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#so whether or not I can take on more commissions in the foreseeable future depends on how my job search goes
5qui99l3draws · 4 months
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one fairysona with a pigeon friend for @pfandghoul!
commission info here
bonus thumbnails because they're cute:
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hexyz09 · 5 years
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The Magic Within
Disclaimer: The Magic Within Rewrite! Somewhat!! Connecting Chapter? Prologue? Who knows, but at this point, it’s simply a bit more info on the world this chapter is in. XD And with it, a bit more info on the characters themselves, as well as their appearances.
  Beta Chapter: Awkward First Meetings
It wasn’t a beautiful day outside. Crows were cawing, and flowers no doubt drowning. On days like this, he really wished the dumbasses in his district would fuck off. But no; as the second hands of his clock continued ticking, beating down on his patience like the rain slamming against his window, Don decided that his wish was a stupid one.
Stress relief had to come in some shape or form after all. Be it from him to stop idiots desiring to be turned into paste against the walls. In their very own homes after all, cause he wouldn’t dirty his own with their blood. At this point, he just wished he didn’t put the fear into them as often, so they’d work up the nerve to try and attack.
Like right now.
…the clock continued ticking, unabated, and Don turned away from the traitorous contraption with a sigh. He’d replace it, but it was the only thing with a wolf engraving etched around the words “Hear Me Roar”. “You know, when it reaches 12, it does exactly that,” He mentioned wistfully. Then as an afterthought, “Roar I mean. With a guttural growl at first before rising to an echoing, high pitched howl that fades into the night.” A thing of beauty really, but, with a quick turn to the window, he decided that it wouldn’t reach as far.
Disappointing, but, not completely. ‘…’ Casting a quick glance over his shoulders, he found a pair of golden eyes, no, amber, peaking through dark brown bangs, wary curiosity gleaming within. Despite being in desperate need of a haircut, the boy looked to be younger than his counterpart, and with an interest in curious nick-knacks like his clock.
The other looked to be a year older, around 9, with brown curls pulled back into a loose bun, both combed and neatly held in place to the right with a cat-shaped hairpin. Unlike the boy, she was lightly bouncing on his couch, hands tightening and loosing around the edge of the cushions. ‘Not as interested,’ Don decided, but more active and desire to explore.
Not sure why though. His living room had the barest essentials. A couch and a tv, the former of which is being filled by a pair of kids. Other than that, this room only had two doors. One leading to the first-floor bathroom, while the second to the foyer that splits into a crossroad. South is the door out, right goes to the kitchen, while the northern passage would take him to a set of stairs leading both up and down. If given the chance, he’d no doubt the girl would sneak into the cellar with a smile on her face.
She had the eyes of mischief, one that usually displays innocence, but would no doubt try something when his back was turned…like…wait. Furrowing his brows, Don realized his back was turned right now, and yet nothing has happened. After a while, Don didn’t sense anything beyond honest curiosity, so he left it well alone.
The silence stretched between them was unnerving, and it was only the ticking of Don’s second-hand clock that kept him from losing his nerve. After all, how does a 12-year-old explain to kids years younger that he’ll be watching over them for the foreseeable future?
Casting another glance, his lips curled into a frown, the girl ‘Rei’, he was told, lightly curling the boy’s ‘Ko’s’ hair. Probably to keep her hands busy and distracted, though he was more curious about why the boy seemed to switch from stiffening up at her touch, to relaxing at others. Didn’t look like Rei was being rough with his hair either, but he supposed the more distracted they were, the longer he had time to think.
Tracing a finger along his neck, Don’s gaze darted to the TV, a sheen of black giving off a small reflection from the ceiling light above. It showed a black band coiled around his throat, and not for the first time, he wondered why the higher-ups would assign him children to watch over.
Trial Order’s, they were called, best made to be placed on a child upon birth, and to assess their growth and magical potential up to the age of 18, where a decision would be made. These things assess more than a person’s magical potential, but the very precipice they’ll stand on in the future, whether it’d be good or bad. It marks a person’s place in the world, based on their view of it, and judges the possible routes he or she would take.
A Scrying Ball to tell someone’s future, basically, made from probabilities and magical analytics. ‘…nothing but complete and utter bullshit.’ Tracing a finger along the band, his scowl deepened. Supposedly, it’s made to access a person’s future upon immediately being placed upon, something that can be ultimately decided with three colors.
Black. Grey. White. ‘Otherwise known as the Repulsive, Average, and Beautiful, something of which decides whether one’ll be a future criminal to your local hero.’ Infants marked with a Black Ring were condemned for life, either abandoned at birth, or spirited away, or as recently decided, sold off to the Capital to test their so-called Criminal Reformation Project.
The people in this world were idiots of the highest degree, and he’d gladly watch as they all burned for their stupidity. Maybe even crack a few bags of popcorn, watch as they climb up to freedom only for him to kick them back into the pyre.
It was an amusing thought, one that was unfortunately cut short by a quiet, flat tone that couldn’t quite hide his squeak. “Are you done monologuing?” Don raised a word at that, big word for a child, even if it wasn’t hard to pronounce.
But, it broke the silence, so he excused the cheek. “Are you done trying to threaten me in my own home?” Don retorted dryly, turning to face the child.
Ko didn’t respond, eyes narrowing into slits, but not out of malice as much it were surprise. The girl, Rei, he reminded himself looked more happy than surprised, meaning she knew very well what Ko had been doing despite the White Ring coiled around her neck. A stark contrast, considering the tan she seemed to bear, or maybe that was just her skin tone?
“You noticed?” She asked, curiosity lacing her tone with trail of airy giggles. Then, as if she remembered something, turned and tugged at Ko’s sleeve. His eyes flickered from him to her. “Okay, you can stop now lil’bro.” He looked like he wanted to protest, but Rei just tugged at his sleeve again, jerking a chin towards him with a smile. “Nothing’s been done. He noticed, and nothing’s been done.” Rei repeated, stressing the last part with barely restrained excitement.
Not that nothing could be done, since he wasn’t so sure what the kid was doing to begin with. All he sensed was the faint veil of magic in the air, thin, almost imperceptible. Ko was good at disguising his spells despite his age, very good, but if there was one thing he couldn’t hide, it was the overbearing presence that came with all Spell Casting.
The sensation that his heart was being wrapped by something, as if another layer was added over it. Not to a crushing degree that made it hard for him to breath of course, but…just enough for him to know it was there. A warning.
Ko’s attention flickered back and forth from his sister and him, uncertainty in his eyes. After a couple moments though, Rei tugged at his sleeve once more, a frown playing on her lips as she stressed the word “Ko.”
Her brother relented, and Don felt a weight lifted from his shoulders, both figuratively, and literally, since there was a mirror positioned right behind his couch, and he saw a faint ripple appear in the air above his head…in the shape of a wolf head with very sharp, pointy teeth.
‘…I’m honestly not sure whether I like this kid or not.’ It was clear Ko didn’t like him, but who would, given that he and his sister was just thrust into a house expected to live with a stranger. One designated as a Black Ring at that, though…eyeing the grey band around Ko’s neck, the shade flickering from dark to light, he couldn’t help but dread the future headaches to come. ‘…they dropped a Borderling on me? Seriously?!’
Met a few of them over the years, and if there’s one thing he can be sure of, is that they’re all Janus-faced sociopaths seeped in instability. Second Rarest to find compared to those with a White Ring like Rei, if only because they’re the only ones the Trial Order’s have issues with. Too…malleable, he decides, for a lack of a better word. Able to change their perspective on life quite easily, depending on who they’re with, but not in the way one’d expect.
“Please stop looking at him like that.” Someone stated, sadness tinging their voice. “I don’t like it when people look at him like that.”
Don blinked; a bit confused before he realized that he had been staring at Ko for…who knows how long. Long enough to make him dig his fingers into the cushion, toes curling, and canines digging into his lower lip. He wasn’t meeting his gaze, and for a brief moment, he felt something coil around his heart once more.
Only for a moment though, as Rei, instead of tugging his arm, ran her fingers through Ko’s hair, a worried frown on her lips. ‘…guess I know who’s the Older one now,’ Don admitted, watching as Ko’s twitching became less sporadic under his sister’s touch.
Soon after, he was no longer digging his fingers into things out of anxiety, instead leaning into the arm rest with a weary look in his eyes. It was then he noticed the heavy bags…and idly wondered just how long this kid’s gone without sleep.
Guess the little brother was out of commission for a while, but for some reason, instead of leaving things be, Rei decided to just switch locations, wrapped Ko’s hand in her own. The kid twitched, but only for a moment, before his eyes finally closed.
After a couple seconds, Rei turned to him. “That wasn’t very nice.”
Don’s answer was to point at the collar on his neck, but the girl simply tilted her head in confusion. “And?”
“I don’t have to play nice with a girl who sick’s her attack dog on me.” He retorted, jerking a thumb towards the sleeping child. “In my home no less, so being polite went out the window as soon as it had come.” Did she think that just because she didn’t word the command, that he wouldn’t figure things out? Her lack of response to her pet’s Spell, and what did come after it being brought up.
She knew full well what her brother, if he even believed that nonsense, was going to do and allowed it with a smile on her face. Goes to show you couldn’t judge a book by its co—
“235.” Rei stated bluntly, eyes drifting through the room. “You are number 235.”
Staring blankly, a bit annoyed at having his internal monologue interrupted, he frowned. “I prefer the number 666 thank you very much.”
Whether Rei heard him or not, Don couldn’t tell, but he did see her attention linger on his clock before stopping at him. It didn’t look like she liked it, so he wondered a bit about the why. “So, are you going to explain, or do I have to ask?”
Rei stared at him with blasé wonder. “That,” She stated, as if it explained everything…which is didn’t. “Your attitude. It’s weird.” Brows twitching, he was about to say something when she, almost as an afterthought add, “…or maybe not. I don’t know.”
“What do you know?”
“That I want Ko to stay,” She replied easily, as if the response was ingrained at this point. It probably was, since no one in their right mind would let a Borderling stay near a White Ring. “I told the Orderlies that, and they let me keep him.” Rei stated, as if reading his mind.
But, there was just one thing she said that made him scowl. ‘…keep?’ Eyes drifting to Ko, Don found he couldn’t see much of his previous behavior in him at all. No twitchy movements, dazed expressions, or fear. Malice was never brought up, despite his Spell’s…intended use. Just fear and anxiety, something he found lacking as Ko continued his sleep. “…you know he’s not a pet, right?”
Something strange flickered across Rei’s expression, her lips curling into a frown. “…I know.” She whispered. “…but he’s my little brother, and I want him out of that place.” Rei didn’t elaborate further, preferring to gently squeeze Ko’s hand, as if to reassure herself that he was still there. “It’s the only thing I can do with what he does to protect me.”
…and now Don kinda felt like a dick. “…you know you’re not going to get any pity from me, right?” There was no need to ask what that place was. However, he couldn’t help but ask anyway, knowing it’d probably damn him. “…but…235?” He asked, feet shuffling against the carpet. “…what do you mean I’m the 235th?”
Rei simply smiled. A small one, eyes closed. “You are 235,” she repeated airily, voice shaking near the end. “This is the 235th time I tried to find a home outside of The Foundation.”
Don…felt like he swallowed a bitter pill, one he wanted to vomit the moment it neared his taste-buds. “That’s…” He couldn’t find the words to say…and, well, even if he did, Don didn’t think they’d form. “…schedule?” He did not squeak.
“Once every three days,” She replied in disinterest. “I suppose you know what that means?”
That he did.
Rei and Ko had been here for just a bit over two years, going back and forth from a place filled with lies and honeyed words, to a controlled experiment where the only choices are what’s given to them. Ko’s passive aggressive stance, and Rei’s willingness and attitude…they didn’t come from being children (which are generally rude brats in general) but by experience and resigned expectation.
The Foundation, in short, was the Capital of Raiha, a country situated to the northeastern most corner. It held natural borders from all sides, be it steep cliffs from the North and West, to a chain of Mountain Ranges leading from the Northwest to Southeast. In short, closed off from the rest of the world unless you find a way through the Acauline Mountains, or fly in without being shot down.
It wasn’t a big country, but neither was Raiha small. What it did have, however, was a Dictatorship that masqueraded as a Democracy, the first notable ruling being that upon receiving news of pregnancy woman are to be transported to The Foundation for the duration of their term. It was to ensure branding of newborns with Trial Order’s upon birth, and also worked as a make-shift Trial to discuss the child’s placements, and to discuss the parents decision about whether they want to keep the child or not.
After all, no~ one wanted to branded as a family of crimi—
A sudden snap pulled him from his thoughts, and he stared at a bemused Rei. “You…tend to fall into internal tangents, don’t you?”
“…Who wants to know?” Seriously, who wanted to know? Rei letting loose a string of faint giggles did not help with his confusion, but he decided it wasn’t important.
Eyes drifting to his clock, Don found the hour hand 2 dashes away from it’s midnight howling. He turned back to Rei with a frown, and bit his lower lip. “…so…what now…?” He asked. Cause whether he liked it or not, the Orderlies have assigned these two to live with him for…who knows how long.
He didn’t expect an answer. “Probably up to three days, if you’re lucky,” Rei mused, tapping her heel against his couch. “Same if you’re not.”
“…I’m going to need some exposition here.”
Rei only blinked; brows furrowed in a pout. “I…don’t know what that words means…but…if it’s what I meant by that, I’m not sure,” She shrugged, humming in curious whimsy. “I never see those Ko and I stay with again, but my brother said he made sure the last one made sweet, sweet love to the business end of a Kris, whatever that means.”
And while Rei pondered on who this Kris might’ve been, Don simply stared at the sleeping child, both mildly impressed and slightly curious about how these next three days would go.
[XX}
Years later, Don watched as Ko wormed his way across his kitchen floor, bound by blue licorice, and filled with sugary vengeance to chomp down on the retreating Marshmallow Unicorns and Gummy Bears. Turning to Rei with a raised brow, he jutted a disappointed thumb towards the maniacally cackling idiot on the ground. “Your brother, your mess.”
Burritos in hand, he walked out of his kitchen, lightly flicking Rei on the nose on the way. The sister didn’t bother to turn, perfectly content to giggle in amusement, and watch Ko do the cleaning up for her. He’s always had a sweet tooth after all.
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10 Affiliate Marketing Strategies That Generated Us Over $1M in Income
             The landscape for affiliate marketers has changed significantly over the past year.
From tighter legislation for affiliates, to Google cracking down on thin affiliate content, and a general increase in competition on the web, it’s becoming increasingly difficult for affiliate marketers to get ahead in the game.
Despite this, many smart individuals and companies continue to generate millions by staying one step ahead of the rest.
So, what is it that affiliate marketers need to do to succeed in 2017 and beyond?
1. Go one inch wide and one mile deep
Many first-time affiliate marketers make the mistake of going one mile wide and one inch deep: trying to dominate forty niches in their first few years.
When you hear about friends making millions from Clickbank products, and marketing products in emerging niches, it can be tough to stay focused.
The price for losing focus, though, is having a portfolio of 21 websites in random niches all with a pitiful domain authority generating next to nothing in sales.
By all means, experiment with different niches once you’ve achieved a level of success you’re happy with on your first website, but to begin with go one inch wide and a mile deep.
2. Create content that your competition can’t compete with
One of the biggest challenges facing affiliate marketers right now is the need to prove their value as middlemen in the value chain.
One of the biggest advantages affiliates have over established brands, and one of the greatest opportunities to add value, is the ability to be agile and act quickly with content marketing.
