4 THINGS TO KNOW ABOUT PREMISES LIABILITY AFTER BEING INJURED ON ANOTHER’S PROPERTY

The civil justice system protects the rights of the injured and the wronged by providing avenues for them to hold negligent parties accountable. If you or someone you love has been injured while on another’s property, you might have the right to recover compensation for your damages, depending on the circumstances involved. In order to do so, there are certain legal standards to be met. These standards are shaped by the legal concept of premises liability.

Personal injury cases are centered on negligence that causes injury. In premises liability cases, the same standard applies. However, it is reserved specifically for cases where victims are injured on another’s property, typically as either visitors or guests.

If you have reason to believe you might have a premises liability claim, it’s important to know a few key things:

• Premises Owners Have a Legal Duty – Most premises owners have a legal duty to take reasonable measures to make sure that their properties are safe for visitors and guests and that they are free from hazards that could cause preventable harm. Not all premises owners owe this duty to certain parties that come on their property, however, so it’s important to have your case evaluated by an attorney to make sure that a duty did exist.
• Premises Owners Can Be Held Responsible – Premises owners can be held responsible under premises liability laws if they fail in their legal duty to provide reasonably safe conditions and victims suffer injuries as a result. However, you should note that just being injured on another’s property doesn’t mean that a property owner can be held responsible or that you have a claim. In order for a claim to have merit, the conditions must have been the result of negligence, such as if a property owner knew, or should have known, about a potential danger but failed to address it.
• Your Right to Compensation – If a property owner was negligent in the maintenance and upkeep in conditions of their premises, you might have the right to recover financial compensation for your damages that resulted from your injury, including any medical bills, lost wages, pain and suffering, and more.
• Common Examples – The following examples can help illustrate premises liability and provide you with examples of situations where victims commonly file valid claims: slip and fall accidents, exposure to toxic chemicals, dog bites, negligent security leading to third party assaults, defective equipment or conditions that cause injuries, and failures to warn about dangers such as holes.

All cases are unique, and our legal team at Boswell & Dunlap LLP can help you better understand your rights and whether you have sufficient grounds to file a premises liability claim during a FREE consultation. Contact our firm today to speak with a member of our team.

Estate planning is the personal and legal process of establishing plans for how you want your estate – or the assets, property, and policies you own – to be divided upon your death. While many people think estate planning is something reserved for the elderly, it can and should be something everyone does. By creating a clear estate plan in according to your interests, you can ensure your loved ones and beneficiaries have an easier time handling legal matters after your passing, whether it’s expected or not.

At Boswell & Dunlap LLP, our estate planning attorneys have helped numerous individuals and families construct productive and legally sound plans that ensure their estate is handled according to their wishes, and that their loved ones do not have to struggle with the complexities of probate and other legal matters should they pass without a plan.

Clients who work with our estate planning team learn the importance of the legal instruments available, including wills and trusts, and benefit from experienced counsel that offers personalized and full-service support. However, not everyone understands what and how estate planning works, or why they should create one. Below are a few reasons why creating an estate plan, regardless of your age, is a smart idea:

• Passing Away without a Will – One of the most important reasons to create an estate plan is to avoid the complications, expenses, and frustration that can arise when you pass away intestate, or without a will. When this happens, your estate will may be subject to probate and be dispersed without your direction, which may including property being given to certain family members and relatives you do not want to receive your assets. When you create a will and plan, you are able to decide the details how your estate should be divided, including to whom, when, and how.
• Loss of Capacity – Estate planning tools can do more than just ensure things are handled as you wish after you pass. They can also protect you and your wishes should something diminish your mental or physical capacity to care and make decisions on your own. When you do not have a plan, the court will be tasked with appointing someone to handle your affairs. When you do have a plan, you can choose who will have this responsibility.
• Large Families – In cases where individuals have large families, especially blended families and children from prior marriages, plans can help ensure that your estate is handled as you wish. Without one, legal battles can ensue and certain members of your family may not receive what you would have wanted. Plans can also ensure younger family members or dependent relatives are taken care of after you pass.

Creating an estate plan is a smart, reasonable, and forward-thinking decision that can protect you and your loved ones. At Boswell & Dunlap LLP, we have experience assisting clients from all walks of life throughout Polk County and beyond in a wide range of estate planning matters. To learn more about how we can help, contact us today.

Many people all over the United States dream of owning a business. The idea of being one’s own boss is an essential part of the American Dream. It’s no surprise, then, that so many people attempt to start small businesses. Around 543,000 new businesses are formed each month, though only 2/3 of them survive even 2 years in operation. Of those that do survive, some small-business owners later decide to sell. Often, the decision to sell is mainly determined by tax changes, retirement, the pursuit of new opportunities, or burnout after many years of hard work. If you’re considering buying a business, which many do rather than starting one from scratch, there are some considerations to make beforehand.

