PERSONAL INJURY: NUDIST RESORT

My friend and the McGill Law Office’s great ad hoc partner Rod Sisson called me from Anchorage.  He wanted to know if I would like to join him in representing an Alaska resident who was terribly injured at a nudist resort in California.  Of course, I asked Rod to tell me more.

When someone is injured as a result of a defect in the safety of a building or as a result of an unsafe condition on someone’s land, this is generally called a “premises liability” case.  The McGill Law Office has, over the years, prosecuted many premises liability cases for clients who have been seriously inured on someone else’s property.  You might even categorize the case just previously reported, where city workers were burned in a gas explosion, as a premises liability case.  We have represented clients in premises cases in many different settings, from an open-air mall in Hawaii to a residential deck with a railing that collapsed in California.  Rod’s call, identifying the premises in question as a nudist resort, described a unique setting to be sure.

"The lighting of the stairway was old and not adequate and the safety railing was not accessible because it was overgrown with unpruned shrubbery."

Our client suffered terrible injuries.  He required four surgeries.  Even with these surgeries, he ended up with a permanent disability and the expectation of pain for the rest of his life.  His resulting disability meant that he had to give up his former occupation.   Our client was severely damaged, physically, psychologically and economically.  

It didn’t really matter that this case occurred at a nudist resort although that was certainly an attention grabber.  Our client fell at twilight while descending an outdoor stairway, returning from the resort’s swimming pool to his cabin.  It should have been expected that guests would be bare footed or wearing flip flops when using these stairs coming form or going to the pool.  The lighting of the stairway was old and not adequate and the safety railing was not accessible because it was overgrown with unpruned shrubbery.   Our client’s foot twisted a bit on the uneven surface of on of the steps.  No railing to be seen meant that he could not recover his balance.  Down he went, all the way from the top of the long stairway to the very bottom.

"Because we prepared so well and because we were clearly ready for trial, our client received just compensation before the first juror was seated in the jury box."

Rod and I were successful in this case because we thoroughly prepared.  Medical experts could testify about the injuries and the surgeries, from the first just after our client’s admission to the hospital by way of the emergency room, to the last that could not avoid a permanent disability and perpetual pain.  We engaged a team of other than medical experts.  For us, representing clients in personal injury cases is not mass production.   We did the individualized work that we knew from long experience with success was necessary to get the very best result.  To help us achieve the justice that our client deserved, in addition to medical experts,  Rod and I engaged a premises expert, a recreational facilities expert, an economist and a bio mechanics expert.  With our experts, we conducted site inspections and we took the depositions of witnesses.  Because we prepared so well and because we were clearly ready for trial, our client received just compensation before the first juror was seated in the jury box.

If you, or someone whom you know has been injured because of the actions or inactions of another person or entity, it is important to act fast to preserve the evidence and to prepare the case.   Insurance companies and those responsible for injuries do not pay compensation out of the goodness of their hearts.  They pay compensation because of hard evidence of wrongdoing, because of the thorough preparation of the McGill Law Office and because of our evident determination to do all that is necessary to achieve just results for our clients.   There is never a fee to consult with Ed McGill about a personal injury case and no fee at all unless and until compensation is paid by the wrongdoer or the wrongdoer’s insurer. 

Content prepared by Edmond McGill. © Edmond McGill, 2015

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This message and the information presented here do not create or evidence an attorney-client relationship nor are they intended to convey legal advice or counsel.  You should not act upon this information without seeking advice from a qualified lawyer licensed in your own state or country who actually represents you. In this regard, you may contact The McGill Law Office and then representation and advice may be given if, and only if, attorney Edmond McGill agrees to do so in a written contract signed by him.

PERSONAL INJURY: METHANE GAS EXPLOSION

The old dump was just next to the city’s property where a big storm water drainage vault was located.  The dump was in the process of being closed.  It was to be sealed and capped and prepared as a building site for a large commercial enterprise.  Elaborate and careful engineering was required to close the dump properly and, with the help and advice of geotechnical engineers, a state of the art surface water drainage system was installed by contractors hired by the dump site owner and its development company for that purpose.  This surface water drainage system was tied into the city’s conduits that led directly to the vault that the city workers were struggling to open.  When they could not get a bolt loose on the grate covering the vault, the city workers applied a power wrench.  The wrench generated a spark and the spark ignited the methane gas that had accumulated and settled deep in the concrete vault.   

