Recreational facilities (indoor parks, movie theaters, arcades, gyms, etc.)
Just as these accidents can occur anywhere, they can also occur for a variety of reasons. Here are a few of the most common reasons for slips, trips, and falls:
Wet or slippery floors: Rain, snow, food and drink spills, cleaning solution, and oil spills can cause walking surfaces to become wet and slippery. Property owners should conduct regular inspections of their property to keep an eye out for wet areas.
Building code violations: Property owners are required to ensure that their properties comply with building codes. Stairways that have not been properly measured, missing handrails, improper elevator maintenance, cracked ceilings, insufficient lighting, and other building code violations can cause slip-and-falls.
Uneven flooring: Property owners may fail to properly maintain flooring surfaces, resulting in broken tiles, torn carpeting, sidewalk cracks, and potholes in parking lots.
Clutter and debris: Many establishments have countless items blocking walkways and taking up floor space, making it difficult for people to get around.
Victim negligence: Property owners are not always the only ones to blame for slip-and-fall accidents. The victim may have been negligent in failing to pay attention to warning signs, wearing improper footwear and/or loose clothing, or texting and walking.
If you have been injured in a slip-and-fall, you may be able to file a claim against the negligent property owners responsible for your accident. You will need to establish that a dangerous condition on the property caused your accident, and the owners knew or should have known about the hazard. You will also need to show that the owner failed to make reasonable attempts to solve the issue by performing repairs and/or posting warning signs. Finally, you will need to show that the owner’s failure to act caused your accident and injuries.
If you are partially liable for your own slip-and-fall, you may still recover damages under Kentucky’s pure comparative negligence laws. In other words, if you are not fully at fault for the accident, you can still recover damages. The court will reduce your damages based on the percentage of fault attributed to you.
]]>On Behalf of Ecton & Shannon, PLLChttps://www.ectonlaw.com/?p=468032023-12-12T18:42:10Z2023-12-06T18:40:47ZWhat constitutes wrongful termination?
Employers need to know when wrongful termination allegations might be valid and strive to avoid claims when dealing with employees. Since Kentucky is an “at-will” state, it means that employers can generally dismiss employees whenever they choose to do so and not give a reason. A case that was decided upon by the Supreme Court of Kentucky concisely details when there might be wrongful termination and when a dismissal is justified.
When people are discriminated against for any reason including age, gender, sexual orientation, gender identity, race, national origin and for many other factors and are dismissed because of it, it might be a case of wrongful termination. Those who complain about mistreatment like sexual harassment or are whistleblowers about safety violations in the workplace are also protected by anti-discrimination laws.
Employees can be terminated because they did not fulfill their duties, there are layoffs, they committed behaviors such as theft that warrant termination, they simply did not adhere to the requirements of the job or the business is closing.
Employers need to differentiate when terminating employees
Treating employees in an aboveboard manner is a sound strategy for businesses to avoid wrongful termination claims. Still, even if a business adheres to the law and makes sure to have a sound reason for firing an employee, there could be claims of wrongdoing. Employment lawsuits can be costly in myriad ways and it is imperative that businesses are fully protected.
Established businesses and new businesses alike are vulnerable to the negative connotations of an employment lawsuit. It can damage or outright destroy a business and its reputation.
Lodging a defense is crucial and that includes having detailed evidence of how employer-employee issues are handled, making certain the employees are up to date on their status and adhering to the law. Even if the business is protected, they could be confronted with discrimination claims. It is wise to have a comprehensive strategy to combat these allegations to reach a positive result and shield the business.]]>On Behalf of Ecton & Shannon, PLLChttps://www.ectonlaw.com/?p=468002024-02-29T11:30:56Z2023-10-02T09:36:34ZSome accidents must be reported
According to state law, there are specific times when law enforcement must be called. One is if the vehicle is inoperable. If the driver does not inform law enforcement or is unable to do so, others in the vehicle or the owner are required to take this step.
When an officer arrives, they will proceed with an investigation, write a report and file it with their agency. The agency will then inform the State Police within 10 days of the investigation.
The amount of damage to the vehicles is also relevant. If the estimated property damage goes beyond $500 and there was no police investigation, the person who was operating the vehicle must file a written report with the Kentucky State Police. It must be done within 10 days.
The accident report is important not just to have a documented and official record as to what happened presented in an objective way. It is imperative in the aftermath. For example, everyone involved and their representatives will have access to the reports. That includes parents or guardians of minors who were in the crash, insurance companies, attorneys and anyone who is a party to litigation stemming from the accident.
It is wise to seek help after an accident
It is tempting to avoid getting police involved in an auto accident. Some might be fearful as to what will happen to their driving record and insurance if they do report it. Despite that, people should be aware of the negatives that can accompany the decision not to call law enforcement.