While brands spend months approving their content strategy and holding fruitless meetings, affiliates can be creating content of such a high standard, that competitors simply won’t have the resources to compete with, and Google would be foolish not to drive traffic to.
This is the strategy that we’ve adopted for most of our affiliate marketing sites at Venture Harbour.
Take Qosy for example. Every 4-6 weeks, Qosy publishes a 3,000 – 8,000 word guide educating readers on tough buying decisions, such as how to choose the best scotch or an engagement ring. While not all of these posts contain affiliate links, affiliate links are often added if a site we’d be recommending anyway has an affiliate program.
 It’d be hard for Google to argue with this content not adding value. After all, some of the guides have received close to 10,000 shares and have been used by the brands themselves to educate their own customers. Generally speaking, each guide takes about 40-50 hours to produce, and is benchmarked to beat the best existing piece of content on the topic in virtually every aspect (from design and share-ability, to page speed and on-page SEO).
Over the next year I think we’ll see more and more affiliates adopt this kind of strategy.
3. Build a brand that adds value to the consumer
It’s no surprise that Google’s brand-bias is strengthening. For many affiliates, this is quite a concern, as affiliates haven’t traditionally had to concern themselves with building a strong brand.
 When you look at the leading sites in insurance, travel, property, personal finance, and homeware, it’s interesting to note that many of these sites are affiliate sites. They’re also strong brands.
Moneysupermarket, Agoda, Houzz, Which, LastMinute.com, and Compare.com are all ultra-successful affiliate sites due to the strength of their brands, their editorial integrity, and the value they offer consumers.
 Over time, affiliate marketers will find it increasingly difficult to succeed without a brand that user’s trust, so consider what you’re doing to develop the brand of your affiliate website.
4. Build a foundation of recurring affiliate revenue
With affiliate marketing, there is no assurance that your current strategy will work in a month’s time. Whether it’s due to Google updating their ranking algorithm, your favourite affiliate program shutting down, or media buying costs increasing, you’d be wise to mitigate against the possibility of major changes.
There are two very effective ways to do this: diversification and by building your recurring revenue.
I’ll talk about traffic diversification in a moment, but let’s first talk about recurring revenue.
Most affiliate marketers focus on one-time payouts, which is generally smart as, due to inflation and the ability to earn interest, $100 today is worth more than $10 per month over 10 months.
The problem is that one-time payouts don’t protect you against major changes in your strategy. That’s why I recommend building up a portion of your affiliate revenue in recurring revenue.
Obviously, the feasibility of this approach depends on your niche and what products are available to promote. If the option is available, I’d highly recommend building a foundation of recurring affiliate income so that you peace of mind that no matter what happens you still receive a certain amount per month for the foreseeable future.
5. Don’t rely on a single traffic source
In February 2011, many successful affiliate woke up to find that they’re probably going to go out of business in a matter of weeks or months, no thanks to Google releasing the initial panda update.
The same thing happened again when Google launched the Penguin update in April 2012.
It’s happening to brands who’ve built up organic Facebook Page audiences, and it’s going to happen time and time again across many third-party platforms whose business model revolves around selling eyeballs.
Some of the people hit by these updates were good friends and clients, which is why I’ve been preaching about diversification of traffic ever since.
Ideally, you should own your audience – not rent it. If you absolutely have to rent it, rent it from multiple sources.
6. Be prepared for mobile
In November 2014, mobile accounted for 46% of all affiliate clicks and 26% of all affiliate retail sales. How does this affect the individual affiliate?
For one, if you’re directing traffic to sites that aren’t mobile friendly, you’re probably losing a lot of potential commissions.
Google have also started to send some rather blatant nudges to webmasters that their websites should be mobile friendly. In November, they launched a mobile-friendliness checker and began experimenting with displaying whether a page is mobile-friendly or not in search results.
 So, having a mobile-friendly site could become a good strategy for outranking your non-mobile friendly competitors in the search results.
Another consideration is that with more people using and purchasing from mobile devices, certain niches, products, and search criteria will rise in popularity, and can be capitalised on by forward-thinking affiliates.
Needless to say, if you’re not prepared for mobile, you’re preparing to be left behind.
7. Get in front of breakout and seasonal trends
Affiliate marketers have been taking advantage of trends for a long time. Yet, new trends continue to breakout, creating hundreds of new weird and wonderful multi-million dollar niches every year.
 So, how can you find out what trends are likely to emerge this year?
The first differentiation to make is between seasonal and breakout trends. Seasonal trends are recurring, and often predictable, peaks in popularity that you can prepare for in advance.
Google Trends is your best friend for identifying seasonal trends. While you can just type in a keyword to see how it’s search volume fluctuates throughout the year, you can also use the category functionality to find seasonal trends in specific industries.
 Breakout trends are much harder to predict. From electronic cigarettes and online TV, to selfie sticks and cinnamon flavoured whisky, even the most experienced industry experts often have a hard time predicting as far as six months into the future of their industry.
Regardless, reading the predictions of experts in your industry is a good place to start. If you want to know what products might be worth promoting in the travel industry this year, for example, you might want to experiment with search queries like:
 You could even try to predict which countries are about to increase in popularity, and begin promoting hotels, flights, and other products that might help people traveling to that area.
 Finally, there are a lot of great websites like TrendWatching.com that can help you estimate where the World is heading. Ultimately, though, knowing what’s around the corner comes down to having an acute awareness of what’s being talked about and piquing people’s curiosity in your industry.
8. Promote products that raise your affiliate income by an order of magnitude
When I began affiliate marketing, I promoted products ranging from $0.10 commissions to $100 commissions. It soon became clear that, while having a large volume of low commission sales can create a solid foundation for your affiliate revenue, true growth comes from high commission sales.
My strategy for growing affiliate sites has always been to find products that add value to the site’s readers, and that also have the potential to increase the site’s revenue by an order of magnitude.
If you’re currently generating $1k per month, what products will get you to $10k? If you’re at $10k, what do you need to do to get to $100k?
The answer is usually quite simple: you have to add an extra zero onto the size of your commissions or the amount of traffic you send to publishers. More often than not, this requires a refocus on which products you promote.
9. Focus on topic targeting, not keyword targeting
Google’s attempt to reduce the SEO community’s focus on keyword targeting hasn’t exactly been subtle.
From removing keyword data in Google Analytics and exact-match keyword targeting in Google Adwords, to improving their understanding of similar terms, it’s becoming harder for digital marketers to target individual keywords.
While on the surface this may seem like bad news, it’s arguably a blessing in disguise as it encourages a shift towards topic-targeting, and a focus on capturing long tail traffic.
 Instead of trying to rank your content for ‘best gardening tools’, you might instead focus on creating an in-depth piece of content on the topic of gardening tools that helped gardeners choose the right tools for their garden.
By taking this approach, it doesn’t matter whether you rank for ‘best gardening tools’. What matters is the aggregate amount of relevant long-tail traffic you receive to the content.
10. Experiment with unusual content formats for recommending products
A few years ago I heard the story of how an app developer tried to download the Amazon app to make a purchase from his phone, only to realise Amazon didn’t have an app.
He developed an unofficial Amazon app, which was effectively just an app that displayed their website in an iframe. Of course, every single product included his affiliate link – so he earned 5-8% of every sale bought through the app.
Because Amazon didn’t have an official app, his app became extremely popular, making him a very, very, rich man.
I wanted to end on this point to get your creative juices flowing. Most affiliate marketers do the same old thing in a different niche, when the biggest rewards are usually reserved for those doing the exact opposite.
In 2012, I created WhatIsMyComfortZone.com (a calculator that measures the size of a persons comfort zone). Essentially, it works by filling out a survey on what challenges you’d be willing to overcome, and then it spits out a breakdown of how your score compares with other users, along with a few recommendations.
If a user said they wanted to skydive, their results page would include a link to book a skydive. While I never expected to earn anything from these (what’s the likelihood of someone impulse booking a skydive?), I decided there was no harm in making these links affiliate links.
To my surprise, I checked my Affiliate Window account after 12 months, and what do you know, a bunch of people did impulse buy a skydive, earning a $40 commission per sale.
While a few skydiving referrals hardly made me rich, these two stories will hopefully give you some ideas about alternative formats for affiliate marketing.
Imagine if, instead of writing another 1,000-word review on the top 10 products in your niche, you developed a calculator or a quiz that used a series of criteria to automatically redirect them to the product that’s best suited for them?
Above all else, 2017 is going to be a year where affiliates need to get creative, out-think the competition, and really prove their worth in the value chain. If you have an idea you want to test, you can now get it live for less than $3 – so what are you waiting for? Make it happen.
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freelancesumandas · 5 years
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The wide ranging financial impacts of a divorce in Texas
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Divorce Attorneys Houston: It is not just your retirement savings or business interests that can be affected financially in a divorce.
What you will learn quickly in a divorce is that the areas of your life are interconnected to one another in more ways than you may think. Today’s blog post from the Law Office of Bryan Fagan, PLLC will center around the varied impacts of divorce on your financial life.
Child Support
A court will mandate that child support be paid in your divorce to ensure that whichever parent receives the support is able to provide a basic lifestyle for your children. If you are the parent who will not have the right to determine the primary residence of your children this is likely a responsibility that will fall on your shoulders.
At the beginning of your divorce, you will be asked by your attorney to fill out various forms that disclose your financial status. Your spouse will be asked to do the same in order to determine the relative strength (or weakness) of your financial lives. As with any other statement that you will be making to a judge it is essential that you be truthful above all else when disclosing your income sources.
Child Support is actually a fairly cut and dry subject in Texas, in many regards. Your net monthly income will be determined and a percentage will be applied against that income based on how many children you are responsible for. One child before the court means that 20 percent of your net monthly income will go towards child support. Two children are 25%, three is 30% and so on up to at the most fifty percent of your net monthly income going towards the support of your children.
The devil, as they say, is in the details when it comes to child support. While it may seem straightforward to calculate child support in terms of percentages, it is the net monthly income that takes some diligence in order to calculate.
If you have multiple sources of income- such as from investments, business interests, etc.- in addition to your weekly job then you and your spouse may have different ideas about what should and what should not be taken into consideration.
Keep in mind that whatever the circumstances are in your particular family that a judge would order child support in order to provide your children with a comparable level of living in both homes once your divorce is finalized. As your family has been split in two that means that your family’s income has been split as well. This not only can mean difficulty in paying bills, but it can be difficult for your children as well.
Spousal Maintenance
Despite what many people think, just because you have been married for an extended period of time in Texas does not mean that you are entitled to spousal maintenance as a result. The purpose of having spousal maintenance be ordered in Texas is to help ensure that the spouse who receives the maintenance has the financial wherewithal to support themselves for a certain period of time after the divorce.
As with child support, you and your spouse will be expected to submit estimates about your financial states including income, bills, debts, assets, etc. if your case actually goes before a judge. Spousal maintenance payments are limited to twenty percent of the payor spouse’s monthly income.
A common scenario that leads to spousal maintenance being justified and eventually ordered is if you are a spouse who is staying at home mother who for decades tended the home and cared for children while your spouse went out and earned a significant living for your family.
Your spouse’s advanced education, earning capacity and wealth leave him in a much stronger future position than you. Your sacrifices allowed him to earn his income and you supported him along the way. Depending on the length of your marriage (as long as it was longer than ten years) you will be entitled to specific time periods of spousal maintenance. There is always a specific amount of monthly spousal maintenance that is ordered and a specific duration for the spousal maintenance to be paid.
Courts in Texas may also consider your age and that of your spouse as well as your health statuses. If you are unwell due to a medical condition and will require medical care for the foreseeable future this could be a factor that helps a judge make a determination about whether or not to grant your request for spousal maintenance to be paid.
What is income?
Houston Divorce Attorneys: Any person who has created even a basic budget understands that there are two columns that need to be filled: that of income and “outgo” (also known as expenses). With these pieces of information, a court can determine exactly how much surplus one spouse may have and how much of a shortage the other may have. In this section of today’s blog post, I would like to spend some time discussing exactly what income means in your divorce.
Income at its core means all earnings that you have received from various acknowledged sources under the Texas Family Code. If you are interested in going through each of the sources you can search the Code online until your heart is content. For today’s purposes, we will discuss the topic on a more broad level.
Wages, salary, commissions, and tips account for the vast majority of income for most people in the realm of spousal maintenance and child support. Also included in income are Social Security payments, disability and unemployment insurance payments as well.
As I noted in a prior section of this blog post if you have investment income from rental properties, stock dividends these are all valid sources for income to be considered as well. More rarely do people experience onetime windfalls like inheritances and lottery winnings. It is advisable to speak to your attorney about these kinds of situations.
What if your spouse has a cash poor/asset heavy wealth distribution?
The value of real and personal assets of your spouse will be considered in a Texas divorce it is to be their responsibility to pay you either spousal maintenance or child support. Bank account funds and the value of their stocks and mutual funds can even be considered.
I have seen situations involving business owners stating their income is far lower than what their actual level of wealth is. The reason being is that business owners can typically write off many expenses associated with their business and do so legally. This allows a valid tax return to be submitted to a court that does not take into consideration the full extent for their material well being.
Furthermore, it is common for business owners to take deductions from their company’s revenue for personal expenses. This could include your spouse’s cell phone, car expenses, health insurance and other costs that are actually associated with your spouse’s personal life.
Their taxable income goes down significantly as a result. I have seen courts take deductions that are made in these areas and add them back into the income of a spouse who is trying to avoid the full brunt of their child support or spousal maintenance responsibilities. The justification for doing so is that since your spouse would not be paying these expenses out of their own money (but that of their business), the money that would ordinarily be used to pay these expenses out of your spouse’s income are now available for the support of you and your children.
More on expenses, costs and other financial issues in divorce to be posted in tomorrow’s blog
Divorce Attorneys in Houston: Please come on back to our blog tomorrow to read more about some of the less discussed, yet very important, topics associated with finances and divorce. If you have questions about anything that you’ve read today please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We would be happy to set you up with a free of charge consultation at our office with a licensed family law attorney. We take great pride in representing the people in our community- folks just like you ... Continue Reading
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asafeatherwould · 4 years
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ATV Accident Lawyer Farmington Utah
Farmington, the seat of Davis County, is located about 16 miles north of Salt Lake City. It occupies a narrow strip of land tucked snugly against the base of the Wasatch Mountains, halfway between Salt Lake City and Ogden, with the Great Salt Lake lapping at its western shores. The community, with a population of around 22,000, is a place renowned for its tree lined streets, visual charm and a history as solid as the stone used in the construction of many of its pioneer homes. Farmington’s earliest inhabitants were Indians who stayed until the 1860’s. Fur trappers came through the Farmington area as early as 1825, and were followed by explorers and emigrants in the 1840’s. Soon after arriving in the Salt Lake Valley with the Mormon Pioneers in 1847, Hector C. Haight traveled north to graze cattle, eventually building a log cabin and settling his family in the area. Other settlers followed over the ensuing years, naming the town North Cottonwood. The name was later changed to Farmington. In December of 1892, Farmington was incorporated as a city with a population of 1,180. By 1980, that number had increased to 4,700, and in the next 12 years the population doubled.
youtube
The five canyons above Farmington have streams that flow through the City, eventually emptying into the Great Salt Lake. Farmington Canyon offers opportunities for hiking, jogging, bicycling, snowmobiling, picnicking, horseback riding, fishing and camping. There are also horse racing and rodeo facilities at the Davis County Fairgrounds in West Farmington. Farmington is well known as the site of the State’s largest family amusement park. Lagoon, originally known as Lake Park Resort, was once on the shores of the Great Salt Lake. The City’s motto, “Historic Beginnings”, is in reference to the pioneer spirit that Farmington was settled with and that same pioneer spirit exists today. Majestic trees line the City’s Main Streets which makes it have the old town feeling. Am I Liable if someone is injured on My Property? An injured guest, customer or trespasser may be able to bring a personal injury lawsuit against you. Depending on how the person was injured and what their status was on your property, you could be held liable. Generally, the law requires landowners to maintain their property the way a reasonable person would. When the landowner fails to do so or breaches their duty of care to those entering their property, they may be negligent. Some states complicate this duty of care requirement by varying the landowner’s responsibility based on the status of the visitor. Thus, if the visitor is invited, such as a guest or customer, then the duty of care may be higher than a trespasser.
youtube
Can My Guests Sue Me?