As organic material decomposes in a dump-site methane gas is produced.  Sometimes there is so much of this gas that dumps actually sell it for energy use.  In this case the methane gas migrated into the dump’s new surface water drainage system and, from there, into the city’s conduits and down into the depths of the vault where the power wrench generated the spark that ignited the gas in an explosion that severely burned two city workers.

"When the case came to Ed McGill, he realized immediately that these workers were entitled to much more."

You might think that city workers who were blown up and severely burned in an explosion while they were on the job would be limited to the relatively moderate benefits provided by the city’s workers compensation program.   After all, they were on the job and workers compensation insurance is designed to compensate workers who are injured on the job. When this case came to Ed McGill, he realized immediately that these workers were entitled to much more.  Even though they were injured on the job, the workers’ injuries were caused by the dump site  owner, by the engineers and by the contractors working to close the dump site.  It was they who planned and built a surface water drainage system without ensuring that it did not carry dangerous gas into the city’s vault.  Claims and lawsuits against parties other than the employer are not barred by the usual exclusivity of workers compensation coverage.

The workers were treated at the hospital with the best burn center in the area.  Their treatments, including painful debridement and skin grafts were long and painful.   Because Ed McGill recognized that these workers were not limited to workers compensation benefits, all of the other responsible parties were sued and the workers received money compensation many many times greater than any worker’s compensation award.  Reimbursement money for the workers compensation benefits might normally have to be paid from the proceeds of the lawsuit.  Because Ed McGill effectively argued that the city’s negligence in failing to train the workers to test for gas disallowed the city from obtaining that reimbursement, this money was kept by the workers.  

"Forty years of experience in the courtroom and a reputation for achieving great results with juries gives Ed the credibility that leads to the result of clients being fully compensated even without a trial."

Individual attention to cases and to the needs of Ed’s clients are the conditions necessary for the best results.  This case was settled “on the courthouse steps” just as a jury trial was to begin.  If the defendants and their insurers had not pooled their resources to offer very large amounts of money compensation, Ed McGill was ready, willing and able to bring the case to the jury.  Forty years of experience in the courtroom and a reputation for achieving great results with juries gives Ed the credibility that leads to the result of clients being fully compensated even without a trial.  Defendants and their insurers, confronted with Ed’s meticulous and thorough preparation, his willingness to try cases and his reputation for results in trial surrender to the inevitable and fully compensate Ed’s clients.  

If you, or anyone whom you know, has been harmed as a result of the actions of another, give Ed McGill a call. Remember, there is no charge to discuss the case and never any fee in a personal injury case unless and until a recovery is made from the person who caused the harm or from that person’s insurer.

Content prepared by Edmond McGill. © Edmond McGill, 2015

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This message and the information presented here do not create or evidence an attorney-client relationship nor are they intended to convey legal advice or counsel.  You should not act upon this information without seeking advice from a qualified lawyer licensed in your own state or country who actually represents you. In this regard, you may contact The McGill Law Office and then representation and advice may be given if, and only if, attorney Edmond McGill agrees to do so in a written contract signed by him.

PERSONAL INJURY: INTRODUCTION

Photo by Keith Brofsky/Photodisc / Getty Images

City workers are blown up and severely burned in an explosion caused by methane gas migrating from a nearby dump.  A poorly maintained stairway causes a man to take a terrible fall at a nudist retreat.  A young woman is never seen by a doctor at a medical clinic and suffers severe brain damage as a result of a blood clot that a doctor certainly would have diagnosed.  A deck railing collapses, launching a man down to a terrible encounter with the concrete slab below.   An automobile safely stopping at a traffic signal is rear-ended at high speed causing the driver to suffer serious spinal injuries of the neck and back requiring surgery and a long period of rehabilitation.  

