Flashlights Sold by Target are Being Recalled because of Burn Danger and Fire Hazard

Wed, 28 Oct 2009 08:00:00 EST

With Halloween approaching it is very important that our children are kept safe during this time of the year. There are many things that you need to consider when keeping your child safe on Halloween but now there has been one more thing you will need to protect your child against this Halloween.

A recall was issued today by the Consumer Product Safety Commission (CPSC) today for mini Halloween flashlights that were sold at Target. The product is being recalled due to concerns about the product overheating and burning children. The CPSC received eight reports of the product overheating and one report of a child suffered burns because of the defective product. Also, during a test done by Wallet Pop on the Halloween flashlights two of the three flashlights were defective in one pack. The one flashlight began crackling and smoking before it was extinguished while the other flashlight began overheating and melting before it was extinguished.

The defective child's flashlights were sold at Target stores nationwide for about $1.00 and were packaged in both packs of 3 mini flashlights which are red, green and black and were also sold in a pack with one orange and black flashlight with six stensils that have Halloween related images on them. The product was made by Devrian Global Industries (packaging will say DGI on the front of the box) and will have a model number of DPCI# 234-02-1813 on the back. These items should be returned immediately to Target for a refund of the full price. This product should not be used due to a burn and fire hazard.

With only 3 days left until Halloween it is important that you share this information with as many people with children as possible to avoid a child from potentially getting burned.

Injuries are often times unavoidable due to a lack of concern on behalf of the manufacturer who creates a defective product. If you or your child were injured by a defective product and would like to discuss what your rights are as an injured victim of a poorly manufacturered product click here.

Buying a Franchise: The Initial Steps of Purchasing a Franchise

Wed, 28 Oct 2009 08:00:00 EST

Purchasing a franchise is a very big decision and making sure you are aware of the proper steps to take when purchasing a franchise are taken is critical. Purchasing a franchise is something that requires much though and attention rather than being a spur of the moment type of thing.

When considering the purchase of a franchise there are a few initial steps that will need to be taken by you before you hire a franchise lawyer (a franchise lawyer will review your franchise agreements, Franchise Disclosure Document (FDD) and will negotiate with the franchisor on your behalf). The initial steps that should be taken before you sign anything with the franchisor are:

Finding the right franchise - Making sure you choose to become part of a franchise that your are interested in, skilled in and think you can achieve your business goals in is very important. Make sure the franchise you are thinking about becoming a part of is profitable business. Do your research.
Contact existing franchisees in the same franchise - Contacting other franchisees who are already a part of the franchise you are considering buying is very beneficial. By contacting other franchisees you will be able to find out if the franchise is profitable, what issues other franchisees may be having with their franchise business or with the franchisors, in short it will allow you the opportunity to ask the person who would know best how the business is run, the existing franchisors.
Contact a franchise lawyer - If after conducting due dilligence for purchasing the franchise you are interested in you will want to contact a franchise lawyer. Franchise lawyers are not necessary when purchasing a franchise but may find that not hiring a franchise lawyer for their transaction often results in more headaches than anything. You need an experienced franchise lawyer to review your franchise agreement, FDD and to speak to the franchisor on your behalf to make sure your concerns and needs are being satisfied by the franchisor. Not hiring a franchise lawyer can result in a higher costs and unhappiness as a matter of a fact if you do not have a franchise lawyer who is representing your best interests you could end up being out of more money than if you would have paid a franchise lawyer's fee.

Making sure that all of your grounds are covered when you are purchasing a franchise is key. Make sure that no step is over looked and no question is left unanswered.

Alternative Options to Consider if you are not Eligible for the First Time Homebuyers Tax Credit

Tue, 27 Oct 2009 08:00:00 EST

So if you are not eligible for the first time home buyers tax credit should you still consider buying a home? For most people the answer will probably be yes as long as you have the necessary income to make a down payment and to pay your mortgage every month while still having enough money for additional expenses.