Typically, invited guests must be warned of any hidden dangers on your property. However, you usually do not owe a duty to inspect your property for any such dangers. So, if you are aware of any potential hazards, tell your guests. Can My Customers Sue Me? This category of visitors usually enjoys the highest standard of care. These include open businesses such as stores and public facilities such as libraries. Even if a visitor does not purchase your product or service, they are still entitled to the standard of care while visiting your property. Like the social guest, landowners must make customers aware of any hidden dangers such as uneven floors or slippery surfaces. However, in addition to that warning, landowners must inspect their property and make reasonable repairs to any dangerous conditions for their customers. Can a Trespasser Sue Me? Unfortunately, an uninvited visitor is entitled to a certain duty of care. Though, it is less than the duty owed to your invited guests. Like the social guest, a landowner has a duty to warn of a danger on the property to any discovered trespasser, or trespassers they can anticipate. This warning can take the form of a sign at the entry of the property. Additionally, landowners cannot create a hazardous trap for potential trespassers that would cause the trespasser harm. Landowners owe no duty to trespassers to repair any dangerous condition or a duty to inspect the property for such dangers. For the undiscovered trespasser, the landowner only owes the duty of not intentionally trapping or harming the trespasser. Child trespassers are the exception to the general duties regarding trespassers. The attractive nuisance doctrine protects child trespassers from objects or features on a land that attracts children to the land and has dangers that are not expected due to the child’s inability to appreciate the risk. Examples include pools, abandoned vehicles, and trampolines. Whether the child is able to appreciate the risk is determined on a case by case basis in most jurisdictions. The landowner also must have been able to foresee this risk to a potential child trespasser if they are to be successfully sued. The duty of the landowner is to exercise reasonable care in eliminating or substantially reducing the risk to the trespassing child.
youtube
Should I Consult a Lawyer?
Yes. You should always talk to a lawyer. A local personal injury lawyer can help you learn about what duty you owe if you have a hazardous feature on your property to avoid future liability. If someone has been injured on your property a lawyer can advise and defend you in the event you are sued. Liability for ATV Accidents on Private Property All-terrain vehicles (ATVs) or “four wheelers” are revered for their sporting and utility capabilities, making them beneficial for farmers, yard workers and emergency response teams. There are generally very few regulations restricting their use on private property among even the youngest of drivers. However, nearly a quarter of fatal ATV accidents from 1982 through 2016 involved a child younger than 16 years old. ATVs are high-powered vehicles that can be helpful, fun and even life-saving – when they are used properly. But if a four wheeler is operated unsafely, it can cause an accident resulting in serious injury, disability or death. A Closer Look at the Potential Risks of ATVs Honda first introduced a three-wheeled All-Terrain Cycle in the U.S. in 1970 to combat the decline in motorcycle sales during winter. As demand for the three-wheeled cycle continued to grow, so too did the frequency of accidents and injuries, prompting the Consumer Product Safety Commission (CPSC) to get involved. Ultimately, 10 ATV manufacturers settled the CPSC’s federal complaint in the April 1988 Final Consent Decree, which banned three-wheel, cycles from sale. The four wheel model we are familiar with today has dominated the market ever since. While more sophisticated than its predecessor, four wheelers have several features that can contribute to safety hazards, including: • A high center of gravity and narrow wheel base, creating high rollover risk • High speed capabilities • Ability to provide ground clearance on uneven terrain • Minimal rider protection from the elements • Limited or nonexistent safety features, such as roll bars According to CPSC data from the years 2010 through 2013, an average of 77 children under the age of 16 years old and 532 adults die each year from ATV accidents. Preventing Four Wheeler Accidents Reasonable precautions can greatly reduce the risk of a serious ATV accident. The CPSC recommends the following “Rules of the Trail:” • Do not drive ATVs on paved [public] roads. • Do not allow a child under 16 to drive or ride an adult ATV. • Do not drive ATVs with a passenger or ride as a passenger. • Always wear a helmet and other protective gear such as eye protection, boots, gloves, long pants and a long-sleeved shirt. • Take a hands-on safety training course. State law and other statutory codes regarding licensing, operation and ownership of All-terrain Vehicles should always be followed. State law controls the operation of four wheelers on public property. In Utah, for example, it is illegal for anyone to ride an ATV on any public road unless it is operated for official government use, or operated by a licensed driver for agricultural use. Furthermore, in the state of Farmington, these riders are not legally required to wear helmets or other safety gear. Farmington state law regarding ATV operation does not apply to an individual’s private property and there is no age requirement for drivers.
Determining Liability for ATV Accidents
youtube
For individuals who spend a lot of time around an ATV, it can be easy to forget how dangerous these high-powered vehicles can be even under the most innocent of circumstances. When an ATV accident does occur on private property, it can be devastating for all parties involved. Although these incidents can happen in a number of different ways, they are often the result of negligence. Negligence is regarded as carelessness that directly or implicitly results in a harmful accident, and can fall into one of three legal categories: • Negligent Entrustment could apply to a parent allowing a young child or reckless teenager to drive a high-speed ATV. For this, the owner needs to know, or have reasonable cause to know, that the driver is unfit and likely to cause injury to others. • Negligent Maintenance could refer to an owner who allows riders on a vehicle they have not kept in proper condition. This could also include failure to inform a rider of known product defects. • Negligent Supervision may apply to an adult or guardian who allows children to operate a four wheeler when they are not present to observe. It is also possible that there could be comparative negligence, where both parties are assigned a percentage of liability for their perceived contributions to the cause of an injury. Any assessment of a person’s potential liability for an accident should be discussed with a qualified personal injury attorney. Finding Legal Representation for an ATV Accident in Farmington, Utah. Emotions run high when any person is seriously injured in an accident. Legal action may need to be brought forth against a relative or friend, or even the parents of your child’s friend. ATVs are everywhere, and just like any other vehicle or automobile, ATVs can be incredibly dangerous, causing severe injuries to innocent people. Although many ATVs do not look not much bigger than a go-cart, ATVs cause significant destruction each year. Many owners of ATVs are not careful and drive recklessly, dangerously, and in some cases, even allow minors to operate their ATVs without supervision. If you or a loved one has been injured by an ATV, you may be entitled to monetary compensation. Much like car accidents, an experienced ATV injury attorney can help inform you of your legal rights and begin the process of seeking to hold the ATV driver accountable for your injuries. ATV Accident Statistics ATV stands for all-terrain-vehicle, a misleading title as ATVs are prone to flipping and losing control on many road types and conditions. The United States Consumer Product Commission estimates there are around 100,000 ATV related emergency injuries each year in the United States. Sadly, there are also around 500 annual ATV related deaths in the United States, with nearly a quarter of these happening to children under the age of 16. These numbers are expected to grow as ATVs become increasingly readily available and more people are purchasing ATVs for mere recreational use. ATVs are made to look friendly and fun, like a ride at a theme park, but in many cases, the dangers of ATVs are not fully appreciated or known. ATVs are not merely toys, as evidenced by the high number of accidents and deaths caused by ATVs and their drivers each year in the United States. Drivers and owners of ATVs are required, much like car drivers, to be alert and safe when driving. Therefore, any violation of safety may cause the ATV driver to be liable to you in damages.
Common Causes Of ATV Accidents The most common causes of ATV accidents are: • Drunk ATV Driving • Recklessness or Negligence (not driving safely) • Distracted ATV Driving • Underage ATV Driving • Riding on improper roads for ATVs • Improper ATV training or driving ability ATV Accident Lawsuits If someone in an ATV drives into you, causing your injury, they may be liable for your injuries. This can most likely result in a personal injury civil lawsuit against the driver of the ATV. If the ATV owner allows an underage or unlicensed driver to use the ATV, causing your injury, you may be able to hold the owner and the driver liable for your injuries in a similar lawsuit. In the case of a faulty ATV, such as a manufacturing defect that attributes to the accident, you may be able to hold the ATV manufacturer liable for your injuries, as well as the ATV owner if there was a combination of fault. Your attorney may counsel you on which parties to sue, and can conduct in-depth investigations and discovery to acquire evidence in the hands of the other parties in order to demonstrate their fault, as well as recreate the surrounding factual circumstances of the accident.
Farmington Utah ATV Accident Lawyer
When you need legal help with an ATV accident in Farmington Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
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Source: https://www.ascentlawfirm.com/atv-accident-lawyer-farmington-utah/
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melissawalker01 · 4 years
Text
ATV Accident Lawyer Farmington Utah
Farmington, the seat of Davis County, is located about 16 miles north of Salt Lake City. It occupies a narrow strip of land tucked snugly against the base of the Wasatch Mountains, halfway between Salt Lake City and Ogden, with the Great Salt Lake lapping at its western shores. The community, with a population of around 22,000, is a place renowned for its tree lined streets, visual charm and a history as solid as the stone used in the construction of many of its pioneer homes. Farmington’s earliest inhabitants were Indians who stayed until the 1860’s. Fur trappers came through the Farmington area as early as 1825, and were followed by explorers and emigrants in the 1840’s. Soon after arriving in the Salt Lake Valley with the Mormon Pioneers in 1847, Hector C. Haight traveled north to graze cattle, eventually building a log cabin and settling his family in the area. Other settlers followed over the ensuing years, naming the town North Cottonwood. The name was later changed to Farmington. In December of 1892, Farmington was incorporated as a city with a population of 1,180. By 1980, that number had increased to 4,700, and in the next 12 years the population doubled.
youtube
The five canyons above Farmington have streams that flow through the City, eventually emptying into the Great Salt Lake. Farmington Canyon offers opportunities for hiking, jogging, bicycling, snowmobiling, picnicking, horseback riding, fishing and camping. There are also horse racing and rodeo facilities at the Davis County Fairgrounds in West Farmington. Farmington is well known as the site of the State’s largest family amusement park. Lagoon, originally known as Lake Park Resort, was once on the shores of the Great Salt Lake. The City’s motto, “Historic Beginnings”, is in reference to the pioneer spirit that Farmington was settled with and that same pioneer spirit exists today. Majestic trees line the City’s Main Streets which makes it have the old town feeling. Am I Liable if someone is injured on My Property? An injured guest, customer or trespasser may be able to bring a personal injury lawsuit against you. Depending on how the person was injured and what their status was on your property, you could be held liable. Generally, the law requires landowners to maintain their property the way a reasonable person would. When the landowner fails to do so or breaches their duty of care to those entering their property, they may be negligent. Some states complicate this duty of care requirement by varying the landowner’s responsibility based on the status of the visitor. Thus, if the visitor is invited, such as a guest or customer, then the duty of care may be higher than a trespasser.
youtube
Can My Guests Sue Me?
Typically, invited guests must be warned of any hidden dangers on your property. However, you usually do not owe a duty to inspect your property for any such dangers. So, if you are aware of any potential hazards, tell your guests. Can My Customers Sue Me? This category of visitors usually enjoys the highest standard of care. These include open businesses such as stores and public facilities such as libraries. Even if a visitor does not purchase your product or service, they are still entitled to the standard of care while visiting your property. Like the social guest, landowners must make customers aware of any hidden dangers such as uneven floors or slippery surfaces. However, in addition to that warning, landowners must inspect their property and make reasonable repairs to any dangerous conditions for their customers. Can a Trespasser Sue Me? Unfortunately, an uninvited visitor is entitled to a certain duty of care. Though, it is less than the duty owed to your invited guests. Like the social guest, a landowner has a duty to warn of a danger on the property to any discovered trespasser, or trespassers they can anticipate. This warning can take the form of a sign at the entry of the property. Additionally, landowners cannot create a hazardous trap for potential trespassers that would cause the trespasser harm. Landowners owe no duty to trespassers to repair any dangerous condition or a duty to inspect the property for such dangers. For the undiscovered trespasser, the landowner only owes the duty of not intentionally trapping or harming the trespasser. Child trespassers are the exception to the general duties regarding trespassers. The attractive nuisance doctrine protects child trespassers from objects or features on a land that attracts children to the land and has dangers that are not expected due to the child’s inability to appreciate the risk. Examples include pools, abandoned vehicles, and trampolines. Whether the child is able to appreciate the risk is determined on a case by case basis in most jurisdictions. The landowner also must have been able to foresee this risk to a potential child trespasser if they are to be successfully sued. The duty of the landowner is to exercise reasonable care in eliminating or substantially reducing the risk to the trespassing child.
youtube
Should I Consult a Lawyer?
Yes. You should always talk to a lawyer. A local personal injury lawyer can help you learn about what duty you owe if you have a hazardous feature on your property to avoid future liability. If someone has been injured on your property a lawyer can advise and defend you in the event you are sued. Liability for ATV Accidents on Private Property All-terrain vehicles (ATVs) or “four wheelers” are revered for their sporting and utility capabilities, making them beneficial for farmers, yard workers and emergency response teams. There are generally very few regulations restricting their use on private property among even the youngest of drivers. However, nearly a quarter of fatal ATV accidents from 1982 through 2016 involved a child younger than 16 years old. ATVs are high-powered vehicles that can be helpful, fun and even life-saving – when they are used properly. But if a four wheeler is operated unsafely, it can cause an accident resulting in serious injury, disability or death. A Closer Look at the Potential Risks of ATVs Honda first introduced a three-wheeled All-Terrain Cycle in the U.S. in 1970 to combat the decline in motorcycle sales during winter. As demand for the three-wheeled cycle continued to grow, so too did the frequency of accidents and injuries, prompting the Consumer Product Safety Commission (CPSC) to get involved. Ultimately, 10 ATV manufacturers settled the CPSC’s federal complaint in the April 1988 Final Consent Decree, which banned three-wheel, cycles from sale. The four wheel model we are familiar with today has dominated the market ever since. While more sophisticated than its predecessor, four wheelers have several features that can contribute to safety hazards, including: • A high center of gravity and narrow wheel base, creating high rollover risk • High speed capabilities • Ability to provide ground clearance on uneven terrain • Minimal rider protection from the elements • Limited or nonexistent safety features, such as roll bars According to CPSC data from the years 2010 through 2013, an average of 77 children under the age of 16 years old and 532 adults die each year from ATV accidents. Preventing Four Wheeler Accidents Reasonable precautions can greatly reduce the risk of a serious ATV accident. The CPSC recommends the following “Rules of the Trail:” • Do not drive ATVs on paved [public] roads. • Do not allow a child under 16 to drive or ride an adult ATV. • Do not drive ATVs with a passenger or ride as a passenger. • Always wear a helmet and other protective gear such as eye protection, boots, gloves, long pants and a long-sleeved shirt. • Take a hands-on safety training course. State law and other statutory codes regarding licensing, operation and ownership of All-terrain Vehicles should always be followed. State law controls the operation of four wheelers on public property. In Utah, for example, it is illegal for anyone to ride an ATV on any public road unless it is operated for official government use, or operated by a licensed driver for agricultural use. Furthermore, in the state of Farmington, these riders are not legally required to wear helmets or other safety gear. Farmington state law regarding ATV operation does not apply to an individual’s private property and there is no age requirement for drivers.