"Our aim is to obtain the highest possible money compensation for each and every client we represent."

We don’t do a high volume personal injury practice at the McGill Law Office.  You will not see our services for personal injury clients advertised on late night television.   Each case, each personal injury client of the McGill Law Office is given close attention and individualized services.   Our aim is to obtain the highest possible money compensation for each and every client we represent.  

Our highly individualized services require outputs of energy, time and resources that are not really possible in a high volume personal injury practice.  Our clients are kept informed at every step of the process.  Our clients are the decision makers in their cases and we believe that they must understand the process and be fully informed in order to make good decisions about their cases.  With our adversaries, often insurance companies and their lawyers, we are amiable but very aggressive and absolutely relentless and persistent.  They know that we will take the time, spend the resources and apply the energies necessary to get our clients the very best results.

Up next, I will write a little more about each of the real cases touched on in the first paragraph.  

A sad reality of our lives is that people are injured and killed as a result of the wrongful acts of other persons or institutions.  If you know of anyone in these circumstances who might need the services of the McGill Law Office, Edmond McGill will be happy to take the call.  There is never any charge for such a phone conference and anyone calling need not feel committed at all.   When we and a new personal injury client have agreed to go forward with a personal injury case, there is no need for the client to worry about attorney’s fees as the case moves forward.  There is no fee unless there is a recovery for the client and all fees, in personal injury cases, are taken from the recovery at the end of the case and not paid by the client as we go along.

Content prepared by Edmond McGill. © Edmond McGill, 2015

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This message and the information presented here do not create or evidence an attorney-client relationship nor are they intended to convey legal advice or counsel.  You should not act upon this information without seeking advice from a qualified lawyer licensed in your own state or country who actually represents you. In this regard, you may contact The McGill Law Office and then representation and advice may be given if, and only if, attorney Edmond McGill agrees to do so in a written contract signed by him.

INTERNATIONAL... CUSTODY

Just what does actress Kelly Rutherford have in common with a California company mining gold in Alaska?  Read on and see how George Washington’s caution about “foreign entanglements” applies to both.

Gold Rush, LLC, a California based prospecting and treasure hunting company, is being threatened with suit in New York for defaulting on a loan from Empire Bank.  The loan was made to purchase the specialized gold mining equipment ordered from Walkabout Digs, an Australian Company that had the equipment manufactured in China by Ling Solutions, Ltd.  The equipment was delivered directly to the waterfront land in Alaska were Gold Rush leases mineral rights.  Walkabout has a standing relationship with Empire Bank and requires that all financing arrangements made by US companies for the purchase of its Chinese manufactured equipment be made through this New York bank. Gold Rush contracted with Golddiggers, Inc. to do the actual mining in Alaska.

Golddiggers’ workers say that the equipment doesn’t work.  Walkabout and Ling say that Golddiggers’s workers were incompetent and do not know how to use the equipment.  Walkabout’s friendly bank in New York says that it does not care.  It just wants to be paid. Will there be lawsuits all over the world? Will the law of New York apply or the law of China or the law of California or Alaska’s law? How will a court’s order from one country be enforced in another?  You just wanted the gold.  Oh, what a mess.

"Actress Kelly Rutherford is learning all about the complications of disputes that involve multiple jurisdictions, domestic and foreign."

Ah, but this is nothing compared to other complicated and heartbreaking multi-jurisdictional disputes involving the children of disputing parents who are citizens and residents of different countries.  When Irene from Seattle marries Philip from Paris or Henry from Philadelphia marries Olga from Saint Petersburg, bliss is followed by children and then, sometimes, children are followed by international marital warfare.

Actress Kelly Rutherford is learning all about the complications of disputes that involve multiple jurisdictions, domestic and foreign.  More precious than gold are the objects of contention in her court cases in California and New York.  The bi-coastal court fight has already bankrupted Rutherford and, now, courts in both American states disclaim jurisdiction over the children because they live primarily with their father in the little country of Monaco.  A next round will have to be brought expensively in European courts.  