YOU’LL NEED A LAWYER

Unless you’ve studied law yourself, getting a business law attorney will be an invaluable part of purchasing a business. Not only will they know the local law regarding business purchases, but they will know how buying a business will affect you at the federal tax level. Your lawyer can also examine the seller’s contract or create one for the seller to agree to. It is generally more advantageous for a buyer and seller to customize the sales contract rather than rely on a broker. Having a great business lawyer will streamline this process.

THREE TYPES OF SALE

There are three ways to purchase a small business—through assets, stock, or mergers. A merger only applies if you plan on conglomerating this new business into your existing business, creating one larger business out of two.

Most buyers prefer asset sales because they get more tax benefits. Buying a business’s assets means purchasing facilities, vehicles, equipment, and inventory. This type of sale benefits you because you’ll be able to specify exactly which assets to purchase. Also, you would only be liable for the property acquired. Any problems with the assets still owned by the seller are still the seller’s responsibility, and you avoid dealing with stockholders who refuse to sell their shares. If you buy assets, you are also not required to comply with state and federal securities laws and regulations. However, you do not qualify for tax treatments as a tax-free reorganization, meaning you might pay more taxes on the purchase.

Sellers prefer stock purchase because it’s hard for you to calculate the value of the stock in question. Once the stock is purchased, the seller is also free from tax liability. A smart buyer will make sure sellers pay any tax liabilities before the sale is complete. Some prefer stock purchases because it’s a simpler process. Unlike the transfer of assets, you do not need the stock retitled under your name. Contracts, permits, and licenses can be transferred as they are. There is also a tax benefit from the purchase of stock. If you buy stocks, you can avoid sales or transfer taxes on assets bought.

TAXES

In addition to taxes you may pay when buying the business, you may be faced with paying sales taxes the seller under-reported. If the state comes after the company for unpaid sales taxes, you will be liable for their payment if you’ve bought the business. You can ask your lawyer to get a clearance certificate from the state tax authority which ensures you’re protected from any sales taxes belong to the former owner.

Ensure you’re fully prepared before venturing into the small-business arena. Contact us at (863) 533-7117 or fill out our online form for a free case consultation with one of our experienced business law attorneys.

A legal guardian is someone appointed with the legal authority to care for the personal and property interests of another person. Legal guardians can care for seniors, minors, and/or the developmentally disabled. A legal guardian’s job is to make the financial or medical decision for the person concerned, as they are considered incapable of doing so themselves.

GUARDIANS FOR SENIORS

If you’re planning for retirement, you might also want to start planning for end-of-life situations. While you may be in perfect health and nowhere near age-related illnesses, now is the time to prepare for a time when you can no longer easily care for yourself. Some people’s families have a history of dementia or Alzheimer’s, in which case it is their responsibility to plan for that eventuality even if they remain perfectly capable of self-care for the rest of their lives. After all, you would rather over plan than leave your family unsure of how to care for you if you develop a debilitating illness. You can appoint a legal and medical guardian for yourself in your will, meaning in the event of your mental incapacitation, the guardian can make financial and medical decisions on your behalf.

Adults sometimes find themselves in the position of caring for their elderly parents without knowing how to handle financial or medical decisions. In these cases, families can decide on one person who will be the guardian of the older family member. The guardian will be in charge of managing care, shelter, finances, and treatment of the elderly individual.

GUARDIANS FOR MINORS

In the unfortunate event a child loses their parents, he or she will become a ward of the state if a legal guardian was not chosen by the parents before their deaths. Similarly to a guardian for seniors, a guardian for minors ensures the child has food, shelter, financial management, and medical care. In addition, the guardian will guarantee the child receives an education until adulthood, after which the child will legally be able to make decisions on his or her behalf. It may be difficult to think about, but if you have kids, make a will that details whom you would like to be their legal guardian until they become adults. Whether the guardian is a grandparent, a sibling, or a trusted friend, make sure your kid isn’t relegated to the foster-care system.

GUARDIANS FOR THE DEVELOPMENTALLY DISABLED

If you know your child will be unable to care for himself or herself financially or medically after reaching adulthood, you can be appointed a legal guardian of your adult child. You will then be legally able to make decisions for your child when he or she is unable to do so.

Appointing a guardian can be difficult, as it requires you to think about situations you hope will never happen. However, make sure you make the difficult decision today to spare your relatives (or the state) from having to make harder decisions for you later. To legally appoint a guardian, you will have to rely on a good attorney. Contact us to speak to a guardianship lawyer about your case. We offer free consultations.