Determining Liability for ATV Accidents
youtube
For individuals who spend a lot of time around an ATV, it can be easy to forget how dangerous these high-powered vehicles can be even under the most innocent of circumstances. When an ATV accident does occur on private property, it can be devastating for all parties involved. Although these incidents can happen in a number of different ways, they are often the result of negligence. Negligence is regarded as carelessness that directly or implicitly results in a harmful accident, and can fall into one of three legal categories: • Negligent Entrustment could apply to a parent allowing a young child or reckless teenager to drive a high-speed ATV. For this, the owner needs to know, or have reasonable cause to know, that the driver is unfit and likely to cause injury to others. • Negligent Maintenance could refer to an owner who allows riders on a vehicle they have not kept in proper condition. This could also include failure to inform a rider of known product defects. • Negligent Supervision may apply to an adult or guardian who allows children to operate a four wheeler when they are not present to observe. It is also possible that there could be comparative negligence, where both parties are assigned a percentage of liability for their perceived contributions to the cause of an injury. Any assessment of a person’s potential liability for an accident should be discussed with a qualified personal injury attorney. Finding Legal Representation for an ATV Accident in Farmington, Utah. Emotions run high when any person is seriously injured in an accident. Legal action may need to be brought forth against a relative or friend, or even the parents of your child’s friend. ATVs are everywhere, and just like any other vehicle or automobile, ATVs can be incredibly dangerous, causing severe injuries to innocent people. Although many ATVs do not look not much bigger than a go-cart, ATVs cause significant destruction each year. Many owners of ATVs are not careful and drive recklessly, dangerously, and in some cases, even allow minors to operate their ATVs without supervision. If you or a loved one has been injured by an ATV, you may be entitled to monetary compensation. Much like car accidents, an experienced ATV injury attorney can help inform you of your legal rights and begin the process of seeking to hold the ATV driver accountable for your injuries. ATV Accident Statistics ATV stands for all-terrain-vehicle, a misleading title as ATVs are prone to flipping and losing control on many road types and conditions. The United States Consumer Product Commission estimates there are around 100,000 ATV related emergency injuries each year in the United States. Sadly, there are also around 500 annual ATV related deaths in the United States, with nearly a quarter of these happening to children under the age of 16. These numbers are expected to grow as ATVs become increasingly readily available and more people are purchasing ATVs for mere recreational use. ATVs are made to look friendly and fun, like a ride at a theme park, but in many cases, the dangers of ATVs are not fully appreciated or known. ATVs are not merely toys, as evidenced by the high number of accidents and deaths caused by ATVs and their drivers each year in the United States. Drivers and owners of ATVs are required, much like car drivers, to be alert and safe when driving. Therefore, any violation of safety may cause the ATV driver to be liable to you in damages.
Common Causes Of ATV Accidents The most common causes of ATV accidents are: • Drunk ATV Driving • Recklessness or Negligence (not driving safely) • Distracted ATV Driving • Underage ATV Driving • Riding on improper roads for ATVs • Improper ATV training or driving ability ATV Accident Lawsuits If someone in an ATV drives into you, causing your injury, they may be liable for your injuries. This can most likely result in a personal injury civil lawsuit against the driver of the ATV. If the ATV owner allows an underage or unlicensed driver to use the ATV, causing your injury, you may be able to hold the owner and the driver liable for your injuries in a similar lawsuit. In the case of a faulty ATV, such as a manufacturing defect that attributes to the accident, you may be able to hold the ATV manufacturer liable for your injuries, as well as the ATV owner if there was a combination of fault. Your attorney may counsel you on which parties to sue, and can conduct in-depth investigations and discovery to acquire evidence in the hands of the other parties in order to demonstrate their fault, as well as recreate the surrounding factual circumstances of the accident.
Farmington Utah ATV Accident Lawyer
When you need legal help with an ATV accident in Farmington Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Is A Loan Modification Bad For Your Credit?
Taxes And Divorce
Debt Collection Lawyer
Attorney Utah
Foreclosure Lawyer South Jordan Utah
Self Storage Unit Lien Law
from Michael Anderson https://www.ascentlawfirm.com/atv-accident-lawyer-farmington-utah/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/614796836353523712
0 notes
advertphoto · 4 years
Text
ATV Accident Lawyer Farmington Utah
Farmington, the seat of Davis County, is located about 16 miles north of Salt Lake City. It occupies a narrow strip of land tucked snugly against the base of the Wasatch Mountains, halfway between Salt Lake City and Ogden, with the Great Salt Lake lapping at its western shores. The community, with a population of around 22,000, is a place renowned for its tree lined streets, visual charm and a history as solid as the stone used in the construction of many of its pioneer homes. Farmington’s earliest inhabitants were Indians who stayed until the 1860’s. Fur trappers came through the Farmington area as early as 1825, and were followed by explorers and emigrants in the 1840’s. Soon after arriving in the Salt Lake Valley with the Mormon Pioneers in 1847, Hector C. Haight traveled north to graze cattle, eventually building a log cabin and settling his family in the area. Other settlers followed over the ensuing years, naming the town North Cottonwood. The name was later changed to Farmington. In December of 1892, Farmington was incorporated as a city with a population of 1,180. By 1980, that number had increased to 4,700, and in the next 12 years the population doubled.
youtube
The five canyons above Farmington have streams that flow through the City, eventually emptying into the Great Salt Lake. Farmington Canyon offers opportunities for hiking, jogging, bicycling, snowmobiling, picnicking, horseback riding, fishing and camping. There are also horse racing and rodeo facilities at the Davis County Fairgrounds in West Farmington. Farmington is well known as the site of the State’s largest family amusement park. Lagoon, originally known as Lake Park Resort, was once on the shores of the Great Salt Lake. The City’s motto, “Historic Beginnings”, is in reference to the pioneer spirit that Farmington was settled with and that same pioneer spirit exists today. Majestic trees line the City’s Main Streets which makes it have the old town feeling. Am I Liable if someone is injured on My Property? An injured guest, customer or trespasser may be able to bring a personal injury lawsuit against you. Depending on how the person was injured and what their status was on your property, you could be held liable. Generally, the law requires landowners to maintain their property the way a reasonable person would. When the landowner fails to do so or breaches their duty of care to those entering their property, they may be negligent. Some states complicate this duty of care requirement by varying the landowner’s responsibility based on the status of the visitor. Thus, if the visitor is invited, such as a guest or customer, then the duty of care may be higher than a trespasser.
youtube
Can My Guests Sue Me?
Typically, invited guests must be warned of any hidden dangers on your property. However, you usually do not owe a duty to inspect your property for any such dangers. So, if you are aware of any potential hazards, tell your guests. Can My Customers Sue Me? This category of visitors usually enjoys the highest standard of care. These include open businesses such as stores and public facilities such as libraries. Even if a visitor does not purchase your product or service, they are still entitled to the standard of care while visiting your property. Like the social guest, landowners must make customers aware of any hidden dangers such as uneven floors or slippery surfaces. However, in addition to that warning, landowners must inspect their property and make reasonable repairs to any dangerous conditions for their customers. Can a Trespasser Sue Me? Unfortunately, an uninvited visitor is entitled to a certain duty of care. Though, it is less than the duty owed to your invited guests. Like the social guest, a landowner has a duty to warn of a danger on the property to any discovered trespasser, or trespassers they can anticipate. This warning can take the form of a sign at the entry of the property. Additionally, landowners cannot create a hazardous trap for potential trespassers that would cause the trespasser harm. Landowners owe no duty to trespassers to repair any dangerous condition or a duty to inspect the property for such dangers. For the undiscovered trespasser, the landowner only owes the duty of not intentionally trapping or harming the trespasser. Child trespassers are the exception to the general duties regarding trespassers. The attractive nuisance doctrine protects child trespassers from objects or features on a land that attracts children to the land and has dangers that are not expected due to the child’s inability to appreciate the risk. Examples include pools, abandoned vehicles, and trampolines. Whether the child is able to appreciate the risk is determined on a case by case basis in most jurisdictions. The landowner also must have been able to foresee this risk to a potential child trespasser if they are to be successfully sued. The duty of the landowner is to exercise reasonable care in eliminating or substantially reducing the risk to the trespassing child.
youtube
Should I Consult a Lawyer?
Yes. You should always talk to a lawyer. A local personal injury lawyer can help you learn about what duty you owe if you have a hazardous feature on your property to avoid future liability. If someone has been injured on your property a lawyer can advise and defend you in the event you are sued. Liability for ATV Accidents on Private Property All-terrain vehicles (ATVs) or “four wheelers” are revered for their sporting and utility capabilities, making them beneficial for farmers, yard workers and emergency response teams. There are generally very few regulations restricting their use on private property among even the youngest of drivers. However, nearly a quarter of fatal ATV accidents from 1982 through 2016 involved a child younger than 16 years old. ATVs are high-powered vehicles that can be helpful, fun and even life-saving – when they are used properly. But if a four wheeler is operated unsafely, it can cause an accident resulting in serious injury, disability or death. A Closer Look at the Potential Risks of ATVs Honda first introduced a three-wheeled All-Terrain Cycle in the U.S. in 1970 to combat the decline in motorcycle sales during winter. As demand for the three-wheeled cycle continued to grow, so too did the frequency of accidents and injuries, prompting the Consumer Product Safety Commission (CPSC) to get involved. Ultimately, 10 ATV manufacturers settled the CPSC’s federal complaint in the April 1988 Final Consent Decree, which banned three-wheel, cycles from sale. The four wheel model we are familiar with today has dominated the market ever since. While more sophisticated than its predecessor, four wheelers have several features that can contribute to safety hazards, including: • A high center of gravity and narrow wheel base, creating high rollover risk • High speed capabilities • Ability to provide ground clearance on uneven terrain • Minimal rider protection from the elements • Limited or nonexistent safety features, such as roll bars According to CPSC data from the years 2010 through 2013, an average of 77 children under the age of 16 years old and 532 adults die each year from ATV accidents. Preventing Four Wheeler Accidents Reasonable precautions can greatly reduce the risk of a serious ATV accident. The CPSC recommends the following “Rules of the Trail:” • Do not drive ATVs on paved [public] roads. • Do not allow a child under 16 to drive or ride an adult ATV. • Do not drive ATVs with a passenger or ride as a passenger. • Always wear a helmet and other protective gear such as eye protection, boots, gloves, long pants and a long-sleeved shirt. • Take a hands-on safety training course. State law and other statutory codes regarding licensing, operation and ownership of All-terrain Vehicles should always be followed. State law controls the operation of four wheelers on public property. In Utah, for example, it is illegal for anyone to ride an ATV on any public road unless it is operated for official government use, or operated by a licensed driver for agricultural use. Furthermore, in the state of Farmington, these riders are not legally required to wear helmets or other safety gear. Farmington state law regarding ATV operation does not apply to an individual’s private property and there is no age requirement for drivers.
Determining Liability for ATV Accidents
youtube
For individuals who spend a lot of time around an ATV, it can be easy to forget how dangerous these high-powered vehicles can be even under the most innocent of circumstances. When an ATV accident does occur on private property, it can be devastating for all parties involved. Although these incidents can happen in a number of different ways, they are often the result of negligence. Negligence is regarded as carelessness that directly or implicitly results in a harmful accident, and can fall into one of three legal categories: • Negligent Entrustment could apply to a parent allowing a young child or reckless teenager to drive a high-speed ATV. For this, the owner needs to know, or have reasonable cause to know, that the driver is unfit and likely to cause injury to others. • Negligent Maintenance could refer to an owner who allows riders on a vehicle they have not kept in proper condition. This could also include failure to inform a rider of known product defects. • Negligent Supervision may apply to an adult or guardian who allows children to operate a four wheeler when they are not present to observe. It is also possible that there could be comparative negligence, where both parties are assigned a percentage of liability for their perceived contributions to the cause of an injury. Any assessment of a person’s potential liability for an accident should be discussed with a qualified personal injury attorney. Finding Legal Representation for an ATV Accident in Farmington, Utah. Emotions run high when any person is seriously injured in an accident. Legal action may need to be brought forth against a relative or friend, or even the parents of your child’s friend. ATVs are everywhere, and just like any other vehicle or automobile, ATVs can be incredibly dangerous, causing severe injuries to innocent people. Although many ATVs do not look not much bigger than a go-cart, ATVs cause significant destruction each year. Many owners of ATVs are not careful and drive recklessly, dangerously, and in some cases, even allow minors to operate their ATVs without supervision. If you or a loved one has been injured by an ATV, you may be entitled to monetary compensation. Much like car accidents, an experienced ATV injury attorney can help inform you of your legal rights and begin the process of seeking to hold the ATV driver accountable for your injuries. ATV Accident Statistics ATV stands for all-terrain-vehicle, a misleading title as ATVs are prone to flipping and losing control on many road types and conditions. The United States Consumer Product Commission estimates there are around 100,000 ATV related emergency injuries each year in the United States. Sadly, there are also around 500 annual ATV related deaths in the United States, with nearly a quarter of these happening to children under the age of 16. These numbers are expected to grow as ATVs become increasingly readily available and more people are purchasing ATVs for mere recreational use. ATVs are made to look friendly and fun, like a ride at a theme park, but in many cases, the dangers of ATVs are not fully appreciated or known. ATVs are not merely toys, as evidenced by the high number of accidents and deaths caused by ATVs and their drivers each year in the United States. Drivers and owners of ATVs are required, much like car drivers, to be alert and safe when driving. Therefore, any violation of safety may cause the ATV driver to be liable to you in damages.
Common Causes Of ATV Accidents The most common causes of ATV accidents are: • Drunk ATV Driving • Recklessness or Negligence (not driving safely) • Distracted ATV Driving • Underage ATV Driving • Riding on improper roads for ATVs • Improper ATV training or driving ability ATV Accident Lawsuits If someone in an ATV drives into you, causing your injury, they may be liable for your injuries. This can most likely result in a personal injury civil lawsuit against the driver of the ATV. If the ATV owner allows an underage or unlicensed driver to use the ATV, causing your injury, you may be able to hold the owner and the driver liable for your injuries in a similar lawsuit. In the case of a faulty ATV, such as a manufacturing defect that attributes to the accident, you may be able to hold the ATV manufacturer liable for your injuries, as well as the ATV owner if there was a combination of fault. Your attorney may counsel you on which parties to sue, and can conduct in-depth investigations and discovery to acquire evidence in the hands of the other parties in order to demonstrate their fault, as well as recreate the surrounding factual circumstances of the accident.
Farmington Utah ATV Accident Lawyer
When you need legal help with an ATV accident in Farmington Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Is A Loan Modification Bad For Your Credit?