"While her children are visiting under the joint custody order issued by a Pennsylvania judge, Olga refuses to return the children to Pennsylvania and seeks an order from a Russian court giving her sole custody."

Irene, who married Philip, appears in a French court waiving the order from an American court giving her custody of her children who were spirited out of the United States by their father.  While her children are visiting under the joint custody order issued by a Pennsylvania judge, Olga refuses to return the children to Pennsylvania and seeks an order from a Russian court giving her sole custody.  Is that order from the Pennsylvania judge going to fly in Russia?  Oh, for a dispute over gold mining equipment!

It certainly is a smaller world in our modern times. Business deals and personal relationships bridge across continents and oceans from state to state and from nation to nation.  But whether you are mining gold in Alaska with Chinese machinery purchased from an Australian company or forming families with Peggy Sue from Tennessee and Hans from Salzburg, you are subject to the tangles, contradictions and competitions from courts in different places with different laws and different loyalties.  

So whether you are a California prospecting company seeking glittering fortune in the far north of Alaska or an American actress fighting for custody of her children in California, New York and Monaco, be advised that you may find yourself in a tangle of competing courts, thousands of miles apart, applying different laws, protecting different interests and ordering different solutions.

© 2015 Edmond McGill

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Facts, including the names of the companies, related to gold mining in Alaska are fiction and neither this part of the narrative nor the fictional companies should be confused with actual companies or their businesses.

This message and the information presented here do not create or evidence an attorney-client relationship nor are they intended to convey legal advice or counsel.  You should not act upon this information without seeking advice from a qualified lawyer licensed in your own state or country who actually represents you. In this regard, you may contact The McGill Law Office and then representation and advice may be given if, and only if, attorney Edmond McGill agrees to do so in a written contract signed by him.

SERVICE DOG FRAUD - GREATER ENFORCEMENT NEEDED

Does my dog comfort me? Most definitely. Does she, in a sense, guide me? I believe so. Does she serve me as not only a loyal pet, but a confidant, friend and companion? Yes. But, is Luna a service dog? No.

She’s lovingly licked my tear-stained cheek in times of grief, growled at strangers (pizza delivery guys) lurking at our door, eaten our tax forms, and filled our lives with an undeniable joy since we brought her home approximately six months ago. I inarguably feel better when she is around which is why we run together, watch TV together and play on the beach together. Yet still, a small black labrador who holds more resemblance to a child in our life than an animal, is just that, which is why we stay true to the law in acting as her owners.

"Fraudulent service dogs impact the human beings with disabilities whom these animals were specifically trained to help."

There is a difference between Luna and that yellow lab who helps a familiar young man with oversized sunglasses cross the busy street. There is a difference. And my husband and I are aware of this difference. More than that, we are conscious of who it harms when dog owners ignore the Penal Code and fake their pets as service animals while (literally) sniffing out fine cheeses at Saturday’s artisan Farmer’s Market. Fraudulent service dogs impact the human beings with disabilities whom these animals were specifically trained to help.

Such fraud is rife, especially in the Bay Area. The root of this problem, I believe, is that people do not think it’s a big deal to slap on a fake vest and call their teacup chihuahua a service dog. Somewhere between the Farmer’s Market and Nordstrom the line that divides Guide Dogs for the Blind and the pomeranian that Mr. Roberts’ new girlfriend likes to carry around in her purse got blurred.

The thing is, it is a big deal. It’s a big deal because it directly affects those people with serious disabilities who need their service dogs, as outlined by the U.S. Department of Justice, to do special tasks that their owners could not do without their assistance. The Americans with Disabilities Act allows specified animals to be in areas where other pets are not in order to accommodate often severe disabilities, i.e., amputee, blind and mentally ill individuals who need these animals’ help in order to function. 

"I have been kicked out of businesses because employees think I'm an imposter."

Peter Morgan, is one of the individuals seeking to bring about change in a culture of fake service dogs that is getting out of control.  Peter suffers from a spinal disorder that prevents him from bending over without pain.  His service dog, Echuka, is trained to pick up items Peter drops to stop him from getting hurt.  But service dog fraud is making it difficult for Peter to keep Echuka with him in places is most needs support.

