Bait-and-Switch as Business Fraud in Retail

Business fraud is a serious case, but individuals and businesses alike have been defrauded continuously in Houston. The guilty parties tend to overlook the possible consequences because of the economic gains in engaging in such an act. But at the end of the day, they are most likely causing damages to the other party. So they should be afraid that the other party will act immediately against them.

Bait-and-switch is one of the common forms of business fraud in retail. It happens when the merchant “baits” customers for products or services. When the customer finally goes to the store, he finds the product or service disappointing because 1: it is not available, or 2: it does not live up to what has been advertised. The merchant then introduces a similar product or service to force the customer to “switch” into it.

The merchant can gain significant revenue because of this tactic, but it does not change the fact that the merchant has committed false advertising and could be held liable for it. If you are a customer who has become a victim of the bait-and-switch scam, you can file a lawsuit against the merchant.

If you are a business, the lawsuit could even be more serious. If your product or service has been used as a “bait” for customers, you can file a case of trademark infringement. The loss of possible revenue and other damages to your property are also legitimate reasons to make your case even stronger.

According to an informative article in the website of Houston deceptive trade practices lawyers, there is a good chance to hold the merchant accountable, especially if there is proof that the merchant has intentionally and disingenuously represented itself as a means to deceive you or deprive you of your property.

The fact that business fraud continues to exist is proof that businesses are not afraid enough of the consequences. As a victim of fraud, you should be assertive and fight against the guilty parties. If all of the victims continue to fight for what is right, we are moving one step closer into a world free of business fraud such as bait-and-switch operations.

read more

Employment Law 101: Wrongful Termination and “Employment-at-Will” Contracts

In some ways, the U.S. marketplace has yet to fully recover from the instability it experienced in the past decade. This is evident in the fact that there are still a good number of people that are having a difficult time with finding employment opportunities. As of September 2016, the U.S. unemployment rate is at 5 percent. While this is certainly an improvement compared to the last five years, there’s still plenty of room for improvements to be made. As such, it’s completely understandable why many workers jump at the chance to secure a job—even if it comes with certain costs.

In most states across America, workers are employed under what is called an “employment-at-will” contract. According to the Leichter Employment Law Firm, being an at-will employee means that employers are to issue a termination without giving prior notice as long as the reasons are legitimate and lawful. Unfortunately, many employers tend to abuse the leeway provided by such a contract. In some cases, employees do not receive appropriate notice for their termination. This is when wrongful termination happens. When an employee is suddenly let go of their jobs without any discernable explanation, it can typically be due to violations in fair labor practices. Wrongful termination includes the firing of employees based on discriminatory acts against their race, gender, religion, or health status. It can also be done as retaliation against employees who might have, for example, gone ahead to lodge a complaint against a supervisor’s continued harassment.

Employment-at-will contracts also go both ways. While employers are allowed to terminate a working relationship with an employee at any given time with appropriate reason, the same thing can also be done by the other party. Still, for many employees, it seems that at-will contracts only benefit employers as it allows them to work around specific fair labor practices regulations. With this in mind, employees in these situations shouldn’t hesitate to consult with a legal professional to learn more about how they can lodge official complaints against their wrongful termination.

read more

Why Do Dogs Bite – Warning Signs and Prevention

Dogs are man’s best friend. They will protect you, remain loyal, give companionship, and others. They are sweet and cuddly as a pet. However, when provoked or for other reasons, dogs can also be your worst enemy. The owner of a dog has a legal obligation to restrain the dog and failure to do so could be considered negligence, especially when physical harm occurs to an innocent party.

Have you ever wondered why dogs bite? Dogs will not bite just because they want to. There are several reasons they do so. While they have the ability to inhibit themselves from biting, they bite when their restrain for biting is exceeded. Here are the reasons dogs will bite:

1. Dogs bite in order to protect their territory. This is true when a stranger tries to approach their owner or the home of their masters.

2. Dogs bite when they are provoked. For example, when you take something away from them or when you step over the dog. The behavior of individuals around them can provoke the dog to bite.

3. The dog is either injured or sick.

4. The dog gets overly excited while engaging in rough play with a child

5. For pregnant dogs, they will bite if someone tries to take their puppies away

6. They are just having a bad day

Warning Signs

The good news is that there are warning signs that the dog will send you if they will bite. Some of the common indicators include the following:

  • Direct eye contact
  • Growling, snapping, and showing of teeth
  • Wagging of tail. Some tail wags indicates that the dog is a little bit hesitant and may want to bite you. If the tail is wagging slightly, that is a sign that they are ready to bite you.
  • Turning their heads away from you or getting up and moving away
  • Scratching, biting, or licking themselves
  • Yawning

Preventing Dogs From Biting

According to a report by the American Veterinary Medical Association, Task Force on Canine Aggression and Human-Canine Interactions, there are five factors that can determine whether a dog will bite.

1. Breed of the parents. Aggression is built-in in certain breeds of dogs and this helps determine whether the dog will bite.
2. Socialization. By training the dog to feel comfortable in different situations, you can prevent them from biting.
3. Training. If the dog was trained to be aggressive to people, this can be a danger. But poor or no training at all can also be bad.
4. Health. When the dog is injured, sick, or in pain, it can be a stimuli for biting.
5. Behavior of the victim. If the people around the dog provokes them to bite.