The home buyers tax credit requirements are not able to be filled by everyone looking to purchase a home especially if you have owned a home within the last three years so where does that leave the buyer who is not eligible for the tax credit but still is looking for a break. Here are some some reasons to buy a home now if you are not eligible for the first time homebuyer tax credit:

Low interest rates - For some who are considering purchasing a house they may find that their monthly mortgage payments for their house will actually end up being less expensive than renting an apartment. Mortgage rates have been at record lows over the past year and right now are still low (in the 5% apr range).
Special provisions for military members - There is a special provision in the first time home buyers tax credit for military and some federal members that was recently added by Congress that allows military member to not have to abide by all of the requirements for the first time homebuyers tax credit. A military member does not have to live in their new home as their primary residence for the first three years if they receive PCS orders to depart from their unit and get restationed within that period of time. The will be able to sell the house or rent it out to someone else and will still be eligible for the $8,000 credit.
Lower house prices - While home sales are up house prices are still down lower than what they were worth a few years ago. Sellers are still not able to raise the prices of their homes if they want to sell their house quickly or, in some circumstances, at all.

If you are interested in purchasing a house in New York you will want to cover all of your grounds before signing a contract. One of the first steps you will want to take once you have found a home you are interested in is to contact a New York real estate lawyer, such as Steven T. Decker a Staten Island real estate lawyer, and discuss your home purchase with him/her. Your real estate attorney will go over your contract of sale with you so that you understand its terms and conditions. To speak with a real estate attorney call 718.979.4300.

Senate Considering Housing Credit Extension

Tue, 27 Oct 2009 08:00:00 EST

This week Senate leaders have been more open about the talks of extending the housing credit that is available to first time homebuyers. While Senators have yet to come to a decision as to what type of extension will be put in place they are highly considering some type of extension.

Senator Majority Leader Harry Reid and Senate Finance Committee Chairman Max Baucus are proposing that the housing tax credit be extended throughout 2010 but decrease in amount quarterly. The credit would continue at $8,000 until the end of the first quarter and if successful would continue into the second quarter but will only be for a tax credit of $6,000 and so on and so forth until the end of 2010 at which time the last quarter would consist of a $2,000 tax credit for first time homebuyers and then would end at the end of 2010.

Another idea that is being proposed by Senator Banking Committee Chairman Christopher Dodd and Senator Johnny Isakson which is that the first time home buyer tax credit should be extended until June of 2010 but will be able to used by all first time home buyer couples who make less than $300,000 a year.

While the Senate has not decided on the exact terms of the extension yet House Speaker Nancy Pelosi said "generally we do support it" when asked about the tax credit extension but she also said that it is still too premature to determine if and under what conditions the first time homebuyers tax credit will be extended until the Senate reviews the situation and comes up with a proposal.

The consideration to extend the housing tax credit comes after mortgage brokers, real estate agents and home builders have been putting pressure on lawmakers to extend the first time homebuyer tax credit which they believe will cause the housing market to slump if taken away prematurely.

Congress May Ask Banks to Raise Loan Cap for Small Businesses and Franchisees

Mon, 26 Oct 2009 08:00:00 EST

Congress will be faced with the decision as to whether or not they will ask banks to raise the current cap on small business loans from $2 million to $5 million. In a recent speach by President Obama he presented an idea to Congress that would help small businesses and franchisees be able to receive higher loans.

The request to Congress was sparked by the recent slowing down in entrepreneurs purchasing businesses and franchises because of the difficulty a lot of people have been facing recently when attempting to take out business loans. Business owners, franchisees and those looking to become a business owners or franchisees are currently only allowed to take out a maximum small business loan of $2 million which often prevents entrepreneurs who are interested in expanding their business, purchasing a franchise or purchasing a business from doing so.

This request to Congress is being made in hopes that it will generate more business growth and job opportunities. Franchisees who already own a franchise business will possibly be presented with the opportunity to purchase additional franchise locations.