Taxes And Divorce
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Source: https://www.ascentlawfirm.com/atv-accident-lawyer-farmington-utah/
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michaeljames1221 · 4 years
Text
ATV Accident Lawyer Farmington Utah
Farmington, the seat of Davis County, is located about 16 miles north of Salt Lake City. It occupies a narrow strip of land tucked snugly against the base of the Wasatch Mountains, halfway between Salt Lake City and Ogden, with the Great Salt Lake lapping at its western shores. The community, with a population of around 22,000, is a place renowned for its tree lined streets, visual charm and a history as solid as the stone used in the construction of many of its pioneer homes. Farmington’s earliest inhabitants were Indians who stayed until the 1860’s. Fur trappers came through the Farmington area as early as 1825, and were followed by explorers and emigrants in the 1840’s. Soon after arriving in the Salt Lake Valley with the Mormon Pioneers in 1847, Hector C. Haight traveled north to graze cattle, eventually building a log cabin and settling his family in the area. Other settlers followed over the ensuing years, naming the town North Cottonwood. The name was later changed to Farmington. In December of 1892, Farmington was incorporated as a city with a population of 1,180. By 1980, that number had increased to 4,700, and in the next 12 years the population doubled.
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The five canyons above Farmington have streams that flow through the City, eventually emptying into the Great Salt Lake. Farmington Canyon offers opportunities for hiking, jogging, bicycling, snowmobiling, picnicking, horseback riding, fishing and camping. There are also horse racing and rodeo facilities at the Davis County Fairgrounds in West Farmington. Farmington is well known as the site of the State’s largest family amusement park. Lagoon, originally known as Lake Park Resort, was once on the shores of the Great Salt Lake. The City’s motto, “Historic Beginnings”, is in reference to the pioneer spirit that Farmington was settled with and that same pioneer spirit exists today. Majestic trees line the City’s Main Streets which makes it have the old town feeling. Am I Liable if someone is injured on My Property? An injured guest, customer or trespasser may be able to bring a personal injury lawsuit against you. Depending on how the person was injured and what their status was on your property, you could be held liable. Generally, the law requires landowners to maintain their property the way a reasonable person would. When the landowner fails to do so or breaches their duty of care to those entering their property, they may be negligent. Some states complicate this duty of care requirement by varying the landowner’s responsibility based on the status of the visitor. Thus, if the visitor is invited, such as a guest or customer, then the duty of care may be higher than a trespasser.
youtube
Can My Guests Sue Me?
Typically, invited guests must be warned of any hidden dangers on your property. However, you usually do not owe a duty to inspect your property for any such dangers. So, if you are aware of any potential hazards, tell your guests. Can My Customers Sue Me? This category of visitors usually enjoys the highest standard of care. These include open businesses such as stores and public facilities such as libraries. Even if a visitor does not purchase your product or service, they are still entitled to the standard of care while visiting your property. Like the social guest, landowners must make customers aware of any hidden dangers such as uneven floors or slippery surfaces. However, in addition to that warning, landowners must inspect their property and make reasonable repairs to any dangerous conditions for their customers. Can a Trespasser Sue Me? Unfortunately, an uninvited visitor is entitled to a certain duty of care. Though, it is less than the duty owed to your invited guests. Like the social guest, a landowner has a duty to warn of a danger on the property to any discovered trespasser, or trespassers they can anticipate. This warning can take the form of a sign at the entry of the property. Additionally, landowners cannot create a hazardous trap for potential trespassers that would cause the trespasser harm. Landowners owe no duty to trespassers to repair any dangerous condition or a duty to inspect the property for such dangers. For the undiscovered trespasser, the landowner only owes the duty of not intentionally trapping or harming the trespasser. Child trespassers are the exception to the general duties regarding trespassers. The attractive nuisance doctrine protects child trespassers from objects or features on a land that attracts children to the land and has dangers that are not expected due to the child’s inability to appreciate the risk. Examples include pools, abandoned vehicles, and trampolines. Whether the child is able to appreciate the risk is determined on a case by case basis in most jurisdictions. The landowner also must have been able to foresee this risk to a potential child trespasser if they are to be successfully sued. The duty of the landowner is to exercise reasonable care in eliminating or substantially reducing the risk to the trespassing child.
youtube
Should I Consult a Lawyer?
Yes. You should always talk to a lawyer. A local personal injury lawyer can help you learn about what duty you owe if you have a hazardous feature on your property to avoid future liability. If someone has been injured on your property a lawyer can advise and defend you in the event you are sued. Liability for ATV Accidents on Private Property All-terrain vehicles (ATVs) or “four wheelers” are revered for their sporting and utility capabilities, making them beneficial for farmers, yard workers and emergency response teams. There are generally very few regulations restricting their use on private property among even the youngest of drivers. However, nearly a quarter of fatal ATV accidents from 1982 through 2016 involved a child younger than 16 years old. ATVs are high-powered vehicles that can be helpful, fun and even life-saving – when they are used properly. But if a four wheeler is operated unsafely, it can cause an accident resulting in serious injury, disability or death. A Closer Look at the Potential Risks of ATVs Honda first introduced a three-wheeled All-Terrain Cycle in the U.S. in 1970 to combat the decline in motorcycle sales during winter. As demand for the three-wheeled cycle continued to grow, so too did the frequency of accidents and injuries, prompting the Consumer Product Safety Commission (CPSC) to get involved. Ultimately, 10 ATV manufacturers settled the CPSC’s federal complaint in the April 1988 Final Consent Decree, which banned three-wheel, cycles from sale. The four wheel model we are familiar with today has dominated the market ever since. While more sophisticated than its predecessor, four wheelers have several features that can contribute to safety hazards, including: • A high center of gravity and narrow wheel base, creating high rollover risk • High speed capabilities • Ability to provide ground clearance on uneven terrain • Minimal rider protection from the elements • Limited or nonexistent safety features, such as roll bars According to CPSC data from the years 2010 through 2013, an average of 77 children under the age of 16 years old and 532 adults die each year from ATV accidents. Preventing Four Wheeler Accidents Reasonable precautions can greatly reduce the risk of a serious ATV accident. The CPSC recommends the following “Rules of the Trail:” • Do not drive ATVs on paved [public] roads. • Do not allow a child under 16 to drive or ride an adult ATV. • Do not drive ATVs with a passenger or ride as a passenger. • Always wear a helmet and other protective gear such as eye protection, boots, gloves, long pants and a long-sleeved shirt. • Take a hands-on safety training course. State law and other statutory codes regarding licensing, operation and ownership of All-terrain Vehicles should always be followed. State law controls the operation of four wheelers on public property. In Utah, for example, it is illegal for anyone to ride an ATV on any public road unless it is operated for official government use, or operated by a licensed driver for agricultural use. Furthermore, in the state of Farmington, these riders are not legally required to wear helmets or other safety gear. Farmington state law regarding ATV operation does not apply to an individual’s private property and there is no age requirement for drivers.
Determining Liability for ATV Accidents
youtube
For individuals who spend a lot of time around an ATV, it can be easy to forget how dangerous these high-powered vehicles can be even under the most innocent of circumstances. When an ATV accident does occur on private property, it can be devastating for all parties involved. Although these incidents can happen in a number of different ways, they are often the result of negligence. Negligence is regarded as carelessness that directly or implicitly results in a harmful accident, and can fall into one of three legal categories: • Negligent Entrustment could apply to a parent allowing a young child or reckless teenager to drive a high-speed ATV. For this, the owner needs to know, or have reasonable cause to know, that the driver is unfit and likely to cause injury to others. • Negligent Maintenance could refer to an owner who allows riders on a vehicle they have not kept in proper condition. This could also include failure to inform a rider of known product defects. • Negligent Supervision may apply to an adult or guardian who allows children to operate a four wheeler when they are not present to observe. It is also possible that there could be comparative negligence, where both parties are assigned a percentage of liability for their perceived contributions to the cause of an injury. Any assessment of a person’s potential liability for an accident should be discussed with a qualified personal injury attorney. Finding Legal Representation for an ATV Accident in Farmington, Utah. Emotions run high when any person is seriously injured in an accident. Legal action may need to be brought forth against a relative or friend, or even the parents of your child’s friend. ATVs are everywhere, and just like any other vehicle or automobile, ATVs can be incredibly dangerous, causing severe injuries to innocent people. Although many ATVs do not look not much bigger than a go-cart, ATVs cause significant destruction each year. Many owners of ATVs are not careful and drive recklessly, dangerously, and in some cases, even allow minors to operate their ATVs without supervision. If you or a loved one has been injured by an ATV, you may be entitled to monetary compensation. Much like car accidents, an experienced ATV injury attorney can help inform you of your legal rights and begin the process of seeking to hold the ATV driver accountable for your injuries. ATV Accident Statistics ATV stands for all-terrain-vehicle, a misleading title as ATVs are prone to flipping and losing control on many road types and conditions. The United States Consumer Product Commission estimates there are around 100,000 ATV related emergency injuries each year in the United States. Sadly, there are also around 500 annual ATV related deaths in the United States, with nearly a quarter of these happening to children under the age of 16. These numbers are expected to grow as ATVs become increasingly readily available and more people are purchasing ATVs for mere recreational use. ATVs are made to look friendly and fun, like a ride at a theme park, but in many cases, the dangers of ATVs are not fully appreciated or known. ATVs are not merely toys, as evidenced by the high number of accidents and deaths caused by ATVs and their drivers each year in the United States. Drivers and owners of ATVs are required, much like car drivers, to be alert and safe when driving. Therefore, any violation of safety may cause the ATV driver to be liable to you in damages.
Common Causes Of ATV Accidents The most common causes of ATV accidents are: • Drunk ATV Driving • Recklessness or Negligence (not driving safely) • Distracted ATV Driving • Underage ATV Driving • Riding on improper roads for ATVs • Improper ATV training or driving ability ATV Accident Lawsuits If someone in an ATV drives into you, causing your injury, they may be liable for your injuries. This can most likely result in a personal injury civil lawsuit against the driver of the ATV. If the ATV owner allows an underage or unlicensed driver to use the ATV, causing your injury, you may be able to hold the owner and the driver liable for your injuries in a similar lawsuit. In the case of a faulty ATV, such as a manufacturing defect that attributes to the accident, you may be able to hold the ATV manufacturer liable for your injuries, as well as the ATV owner if there was a combination of fault. Your attorney may counsel you on which parties to sue, and can conduct in-depth investigations and discovery to acquire evidence in the hands of the other parties in order to demonstrate their fault, as well as recreate the surrounding factual circumstances of the accident.
Farmington Utah ATV Accident Lawyer
When you need legal help with an ATV accident in Farmington Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Is A Loan Modification Bad For Your Credit?
Taxes And Divorce
Debt Collection Lawyer
Attorney Utah
Foreclosure Lawyer South Jordan Utah
Self Storage Unit Lien Law
from Michael Anderson https://www.ascentlawfirm.com/atv-accident-lawyer-farmington-utah/
from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2020/04/08/atv-accident-lawyer-farmington-utah/
0 notes
mayarosa47 · 4 years
Text
ATV Accident Lawyer Farmington Utah
Farmington, the seat of Davis County, is located about 16 miles north of Salt Lake City. It occupies a narrow strip of land tucked snugly against the base of the Wasatch Mountains, halfway between Salt Lake City and Ogden, with the Great Salt Lake lapping at its western shores. The community, with a population of around 22,000, is a place renowned for its tree lined streets, visual charm and a history as solid as the stone used in the construction of many of its pioneer homes. Farmington’s earliest inhabitants were Indians who stayed until the 1860’s. Fur trappers came through the Farmington area as early as 1825, and were followed by explorers and emigrants in the 1840’s. Soon after arriving in the Salt Lake Valley with the Mormon Pioneers in 1847, Hector C. Haight traveled north to graze cattle, eventually building a log cabin and settling his family in the area. Other settlers followed over the ensuing years, naming the town North Cottonwood. The name was later changed to Farmington. In December of 1892, Farmington was incorporated as a city with a population of 1,180. By 1980, that number had increased to 4,700, and in the next 12 years the population doubled.
The five canyons above Farmington have streams that flow through the City, eventually emptying into the Great Salt Lake. Farmington Canyon offers opportunities for hiking, jogging, bicycling, snowmobiling, picnicking, horseback riding, fishing and camping. There are also horse racing and rodeo facilities at the Davis County Fairgrounds in West Farmington. Farmington is well known as the site of the State’s largest family amusement park. Lagoon, originally known as Lake Park Resort, was once on the shores of the Great Salt Lake. The City’s motto, “Historic Beginnings”, is in reference to the pioneer spirit that Farmington was settled with and that same pioneer spirit exists today. Majestic trees line the City’s Main Streets which makes it have the old town feeling. Am I Liable if someone is injured on My Property? An injured guest, customer or trespasser may be able to bring a personal injury lawsuit against you. Depending on how the person was injured and what their status was on your property, you could be held liable. Generally, the law requires landowners to maintain their property the way a reasonable person would. When the landowner fails to do so or breaches their duty of care to those entering their property, they may be negligent. Some states complicate this duty of care requirement by varying the landowner’s responsibility based on the status of the visitor. Thus, if the visitor is invited, such as a guest or customer, then the duty of care may be higher than a trespasser.
Can My Guests Sue Me?
Typically, invited guests must be warned of any hidden dangers on your property. However, you usually do not owe a duty to inspect your property for any such dangers. So, if you are aware of any potential hazards, tell your guests. Can My Customers Sue Me? This category of visitors usually enjoys the highest standard of care. These include open businesses such as stores and public facilities such as libraries. Even if a visitor does not purchase your product or service, they are still entitled to the standard of care while visiting your property. Like the social guest, landowners must make customers aware of any hidden dangers such as uneven floors or slippery surfaces. However, in addition to that warning, landowners must inspect their property and make reasonable repairs to any dangerous conditions for their customers. Can a Trespasser Sue Me? Unfortunately, an uninvited visitor is entitled to a certain duty of care. Though, it is less than the duty owed to your invited guests. Like the social guest, a landowner has a duty to warn of a danger on the property to any discovered trespasser, or trespassers they can anticipate. This warning can take the form of a sign at the entry of the property. Additionally, landowners cannot create a hazardous trap for potential trespassers that would cause the trespasser harm. Landowners owe no duty to trespassers to repair any dangerous condition or a duty to inspect the property for such dangers. For the undiscovered trespasser, the landowner only owes the duty of not intentionally trapping or harming the trespasser. Child trespassers are the exception to the general duties regarding trespassers. The attractive nuisance doctrine protects child trespassers from objects or features on a land that attracts children to the land and has dangers that are not expected due to the child’s inability to appreciate the risk. Examples include pools, abandoned vehicles, and trampolines. Whether the child is able to appreciate the risk is determined on a case by case basis in most jurisdictions. The landowner also must have been able to foresee this risk to a potential child trespasser if they are to be successfully sued. The duty of the landowner is to exercise reasonable care in eliminating or substantially reducing the risk to the trespassing child.
Should I Consult a Lawyer?