"In the last few years, the questions and the looks I get have radically changed," Peter says. "Now wherever I go, I see fraudulent service dogs. I have been kicked out of businesses because employees think I'm an imposter."

Falsifying a badge for your untrained retriever not only disrupts businesses and their clientele, but adversely affects those with disabilities who actually need their service animals to live their lives, which is why California made it a criminal offense to fraudulently present a regular pet as a service dog back in 1994. Since then, other states have been following suit. Most recently, on July 1st, 2015, Florida passed a similar law, highlighting the fact that this is a national, and even international problem.  

"... punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both"

Masquerading Fido as a service dog just so you can bring him on your trip to Whole Foods has serious consequences, as outlined in the California Penal Code:

365.7. Knowing and fraudulent representation as owner or trainer of guide, signal or service dog; penalty

(a) Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(b) As used in this section, “owner” means any person who owns a guide, signal, or service dog, or who is authorized by the owner to use the guide, signal, or service dog.

So not only is it a big deal because of who is being adversely affected; it’s a big deal because if you violate the law in these circumstances, you could do jail time.

A local non-profit has been leading the fight for better enforcement of California’s Penal Code. Canine Companions for Independence, with its national headquarters based in Santa Rosa, is an organization that betters the lives of those who actually need service dogs by attentive training of animals and an ongoing support system. By starting a petition to protect the rights of people who legitimately need service dogs, a petition aiming to stop service dog fraud, Canine Companions has begun promoting this important change in our society. 

As a dog owner, I sympathize with the notion of bringing your dog with you wherever you go. But as a law-abiding citizen and pro-active member of society, I know when to leave Luna at home with a bone (or more aptly, a bully stick). Whether we will see greater enforcement of the law remains to be seen, but there is no doubt that fake service dogs are having a negative impact on society and action is needed. I respect what true service dogs are able to do for people who cannot do it all on their own and more needs to be done to protect these dogs and their owners.  I also have no desire to do time behind bars or face a hefty fine. Do you?

Content prepared by Alicia Parry

Copyright 2015 Alicia Parry

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This message and the information presented here do not create or evidence an attorney-client relationship nor are they intended to convey legal advice or counsel.  You should not act upon this information without seeking advice from a qualified lawyer licensed in your own state or country who actually represents you. In this regard, you may contact The McGill Law Office and then representation and advice may be given if, and only if, attorney Edmond McGill agrees to do so in a written contract signed by him.

REAL ESTATE - DECK COLLAPSE

The nice set of flats in the Richmond District of San Francisco was a great investment.  Tenants were providing good income for George and Harriet’s golden years.  They bought the place at the right time, 25 years ago, on the advice of their accountant.  It was a buyers’ market – good price and interest rates were not too high.  Both flats were in excellent condition when they bought the building and renters were standing in line to sign leases.  From the very beginning, increasingly so every year since they bought the flats, the income rose and, until recently, the upkeep and maintenance had cost next to nothing.  Recently, however, after 25 years of tenant use and exposure to the elements, it was time for significant investment in maintenance and upgrades.

"Nothing was broken, just some scrapes and cuts and a bit of sprain."

Sally, the downstairs tenant wasn’t hurt too badly.  As was her custom in the late Summer, she was coming up the back steps to leave Gwen and Tommy some fresh vegetables from her garden.  The step just gave in and her foot went through right up to the ankle.  Nothing was broken, just some scrapes and cuts and a bit of a sprain. It was taken care of by a trip to Urgent Care, a tetanus shot, a cold pack and an Ace support bandage.  Sally had to hobble around for a few weeks but she was alright after that. The insurance company took care of everything and George found some local guys to make repairs to the stairway.  The workmen weren’t very qualified but, after all, it was just an outdoor landing and stairway.  George and Harriet bought the place to make money not to spend money. Those guys cost a lot less than an expensive licensed contractor.

"Mid flight Tommy's foot caught something that spun him a bit so that he hit bottom first instead of head first and that's why they took him to the hospital instead of the morgue."