When faced with the already tough decision of purchasing a business, purchasing a franchise, or expanding a business you will want to make sure you not only have the necessary funds to move forward by securing a loan, if necessary, but you will also want to make sure you have a knowledgeable business or franchise lawyer to represent you in your transaction. You will want to make sure that your best interest are being protected and represented during your transaction. If you need help with your business transaction or with purchasing a franchise contact Charles N. Internicola New York business and franchise lawyer at 718.979.4300.

New York Housing Trends: Do Higher Sale Numbers Mean you can Sell your House for More Money Now?

Fri, 23 Oct 2009 08:00:00 EST

Buying a house in today's economy is not too difficult to do if you have the funds to do it. With the first time homebuyers, New York state grants and low mortgage rates it is easy for someone who can afford to own a house to purchase one and still have an advantage over the sellers.

With the housing market showing signs of rebound in the northeast some sellers especially in the New York area are asking themselves the question "Can I sell my house for a higher price now that the real estate market is doing better than before?". The answer to this questions is both yes and no. As long as the housing market continues to rebound and continues to recover housing prices will eventually be able to rise and sellers will be able to sell their houses for a higher price than what they currently can. Until the housing market makes a full recovery sellers are going to have to realize that it is a buyers market right now. While people may not be encountering the issue as often anymore of not being able to sell their home at all, even if it is reasonably priced, because the past few months have shown that there are buyers looking for homes but with the economy not fully recovered buyers are still looking for reasonably priced homes.

New York residents interested in selling their homes must realize that in order to so right now they will probably need to continue to follow the current trend which is sell your house at a lower amount than you may want to. In order to "stay in the competition" you will need to list your house at a reasonable price that buyers will want to pay.

According to the National Association of Realtors home resales in the northeast in the past month have showed a 11% increase from resales in the northeast a year ago but the reports also show that the median price for homes fell 7% since last year. People are looking for affordable homes that will have manageable payments. While people are looking for a lower priced home than what they once looked for because everyone else is selling for low also a lot of people are looking for homes that do not need to be fixed up. Here are some tips on how you can raise the value of your home before you put your New York home on the market.

For more information read Staten Island real estate attorney Steven Decker's article "Additional Factors to Consider when Selling your Home in a Buyers Market".

Baby Food Recall Due to Possible Food Contamination and Risk of Injury or Death from Botulism

Tue, 20 Oct 2009 08:00:00 EST

Many parents are concerned about buying the best baby food products and formula for their children and everyone has different preferences as to what they think is the "best" baby food or formula on the market. Finding the right baby food for your infant is very important but more important than finding which brand is nutritionally best is making sure that the baby food has not been recalled.

Plums Organic issued a recall today for their apple and carrot portable pouch baby food due to a low acidity level which can potentially cause the growth of a fatal bacteria known as Clostridium botulinum. If Clostridium botulinum is ingested it puts the child at risk for suffering severe side effects due to the toxins it produces in the body resulting in a condition called Botulism.

Botulism is a dangerous and often deadly condition in which the toxins make their way into the intestines and cause neuromuscular poisoning. So far Plums Organic has not received any reports of injury or sickness in children due to the organic baby food being recalled but they are warning that if you have this product you should not use it even if it appears to be safe.

The baby food was sold in a 4.22 ounce pouch in Toys-R-Us and Babies-R-Us stores nationwide with a "best by" date of May 21, 2010 and UPC 890180001221. If you purchased this item but have not yet fed it to your child yet please do not give it to your child. If your child has already ate the recalled product you will want to watch out for the following signs which are symptoms of the food-borne form of Botulism in infants:

Constipation (often the first sign of Botulism)
Floppy movements due to muscle weakness
Trouble controlling the head
Weak cry
Drooping eyelids
Tiredness
Difficulty sucking or feeding
Paralysis

The signs of Botulism usually appear about 12-36 hours after the toxin enters an infants body. It is important that if you suspect your child may have Botulism you seek urgent medical care immediately - catching this deadly sickness early can increase your child's chances of living. Also, you should alert the proper public health authorities of the contamination so that if will decrease the chances of other people being poisoned by the deadly toxin.