Yes. You should always talk to a lawyer. A local personal injury lawyer can help you learn about what duty you owe if you have a hazardous feature on your property to avoid future liability. If someone has been injured on your property a lawyer can advise and defend you in the event you are sued. Liability for ATV Accidents on Private Property All-terrain vehicles (ATVs) or “four wheelers” are revered for their sporting and utility capabilities, making them beneficial for farmers, yard workers and emergency response teams. There are generally very few regulations restricting their use on private property among even the youngest of drivers. However, nearly a quarter of fatal ATV accidents from 1982 through 2016 involved a child younger than 16 years old. ATVs are high-powered vehicles that can be helpful, fun and even life-saving – when they are used properly. But if a four wheeler is operated unsafely, it can cause an accident resulting in serious injury, disability or death. A Closer Look at the Potential Risks of ATVs Honda first introduced a three-wheeled All-Terrain Cycle in the U.S. in 1970 to combat the decline in motorcycle sales during winter. As demand for the three-wheeled cycle continued to grow, so too did the frequency of accidents and injuries, prompting the Consumer Product Safety Commission (CPSC) to get involved. Ultimately, 10 ATV manufacturers settled the CPSC’s federal complaint in the April 1988 Final Consent Decree, which banned three-wheel, cycles from sale. The four wheel model we are familiar with today has dominated the market ever since. While more sophisticated than its predecessor, four wheelers have several features that can contribute to safety hazards, including: • A high center of gravity and narrow wheel base, creating high rollover risk • High speed capabilities • Ability to provide ground clearance on uneven terrain • Minimal rider protection from the elements • Limited or nonexistent safety features, such as roll bars According to CPSC data from the years 2010 through 2013, an average of 77 children under the age of 16 years old and 532 adults die each year from ATV accidents. Preventing Four Wheeler Accidents Reasonable precautions can greatly reduce the risk of a serious ATV accident. The CPSC recommends the following “Rules of the Trail:” • Do not drive ATVs on paved [public] roads. • Do not allow a child under 16 to drive or ride an adult ATV. • Do not drive ATVs with a passenger or ride as a passenger. • Always wear a helmet and other protective gear such as eye protection, boots, gloves, long pants and a long-sleeved shirt. • Take a hands-on safety training course. State law and other statutory codes regarding licensing, operation and ownership of All-terrain Vehicles should always be followed. State law controls the operation of four wheelers on public property. In Utah, for example, it is illegal for anyone to ride an ATV on any public road unless it is operated for official government use, or operated by a licensed driver for agricultural use. Furthermore, in the state of Farmington, these riders are not legally required to wear helmets or other safety gear. Farmington state law regarding ATV operation does not apply to an individual’s private property and there is no age requirement for drivers.
Determining Liability for ATV Accidents
For individuals who spend a lot of time around an ATV, it can be easy to forget how dangerous these high-powered vehicles can be even under the most innocent of circumstances. When an ATV accident does occur on private property, it can be devastating for all parties involved. Although these incidents can happen in a number of different ways, they are often the result of negligence. Negligence is regarded as carelessness that directly or implicitly results in a harmful accident, and can fall into one of three legal categories: • Negligent Entrustment could apply to a parent allowing a young child or reckless teenager to drive a high-speed ATV. For this, the owner needs to know, or have reasonable cause to know, that the driver is unfit and likely to cause injury to others. • Negligent Maintenance could refer to an owner who allows riders on a vehicle they have not kept in proper condition. This could also include failure to inform a rider of known product defects. • Negligent Supervision may apply to an adult or guardian who allows children to operate a four wheeler when they are not present to observe. It is also possible that there could be comparative negligence, where both parties are assigned a percentage of liability for their perceived contributions to the cause of an injury. Any assessment of a person’s potential liability for an accident should be discussed with a qualified personal injury attorney. Finding Legal Representation for an ATV Accident in Farmington, Utah. Emotions run high when any person is seriously injured in an accident. Legal action may need to be brought forth against a relative or friend, or even the parents of your child’s friend. ATVs are everywhere, and just like any other vehicle or automobile, ATVs can be incredibly dangerous, causing severe injuries to innocent people. Although many ATVs do not look not much bigger than a go-cart, ATVs cause significant destruction each year. Many owners of ATVs are not careful and drive recklessly, dangerously, and in some cases, even allow minors to operate their ATVs without supervision. If you or a loved one has been injured by an ATV, you may be entitled to monetary compensation. Much like car accidents, an experienced ATV injury attorney can help inform you of your legal rights and begin the process of seeking to hold the ATV driver accountable for your injuries. ATV Accident Statistics ATV stands for all-terrain-vehicle, a misleading title as ATVs are prone to flipping and losing control on many road types and conditions. The United States Consumer Product Commission estimates there are around 100,000 ATV related emergency injuries each year in the United States. Sadly, there are also around 500 annual ATV related deaths in the United States, with nearly a quarter of these happening to children under the age of 16. These numbers are expected to grow as ATVs become increasingly readily available and more people are purchasing ATVs for mere recreational use. ATVs are made to look friendly and fun, like a ride at a theme park, but in many cases, the dangers of ATVs are not fully appreciated or known. ATVs are not merely toys, as evidenced by the high number of accidents and deaths caused by ATVs and their drivers each year in the United States. Drivers and owners of ATVs are required, much like car drivers, to be alert and safe when driving. Therefore, any violation of safety may cause the ATV driver to be liable to you in damages.
Common Causes Of ATV Accidents The most common causes of ATV accidents are: • Drunk ATV Driving • Recklessness or Negligence (not driving safely) • Distracted ATV Driving • Underage ATV Driving • Riding on improper roads for ATVs • Improper ATV training or driving ability ATV Accident Lawsuits If someone in an ATV drives into you, causing your injury, they may be liable for your injuries. This can most likely result in a personal injury civil lawsuit against the driver of the ATV. If the ATV owner allows an underage or unlicensed driver to use the ATV, causing your injury, you may be able to hold the owner and the driver liable for your injuries in a similar lawsuit. In the case of a faulty ATV, such as a manufacturing defect that attributes to the accident, you may be able to hold the ATV manufacturer liable for your injuries, as well as the ATV owner if there was a combination of fault. Your attorney may counsel you on which parties to sue, and can conduct in-depth investigations and discovery to acquire evidence in the hands of the other parties in order to demonstrate their fault, as well as recreate the surrounding factual circumstances of the accident.
Farmington Utah ATV Accident Lawyer
When you need legal help with an ATV accident in Farmington Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Is A Loan Modification Bad For Your Credit?
Taxes And Divorce
Debt Collection Lawyer
Attorney Utah
Foreclosure Lawyer South Jordan Utah
Self Storage Unit Lien Law
from https://www.ascentlawfirm.com/atv-accident-lawyer-farmington-utah/
from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/atv-accident-lawyer-farmington-utah
0 notes
aretia · 4 years
Text
ATV Accident Lawyer Farmington Utah
Farmington, the seat of Davis County, is located about 16 miles north of Salt Lake City. It occupies a narrow strip of land tucked snugly against the base of the Wasatch Mountains, halfway between Salt Lake City and Ogden, with the Great Salt Lake lapping at its western shores. The community, with a population of around 22,000, is a place renowned for its tree lined streets, visual charm and a history as solid as the stone used in the construction of many of its pioneer homes. Farmington’s earliest inhabitants were Indians who stayed until the 1860’s. Fur trappers came through the Farmington area as early as 1825, and were followed by explorers and emigrants in the 1840’s. Soon after arriving in the Salt Lake Valley with the Mormon Pioneers in 1847, Hector C. Haight traveled north to graze cattle, eventually building a log cabin and settling his family in the area. Other settlers followed over the ensuing years, naming the town North Cottonwood. The name was later changed to Farmington. In December of 1892, Farmington was incorporated as a city with a population of 1,180. By 1980, that number had increased to 4,700, and in the next 12 years the population doubled.
youtube
The five canyons above Farmington have streams that flow through the City, eventually emptying into the Great Salt Lake. Farmington Canyon offers opportunities for hiking, jogging, bicycling, snowmobiling, picnicking, horseback riding, fishing and camping. There are also horse racing and rodeo facilities at the Davis County Fairgrounds in West Farmington. Farmington is well known as the site of the State’s largest family amusement park. Lagoon, originally known as Lake Park Resort, was once on the shores of the Great Salt Lake. The City’s motto, “Historic Beginnings”, is in reference to the pioneer spirit that Farmington was settled with and that same pioneer spirit exists today. Majestic trees line the City’s Main Streets which makes it have the old town feeling. Am I Liable if someone is injured on My Property? An injured guest, customer or trespasser may be able to bring a personal injury lawsuit against you. Depending on how the person was injured and what their status was on your property, you could be held liable. Generally, the law requires landowners to maintain their property the way a reasonable person would. When the landowner fails to do so or breaches their duty of care to those entering their property, they may be negligent. Some states complicate this duty of care requirement by varying the landowner’s responsibility based on the status of the visitor. Thus, if the visitor is invited, such as a guest or customer, then the duty of care may be higher than a trespasser.
youtube
Can My Guests Sue Me?
Typically, invited guests must be warned of any hidden dangers on your property. However, you usually do not owe a duty to inspect your property for any such dangers. So, if you are aware of any potential hazards, tell your guests. Can My Customers Sue Me? This category of visitors usually enjoys the highest standard of care. These include open businesses such as stores and public facilities such as libraries. Even if a visitor does not purchase your product or service, they are still entitled to the standard of care while visiting your property. Like the social guest, landowners must make customers aware of any hidden dangers such as uneven floors or slippery surfaces. However, in addition to that warning, landowners must inspect their property and make reasonable repairs to any dangerous conditions for their customers. Can a Trespasser Sue Me? Unfortunately, an uninvited visitor is entitled to a certain duty of care. Though, it is less than the duty owed to your invited guests. Like the social guest, a landowner has a duty to warn of a danger on the property to any discovered trespasser, or trespassers they can anticipate. This warning can take the form of a sign at the entry of the property. Additionally, landowners cannot create a hazardous trap for potential trespassers that would cause the trespasser harm. Landowners owe no duty to trespassers to repair any dangerous condition or a duty to inspect the property for such dangers. For the undiscovered trespasser, the landowner only owes the duty of not intentionally trapping or harming the trespasser. Child trespassers are the exception to the general duties regarding trespassers. The attractive nuisance doctrine protects child trespassers from objects or features on a land that attracts children to the land and has dangers that are not expected due to the child’s inability to appreciate the risk. Examples include pools, abandoned vehicles, and trampolines. Whether the child is able to appreciate the risk is determined on a case by case basis in most jurisdictions. The landowner also must have been able to foresee this risk to a potential child trespasser if they are to be successfully sued. The duty of the landowner is to exercise reasonable care in eliminating or substantially reducing the risk to the trespassing child.
youtube
Should I Consult a Lawyer?
Yes. You should always talk to a lawyer. A local personal injury lawyer can help you learn about what duty you owe if you have a hazardous feature on your property to avoid future liability. If someone has been injured on your property a lawyer can advise and defend you in the event you are sued. Liability for ATV Accidents on Private Property All-terrain vehicles (ATVs) or “four wheelers” are revered for their sporting and utility capabilities, making them beneficial for farmers, yard workers and emergency response teams. There are generally very few regulations restricting their use on private property among even the youngest of drivers. However, nearly a quarter of fatal ATV accidents from 1982 through 2016 involved a child younger than 16 years old. ATVs are high-powered vehicles that can be helpful, fun and even life-saving – when they are used properly. But if a four wheeler is operated unsafely, it can cause an accident resulting in serious injury, disability or death. A Closer Look at the Potential Risks of ATVs Honda first introduced a three-wheeled All-Terrain Cycle in the U.S. in 1970 to combat the decline in motorcycle sales during winter. As demand for the three-wheeled cycle continued to grow, so too did the frequency of accidents and injuries, prompting the Consumer Product Safety Commission (CPSC) to get involved. Ultimately, 10 ATV manufacturers settled the CPSC’s federal complaint in the April 1988 Final Consent Decree, which banned three-wheel, cycles from sale. The four wheel model we are familiar with today has dominated the market ever since. While more sophisticated than its predecessor, four wheelers have several features that can contribute to safety hazards, including: • A high center of gravity and narrow wheel base, creating high rollover risk • High speed capabilities • Ability to provide ground clearance on uneven terrain • Minimal rider protection from the elements • Limited or nonexistent safety features, such as roll bars According to CPSC data from the years 2010 through 2013, an average of 77 children under the age of 16 years old and 532 adults die each year from ATV accidents. Preventing Four Wheeler Accidents Reasonable precautions can greatly reduce the risk of a serious ATV accident. The CPSC recommends the following “Rules of the Trail:” • Do not drive ATVs on paved [public] roads. • Do not allow a child under 16 to drive or ride an adult ATV. • Do not drive ATVs with a passenger or ride as a passenger. • Always wear a helmet and other protective gear such as eye protection, boots, gloves, long pants and a long-sleeved shirt. • Take a hands-on safety training course. State law and other statutory codes regarding licensing, operation and ownership of All-terrain Vehicles should always be followed. State law controls the operation of four wheelers on public property. In Utah, for example, it is illegal for anyone to ride an ATV on any public road unless it is operated for official government use, or operated by a licensed driver for agricultural use. Furthermore, in the state of Farmington, these riders are not legally required to wear helmets or other safety gear. Farmington state law regarding ATV operation does not apply to an individual’s private property and there is no age requirement for drivers.
Determining Liability for ATV Accidents
youtube
For individuals who spend a lot of time around an ATV, it can be easy to forget how dangerous these high-powered vehicles can be even under the most innocent of circumstances. When an ATV accident does occur on private property, it can be devastating for all parties involved. Although these incidents can happen in a number of different ways, they are often the result of negligence. Negligence is regarded as carelessness that directly or implicitly results in a harmful accident, and can fall into one of three legal categories: • Negligent Entrustment could apply to a parent allowing a young child or reckless teenager to drive a high-speed ATV. For this, the owner needs to know, or have reasonable cause to know, that the driver is unfit and likely to cause injury to others. • Negligent Maintenance could refer to an owner who allows riders on a vehicle they have not kept in proper condition. This could also include failure to inform a rider of known product defects. • Negligent Supervision may apply to an adult or guardian who allows children to operate a four wheeler when they are not present to observe. It is also possible that there could be comparative negligence, where both parties are assigned a percentage of liability for their perceived contributions to the cause of an injury. Any assessment of a person’s potential liability for an accident should be discussed with a qualified personal injury attorney. Finding Legal Representation for an ATV Accident in Farmington, Utah. Emotions run high when any person is seriously injured in an accident. Legal action may need to be brought forth against a relative or friend, or even the parents of your child’s friend. ATVs are everywhere, and just like any other vehicle or automobile, ATVs can be incredibly dangerous, causing severe injuries to innocent people. Although many ATVs do not look not much bigger than a go-cart, ATVs cause significant destruction each year. Many owners of ATVs are not careful and drive recklessly, dangerously, and in some cases, even allow minors to operate their ATVs without supervision. If you or a loved one has been injured by an ATV, you may be entitled to monetary compensation. Much like car accidents, an experienced ATV injury attorney can help inform you of your legal rights and begin the process of seeking to hold the ATV driver accountable for your injuries. ATV Accident Statistics ATV stands for all-terrain-vehicle, a misleading title as ATVs are prone to flipping and losing control on many road types and conditions. The United States Consumer Product Commission estimates there are around 100,000 ATV related emergency injuries each year in the United States. Sadly, there are also around 500 annual ATV related deaths in the United States, with nearly a quarter of these happening to children under the age of 16. These numbers are expected to grow as ATVs become increasingly readily available and more people are purchasing ATVs for mere recreational use. ATVs are made to look friendly and fun, like a ride at a theme park, but in many cases, the dangers of ATVs are not fully appreciated or known. ATVs are not merely toys, as evidenced by the high number of accidents and deaths caused by ATVs and their drivers each year in the United States. Drivers and owners of ATVs are required, much like car drivers, to be alert and safe when driving. Therefore, any violation of safety may cause the ATV driver to be liable to you in damages.