Property damage can be costly to repair. More troubling is the possibility that people who were injured in the crash will not have a record of it and might have a tougher time exploring their legal options.
This is particularly true in incidents where the injuries are not obvious from the start. Feeling lingering pain and soreness after an unreported accident and seeking medical attention only to find there were injuries can make it more difficult to pursue compensation without an accident report. This can hinder recovering a maximum financial settlement for all that was lost.
]]>On Behalf of Ecton & Shannon, PLLChttps://www.ectonlaw.com/?p=467302023-08-14T16:20:58Z2023-08-03T16:18:02ZMedicaid lookback period.
What is the Medicaid lookback period?
To be eligible for Medicaid, your assets and income must be below a certain threshold. If your wealth is above that threshold, then the government considers you capable of covering your own long-term care needs.
But the government worries about Medicaid costs, which is why it checks to see if you’ve simply unloaded your wealth in short order so that you can meet eligibility requirements, thereby bypassing your obligation to cover your long-term care costs. They do this by looking back at all financial transactions that have occurred during the five years leading up to your Medicaid application.
What transactions during the lookback period are problematic?
There are a lot of transactions that can lead to Medicaid eligibility issues. This includes each of the following:
The selling of certain assets well below their fair market value
Transferring ownership of a house to a relative who is older than 21
Gifting money to your loved ones
Giving major assets, like a vehicle, to charity
Loaning money to loved ones
Paying for personal care without a formal agreement
Keep in mind, too, that your spouse’s transactions will also be under the microscope.
What happens if you engage in one of these transactions during the lookback period?
If the government finds that you’ve engaged in one of these transactions during the lookback period, then you’ll be hit with a penalty. This means that your ability to seek eligibility status will be delayed, putting you at risk of missing out on these benefits when you truly need them.
How can you protect your Medicaid eligibility?
Fortunately, there’s a lot that you can do to protect your interest here. First, you should be aware of the exempted transactions that won’t affect Medicaid eligibility. These include:
Transferring assets to your spouse
Transferring assets to someone else for the sole benefit of your spouse
Transferring a home to a child under the age of 21
Transferring a home to a blind or disabled child
Transferring a home to a sibling if they lived in the home for at least a year leading up to your long-term care stay and who already has an ownership interest in the residence
Second, you can be mindful of the lookback period and try to reduce your assets prior to those five years. This can be hard to do, of course, as you’re never really sure when you’ll need long-term care. You can also try to spend down your assets, although this won’t protect your assets for your loved ones to inherit.
Another option, though, is to engage in effective estate planning. By engaging in the process early on, you may be able to protect your wealth for your loved ones while securing your ability to obtain Medicaid benefits.
Know how to competently navigate the Medicaid eligibility process
There are a lot of nuances to rendering yourself eligible for Medicaid. If you don’t know how to navigate the process, then you might end up making yourself ineligible for the resources that you need. That’s why now is the time to start planning for your long-term care needs.]]>On Behalf of Ecton & Shannon, PLLChttps://www.ectonlaw.com/?p=467292023-05-09T13:03:00Z2023-06-02T08:02:04ZThe risks posed to elderly drivers
In 2020 alone, nearly a quarter of a million elderly individuals were injured in a car accident. This is somewhat understandable when you look at the statistics, which show that nearly a third of all drivers are considered to be seniors, and two-thirds of them are involved in a wreck at some point.
But the results of an accident involving these individuals are often tragic. In fact, the National Highway Traffic Safety Administration found that more than 6,500 died in these accidents in 2020. Even those elderly drivers who are lucky enough to survive their crash can face more serious injuries compared to younger drivers given their more fragile state. As a result, older motorists often suffer the following injuries:
Broken bones
Back injuries
Neck injuries
Traumatic brain injuries
Whiplash
Internal damage to organs
Sprains and strains
Severe lacerations
Even though these injuries can also be suffered by young drivers, older motorists can be more susceptible them, and their recovery time can be much more significant. Additionally, what could be a less severe injury in a younger motorists could lead to complications in an older victim.
Don’t forget about financial harms
Recovering from accident injuries can be costly regardless of your age. But if you’re older, then the impact of your accident injuries can be more severe. You might be retired, meaning that your insurance coverage may be limited, and you might not have additional income that you can rely upon like those who have accumulated paid time off from their jobs do. And, if your recovery is going to take a significant amount of time, then you might be left in a difficult financial predicament where your medical expenses and rehabilitation costs quickly eat into your savings.
What are you to do after being injured in one of these wrecks?
Although you’re dealing with a lot right now, you don’t have to sit there and accept the fate that’s befallen you. Instead, you can consider aggressively pursuing a personal injury case which, if successful, could lead to the recovery of the compensation that you need.