Many people who ingest contaminated food and survive Botulism are left with life changing effects from the sickness such as difficulty speaking, swallowing, breathing and long lasting weakness. If you or your child ate contaminated food and are suffering long lasting side effects of Botulism you will want to consider contacting a personal injury lawyer if the circumstances are appropriate. A personal injury lawyer will be able to help you with your injury case and help you receive compensation for the side effects that are affecting your life and daily activities.

New Report Shows that Older Children Involved in Car Accidents Still Benefit from Booster Seats: Is it Time for Lawmakers to Adjust the Age for Booster Seats

Tue, 20 Oct 2009 08:00:00 EST

Most parents quickly realize by the time their children are four or five years old that they are not ready to place their children in the car without a child safety seat which is why most states require that children be in a booster seat when they ride in the car. Age requirements for booster seats vary from state to state but most states require a child to stay in a booster seat until they are between the ages of 6 and 8. Surprisingly only 25 states and the District of Columbia require children to ride in a booster seat until they are 8 years of age and three states - Florida, Arizona and South Dakota - do not have any laws in place regarding booster seats.

Over the past few years there have been many questions regarding booster seat laws but perhaps one of the most important questions is "What age should a child stay in a booster seat until?". Many states do have laws in place regarding booster seat usage but a recent study done by the Children's Hospital of Philadelphia shows that lawmakers should consider altering or putting laws in place that make it illegal for children 8 years old and younger to ride in a vehicle without a booster seat. The study done by the Children's Hospital of Philadelphia presented evidence that children between the ages of 4 and 8 years old are 45% less likely to be injured with the use of a booster seat. The Children's Hospital of Philadelphia also presented evidence based on their study that there is no difference in the measure of protection that is given between a high back booster seat versus a booster seat without a back both proved to keep children safe the same as the other.

You will want to make sure your child is in the appropriate seat for their age, height and weight. Here are guidelines that the American Academy of Pediatrics (AAP) recommends it will help you determine what type of safety seat or restraint your child should be using:

Infants - you can place an infant in either an infant seat or a rear-facing convertible seat until they are at least a year old and weigh at least 20 lbs.
Toddlers/Preschool age children - a child this age should be placed in either a rear-facing or forward-facing convertible car seat. Children should stay in the convertible seat in its rear-facing position for as long as possible but after they are over a year old and over 20 lbs you have the option of turning the convertible car seat to face forward.
School age children - starting at the age of 4 children who have outgrown their forward facing car seats and weigh more than 40 lbs can be put in a booster seat. They should continue to use a booster seat until they are between the ages of 8 and 12 years of age and are at least 4'9" in height.
Older children - once your child is old enough and fill the height requirements to ride in the car without a booster seat they should continue to ride in the back seat of the car with a seat belt on until they are 13 years old.

Following these rules will reduce the risk of your child being severely injured in a car accident if you are ever involved in one. Another thing that you will want to consider doing regardless of if your child is currently in an infant seat, convertible seat or booster seat is going to a local safety seat inspection location to have a professional check your child safety seat to make sure it is installed properly. It will only take a few minutes and it is free. To locate a safety seat inspection station you can enter your zip code or you can call 1-866-SEAT-CHECK.

Almost Half of Cars Commit Stop Sign Violations in School Zones & Neighborhoods

mindywein@cox.net (Blog Author)20163 — Fri, 16 Oct 2009 08:00:00 EST

Pedestrian injury is one of the leading causes of unintentional injury in the United States among children. Driver behavior is often to blame for these tragic child injuries and death. A recent study by SAFE KIDS and FedEx Express discovered that nearly half of the vehicles observed committed a stop sign violation in school zones and neighborhoods.

