Richard T. Miller Law

Landlord/Tenant Law Strictly Abided: Do It Right First.

RTM — Sun, 13 May 2012 18:17:18 +0000

The legal rules pertaining to Landlord/Tenant disputes are detailed in California’s Civil Code and the courts strictly abide by them. The 3 day or 60 day notice to terminate must be accurate and served in a proper manner with a proof of service prepared and filed if necessary; if not done correctly, the tennant can win an unlawful (eviction) detainer case based on technicalities. Likewise, the summons and complaint, as well as notice to other occupants must be prepared, filed and served in the proper manner. The answer in the eviction case denying allegations along with affirmative defenses including paid rent, discrimination, uninhabitable conditions etc. is filed with the court. In a very short time period, the case is set for trial (or default hearing if no response filed). If not done correctly, the tenant will win and the landlord will need to start the process again. So, it is important and cost effective to do it correctly the first time – preferably with the assistance of counsel.

Watch where you step: Premises Liability

RTM — Sun, 13 May 2012 18:03:51 +0000

Slipping, sliding,tripping and falling can be tricky besides dangerous to your health. These are fairly difficult cases to win in court. The defendant landlord, operator and/or manager will almost always claim that they had no notice of a dangerous condition or not enough notice to be able to rectify the condition. Thus, if you do have such an occurrence, it is imperitive that you evidence the condition by photos, witnesses and other tangible documents etc.if available. Make sure you report the occurrance immediately, have a report made (and get a copy of the report!), and get the names and addresses of all on scene – so you can get ahold of them if necessary. And, of course if your are injured, seek medical attention right away; as with any personal injury matter, a delay in seeking medical care will be viewed as diminishing the severity of any injury. Watch where you step.

Personal Injury claim check list

RTM — Sun, 25 Mar 2012 17:51:02 +0000

If you are involved in any kind of an accident that results in injuries to you (or someone else), the most important responsibility is to make sure any necessary required medical attention is provided as soon as possible. If there are injuries involved, you must get to the hospital/doctor ASAP because any delay in seeking medical attention will detract from the seriousness of your injury and reduce compensation for any such injury. If you do not have medical insurance (or otherwise cannot afford your own medical care), you should seek out a medical provider who will treat you on a “lien basis”.

Besides getting necessary medical tratment, you should document what happened by getting all related information about all persons involved, including insurance/motor vehicle information, witness name(s), addresses and telephone/contact info and photgraphs if possible. Make sure to know where you can get a copy of the traffic collision report if one is being prepared by Police or Sherriff’s dept. If some type of fall is involved, take photos of the area as it was at the time asap, and save what you were wearing (and carrying).

You should also notify your own insurance about any accident or potential claim. If any cross-claim is made against you, your insurance should handle it. Last, but not least, contact an attorney who will be able to assist you process your claim(s).

Dispute Avoidance or Early Resolution

RTM — Sat, 17 Mar 2012 17:47:18 +0000

The best way to avoid and/or resolve disputes early is to make sure you have good communication with the person(s)/businesses in which you are dealing. If there is any uncertainty, clarify at the earliest possible time. And, make sure you document the transaction (ie emails/invoices/reciepts/work orders) and save or back up your documentation. This will be well worth the effort in case you do have a dispute because you will have the evidence to support your position. Bring another person (ie witness) to discuss the matter with the person your having a dispute with and/or bring in a nuetral person who can perhaps mediate the dispute. Avoiding and/or settling disputes early will save you from unnecessary stress and money in the long run.

Aviaton Law and the FAA

admin — Wed, 11 Jan 2012 00:16:08 +0000

Richard T. Miller is a pilot and an expert on the FAA.

Anyone with a stake in aviation law must keep current with FAA rulings. Richard T. Miller offers these articles on Aviation Law and the FAA for your information.

http://richardtmillerlaw.com/aviation_law.htm