If you’re worried about how to make ends meet while a lawsuit is pending, though, then you might want to consider talking to your medical provider to see if they can hold off on collecting debt until your lawsuit resolves. You can also turn to friends and family for help, and you can even consider utilizing a lawsuit loan if you think that’s right for you.
Be prepared to advocate for the outcome that you want
In the end, though, if you want to find accountability and recover compensation, then you need to be ready to aggressively litigate your case. That can be a daunting thought, especially when you’re trying to figure out how to recover from your injuries.
But that’s why now is the time to start thinking through your strategy and what you need to support you throughout the process. Hopefully then you’ll be better positioned to secure accountability and recover the compensation that you need.
]]>On Behalf of Ecton & Shannon, PLLChttps://www.ectonlaw.com/?p=467282023-03-30T13:09:21Z2023-04-04T13:08:03Zbusiness law is often best suited to review the contract. The attorney will often focus on the following:
Offer and acceptance: The contract includes a clear description of what goods/services are being offered and a statement indicating that both parties accept the terms of the offer.
Consideration: The contract must address the benefit each party gets for what it gives up (e.g., one party gets the benefit of goods/services offered, while the other party receives payment).
Capacity: All parties have a legal ability to enter into the agreement.
Legality: The contract is legally binding.
After ensuring that all of the basics have been addressed, your attorney will take a closer look at the terms and conditions of the agreement, as well as warranties, dispute resolution clauses and other more specific components.
Why is reviewing a contract important?
Business agreements are legally binding and must provide clear guidelines for your business relationship. Reviewing each line of a contract thoroughly is essential to make sure you save time and money in the long run.
Reviewing a contract before signing it allows you to make sure that the terms and conditions are fair to all parties involved. Failure to properly review an agreement may result in costly legal disputes later. A careful review of the agreement can also help you identify any ambiguities in the contract that need to be clarified prior to signing. Reviewing the agreement can also help you identify potential risks or liabilities that stem from the agreement.
Your business contracts can greatly impact the success of your business. If you have a business contract that needs to be reviewed and edited, consider consulting with a business attorney in your area.]]>On Behalf of Ecton & Shannon, PLLChttps://www.ectonlaw.com/?p=467272023-02-06T17:21:30Z2023-02-02T17:19:07ZLegacy assessment
A legacy assessment goes far beyond an estate plan and helps the family deal with business law and other issues arising from the death of a family member. These include possible liquidity gaps for covering estate taxes, who will manage the family business, unintended consequences of charitable gifts, conflicts among beneficiaries and other matters affecting business stability and financial success.
A legacy assessment allows family members and their business management to methodically make and revise succession decisions. These decisions and planning can be exceedingly difficult during the stressful period after a family member dies when the business may be in turmoil and other matters distract family members.
Through a legacy assessment, managers and family members can consider the complete business consequences when a key family member dies or suddenly retires. A broad, thoughtful, and organized process can reveal knowledge and documentation deficiencies and other critical areas that may impact business continuity and the family’s financial condition.
Stakeholders
The senior generation of high-net-worth families often own or control a large share of the business, but there are many other individuals who have a stake in the business and are affected when senior management dies or retires.
These include family members concerned about legacy issues. Non-family senior officials or management careers are often stakeholders because their roles in the business may change.
First steps
A legacy plan begins with a 90-day drill. During that period, management identifies the financial, accounting, legal regulatory and administrative issues that should be addressed immediately after the key person’s death or retirement.
Next, there should be financial projections. This involves a review of all assets and estate planning documents to identify the financial consequences of the key persons’ death.
Planners should also engage in an asset disposition analysis. This includes analyzing retirement plans, insurance policies, equity ownership agreements and disposition of certain assets.
Finally, the founder or leader should participate in this process. Their expectations and wishes can preserve their legacy, improve family relationships, and reduce conflict and confusion.
Consequences
A recent MLR Media pulse survey of businesses, many that are family-owned, revealed that 52% of respondents did not have a formal board process for succession planning. Only 30% or respondents reviewed their plans each year.
Inadequate planning, however, can have serious consequences. Examples include:
A child being disinherited by accident because their estate tax liability exceeded the value of the business they assumed.
Executive departures destroying a business because it was left to a charity which does not want to keep it in operation.
Family members administering a large estate even though they do not get along.
Attorneys can assist businesses and family members with this planning. They can help them prepare the business and estate documents for their plans.]]>On Behalf of Ecton & Shannon, PLLChttps://www.ectonlaw.com/?p=467262022-11-28T14:57:40Z2022-12-07T14:53:45Zon how to have this essential conversation with your parents.
How to discuss unsafe driving
First, you will want to decide exactly who will initiate the conversation with your parent. It may be your parent’s spouse, you, a sibling, you and your siblings, or even your parent’s doctor. It should be someone your parent is receptive to listening to.