It didn’t matter if pedestrians or children were present. Twenty-four percent of drivers still didn’t completely stop. Researchers also noticed that 37 percent of motorists rolled through stop signs, while 7 percent didn’t even bother to stop.

Another study by SAFE KIDS came to the conclusion that two-thirds of drivers exceeded the posted speed limit in school zones during the 30 minutes before and after school. This type of behavior can have deadly consequences.

Children do not have the same reasoning skills as adults and tend to make quick decisions, such as running into the street to grab a ball or cutting in front of a car when they are riding their bicycle. It is therefore up to the driver to pay close attention to help avoid a tragic New York pedestrian accident.

If you or your child has been injured in a pedestrian accident in Staten Island or other area in New York or New Jersey, contact Decker, Decker, Dito & Internicola at 718-979-4300 or 800-976-4904 for a free legal consultation.

Military Members Looking to Purchase a Home Can Now Take Advantage of First-Time Homebuyers Tax Credit

Tue, 13 Oct 2009 08:00:00 EST

If you are a military member who is looking into purchasing a home for the first time you may be curious to know if you qualify for the first time homebuyer tax credit that everyone has been talking about this year. Many service members that purchased a home over the past year using this tax credit have quite possibly had the question run through their head "Will I have to pay back the first time homebuyers tax credit if I have to get re-stationed?" or "I just came back from a deployment - do I have enough time to purchase a house before November 30 when the tax credit deadline is?". Thanks to an extension and revision of the bill these questions have now been answered.

The Service Members Home Ownership Act of 2009 was presented not even a month ago for approval and last week Congress approved both the extension of the first time homebuyers tax credit for an additional year for service members who were deployed outside of the U.S. for over 90 days in 2008 and it would also allow service members to not have to pay the $8,000 credit back if they have to get re-stationed before the initial three years of owning their home.

Many military personnel who purchase homes usually either have to sell their homes or rent them out if they are getting changing locations and are no longer going to be able to live in the home. This was causing a lot of military members to not want to purchase a home and take advantage of the first time home buyers tax credit because more than likely they would have to relocate within the first three years of owning the home and the chances that the new home could remain their primary residence is usually slim. With the Service Members Home Ownership Act of 2009 military members no longer have to worry about these provisions in the First Time Homebuyers Credit.

Robert Dietz, the director of tax issues for the National Association of Home Builders, predicts that the approval of the Service Members Home Ownership Act of 2009 will probably result in an additional 10,000 home sales. While he says this won't have an impacting effect on the national level of the housing market it will have an effect on the local communities, especially the communities that are near Army, Marine, Air Force, Navy or Coast Guard bases.

No matter if you are in the military or if you are not there are certain tips you will want to use when purchasing a house whether it is in New York, New Jersey or anywhere in the U.S. To get more information on what steps and precautions you should take when purchasing a home get a no cost, no obligation copy of "5 Myths that Can Ruin the Purchase of Your Home" by Steven T. Decker. This book is being offered free to residents and those who are looking to become residents of New York or New Jersey.

Types of Auto Insurance Coverage in New York

mindywein@cox.net (Blog Author)19804 — Sat, 10 Oct 2009 08:00:00 EST

New York has a no-fault insurance system, which has both advantages and disadvantages. The advantage is that your insurance company will provide compensation when you are injured in a car accident, no matter who was at fault. The disadvantage is that it is more difficult to pursue damages in a New York car accident lawsuit.

Since New York is a no-fault insurance state, there are certain types of insurance coverage that must be included in your policy, including personal injury protection (PIP). This coverage provides compensation to cover your reasonable and necessary medical costs and lost wages, no matter who caused the auto accident.

