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KEVIN PAUL CHILDERS, P.C.
Structured Settlements: An Overview There are numerous legal situations in which a person may receive a large sum of money through a court award or settlement. Often arising as compensation for personal injuries or other acts, most such payouts are reduced due to some or all of the following costs often associated with legal More... “Dram Shop” Liability for Damages Studies have shown that at least 40% of all traffic fatalities are alcohol related. In addition, each year billions of dollars in damages are precipitated by drunk driving. In many states, the driver and the seller or provider of the alcohol may share liability for these damages. More... Liability of Franchisers in Agency Relationships The key factor in determining whether a franchiser is liable for it’s franchisee’s acts towards patrons is whether an “agency” relationship exists. An agency relationship exists if the franchiser has almost complete control over the way the franchisee runs its business. Typically, under the franchise contract, the franchiser controls More... Defense of Property In most states, individuals generally have the right to defend themselves from unlawful physical force. An analogous extension of this right of self-defense is the right to protect property from trespassers. This right may relieve a property owner of liability for actions that would otherwise be considered either an actionable tort More... General Partner Liability for Acts of Other Persons General partnerships are legally recognized entities, with a separate identity and existence. Creation, regulation and characteristics are commonly defined and controlled by state law and may vary. However, despite such variations, many states have adopted common provisions of the Uniform Partnership Act (UPA). Unlike entities such as corporations, general More... |