Common Causes Of ATV Accidents The most common causes of ATV accidents are: • Drunk ATV Driving • Recklessness or Negligence (not driving safely) • Distracted ATV Driving • Underage ATV Driving • Riding on improper roads for ATVs • Improper ATV training or driving ability ATV Accident Lawsuits If someone in an ATV drives into you, causing your injury, they may be liable for your injuries. This can most likely result in a personal injury civil lawsuit against the driver of the ATV. If the ATV owner allows an underage or unlicensed driver to use the ATV, causing your injury, you may be able to hold the owner and the driver liable for your injuries in a similar lawsuit. In the case of a faulty ATV, such as a manufacturing defect that attributes to the accident, you may be able to hold the ATV manufacturer liable for your injuries, as well as the ATV owner if there was a combination of fault. Your attorney may counsel you on which parties to sue, and can conduct in-depth investigations and discovery to acquire evidence in the hands of the other parties in order to demonstrate their fault, as well as recreate the surrounding factual circumstances of the accident.
Farmington Utah ATV Accident Lawyer
When you need legal help with an ATV accident in Farmington Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Is A Loan Modification Bad For Your Credit?
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Source: https://www.ascentlawfirm.com/atv-accident-lawyer-farmington-utah/
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ATV Accident Lawyer Farmington Utah
Farmington, the seat of Davis County, is located about 16 miles north of Salt Lake City. It occupies a narrow strip of land tucked snugly against the base of the Wasatch Mountains, halfway between Salt Lake City and Ogden, with the Great Salt Lake lapping at its western shores. The community, with a population of around 22,000, is a place renowned for its tree lined streets, visual charm and a history as solid as the stone used in the construction of many of its pioneer homes. Farmington’s earliest inhabitants were Indians who stayed until the 1860’s. Fur trappers came through the Farmington area as early as 1825, and were followed by explorers and emigrants in the 1840’s. Soon after arriving in the Salt Lake Valley with the Mormon Pioneers in 1847, Hector C. Haight traveled north to graze cattle, eventually building a log cabin and settling his family in the area. Other settlers followed over the ensuing years, naming the town North Cottonwood. The name was later changed to Farmington. In December of 1892, Farmington was incorporated as a city with a population of 1,180. By 1980, that number had increased to 4,700, and in the next 12 years the population doubled.
youtube
The five canyons above Farmington have streams that flow through the City, eventually emptying into the Great Salt Lake. Farmington Canyon offers opportunities for hiking, jogging, bicycling, snowmobiling, picnicking, horseback riding, fishing and camping. There are also horse racing and rodeo facilities at the Davis County Fairgrounds in West Farmington. Farmington is well known as the site of the State’s largest family amusement park. Lagoon, originally known as Lake Park Resort, was once on the shores of the Great Salt Lake. The City’s motto, “Historic Beginnings”, is in reference to the pioneer spirit that Farmington was settled with and that same pioneer spirit exists today. Majestic trees line the City’s Main Streets which makes it have the old town feeling. Am I Liable if someone is injured on My Property? An injured guest, customer or trespasser may be able to bring a personal injury lawsuit against you. Depending on how the person was injured and what their status was on your property, you could be held liable. Generally, the law requires landowners to maintain their property the way a reasonable person would. When the landowner fails to do so or breaches their duty of care to those entering their property, they may be negligent. Some states complicate this duty of care requirement by varying the landowner’s responsibility based on the status of the visitor. Thus, if the visitor is invited, such as a guest or customer, then the duty of care may be higher than a trespasser.
youtube
Can My Guests Sue Me?
Typically, invited guests must be warned of any hidden dangers on your property. However, you usually do not owe a duty to inspect your property for any such dangers. So, if you are aware of any potential hazards, tell your guests. Can My Customers Sue Me? This category of visitors usually enjoys the highest standard of care. These include open businesses such as stores and public facilities such as libraries. Even if a visitor does not purchase your product or service, they are still entitled to the standard of care while visiting your property. Like the social guest, landowners must make customers aware of any hidden dangers such as uneven floors or slippery surfaces. However, in addition to that warning, landowners must inspect their property and make reasonable repairs to any dangerous conditions for their customers. Can a Trespasser Sue Me? Unfortunately, an uninvited visitor is entitled to a certain duty of care. Though, it is less than the duty owed to your invited guests. Like the social guest, a landowner has a duty to warn of a danger on the property to any discovered trespasser, or trespassers they can anticipate. This warning can take the form of a sign at the entry of the property. Additionally, landowners cannot create a hazardous trap for potential trespassers that would cause the trespasser harm. Landowners owe no duty to trespassers to repair any dangerous condition or a duty to inspect the property for such dangers. For the undiscovered trespasser, the landowner only owes the duty of not intentionally trapping or harming the trespasser. Child trespassers are the exception to the general duties regarding trespassers. The attractive nuisance doctrine protects child trespassers from objects or features on a land that attracts children to the land and has dangers that are not expected due to the child’s inability to appreciate the risk. Examples include pools, abandoned vehicles, and trampolines. Whether the child is able to appreciate the risk is determined on a case by case basis in most jurisdictions. The landowner also must have been able to foresee this risk to a potential child trespasser if they are to be successfully sued. The duty of the landowner is to exercise reasonable care in eliminating or substantially reducing the risk to the trespassing child.
youtube
Should I Consult a Lawyer?
Yes. You should always talk to a lawyer. A local personal injury lawyer can help you learn about what duty you owe if you have a hazardous feature on your property to avoid future liability. If someone has been injured on your property a lawyer can advise and defend you in the event you are sued. Liability for ATV Accidents on Private Property All-terrain vehicles (ATVs) or “four wheelers” are revered for their sporting and utility capabilities, making them beneficial for farmers, yard workers and emergency response teams. There are generally very few regulations restricting their use on private property among even the youngest of drivers. However, nearly a quarter of fatal ATV accidents from 1982 through 2016 involved a child younger than 16 years old. ATVs are high-powered vehicles that can be helpful, fun and even life-saving – when they are used properly. But if a four wheeler is operated unsafely, it can cause an accident resulting in serious injury, disability or death. A Closer Look at the Potential Risks of ATVs Honda first introduced a three-wheeled All-Terrain Cycle in the U.S. in 1970 to combat the decline in motorcycle sales during winter. As demand for the three-wheeled cycle continued to grow, so too did the frequency of accidents and injuries, prompting the Consumer Product Safety Commission (CPSC) to get involved. Ultimately, 10 ATV manufacturers settled the CPSC’s federal complaint in the April 1988 Final Consent Decree, which banned three-wheel, cycles from sale. The four wheel model we are familiar with today has dominated the market ever since. While more sophisticated than its predecessor, four wheelers have several features that can contribute to safety hazards, including: • A high center of gravity and narrow wheel base, creating high rollover risk • High speed capabilities • Ability to provide ground clearance on uneven terrain • Minimal rider protection from the elements • Limited or nonexistent safety features, such as roll bars According to CPSC data from the years 2010 through 2013, an average of 77 children under the age of 16 years old and 532 adults die each year from ATV accidents. Preventing Four Wheeler Accidents Reasonable precautions can greatly reduce the risk of a serious ATV accident. The CPSC recommends the following “Rules of the Trail:” • Do not drive ATVs on paved [public] roads. • Do not allow a child under 16 to drive or ride an adult ATV. • Do not drive ATVs with a passenger or ride as a passenger. • Always wear a helmet and other protective gear such as eye protection, boots, gloves, long pants and a long-sleeved shirt. • Take a hands-on safety training course. State law and other statutory codes regarding licensing, operation and ownership of All-terrain Vehicles should always be followed. State law controls the operation of four wheelers on public property. In Utah, for example, it is illegal for anyone to ride an ATV on any public road unless it is operated for official government use, or operated by a licensed driver for agricultural use. Furthermore, in the state of Farmington, these riders are not legally required to wear helmets or other safety gear. Farmington state law regarding ATV operation does not apply to an individual’s private property and there is no age requirement for drivers.
Determining Liability for ATV Accidents
youtube
For individuals who spend a lot of time around an ATV, it can be easy to forget how dangerous these high-powered vehicles can be even under the most innocent of circumstances. When an ATV accident does occur on private property, it can be devastating for all parties involved. Although these incidents can happen in a number of different ways, they are often the result of negligence. Negligence is regarded as carelessness that directly or implicitly results in a harmful accident, and can fall into one of three legal categories: • Negligent Entrustment could apply to a parent allowing a young child or reckless teenager to drive a high-speed ATV. For this, the owner needs to know, or have reasonable cause to know, that the driver is unfit and likely to cause injury to others. • Negligent Maintenance could refer to an owner who allows riders on a vehicle they have not kept in proper condition. This could also include failure to inform a rider of known product defects. • Negligent Supervision may apply to an adult or guardian who allows children to operate a four wheeler when they are not present to observe. It is also possible that there could be comparative negligence, where both parties are assigned a percentage of liability for their perceived contributions to the cause of an injury. Any assessment of a person’s potential liability for an accident should be discussed with a qualified personal injury attorney. Finding Legal Representation for an ATV Accident in Farmington, Utah. Emotions run high when any person is seriously injured in an accident. Legal action may need to be brought forth against a relative or friend, or even the parents of your child’s friend. ATVs are everywhere, and just like any other vehicle or automobile, ATVs can be incredibly dangerous, causing severe injuries to innocent people. Although many ATVs do not look not much bigger than a go-cart, ATVs cause significant destruction each year. Many owners of ATVs are not careful and drive recklessly, dangerously, and in some cases, even allow minors to operate their ATVs without supervision. If you or a loved one has been injured by an ATV, you may be entitled to monetary compensation. Much like car accidents, an experienced ATV injury attorney can help inform you of your legal rights and begin the process of seeking to hold the ATV driver accountable for your injuries. ATV Accident Statistics ATV stands for all-terrain-vehicle, a misleading title as ATVs are prone to flipping and losing control on many road types and conditions. The United States Consumer Product Commission estimates there are around 100,000 ATV related emergency injuries each year in the United States. Sadly, there are also around 500 annual ATV related deaths in the United States, with nearly a quarter of these happening to children under the age of 16. These numbers are expected to grow as ATVs become increasingly readily available and more people are purchasing ATVs for mere recreational use. ATVs are made to look friendly and fun, like a ride at a theme park, but in many cases, the dangers of ATVs are not fully appreciated or known. ATVs are not merely toys, as evidenced by the high number of accidents and deaths caused by ATVs and their drivers each year in the United States. Drivers and owners of ATVs are required, much like car drivers, to be alert and safe when driving. Therefore, any violation of safety may cause the ATV driver to be liable to you in damages.
Common Causes Of ATV Accidents The most common causes of ATV accidents are: • Drunk ATV Driving • Recklessness or Negligence (not driving safely) • Distracted ATV Driving • Underage ATV Driving • Riding on improper roads for ATVs • Improper ATV training or driving ability ATV Accident Lawsuits If someone in an ATV drives into you, causing your injury, they may be liable for your injuries. This can most likely result in a personal injury civil lawsuit against the driver of the ATV. If the ATV owner allows an underage or unlicensed driver to use the ATV, causing your injury, you may be able to hold the owner and the driver liable for your injuries in a similar lawsuit. In the case of a faulty ATV, such as a manufacturing defect that attributes to the accident, you may be able to hold the ATV manufacturer liable for your injuries, as well as the ATV owner if there was a combination of fault. Your attorney may counsel you on which parties to sue, and can conduct in-depth investigations and discovery to acquire evidence in the hands of the other parties in order to demonstrate their fault, as well as recreate the surrounding factual circumstances of the accident.
Farmington Utah ATV Accident Lawyer
When you need legal help with an ATV accident in Farmington Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Is A Loan Modification Bad For Your Credit?
Taxes And Divorce
Debt Collection Lawyer
Attorney Utah
Foreclosure Lawyer South Jordan Utah
Self Storage Unit Lien Law
Source: https://www.ascentlawfirm.com/atv-accident-lawyer-farmington-utah/
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ATV Accident Lawyer Farmington Utah
Farmington, the seat of Davis County, is located about 16 miles north of Salt Lake City. It occupies a narrow strip of land tucked snugly against the base of the Wasatch Mountains, halfway between Salt Lake City and Ogden, with the Great Salt Lake lapping at its western shores. The community, with a population of around 22,000, is a place renowned for its tree lined streets, visual charm and a history as solid as the stone used in the construction of many of its pioneer homes. Farmington’s earliest inhabitants were Indians who stayed until the 1860’s. Fur trappers came through the Farmington area as early as 1825, and were followed by explorers and emigrants in the 1840’s. Soon after arriving in the Salt Lake Valley with the Mormon Pioneers in 1847, Hector C. Haight traveled north to graze cattle, eventually building a log cabin and settling his family in the area. Other settlers followed over the ensuing years, naming the town North Cottonwood. The name was later changed to Farmington. In December of 1892, Farmington was incorporated as a city with a population of 1,180. By 1980, that number had increased to 4,700, and in the next 12 years the population doubled.
youtube
The five canyons above Farmington have streams that flow through the City, eventually emptying into the Great Salt Lake. Farmington Canyon offers opportunities for hiking, jogging, bicycling, snowmobiling, picnicking, horseback riding, fishing and camping. There are also horse racing and rodeo facilities at the Davis County Fairgrounds in West Farmington. Farmington is well known as the site of the State’s largest family amusement park. Lagoon, originally known as Lake Park Resort, was once on the shores of the Great Salt Lake. The City’s motto, “Historic Beginnings”, is in reference to the pioneer spirit that Farmington was settled with and that same pioneer spirit exists today. Majestic trees line the City’s Main Streets which makes it have the old town feeling. Am I Liable if someone is injured on My Property? An injured guest, customer or trespasser may be able to bring a personal injury lawsuit against you. Depending on how the person was injured and what their status was on your property, you could be held liable. Generally, the law requires landowners to maintain their property the way a reasonable person would. When the landowner fails to do so or breaches their duty of care to those entering their property, they may be negligent. Some states complicate this duty of care requirement by varying the landowner’s responsibility based on the status of the visitor. Thus, if the visitor is invited, such as a guest or customer, then the duty of care may be higher than a trespasser.
youtube
Can My Guests Sue Me?
Typically, invited guests must be warned of any hidden dangers on your property. However, you usually do not owe a duty to inspect your property for any such dangers. So, if you are aware of any potential hazards, tell your guests. Can My Customers Sue Me? This category of visitors usually enjoys the highest standard of care. These include open businesses such as stores and public facilities such as libraries. Even if a visitor does not purchase your product or service, they are still entitled to the standard of care while visiting your property. Like the social guest, landowners must make customers aware of any hidden dangers such as uneven floors or slippery surfaces. However, in addition to that warning, landowners must inspect their property and make reasonable repairs to any dangerous conditions for their customers. Can a Trespasser Sue Me? Unfortunately, an uninvited visitor is entitled to a certain duty of care. Though, it is less than the duty owed to your invited guests. Like the social guest, a landowner has a duty to warn of a danger on the property to any discovered trespasser, or trespassers they can anticipate. This warning can take the form of a sign at the entry of the property. Additionally, landowners cannot create a hazardous trap for potential trespassers that would cause the trespasser harm. Landowners owe no duty to trespassers to repair any dangerous condition or a duty to inspect the property for such dangers. For the undiscovered trespasser, the landowner only owes the duty of not intentionally trapping or harming the trespasser. Child trespassers are the exception to the general duties regarding trespassers. The attractive nuisance doctrine protects child trespassers from objects or features on a land that attracts children to the land and has dangers that are not expected due to the child’s inability to appreciate the risk. Examples include pools, abandoned vehicles, and trampolines. Whether the child is able to appreciate the risk is determined on a case by case basis in most jurisdictions. The landowner also must have been able to foresee this risk to a potential child trespasser if they are to be successfully sued. The duty of the landowner is to exercise reasonable care in eliminating or substantially reducing the risk to the trespassing child.
youtube
Should I Consult a Lawyer?
