DunbarMonroe, PLLCDunbarMonroe, PLLC2026-05-19T07:21:10Zhttps://www.dunbarmonroe.com/feed/atom/WordPress/wp-content/uploads/sites/1102882/2022/10/cropped-favicon-dunbar-3-32x32.jpgOn Behalf of DunbarMonroe, PLLC<![CDATA[How to keep a retail floor space safe for customers in winter]]>https://www.dunbarmonroe.com/?p=504682023-10-31T19:26:05Z2023-10-31T19:26:05Zshop floor safe during the winter months helps prevent slip and fall accidents.
Clear snow and ice regularly
Regular snow and ice removal must be a focus. Before your shop opens, shovel snow from the sidewalks and parking areas, and apply ice melt or sand to prevent slipping. Consider a snow removal service for larger areas.
Maintain adequate lighting
Proper lighting is essential for visibility. Ensure all outdoor and indoor lighting is in good working condition. Well-lit areas help customers and employees navigate safely, especially during those long, dark winter nights.
Use slip-resistant mats
Place slip-resistant mats both inside and outside entrances. These mats can help absorb moisture from wet shoes and provide a textured surface that reduces slipping.
Monitor and manage wet floors
It is easy for customers and employees to track in moisture during winter. Assign staff to keep an eye on wet areas and promptly mop up any spills or puddles. Use caution signs when floors are wet to alert customers.
Designate snow-free zones
Create areas where customers and employees can safely remove snow from their shoes or boots. Provide convenient and secure places for umbrellas and wet coats, so dripping water doesn't spread throughout the store.
Train staff
Educate your staff about winter safety. They should be aware of safety procedures, know how to respond to wet floor reports and understand the importance of keeping walkways clear.
Provide adequate signage
Use clear, visible signs to communicate safety guidelines to customers and employees. Warn of slippery floors, wet conditions and any areas that require caution.
Maintaining a safe retail shop floor during the winter months requires vigilance, preparedness and a proactive approach. By implementing these safety measures, you can create a secure shopping environment for your customers and provide your employees with a safe and comfortable workplace.]]>On Behalf of DunbarMonroe, PLLC<![CDATA[Will the government require speed limiters for trucks?]]>https://www.dunbarmonroe.com/?p=504562023-09-25T19:08:16Z2023-09-25T19:04:41ZFederal government involvement
The Federal Motor Carrier Safety Administration (FMCSA) is one such group. The agency has long supported the notion that the best way to reduce tragic trucking accidents is to better control the truck’s speed. One way to achieve this goal: speed limiters.
A speed limiter is a device placed within the engine. It uses a series of sensors to communicate information to the engine’s computer. It can have a predetermined top speed and, once activated, can keep the vehicle from going at or over that speed.
The FMCSA states that speed limiters will greatly reduce these tragic accidents. It supports this argument by pointing to data that connect speeding with trucking accidents, noting 20% of fatal trucking accidents happen when the speed is 70 to 85 miles per hour.
Lawmakers push back
Not everyone agrees. Rep. Josh Brecheen from Oklahoma introduced a law that would block these efforts. The proposal, known as the Deregulating Restrictions on Interstate Vehicles and Eighteen-Wheelers (DRIVE) Act, would stop the government from requiring trucking companies have a speed limiter within their trucks.
Those in favor of the DRIVE Act argue that having a vehicle unable to freely adjust to the flow of traffic is far more dangerous than traveling at the speeds noted above.
Future unknown
The bill is a proposal currently under committee review; the regulation is still under discussion. Neither have passed. We will provide updates as they become available. Regardless, the discussion serves as an important reminder of the ever-evolving landscape of regulations that impact the trucking industry. Trucking companies can help to protect their reputation and business interests by staying up to date on these discussions and making changes as necessary.]]>On Behalf of DunbarMonroe, PLLC<![CDATA[Possible defenses for claims of construction defects]]>https://www.dunbarmonroe.com/?p=504532023-09-12T01:33:15Z2023-09-12T01:33:15ZLack of notice
Contracts typically require the claimant to notify the responsible party promptly upon discovering any issues, and failing to do so may weaken the claimant's case. To assert this defense, the defendant must demonstrate that the claimant failed to provide timely notice of the alleged problem.
Acceptance of work
If the claimant accepted the construction work as complete and made final payments without identifying any defects, the defense can argue that the claimant waived their right to seek damages. This defense relies on the idea that the claimant approved the work as satisfactory.
Contractual provisions
Many construction contracts include provisions that allocate risk and specify dispute resolution mechanisms. The defense can rely on these contractual provisions to argue that the claimant should follow the agreed-upon process for addressing defects, such as mediation, before pursuing litigation.
