Cyber Criminal

It is a fairly common experience – you or someone you know is walking through a store or other business when something on or about the floor causes a slip or trip and fall accident. In California, when the condition causing the fall and injuries results from the carelessness of the business owner, the victim has a right to compensation. This is generally known as the law of “premises liability,” and it has long been recognized in California and throughout the country.

Generally, a business owner or operator is held liable for a dangerous condition when they know of it and fail to remedy the condition or warn patrons, or if they should have known of the condition by way of reasonable, regular inspections of the property. The law considers this knowledge crucial to imposing liability, and the “notice” may be actual or constructive. When a property owner is the party who creates the danger then they are presumed to have “actual notice” of the dangerous character from the moment of creation. For example, when a retailer installs a handicap access ramp that does not comply with the Uniform Building Code and an accident results, the retailer is ordinarily liable for all of the damage that follows. It need not be proven that the retailer was aware the ramp was not in compliance with the law as this will be presumed.

When a dangerous condition is not created by a business operator or even their employees, they may still be held accountable if there was “constructive notice” of the danger. That constructive notice occurs when the condition existed for such a length of time that it should have been discovered on reasonable inspection. When liquid spilled on a floor is allowed to remain for an extended period of time, an accident occurring on the property is then the fault of the property owner. The proof as to how long the danger existed will usually stem from its condition. Where a spilled liquid is partially dried, has footprints or tracks through it or was witnessed well before an accident, it is likely a sufficient amount of time passed to impose constructive notice. The failure to discover and remedy the dangerous spill is what leads to the property owner being found liable for an accident.

Perhaps one of the most common mistakes a business operator will make is in the failure to warn people coming onto their property of a danger that may be unavoidable. By their very nature some businesses are inherently dangerous, and warnings should be posted to make others aware of this fact. Sometimes dangerous chemicals are used or liquids are spilled regularly such that the obligation of the business is to warn and not necessarily to remedy the situation. For example, if a pool operator knows a particular area of the pool deck is commonly wet and very slippery, a failure to warn patrons of that condition may result in liability. Where a potentially hazardous chemical is used, it would be negligent for a business owner not to warn people coming near the danger, especially if it could not otherwise be detected.

Finally, even where an injury or harm is caused by a third party, not the property owner, the law may impose liability on the business. When a bar owner knows of a dangerously violent patron and fails to take steps to protect others on the property, the bar owner may be held liable if an assault occurs. This is true no matter what type of business is being operated, so long as the operator knows or should have known of the violent propensity of a patron and failed to act.

Every premises liability case is unique and the potential causes of harm endless. An experienced trial attorney can help you find your way through the facts and the law to reach a fair result.

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Recognizing The Signs of Fraud

Financial scams have been on the rise around the world, and unfortunately, have been rising in sophistication. Fraud was introduced to the Internet most notably by the Nigeria 411 scams, i.e. advance fee fraud. That was then, this is now.

Scammers today are using worldwide access to the Internet to their advantage. Accounts such as webhosting a new website, bank and credit accounts can now be easily opened on the Internet, from any location. Having some false identification gives the scammer the upper hand here, as he has essentially created an alias with little, if any, traceable information.

The False Website Approach

Many financial scams are taking the form of the classic advance fee fraud, but with a higher level of sophistication and tactics. Websites are often created with templates or a design is stolen from another reputable and legal investment company. Once the site is complete, the criminal has created what appears to be a legitimate website and company. The headquarters for these fictitious firms are often located in the United States, so the website claims. These sites are mearly a tool for fraud.

How to distinguish a real investment website from a fraudulent one? Search Google and Yahoo for the company to determine if there are other sites referencing the firm. Check the site itself to see if the firm has contact information. A website without an address or phone number is a red flag for potential fraud or scam. Search phone directories for the firm’s telephone number. Lastly, check with the SEC’s website for signs on how to recognize these investment scams, and to verify registration of the firm.

Knowing the Signs of Fraud

Although the level of sophistication in these scams continues to rise, an educated consumer can know the difference. Scammers today always contact their victims with an offer - the potential victim has been selected. The firm representative may speak perfect English, and even understand investments and asset management. He may even request you submit an IRS form and other documents. Bottom line, this person will request personal data and/or payment promptly and without ever meeting you. Be skeptical and ask for the firms’ references and SEC filing.

Getting Verification

If you’ve searched the Internet for references, checked local phone listings, maybe even contacted the SEC for verification, and spoke with company representatives and claimed references - and you’re still not sure? Contact a professional investigation company, like Wymoo International or Philippine PI for help. Get the facts on who your dealing with - then decide.

All the Best,

S. Birch

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