Your auto insurance policy should also include collision, property damage liability, comprehensive, bodily injury and uninsured motorist coverage. If you have questions about your policy, you should talk with your insurance agent who will be able to explain your coverage. You should also request your copy of the book, A Lawyer’s Guide to Purchasing Car Insurance.

If you have been injured in a car accident in Staten Island, the Bronx, Brooklyn, Long Island, New York City or New Jersey, contact a Staten Island car accident lawyer at Decker, Decker, Dito & Internicola at (718) 979-4300 or (800) 976-4904.

International Franchise Association Requests that Congress Extend Franchise Tax Incentives

Thu, 08 Oct 2009 08:00:00 EST

The International Franchise Association (IFA), which represents 1,300 franchise systems and more than 500 companies that supply goods and services to the franchise industry, recently urged lawmakers to extend the expiring tax incentives that "would help franchise businesses" according to Dina Dwyer-Owens, chairwoman of the IFA.

The IFA is concerned about the U.S. House Small Business Committee not extending the Emergency Economic Stabilization Act of 2008 which provides tax incentives as write-offs and increased depreciation for certain restaurant improvements and renovations such as equipment purchases and construction.

Dina Dwyer-Owens also asked Congress to extend the American Reinvestment and Recovery Act of 2009 which includes the Work Opportunity Tax Credit. The Work Opportunity Tax Credit is a credit that she says has "helped franchise businesses hire unemployed veterans or youth who are not in school or already employed".

The IFA is asking Congress to extend both of these tax incentives that having been helping franchise owners and those interested in buying a franchise for the past two years. The IFA feels that taking the tax incentives away just as the economy has began to recover could further damage the economy. This believe is similar to the extension that is being requested for the first time homebuyer credit for the real estate market. Although different they are very much alike in a way which is that they are trying to get extensions on both until the economy returns to somewhat of a normal status.

How to Determine if you have the Swine Flu

Thu, 08 Oct 2009 08:00:00 EST

With school back in session and the weather getting colder you may not only be getting ready for winter but you may be trying to prepare yourself for this flu season.

There have been a lot of questions and speculations as far as how severe this flu season will be with the H1N1 strand of the flu (Swine flu) on top of the strands of the virus that we see every year. With so many different strands of the flu going around and the symptoms of the H1N1 strand being so similar to the other strands it can be very hard for a person to determine whether or not they have the swine flu of if they have a different strand. Recently Microsoft Corp. unveiled a website to help determine if you have the swine flu or if you have a different strand. The site asks a series of questions to help the system determine which strand of the flu you may have. You may see any of the following responses after the system has taken all of your symptoms and answers into consideration:

You've probably got swine flu - known as the 2009 H1N1 strain - but rest and fluids should be enough care
You've probably got swine flue - known as the 2009 H1N1 strain - you need a non-emergency call to the doctor
You might be very sick! Call your doctor now
You probably don't have the flu but may be sick from something else

Microsoft licensed this tool for determining if you have the Swine flu from Emory, which based based its results on what the Centers for Disease and Control Prevention determined were key factors for a bad flu outcome such as hospitalization or death. When the tool was tested on more than 2,500 records of patients that visited the doctor for flu-like symptoms in Colorado and only two of the people that the system determined were "low-risk" were hospitalized within two weeks of the results.

Even though this is a great tool do not forget that even if the tool says that rest and fluids should be enough there is still a small margin of cases that it gets wrong. If you feel sick and your symptoms are severe or if you are sick and not improving you should always consult with your doctor because they may want to examine you or may want you to visit your local emergency room.