Contributory negligence
In some cases, the claimant's actions or negligence can contribute to the defects that led to damages. With the contributory negligence defense, the claimant's own behavior played a role in causing or exacerbating the issues, thereby reducing the defendant's liability.
Substantial completion
In some cases, the defense may argue that the construction project was practically complete, meaning that it was suitable for its intended use despite minor defects. This defense emphasizes that the defects did not prevent the project's functionality or safety.
Causation
It is also possible for construction companies to challenge the causation between the alleged defects and the damages claimed by the plaintiff. In this case, evidence would need to show that the defects did not directly cause the damages in question.
According to Arcadis, the cost of construction litigation in North America amounted to $37.9 million in 2020. Because the stakes are so high, construction businesses must utilize a solid legal defense to mitigate the accusations against them.]]>On Behalf of DunbarMonroe, PLLC<![CDATA[3 common restaurant litigation claims]]>https://www.dunbarmonroe.com/?p=504512026-05-19T06:56:47Z2023-08-10T20:08:01Zlawsuits seem frivolous and often get dismissed, others come with more severity that requires the right defense. Three of the most common reasons people sue restaurants include:
1. Slip, trip, and fall incidents
Regardless of the industry, slips, trips, and falls lead to millions of hospital visits every year. For restaurant owners, an injury inside or outside the restaurant may provide the injured person with legal grounds to sue. Inside the restaurant, a spill not cleaned up or uneven surfaces may lead to a fall. Outside, poorly lit walkways and parking lots increase the chances of an incident.
2. Foodborne illnesses
In the hospitality industry, safety takes the top rank of concerns. Bad food will quickly take down a restaurant. That only worsens if the food leads to a foodborne illness. With so many safety recalls of produce and other products, it creates additional challenges for restaurant owners in ensuring fresh, clean, and safe food gets served.
3. Alcohol-induced altercations
Any establishment that sells alcohol faces a range of potential issues. If an overserved patron starts a fight, the victim may not only sue the aggressor but also the restaurant.
While restaurant owners would like to focus on providing the best food and service around, they also need to take steps to avoid a liability lawsuit.]]>On Behalf of DunbarMonroe, PLLC<![CDATA[Common product liability defenses]]>https://www.dunbarmonroe.com/?p=504482023-07-07T22:39:59Z2023-07-07T22:39:59Zmanufacturing defects can help you if you own a business.
Unrelated injury
Sometimes, the injury does not relate to the specific product. This defense works if a business can show that the injury was not related to using the product or was a preexisting condition.
Product liability waivers
A product liability waiver is a document that a person has to sign or acknowledge before they use the product. This means that a consumer uses the product at their own risk.
Examples of these exist in many forms. One of the most common is the terms and conditions of computer or device software.
If the consumer agrees to it, they cannot sue directly. Instead, they have to submit to binding arbitration. A neutral party hears the case and determines liability in a confidential setting.
Contributory negligence
Contributory negligence implies that the consumer made a mistake while setting up or using the product. This reduces or eliminates the manufacturer's liability.
Altered product or intended use
When a consumer alters a product, it shifts the liability of use to another party or the consumer themselves. Altering a product after it leaves the manufacturer can result in significant injury. This also applies if the consumer does not use the product for its intended purpose.
Assuming risk
If there is some obvious inherent risk in using the product, it can reduce liability. An example of this is sports equipment.
Many of these defenses also work for services a business renders.]]>On Behalf of DunbarMonroe, PLLC<![CDATA[Types of business disputes and solutions]]>https://www.dunbarmonroe.com/?p=504432023-06-14T17:55:44Z2023-06-14T17:55:44ZCommon reasons for a dispute
Whether a small or large company, a host of situations may lead to a disgruntled shareholder or business owner. Even a small miscommunication has the potential to create a high-stress situation. Some of the most common reasons for a dispute include:
Compensation inequalities among shareholders
Breach of contract
Intellectual property infringement
Gross negligence
While these often top the list, a number of other reasons may also contribute to dispute. Considering that a person or persons have deadlocked on a topic, it makes finding a solution challenging.
3. Potential dispute solutions
Regardless of the reason, communication remains the key to figuring out the core cause of the issue. In many cases, a simple discussion may clear the air. Unfortunately, especially when it involves high stakes, the parties involved simply cannot reach an agreement. When that happens, other ways to resolve the situation may include involving a mediator, offering a buyout or filing a lawsuit.
If the best solution involves legal action, it means added complexities. Making preparations, such as having a USPAP-certified independent valuation completed and getting all documentation in order, may help ease the process.]]>On Behalf of DunbarMonroe, PLLC<![CDATA[Common types of construction litigation claims]]>https://www.dunbarmonroe.com/?p=504082023-05-06T20:14:08Z2023-05-06T20:14:08ZConstruction defects
One of the most common types of construction litigation claims is construction defects. These claims can arise from issues such as faulty design, poor workmanship or the use of defective materials. Construction defects can result in significant damage to the property and can lead to costly repairs. Defending against defect claims requires a thorough understanding of the construction process and the ability to assess the cause and extent of the alleged defect.