Most evenings Tommy enjoyed a cold beer standing on the little landing in the back up the upstairs flat where Sally left fresh vegetables..  It didn’t matter if the fog was in and that it was cold even in the summer.  It was a half hour of decompression, a transition from work to home.  Tommy leaned back, putting just a bit of his weight on the railing.  With the dry rot and nails rusted to dust, the railing just gave way and Tommy was all of a sudden air-born, somersaulting to a bone crushing encounter with the concrete 12 feet below.  Mid-flight Tommy’s foot caught something that spun him a bit so that he hit bottom first instead of head first and that’s why they took him to the hospital instead of the morgue.  

While Tommy was awaiting surgery, Gwen called Ed McGill.  Ed immediately dispatched his trusted expert forensic property inspector who examined the landing, stairway and railing.  The forensic inspector took many high quality photographs and wrote a comprehensive report on the conditions that he observed.  Ed then wrote to the owners, George and Harriet, and informed them of what had happened.  In his letter, Ed asked George and Harriet to preserve the stairway, deck and railing  which were evidence.  This time George and Harriet did call a contractor who immediately sent a crew to the site.  They tore down the old stairway and landing and hauled everything to the dump.  George and Harriet were getting rid of the evidence.  A new stairway and landing were up in the blink of an eye.

George and Harriet knew about the dangerous condition of the stairs – one tenant had already been injured before Tommy’s twelve foot fall.  Instead of making repairs competently, they chose to save money by hiring incompetent workers.  They willfully ignored the danger to their tenants and were, therefore, exposed to punitive damages in addition to the usual damages that resulted from Tommy’s fall.  Insurance does not cover punitive damages.  In addition, after being asked to preserve important evidence, George and Harriet were eager to destroy this evidence, including the rotten railing that was the cause of Tommy’s fall. George and Harriet hurt themselves when they destroyed the evidence of their guilt.  They did not know it at the time but Ed had already had his expert make a full report complete with high quality photographs.  A jury would be told that George and Harriet’s actions in dumping the evidence showed that they knew that they were guilty and that they were trying to hide the truth.

"Quick action by Ed in immediately dispatching his forensic expert and asking George and Harriet to preserve the evidence clinched this case even before the lawsuit was filed."

A lawsuit was filed and, given the powerful evidence that Ed had gathered, George and Harriet’s attempt to hide their guilt and their exposure to punitive damages, their insurance company was made to pay almost a half million dollars, fully compensating Tommy for his injuries.

Quick action by Ed in immediately dispatching his forensic expert and asking George and Harriet to preserve the evidence clinched this case even before the lawsuit was filed.  Tough follow-through and readiness to bring Tommy’s case before a jury insured the maximum settlement from the George and Harriet’s insurer.   Good lawyering brings the best results.

[This is a fictionalized account of one of Ed’s actual cases.  To preserve required confidentiality, names, places and some incidental facts have been changes.]

Content prepared by Edmond McGill

Copyright 2015 Edmond McGill

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This message and the information presented here do not create or evidence an attorney-client relationship nor are they intended to convey legal advice or counsel.  You should not act upon this information without seeking advice from a qualified lawyer licensed in your own state or country who actually represents you. In this regard, you may contact The McGill Law Office and then representation and advice may be given if, and only if, attorney Edmond McGill agrees to do so in a written contract signed by him.

REAL ESTATE - LAND MOVEMENT

For 10 years before the city approved the developer’s plan to build three houses on the lots behind and above them, Grace and her family had lived in joyous isolation in their wonderful home overlooking the San Francisco Bay.  “Well, that’s a lot better than building a big house on the downhill in front of us. Our million-dollar view of the San Francisco Bay would never be the same if we had to stare over an ugly roof.  Anyway, it will be nice to have neighbors – “build away”, Grace said, accepting the inevitable.

"At first you could hardly notice the cracks in the patio concrete..."

Grace and her family tolerated the noise and disruption and the three houses were finished in no time at all.  The houses sold immediately.  Grace and her family welcomed their new neighbors and, their broad vistas undisturbed, really felt no change at all in the enjoyment of their home other than that they could share the spectacular setting with their new friends.