Here are tip for avoiding the flu and what to do if you have the flu:

Get a flu vaccine. This year there are two vaccines being offered, unlike previous years, one is for the seasonal flu and the other is for the Swine flu. Getting these flu shots will prevent the strains of the flu that are most popular in the U.S.
Take preventative measures. Taking simple steps such as preventing the spread of germs if you are sick can go a long way. Remember to cover you nose and mouth if you sneeze or cough, wash your hands with soap and water and keep a alcohol based hand rub around, if you are sick with the flu stay home for at least 24 hours after your fever is gone and try to limit your contact with other people to avoid getting them sick.
Take antiviral drugs. If your symptoms are severe enough the doctor or the hospital may recommend that you treat the flu with antiviral drugs to fight off the virus.
Take over the counter medication for relief. If your symptoms are not too severe but you still are in need or some relief from the symptoms there are many over-the-counter medications you can take for the flu and for cold. In the past few months there have been may recalled over the counter flu and cold products and acetaminophen products that have been recalled so always be sure to check your over-the-counter flu or cold medication or acetaminophen to make sure it has not been recalled.

Truck Owners Concerned about Injury and Accident Dangers Due to Severe Corrosion Causing Brake Failure and Detached Spare Tires

Wed, 07 Oct 2009 08:00:00 EST

Picture yourself driving down the road in your truck suddenly you hear a loud noise of something large falling out onto the ground. Immediately you begin to try to figure out what it was and are concerned that the drivers in back of you do not hit whatever just fell off of your truck. Another situation you can try to imagine is driving down the highway and suddenly realizing that your brakes are not working like they were the other day. Maybe they are not working as well as they should to help slow you down or maybe the brakes are not working at all. You find yourself struggling to stop or not able to stop at all. A sudden fear arises for you, your passengers and the drivers of the cars around you.

These scenarios may seem unrealistic, far fetched or over-exaggerated but the Nation Highway Traffic Safety Administration (NHTSA) is looking into an issue that is possibly occurring with Toyota Tundra's that could very well create either one of these scenarios.

So far the NHTSA has received over 20 reports of the Tundra trucks having corrosion issues so severe that it results in brake failure or the spare tire mount falling from the truck. The NHTSA says that 5 of the reports have been of corrosion causing brake lines to break and 15 reports of under-mounted body of the spare tire separating. They also have said that the recent issue that they have just started hearing reports of recently is starting to generate calls almost everyday with people filing complaints.

The recent reports that have been made have sparked an investigation by the NHTSA which will be targeted at 2000-2001 Toyota Tundra's. This investigation comes just days after Toyota and the CPSC announced a recall consisting of 3.8 Million Toyota and Lexus cars for a problem with their floor mats in the car causing the accelerator pedal to get stuck in an engaged position and causing uncontrollable high speed rapid acceleration.

The reports of the severe corrosion on the 200-2001 Toyota Tundra trucks so far have been limited to cold weather states such as Massachusetts, Maine, New York, Colorado and 16 other states.

The NHTSA is trying to investigate this issue as quickly as possible with the winter season approaching soon. According to the NHTSA they will be trying to work on this matter and decide if a recall needs to be issued as soon as possible to avoid accidents and injuries due to brake failure and spare tires detaching from severe corrosion.

If your Toyota Tundra has severe corrosion and has caused brake failure or a detachment of the spare tire mount you can report the incident, accident and/or injuries to the NHTSA by filling out a complaint form. If you have suffered injuries from a truck or car defect you may want to consider contacting a personal injury lawyer to handle your injury case.

Purchasing a Condo in New York is Becoming More Popular

Mon, 05 Oct 2009 08:00:00 EST

In recent months you may have hear a lot about the increase of sales of newly constructed homes but a report released by Miller Samuel Inc., a New York appraisal firm, recently shows that New York condo sales are up 45.6% from last quarter. While this number is still down 16% from a year ago this is still a significant jump in for condo sales.

The report released by Miller Samuel Inc. also showed that more people selling a condominium in New York had to drop their sales prices by 5.7% compared to last quarter and 16.5% from last year.

With prices at such a dramatic low it is time for those considering to purchase a condo in New York to make a move.

