Archive for October, 2009

We here at MyPhillyLawyer have been harping about the dangers of driving while texting or talking on a hand-held cell phone for months.  We’ve even applauded the City of Philadelphia’s efforts earlier this year to ban the practice.

Well, now it’s becoming more serious for drivers.  Starting this Sunday, Philadelphia police will start enforcing a city ordinance that bans texting and hand-held cell phone use while a driver is operating a vehicle in the city limits, according to a story in The Philadelphia Daily News. At first, through the month of November, police will only administer written warnings, but starting in December, they’ll be able to hand out tickets with a $75 fine. And that fine will grow after 10 days to $150 to $300 if you think you don’t really have to pay it, according to the paper.

Image credit: © iStockphoto.com/jabejon

Drivers who use “hands-free” headsets and microphones to talk on their phones while driving will not be in violation of the new ordinance,  according to police.

Oh and you should be aware — the new ordinance also covers anyone riding a bicycle, motorcycle, skateboard or any other kind of moving vehicle while texting or talking on a hand-held cell phone.  So beware.

This may be inconvenient to some people, and others will claim that it’s just the city looking for new ways to get money for its coffers.

But in truth, this is an ordinance that will help make our streets, highways and roads safer for pedestrians and other motorists.  Texting and hand-held cell phone use don’t have a place in our vehicles while we’re driving. Our children, friends and fellow citizens will likely all be safer due to this ordinance. Let’s all welcome it.

So, don’t forget, the rules change Sunday on the streets of Philadelphia.

Be alert.  And let’s be more careful out there.

EBay.com is certainly a great place to buy and sell stuff online, from cars to motorcycles to toys and trinkets. But have you ever read all of the pages and pages of the “fine print” in your user agreement with eBay Inc.?  I bet you haven’t, and that creates a bit of a legal quandary for you.

Did you know that in that user agreement, it says that if you have an unresolved dispute with an eBay buyer or seller that it can be taken to court? Sounds good, doesn’t it?

Well, then just keep reading the fine print because that’s where you’ll learn that the court where your dispute can be heard is in Santa Clara County, Calif., not far from eBay’s headquarters. Oh, so you live in Philadelphia? Or Trenton? Or New Hope? Too bad, say the courts.

Image credit: © iStockphoto.com/DSGpro

Several federal courts recently have ruled that this stipulation in eBay’s user agreement is a reasonable part of the agreement, according to a story today in The Legal Intelligencer. The rulings from several federal judges have been similar — that the “forum selection clause” in the eBay user agreement is reasonable because it is in the document and that it is agreed to by the user when they click to accept the terms as part of their account with eBay. That clause is simple — it gives eBay the right to designate where the legal forum for any ongoing disputes will be heard. And that designated forum location is right there in Santa Clara County.

Several plaintiffs have tried to get federal judges to rule in their favor on the matter, arguing that they can’t even open an eBay account to be able to buy or sell items if they don’t agree to the user agreement. That’s not enough of a reason to invalidate the terms of the agreement, the judges have said. So the onus remains on the users if there is a legal dispute that has to be resolved through eBay.

So what does that mean for you? Does it mean you should stop using eBay and find a new place to buy and sell things? Probably not, since all other such sites have their own similar user agreements which likely have similar forum selection clauses. What it does mean, though, is that you should always carefully and fully read such fine print in any legal contract so that you know what your rights are before you enter into an agreement.

I had a problem on eBay a few years ago. I sold a used digital camera online for $1,200.  The buyer sent an electronic payment, eBay notified me that the money had been received, so I shipped the camera to the buyer.  Two days later, the payment was reversed by the buyer but my camera was already on its way.  A series of e-mails followed, with my demanding the camera or the money back.  The buyer sent me back the camera’s box, filled with dirt, instead of my camera.  I called eBay and they eventually helped me get it resolved.  But had I had to file a dispute in court, I would have had to travel to Santa Rosa County to fight my legal battle?  All for a $1,200 claim?  Probably not.

For eBay buyers and sellers embroiled in disputes, that’s really not fair, but it’s the way the courts have ruled so far.

Buyer beware may sound overly simple, but ultimately it is very good advice.

Have you been injured in a car accident, construction accident, slip and fall accident or otherwise as the result of another’s negligence or carelessness? If so, you may be reluctant to sue.

In this video blog, Attorney Dean Weitzman of MyPhillyLawyer explains that insurance companies put money aside specifically for people who are injured. You are entitled to recover that money in order to compensate for medical bills and other financial obligations as the result of your injury. It is important to hire an experienced and competent personal injury lawyer to help you through this process.