At first you could hardly notice the cracks in the patio concrete – just thin white lines like varicose veins running through the flat pink slab.  Grace wasn’t sure that the bathroom door hadn’t been sticking a bit for a long time. But she knew that she had never had a problem opening the sliding glass door from the master bedroom to the little garden patio where she enjoyed taking a first cup of coffee in the morning.  No, that door always worked fine, she thought.  It glided open – just a touch and a light push.  That’s all it took every morning for 10 years.

"But Penny said there was no insurance for acts of nature."

The structural engineer found the cracks in the foundations.  The cracks were new, he could tell, and there were no old cracks. Grace’s house had recently started to move – glacially, but ever forward.  “Well, yes, we can anchor the house in bedrock and impede the movement and we can make that glass door slide easily again - for a time.  But … .”

This was getting expensive so Grace called Penny Premium, her ever up beat insurance agent.  But Penny said that there is no insurance for acts of nature.  Grace’s homeowner’s insurance could offer no help at all with the ten thousand dollars estimated for further studies and the who knows how much for engineering solutions to stabilize the house.  As a real estate agent, Grace knew that there was nearly a total loss of market value for the house since almost no one would buy a house that was moving down the hill.  “No insurance for that either”, advised Penny Premium.

Grace’s case is a fictionalization of actual cases done by Ed McGill. Uphill building can change the courses of subterranean and surface waters.  Moving water moves other things, like Grace’s house.  When the new houses were built, the developer and the city changed the courses of subterranean and surface waters flowing down onto Grace’s property.  Instead of directing waters safely around Grace’s house, they misdirected and concentrated waters on and under the surface right into Grace’s house’s foundations.

"You can win a case such as this and protect your home and family with solid legal counsel."

The city changed watercourses when it built surface water drainage for the road to the new houses and was liable to Grace under the theory of inverse condemnation.  Besides compensation, the city was responsible for paying Grace’s attorney’s fees.  Of course, the developer and the uphill owners were liable too.  Their insurers had to pay Grace compensation as well.  In situations like Grace’s, they must reroute the watercourses so that the damages cease. Finally, Grace’s insurer was liable to her for its “bad faith” denial of her claim.

The law will punish insurers that abandon their insureds.  The insurance company can be made to pay compensation, attorney’s fees, emotional distress damages and punitive damages.  When the contributions of all those liable were calculated, in a similar case, Ed obtained compensation for his client in an amount, after his fees were paid, that exceeded the actual market value of the house and the owner kept the house with the land movement stabilized.  In the end, there was far more than enough money in damages for all of the repairs and changes with plenty of money in addition for all of the trouble. You can win a case such as this and protect your home and family with solid legal counsel.

Content prepared by Edmond McGill

Copyright 2015 Edmond McGill

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This message and the information presented here do not create or evidence an attorney-client relationship nor are they intended to convey legal advice or counsel.  You should not act upon this information without seeking advice from a qualified lawyer licensed in your own state or country who actually represents you. In this regard, you may contact The McGill Law Office and then representation and advice may be given if, and only if, attorney Edmond McGill agrees to do so in a written contract signed by him.

REAL ESTATE - CONSTRUCTION DEFECTS

Real estate agents, construction professionals and new home buyers should be careful of assumptions.  Real estate agents should take care in advising the waiver of independent inspections even in newly constructed houses. Builders should be careful about contracting with and supervising subcontractors and others.  Consulting professionals such as structural engineers should carefully and expressly define and limit the scope of their work in writing, to avoid being held liable for the bad work of others.  Buyers of newly constructed houses should not rely on city inspections or on the impressive superficial beauty of a new house.  They and their agents should “look behind the walls” before signing the papers or else everyone might find themselves in a long, expensive and unhappy court battle.

"Buyers remorse began to take hold."

It was a brand new beautiful four-bedroom house with vaulting ceilings, spacious views, easy access to town and to vast open spaces from just outside of the back door.  The real estate agent was as happy as the young family, one and all looking forward to moving day.  The house was perfect, worth every penny of the young family’s now exhausted savings and the commitment to a thirty-year mortgage.  