Many people, especially if they are single, a young couple, or elderly, may consider purchasing a condominium unit. Condo's have become increasingly popular over the past few years because they allow the buyer to purchase a home of their own without having to have the complete responsibility of certain things. Some of the advantages to buying a condominium are:

Most condominiums include amenities that you normally may not be able to afford. Certain condo's the extras you may be looking for such as swimming pools, a gym, volleyball court, tennis courts or basketball courts.
The cost is less than a detached home. Condo's normally sell for anywhere between 20-30% less than a single detached home so you are getting the experience of owning your own home and you are able to do it for less than purchasing a detached house.
Costs are shared. In a condominium the cost of repairs are shared with the other owners of the condominium so instead of having to pay for something yourself, while the cost for materials may be more than for a detached home, the final cost to you will probably be much less because it is being shared with everyone else in your condo.

To find out more information about purchasing a condominium in New York or if you currently own a condo in New York and are looking to sell it contact Steven T. Decker, Staten Island and Brooklyn real estate lawyer.

Dangerous Toyota and Lexus Floor Mats Cause Massive Recall

Wed, 30 Sep 2009 08:00:00 EST

There are many things that we as drivers take for granted when we are driving a car. If you stop and think about just how many technologies you have in your car it is amazing just how many simple things your car does that you may take for granted and never even think about. One of the major things that many people never give a second though to about their vehicle is their brakes. Sure you have them checked to make sure they are working properly and you have new brake pads installed from time to time but what if your brakes are fine and you are under the impression that when you apply pressure to those brakes your car will stop but it doesn't! This is a topic that many Lexus and Toyota owners are being warned about by Toyota and the U.S. Consumer Product Safety Commission (CPSC).

On Tuesday Toyota announced the recall of 3.8 million Toyota and Lexus vehicles because of potentially dangerous floor mats. Earlier this month Toyota made a safety announcement warning Toyota and Lexus owners to make sure their floor mats were properly installed. The announcement was made shortly after a fatal accident occurred which caused the death of a man and his family which was possibly linked to a Lexus floor mat.

The potentially dangerous floor mats risk the accelerator pedal getting stuck in an engaged position. If the gas pedal is being pushed down because the floor mat is holding it there it makes it hard, if not impossible, to stop the vehicle which can potentially result in an accident causing serious injury or death.

According the the CPSC, Toyota has not yet released the exact car models that were affected by this recall as of yet because they are still investigating. Instead they have asked that for now, until they figure out what models need to be recalled, vehicle owners of the following vehicles remove the floor mats from their car until further notice:

2007 - 2010 Toyota Camry
2005 - 2010 Toyota Avalon
2004 - 2009 Toyota Prius
2005 - 2010 Toyota Tacoma
2007 - 2010 Toyota Tundra
2007 - 2010 Lexus ES 350
2006 - 2010 Lexus IS 250
2006 - 2010 Lexus IS 350

The National Highway Traffic Safety Administration says that so far they have received 102 reports of Toyota and Lexus' potentially being linked to the unsafe floor mats. Some of the reports they received also included 911 calls of passengers in vehicles calling and saying they could not stop their car from accelerating and that their vehicle was going over 120 mph.

Toyota warns owners of the Toyota and Lexus car models listed above to follow these steps in case they believe their floor mat is causing their acceleration pedal to be pushed down while they are driving:

Check to see if you can remove the floor mat from the gas pedal safely while you are driving. If you can not remove it safely move onto Step 2.
Push down on the brake with both feet until the vehicle slows down
Put the car in neutral if possible
Switch the ignition switch to accessory power

Being involved in a situation where your brakes fail to work or where your car is accelerating uncontrollably is a scary situation. If your vehicle is listed above as a vehicle that potentially has the problem of causing the gas pedal to accelerate uncontrollably remove the floor mat from your vehicle immediately. In the even you are in the situation where your car is accelerating out of your control follow the check list above and if necessary call 911 for further assistance. If you were already involved in a matter such your acceleration pedal being stuck in an engaged mode and you were injured you may consider contacting an injury lawyer regarding the accident.