Second, you should understand that it may not be a one-and-done discussion. The conversation may be an ongoing process, taking a matter of weeks or even months before your parent agrees that they can no longer drive safely.
Third, choose the right time for having this conversation. It should be at a time when your parent is relaxed. If they are irritated, tired, hungry or otherwise in a bad mood, they are not likely to be receptive to what you have to say. Do not spring the conversation on them unexpectedly.
Explain how unsafe driving is negligent
You need to explain to your parent that unsafe driving habits are negligent. Some issues the elderly have with driving involve:
A decline in their vision, making it difficult to see signs and other vehicles
Reduced reaction times, making it difficult to respond to emergency situations
Medications that make them drowsy
Diseases such as Alzheimer’s or dementia that affect their understanding of their surroundings
Any of these problems can easily lead to driver errors that cause a car crash.
Unsafe driving practices can often satisfy the elements of negligence. Your parent must drive responsibly. If they do not meet this duty of care, they can cause a car accident. If the crash caused someone else to be injured or otherwise suffer compensable damages, your parent could be legally liable for the cause of harm.
Only an attorney can determine if your parent’s driving habits are negligent. Still, it can help to encourage your parent to give up driving before they cause a car crash. This keeps them and all others on the road safe.]]>On Behalf of Ecton & Shannon, PLLChttps://www.ectonlaw.com/?p=467242022-10-10T14:51:33Z2022-10-10T14:51:33ZEstate planning and keeping family members involved
In an estate plan, there can be a will, a trust, a power of attorney, an advance directive and more. The situation itself will dictate what a person should have in their estate plan. A fundamental part of being fully prepared is discussing it with family members. While people are advised to do as they see fit, getting input as to what loved ones need and want can be useful. A trust could be helpful for offspring who want to attend college and graduate schools. If there are minor children or grandchildren, the person can leave property to them but make certain they do not make missteps by shielding them via a trust. A will passes property like a marital home and assets to a spouse and others.
There are myriad aspects of an estate plan. Taking an inventory will determine what the person owns, how much it is worth and where their key documents are located. Family members can assist with this. The estate and how it is handled can come up for debate. Deciding on an executor, for example, may require some deep thought and discussion to determine which family member would be best suited for the responsibility and who is willing to take the time and expend the effort to do it.
A will is the right way to go for many people. For others, a trust could be preferable. This is especially so if the person wants loved ones to do certain things like care for a pet or achieve various goals. The estate plan should be in a safe place and cover all the bases the person wants. The funeral arrangements can be stipulated in the estate plan. There can be terms of succession for a business. Properties could be retained and sold as part of the document. There is a great deal to consider with estate planning.
Having help with estate planning can make the process easier
When considering getting legal guidance for an estate plan, it is wise to consider local options. Calling professionals who have been involved in all areas of estate planning and have a longtime presence in the Bluegrass State is a beneficial step. This can provide people with comprehensive advice tailored to their needs.
If it is a business owner who is thinking about how to pass it on to loved ones with limited financial cost, a person who has extensive property holdings, someone who wants to donate to charity in addition to caring for their family, or people who have a combination of factors they want to address, it is essential to call for advice.
This applies to people of all ages, but frequently, people aged 40 and above may put estate planning off. This is a risk. If something happens and they only have a basic estate plan or do not have an estate plan at all, their desires will not be met. Talking to the family about the estate plan and consulting with experienced professionals can give peace of mind and help with creating a viable will, trust or other tools to suit the person’s objectives.]]>On Behalf of Ecton & Shannon, PLLChttps://www.ectonlaw.com/?p=467222022-08-15T21:08:02Z2022-08-04T21:04:37ZMotorcyclists vulnerable in crashes
Motorcyclists are vulnerable to injuries or fatalities if they are involved in a collision with an automobile. Motorcycles are smaller in size and weight than an automobile, meaning the automobile has more force in the event of a crash. Moreover, motorcycles do not provide riders with the structural protections inherent in cars. This makes motorcyclists more susceptible to injuries if they are hit by a car.
2020 statistics on motorcycle accidents
According to the Insurance Institute for Highway Safety, in 2020, approximately 5,580 motorcyclists lost their lives after being involved in a collision. Of these, 30% involved a motorcyclist aged 50 or above. In 2020, 26% of motorcycle fatalities involved a rider under age 30.
Men comprised the majority of motorcycle fatalities in 2020 at 92%. Older men were especially vulnerable to being killed in a motorcycle crash. Of the women who lost their lives in a motorcycle crash in 2020, 61% were passengers on the bike.
A motorcycle accident in Kentucky can cause life-long injuries or even fatalities. When the crash is caused by a negligent driver, the injured motorcyclist may have the opportunity to take legal action. A personal injury lawsuit is a complex undertaking and one that many people choose to discuss with an attorney.]]>