It’s often true that a newly built house has a few punch list items that the builder will take care of even after the sale has closed but the family became concerned when, after a few minor things were adjusted, the builder-developer just seemed to lose interest.   They looked harder at the house and found more things that were not as they were supposed to be.  The driveway turn around did not measure to the dimensions that were represented.  The hardwood floors were paper thin rather than the thickness represented.  Doubt and disappointment began to take the place of joy.  “Buyers remorse” began to take hold.  

"Please have your clients and their young children vacate the house immediately."

The house was new.  It passed all of the city inspections during its construction and cleared the final inspection when it was finished.  The real estate agent and the family didn’t see the point in paying for expensive inspections by independent experts so they all depended on the city inspectors, the representations of the developer, the glossy brochures and the beautiful look of the newly built house.  

The family hired a retired city inspector to have a look around to see what else might be wrong.  Starting at the bottom, as seemed sensible, the inspector slid into the crawlspace to see how the house was connected to its foundations.  Then out he flew, a light speed exit, because what he saw gave him fear that the house might fall on him at any moment.  He didn’t say much other than that the family should have a competent structural engineer look over the place very carefully.

Now completely alarmed, the family called the McGill Law Office and Edmond McGill dispatched a  highly qualified structural engineer to make a thorough inspection of the structural elements of the house.  “Please have your clients and their young children vacate that house immediately.  It could collapse catastrophically in a big wind or a small earthquake and crush them all to death.”

The developer-builder, the real estate agents, various subcontractors and the engineering company that provided structural calculations were all sued successfully, successfully for the homeowners that is.

The family was innocent, justifiably relying, as they had, on the professionals who built the house and the real estate agents who marketed and sold it.  

The builder-developer relied on his subcontractors and failed to properly supervise the work or to properly inspect it before putting the house on the market.  

The engineering firm did very little work, only providing accurate calculations for the builder; however, this firm failed to have a written contract that might have protected it by stating expressly and clearly that it had no responsibility to supervise how its work was used or rather, in this case, misused.

The real estate agents were professionals.  It may have been reasonable for the family to rely on the fact that the house was just built and that the city had made inspections but agents should have discourage the family from not getting their own inspections or, failing that, they should have created a better written record that the family was informed that even though the house was new, independent inspections should be conducted and that the family decided not to do so against the advice of the real estate agents.

"The family was more than made whole by having obtained good legal advice and counsel."

In the end, the insurers of all who were sued contributed to a settlement that, after lawyer’s fees and legal expenses were paid in full, provided more than enough money to repair all of the deficiencies and to provide high quality substitute housing for the family while the work was being done.  In addition, the family was compensated generously for their trouble and a bonus was paid as well by the builder, not from his insurer, but from his own pocket, because of the callousness in putting this family in danger of life and limb.

The family was more than made whole by having obtained good legal advice and counsel. The builder-developer might have saved himself a lot of trouble by consulting with an attorney and might have avoided a lawsuit if his attorney had advised him to make complete construction remedies as soon as the buyers’ complaints started. Real estate agents would profit by developing a standing relationship with a trusted attorney to whom they can direct questions for quick and non costly answers.

The engineering firm could have completely avoided exposure to any liability.  The only work it did was to make calculations which it did accurately.  Not having a thorough written contract, which a good attorney could have drafted for it to fit most of its engagements with few changes for each, placed on this firm the legal presumption that it would supervise the application of its calculations.  The was an error in business law rather than in engineering.

Having a relationship with a good lawyer sooner rather than later can save a lot of grief and a pile of money.

Content prepared by Edmond McGill

Copyright 2015 Edmond McGill

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This message and the information presented here do not create or evidence an attorney-client relationship nor are they intended to convey legal advice or counsel.  You should not act upon this information without seeking advice from a qualified lawyer licensed in your own state or country who actually represents you. In this regard, you may contact The McGill Law Office and then representation and advice may be given if, and only if, attorney Edmond McGill agrees to do so in a written contract signed by him.