Understanding warning signs can help prevent dogs from biting.

read more

Abuse and Neglect in Nursing Homes: Continuously Threatening the Well-being of Senior Residents

According to the American Association for Justice, about 90% of nursing home facilities do not have enough qualified nurses and trained personnel who can provide residents with the quality care they need and which these very nursing facilities actually advertise and promise.

Nursing home facilities, also called Skilled Nursing Facility, Nursing Center, Convalescent Care or Long Term Care Facility, are designed for those who require round the clock custodial and skilled nursing care; these include adults (usually those aged 65 and above), physically or mentally incapacitated individuals, people who are ill and in need of rehabilitative therapy, and those suffering from Alzheimer’s disease. Since these individuals are no longer capable of performing even the basic activities in daily living, trained facility staff members are tasked to provide them custodial care, which includes feeding, bathing, dressing and toileting.

According to the Centers for Disease Control and Prevention (CDC), as of February of 2015, about 1.4 million residents are housed in 15,700 nursing homes facilities located in different parts of the US. Despite the need to house their elder loved one in a nursing home and despite the thousands of nursing facilities in each state, though, many families are unsure about which facility they should actually choose due to the widespread cases of neglect and abuse that cause residents more suffering, including physical injuries, emotional trauma, humiliation, self-pity, hatred, despair, and so forth.

In a study conducted by a staff from the Special Investigations Division of the House Government Reform Committee, it is shown that from January 1999 to January 2001, 9,000 instances of abuse in 5,283 nursing home facilities were committed. Some of these abuses or lack of care included inadequate medical care, inadequate sanitation and hygiene, and acts that resulted to dehydration, untreated bedsores, preventable accidents, and malnutrition. But besides physical abuse, residents were also subjected to other forms of unjust treatments, including financial abuse, emotional abuse, verbal abuse and, the most degrading of all, sexual abuse.

Despite the Nursing Home Reform Act that was enacted by the US Congress in 1987, which mandated the provision of services and activities that are gird towards the attainment or maintenance of the “highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care,” nursing home abuses and acts of neglect still continue to happen.

An abuse, as defined under Federal nursing home regulations, is any form of act that results to intimidation, unreasonable confinement, physical harm and/or mental anguish, and which purposely inflicts injury, or deprives care or service. Neglect, on the other hand, refers to any form of failure to provide a resident with the required care and service that will ensure ease of pain or freedom from harm, or failure to assist a resident during potentially dangerous situations which may result to harm or anxiety. Acts of neglect may by intentional or non-intentional.

According to the website of the Karlin, Fleisher & Falkenberg law firm, a family that entrusts its loved one to a nursing facility has every reason to believe that he or she would only be treated with dignity and compassion throughout the duration of his or her stay. Failure to provide this dignified and compassionate treatment, which nursing homes promise to provide, much more subject an elder resident to abusive and neglectful treatment, gives the resident and his or her family the right to take action against the guilty party to hold them responsible.

read more

Potential Birth Related Brain Injuries

There was a period when pregnancy was like a death sentence. There was a chance that is 50-50 that the caretaker the youngster, or equally will die during childbirth. This is because traditionally, a female gave beginning at home of course, if she was really fortunate, would have a midwife in presence who’d learn more than the mother about this, however, not significantly. Deaths also occurred since cleanliness wasn’t a top precedence back in the afternoon, so what the injury of labor did not do, a disease could complete.

Obviously, these specific things are no longer accurate, the numbers are way lower and while parents and kids still expire from the problems of labor. A qualified obstetrician could be in general to assist using a supply, and their palms are washed by everyone before performing the deed. Nevertheless, you can still find instances when beginning injuries arise that could end in lifelong or death health issues for the kid.

A large number (2 out of 1000 live births) of youngsters existing together with the features of cerebral palsy (CP) afterbirth. The data shows that a significant number could possibly be due to medical negligence while the exact cause of neonatal CP isn’t identified.

CP is just a generator development issue in which the afflicted may have in controlling their activities modest to severe trouble, with respect to CP present’s kind. These experiencing CP’s worse types would need special attention throughout their lives and would be incompetent at caring for themselves.

At-birth onset of CP may be due to several elements, such as an intrauterine infection’s reputation or lead exposure of mom. However, it can be feasible the CP come for the child’s head before from an inadequate movement of oxygen, after the stresses of childbirth, and during. Medical neglect kicks in if the physician fails to follow treatment that is common to clear the air passage of the newborn quickly upon distribution, causing CP advancement.

Contact an individual injury lawyer in the region in receiving payment for such scenarios, specializing if your kid has endured beginning incidents as a result of neglect or mess of a health career. You will need all of the support you will get to provide on your child that is sad. Should you live in your kid as well as the East Texas area is actually a prey of delivery incidents, subsequently contacting a Fort Worth Injury Lawyer will be the next best step in understanding more regarding the next lawful methods to get.

read more