Delay claims
Another common type of construction litigation claim is a delay claim. These claims can arise from construction projects taking longer than anticipated, resulting in financial losses for the owner. Contractors may defend against delay claims by demonstrating that the delay was beyond their control, such as weather conditions or unforeseeable circumstances.
Breach of contract
Breach of contract claims can arise when one party fails to fulfill their contractual obligations. In construction, these claims often relate to the quality of the work performed, adherence to the construction schedule or payment issues. To defend against breach of contract claims, contractors may need to provide evidence that they fulfilled their contractual obligations or that factors beyond their control caused the breach.
Contractors must take steps to prevent these types of claims from arising, such as implementing quality control measures, adhering to construction schedules and ensuring clear and detailed contracts. If you are facing litigation, it is crucial to research Mississippi law to build a proper defense.]]>On Behalf of DunbarMonroe, PLLC<![CDATA[Protecting your trucking business: Navigating personal injury claims]]>https://www.dunbarmonroe.com/?p=504042023-04-04T20:15:10Z2023-04-04T20:15:10ZUnderstanding Mississippi's legal landscape
The first step in defending against a personal injury claim in Mississippi is to familiarize oneself with the state's legal landscape. Key areas to consider include:
Mississippi's negligence laws: The state follows a pure comparative negligence system, which means that even if a plaintiff is partially responsible for their injuries, they can still recover damages, though the award will be reduced by their percentage of fault.
Statute of limitations: In Mississippi, a personal injury lawsuit must be filed within three years from the date of the accident.
State and federal regulations: Ensure compliance with all relevant state and federal regulations governing trucking operations, as violations could weaken your defense.
It is important to understand how Mississippi's laws and regulations apply to trucking companies and personal injury cases, as well as the potential consequences of a successful claim.
Gathering crucial evidence for your defense
In order to build a strong defense against a personal injury claim, it is essential to gather and preserve all relevant evidence. This information can help demonstrate that the trucking company took all necessary precautions to ensure safety and that the accident was not due to the company's negligence.
Collect the driver's logs, employment records, and training certifications to show that the driver was qualified and complied with all regulations. It is also important to provide documentation of regular vehicle inspections and maintenance to prove that the truck was in proper working condition at the time of the accident.
Defending against a personal injury claim in Mississippi can be a complex process, but trucking companies can effectively protect their interests and maintain their reputation in the industry.]]>On Behalf of DunbarMonroe, PLLC<![CDATA[Options for defending your restaurant against slip and fall claims]]>https://www.dunbarmonroe.com/?p=504012023-03-08T20:09:56Z2023-03-08T20:09:56ZA reasonable effort to maintain safety
One key element of slip and fall liability is proving a breach of duty. That indicates that you, as the business owner, knew of the hazard and failed to address it in a reasonable and timely manner. If you can show a reasonable effort to keep your restaurant safe, that may help you contest the claim.
No direct causation
If the situation that led to the slip and fall injury was not a direct result of an action by one of your employees, you might contest the claim on the grounds of insufficient causation. For example, if the hazard resulted from the actions of another customer immediately before the accident, your business is not liable.
No reasonable person could foresee the hazard
In another case, your business could fight the claim on the grounds that no reasonable person could foresee the risk or hazard that led to the injury. If the situation resulted from something completely unpredictable and unexpected, there might be no liability.
Your restaurant’s property liability risks can prove costly if you fail to protect your interests. Understanding how to defend against slip and fall injuries is an important part of that protection.]]>On Behalf of DunbarMonroe, PLLC<![CDATA[Defense strategies for insurers hit with trucking accident claims]]>https://www.dunbarmonroe.com/?p=503992023-01-28T03:21:52Z2023-02-01T03:21:02ZThe other motorist did not file in time
One of the first things for insurance companies to look at when they receive a claim is when the accident took place. Most states have a time limit on how long motorists have to seek compensation for an accident, and once this limit passes, the defense is pretty cut and dry.
There is not enough evidence
Many accidents need a witness or photographic evidence to help prove who was at fault for a collision. It can be easy for people to assume that the larger vehicle is the vehicle at fault for the accident. However, if there is insufficient evidence of this, it may be a reason not to proceed with the insurance claim.
The other motorist had some wrongdoing
In many accidents, both drivers contribute to a collision. Discovering the wrongdoings of the other motorist can help the insurance company lower the amount of compensation the trucking company owes, if not dismiss the claim completely.
Knowing how to defend and dismiss trucking accident claims enables insurance companies to seek fair treatment for trucking enterprises.]]>