It was supposed to be a summer of swimming and fun for a group of  56 African-American and Hispanic children from a  Northeast Philadelphia daycare center who were to head regularly to a private swim club in the Montgomery County suburbs to beat the heat.

Image credit: © iStockphoto.com/paulprescott72

Instead, their first visit turned ugly on June 29 when some of the children reported to their chaperones that they overheard verbal racial slurs and ugly comments from some of the other people at the swim club that day.  What happened is still being investigated for possible lawsuits by some of the families,  but recently the Pennsylvania Human Relations Commission ruled that the campers were indeed victims of racial discrimination at the Valley Club in Huntingdon Valley, according to a story in The Philadelphia Inquirer.  One family filed a complaint with the agency on behalf of their child after the incident.  The swim club refunded the $1,950 that the daycare facility paid for what was to be a once-a-week summer contract and told the day care operators that the children couldn’t come back for safety reasons because there were too many kids using the pool at one time.  The swim club also said the day care group could not return because their presence was causing “financial concerns from members requesting the return of their membership fees” due to the attendance of the children,  according to the Human Relations Commission’s report.

In its 33-page ruling, the Human Relations Commission found that “probable cause exists” to show that the swim club denied the children the use of its facilities because of racial discrimination.  The  report noted that the swim club had no African-American members this year or last year.  Also, the report stated, the swim club “made a concerted effort to expand the geographic range of its membership by engaging in a marketing campaign” this year but that those efforts “were mainly directed at areas with overwhelmingly Caucasian populations.”  The club failed to “direct such marketing efforts at areas with significant African-American populations,” the report said.  In a nutshell this club engaged in a concerted practice of racial discrimination.  As a result, they have hurt many, including 56 innocent children.  And that’s no laughing matter.  Now it’s time to right their wrongs.

The swim club was ordered by the agency to pay a $50,000 civil penalty for discrimination to the Commonwealth of Pennsylvania, as well as other damages to the family that filed the complaint.  The case will likely be appealed, and could even be expanded to the other children who were affected.

But beyond that, the message of this case is crystal clear — racial discrimination is against the law and if you feel you are being discriminated against, then it’s time to get legal advice from a lawyer to protect your rights.

No one should be discriminated against by anyone because of the color of their skin.

That’s human decency and that’s the law.

In a recent article, William Bender of the Philadelphia Daily News reports on the atrocity of disabled adult abuse. He rightly points out that Pennsylvania is one of only five states that have no abuse investigation law protecting these vulnerable citizens. As a result, abusers at group homes and other disabled care facilities can simply walk away with little or no repercussions if the victim does not or cannot testify against them.

This needs to stop.

By failing to advocate for mentally disabled adults, we are failing to care for a large part of our population – a population that does not have the mental capacity to care for itself. We assume that if you’re not too young and you’re not too old, then you should be able to stand up for your rights and protect yourself against others. But the truth is, these people can’t and we need to do it for them.

Some of the problem is that disabled adult abuse is widely under reported. When someone is abused, their emotional pain does not fade away with the bruises and scars. It remains inside and can cause a person to withdraw. Combined with the fact that some disabled adults cannot effectively communicate their thoughts and feelings, the abuse can go on for years without proper attention.

As a personal injury law firm in Philadelphia, MyPhillyLawyer gets calls from people who recognized signs of nursing home abuse or financial abuse of their aging parents and want to know their legal options. Regardless of whether they have a case, we praise their proactive efforts and that they spend enough time with their loved ones to recognize something is wrong.

If you have a disabled child, friend or sibling, you should do the same. Visit him or her often and pay attention to signs of physical and verbal abuse and neglect. Report any strange bruising and ask intuitive questions if a loved one refuses to talk.

Perhaps most importantly, be proactive about talking to your representatives and demanding the legal protection of your disabled loved ones. The Pennsylvania legislature has an opportunity to make a difference in the lives of others. Now it’s time for us to take action and make sure that it does so.

Read the full article on disabled adult abuse.

If you have been injured in a car accident, construction/work-site accident, slip and fall accident, or another accident caused the negligence of another, you may want to file a personal injury claim. But how much will this cost you?

The simple answer is: nothing. You will not pay any attorney fees unless MyPhillyLawyer recovers compensation on your behalf.

In this video blog, personal injury lawyer Dean Weitzman explains what it means to accept cases on a contingency fee basis. He gives reasons why you have nothing to fear concerning the cost of filing a personal injury claim.