Yes. You should always talk to a lawyer. A local personal injury lawyer can help you learn about what duty you owe if you have a hazardous feature on your property to avoid future liability. If someone has been injured on your property a lawyer can advise and defend you in the event you are sued. Liability for ATV Accidents on Private Property All-terrain vehicles (ATVs) or “four wheelers” are revered for their sporting and utility capabilities, making them beneficial for farmers, yard workers and emergency response teams. There are generally very few regulations restricting their use on private property among even the youngest of drivers. However, nearly a quarter of fatal ATV accidents from 1982 through 2016 involved a child younger than 16 years old. ATVs are high-powered vehicles that can be helpful, fun and even life-saving – when they are used properly. But if a four wheeler is operated unsafely, it can cause an accident resulting in serious injury, disability or death. A Closer Look at the Potential Risks of ATVs Honda first introduced a three-wheeled All-Terrain Cycle in the U.S. in 1970 to combat the decline in motorcycle sales during winter. As demand for the three-wheeled cycle continued to grow, so too did the frequency of accidents and injuries, prompting the Consumer Product Safety Commission (CPSC) to get involved. Ultimately, 10 ATV manufacturers settled the CPSC’s federal complaint in the April 1988 Final Consent Decree, which banned three-wheel, cycles from sale. The four wheel model we are familiar with today has dominated the market ever since. While more sophisticated than its predecessor, four wheelers have several features that can contribute to safety hazards, including: • A high center of gravity and narrow wheel base, creating high rollover risk • High speed capabilities • Ability to provide ground clearance on uneven terrain • Minimal rider protection from the elements • Limited or nonexistent safety features, such as roll bars According to CPSC data from the years 2010 through 2013, an average of 77 children under the age of 16 years old and 532 adults die each year from ATV accidents. Preventing Four Wheeler Accidents Reasonable precautions can greatly reduce the risk of a serious ATV accident. The CPSC recommends the following “Rules of the Trail:” • Do not drive ATVs on paved [public] roads. • Do not allow a child under 16 to drive or ride an adult ATV. • Do not drive ATVs with a passenger or ride as a passenger. • Always wear a helmet and other protective gear such as eye protection, boots, gloves, long pants and a long-sleeved shirt. • Take a hands-on safety training course. State law and other statutory codes regarding licensing, operation and ownership of All-terrain Vehicles should always be followed. State law controls the operation of four wheelers on public property. In Utah, for example, it is illegal for anyone to ride an ATV on any public road unless it is operated for official government use, or operated by a licensed driver for agricultural use. Furthermore, in the state of Farmington, these riders are not legally required to wear helmets or other safety gear. Farmington state law regarding ATV operation does not apply to an individual’s private property and there is no age requirement for drivers.
Determining Liability for ATV Accidents
youtube
For individuals who spend a lot of time around an ATV, it can be easy to forget how dangerous these high-powered vehicles can be even under the most innocent of circumstances. When an ATV accident does occur on private property, it can be devastating for all parties involved. Although these incidents can happen in a number of different ways, they are often the result of negligence. Negligence is regarded as carelessness that directly or implicitly results in a harmful accident, and can fall into one of three legal categories: • Negligent Entrustment could apply to a parent allowing a young child or reckless teenager to drive a high-speed ATV. For this, the owner needs to know, or have reasonable cause to know, that the driver is unfit and likely to cause injury to others. • Negligent Maintenance could refer to an owner who allows riders on a vehicle they have not kept in proper condition. This could also include failure to inform a rider of known product defects. • Negligent Supervision may apply to an adult or guardian who allows children to operate a four wheeler when they are not present to observe. It is also possible that there could be comparative negligence, where both parties are assigned a percentage of liability for their perceived contributions to the cause of an injury. Any assessment of a person’s potential liability for an accident should be discussed with a qualified personal injury attorney. Finding Legal Representation for an ATV Accident in Farmington, Utah. Emotions run high when any person is seriously injured in an accident. Legal action may need to be brought forth against a relative or friend, or even the parents of your child’s friend. ATVs are everywhere, and just like any other vehicle or automobile, ATVs can be incredibly dangerous, causing severe injuries to innocent people. Although many ATVs do not look not much bigger than a go-cart, ATVs cause significant destruction each year. Many owners of ATVs are not careful and drive recklessly, dangerously, and in some cases, even allow minors to operate their ATVs without supervision. If you or a loved one has been injured by an ATV, you may be entitled to monetary compensation. Much like car accidents, an experienced ATV injury attorney can help inform you of your legal rights and begin the process of seeking to hold the ATV driver accountable for your injuries. ATV Accident Statistics ATV stands for all-terrain-vehicle, a misleading title as ATVs are prone to flipping and losing control on many road types and conditions. The United States Consumer Product Commission estimates there are around 100,000 ATV related emergency injuries each year in the United States. Sadly, there are also around 500 annual ATV related deaths in the United States, with nearly a quarter of these happening to children under the age of 16. These numbers are expected to grow as ATVs become increasingly readily available and more people are purchasing ATVs for mere recreational use. ATVs are made to look friendly and fun, like a ride at a theme park, but in many cases, the dangers of ATVs are not fully appreciated or known. ATVs are not merely toys, as evidenced by the high number of accidents and deaths caused by ATVs and their drivers each year in the United States. Drivers and owners of ATVs are required, much like car drivers, to be alert and safe when driving. Therefore, any violation of safety may cause the ATV driver to be liable to you in damages.
Common Causes Of ATV Accidents The most common causes of ATV accidents are: • Drunk ATV Driving • Recklessness or Negligence (not driving safely) • Distracted ATV Driving • Underage ATV Driving • Riding on improper roads for ATVs • Improper ATV training or driving ability ATV Accident Lawsuits If someone in an ATV drives into you, causing your injury, they may be liable for your injuries. This can most likely result in a personal injury civil lawsuit against the driver of the ATV. If the ATV owner allows an underage or unlicensed driver to use the ATV, causing your injury, you may be able to hold the owner and the driver liable for your injuries in a similar lawsuit. In the case of a faulty ATV, such as a manufacturing defect that attributes to the accident, you may be able to hold the ATV manufacturer liable for your injuries, as well as the ATV owner if there was a combination of fault. Your attorney may counsel you on which parties to sue, and can conduct in-depth investigations and discovery to acquire evidence in the hands of the other parties in order to demonstrate their fault, as well as recreate the surrounding factual circumstances of the accident.
Farmington Utah ATV Accident Lawyer
When you need legal help with an ATV accident in Farmington Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
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from Michael Anderson https://www.ascentlawfirm.com/atv-accident-lawyer-farmington-utah/
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coming-from-hell · 4 years
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ATV Accident Lawyer Farmington Utah
Farmington, the seat of Davis County, is located about 16 miles north of Salt Lake City. It occupies a narrow strip of land tucked snugly against the base of the Wasatch Mountains, halfway between Salt Lake City and Ogden, with the Great Salt Lake lapping at its western shores. The community, with a population of around 22,000, is a place renowned for its tree lined streets, visual charm and a history as solid as the stone used in the construction of many of its pioneer homes. Farmington’s earliest inhabitants were Indians who stayed until the 1860’s. Fur trappers came through the Farmington area as early as 1825, and were followed by explorers and emigrants in the 1840’s. Soon after arriving in the Salt Lake Valley with the Mormon Pioneers in 1847, Hector C. Haight traveled north to graze cattle, eventually building a log cabin and settling his family in the area. Other settlers followed over the ensuing years, naming the town North Cottonwood. The name was later changed to Farmington. In December of 1892, Farmington was incorporated as a city with a population of 1,180. By 1980, that number had increased to 4,700, and in the next 12 years the population doubled.
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The five canyons above Farmington have streams that flow through the City, eventually emptying into the Great Salt Lake. Farmington Canyon offers opportunities for hiking, jogging, bicycling, snowmobiling, picnicking, horseback riding, fishing and camping. There are also horse racing and rodeo facilities at the Davis County Fairgrounds in West Farmington. Farmington is well known as the site of the State’s largest family amusement park. Lagoon, originally known as Lake Park Resort, was once on the shores of the Great Salt Lake. The City’s motto, “Historic Beginnings”, is in reference to the pioneer spirit that Farmington was settled with and that same pioneer spirit exists today. Majestic trees line the City’s Main Streets which makes it have the old town feeling. Am I Liable if someone is injured on My Property? An injured guest, customer or trespasser may be able to bring a personal injury lawsuit against you. Depending on how the person was injured and what their status was on your property, you could be held liable. Generally, the law requires landowners to maintain their property the way a reasonable person would. When the landowner fails to do so or breaches their duty of care to those entering their property, they may be negligent. Some states complicate this duty of care requirement by varying the landowner’s responsibility based on the status of the visitor. Thus, if the visitor is invited, such as a guest or customer, then the duty of care may be higher than a trespasser.
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Can My Guests Sue Me?
Typically, invited guests must be warned of any hidden dangers on your property. However, you usually do not owe a duty to inspect your property for any such dangers. So, if you are aware of any potential hazards, tell your guests. Can My Customers Sue Me? This category of visitors usually enjoys the highest standard of care. These include open businesses such as stores and public facilities such as libraries. Even if a visitor does not purchase your product or service, they are still entitled to the standard of care while visiting your property. Like the social guest, landowners must make customers aware of any hidden dangers such as uneven floors or slippery surfaces. However, in addition to that warning, landowners must inspect their property and make reasonable repairs to any dangerous conditions for their customers. Can a Trespasser Sue Me? Unfortunately, an uninvited visitor is entitled to a certain duty of care. Though, it is less than the duty owed to your invited guests. Like the social guest, a landowner has a duty to warn of a danger on the property to any discovered trespasser, or trespassers they can anticipate. This warning can take the form of a sign at the entry of the property. Additionally, landowners cannot create a hazardous trap for potential trespassers that would cause the trespasser harm. Landowners owe no duty to trespassers to repair any dangerous condition or a duty to inspect the property for such dangers. For the undiscovered trespasser, the landowner only owes the duty of not intentionally trapping or harming the trespasser. Child trespassers are the exception to the general duties regarding trespassers. The attractive nuisance doctrine protects child trespassers from objects or features on a land that attracts children to the land and has dangers that are not expected due to the child’s inability to appreciate the risk. Examples include pools, abandoned vehicles, and trampolines. Whether the child is able to appreciate the risk is determined on a case by case basis in most jurisdictions. The landowner also must have been able to foresee this risk to a potential child trespasser if they are to be successfully sued. The duty of the landowner is to exercise reasonable care in eliminating or substantially reducing the risk to the trespassing child.
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Should I Consult a Lawyer?
Yes. You should always talk to a lawyer. A local personal injury lawyer can help you learn about what duty you owe if you have a hazardous feature on your property to avoid future liability. If someone has been injured on your property a lawyer can advise and defend you in the event you are sued. Liability for ATV Accidents on Private Property All-terrain vehicles (ATVs) or “four wheelers” are revered for their sporting and utility capabilities, making them beneficial for farmers, yard workers and emergency response teams. There are generally very few regulations restricting their use on private property among even the youngest of drivers. However, nearly a quarter of fatal ATV accidents from 1982 through 2016 involved a child younger than 16 years old. ATVs are high-powered vehicles that can be helpful, fun and even life-saving – when they are used properly. But if a four wheeler is operated unsafely, it can cause an accident resulting in serious injury, disability or death. A Closer Look at the Potential Risks of ATVs Honda first introduced a three-wheeled All-Terrain Cycle in the U.S. in 1970 to combat the decline in motorcycle sales during winter. As demand for the three-wheeled cycle continued to grow, so too did the frequency of accidents and injuries, prompting the Consumer Product Safety Commission (CPSC) to get involved. Ultimately, 10 ATV manufacturers settled the CPSC’s federal complaint in the April 1988 Final Consent Decree, which banned three-wheel, cycles from sale. The four wheel model we are familiar with today has dominated the market ever since. While more sophisticated than its predecessor, four wheelers have several features that can contribute to safety hazards, including: • A high center of gravity and narrow wheel base, creating high rollover risk • High speed capabilities • Ability to provide ground clearance on uneven terrain • Minimal rider protection from the elements • Limited or nonexistent safety features, such as roll bars According to CPSC data from the years 2010 through 2013, an average of 77 children under the age of 16 years old and 532 adults die each year from ATV accidents. Preventing Four Wheeler Accidents Reasonable precautions can greatly reduce the risk of a serious ATV accident. The CPSC recommends the following “Rules of the Trail:” • Do not drive ATVs on paved [public] roads. • Do not allow a child under 16 to drive or ride an adult ATV. • Do not drive ATVs with a passenger or ride as a passenger. • Always wear a helmet and other protective gear such as eye protection, boots, gloves, long pants and a long-sleeved shirt. • Take a hands-on safety training course. State law and other statutory codes regarding licensing, operation and ownership of All-terrain Vehicles should always be followed. State law controls the operation of four wheelers on public property. In Utah, for example, it is illegal for anyone to ride an ATV on any public road unless it is operated for official government use, or operated by a licensed driver for agricultural use. Furthermore, in the state of Farmington, these riders are not legally required to wear helmets or other safety gear. Farmington state law regarding ATV operation does not apply to an individual’s private property and there is no age requirement for drivers.
Determining Liability for ATV Accidents
youtube
For individuals who spend a lot of time around an ATV, it can be easy to forget how dangerous these high-powered vehicles can be even under the most innocent of circumstances. When an ATV accident does occur on private property, it can be devastating for all parties involved. Although these incidents can happen in a number of different ways, they are often the result of negligence. Negligence is regarded as carelessness that directly or implicitly results in a harmful accident, and can fall into one of three legal categories: • Negligent Entrustment could apply to a parent allowing a young child or reckless teenager to drive a high-speed ATV. For this, the owner needs to know, or have reasonable cause to know, that the driver is unfit and likely to cause injury to others. • Negligent Maintenance could refer to an owner who allows riders on a vehicle they have not kept in proper condition. This could also include failure to inform a rider of known product defects. • Negligent Supervision may apply to an adult or guardian who allows children to operate a four wheeler when they are not present to observe. It is also possible that there could be comparative negligence, where both parties are assigned a percentage of liability for their perceived contributions to the cause of an injury. Any assessment of a person’s potential liability for an accident should be discussed with a qualified personal injury attorney. Finding Legal Representation for an ATV Accident in Farmington, Utah. Emotions run high when any person is seriously injured in an accident. Legal action may need to be brought forth against a relative or friend, or even the parents of your child’s friend. ATVs are everywhere, and just like any other vehicle or automobile, ATVs can be incredibly dangerous, causing severe injuries to innocent people. Although many ATVs do not look not much bigger than a go-cart, ATVs cause significant destruction each year. Many owners of ATVs are not careful and drive recklessly, dangerously, and in some cases, even allow minors to operate their ATVs without supervision. If you or a loved one has been injured by an ATV, you may be entitled to monetary compensation. Much like car accidents, an experienced ATV injury attorney can help inform you of your legal rights and begin the process of seeking to hold the ATV driver accountable for your injuries. ATV Accident Statistics ATV stands for all-terrain-vehicle, a misleading title as ATVs are prone to flipping and losing control on many road types and conditions. The United States Consumer Product Commission estimates there are around 100,000 ATV related emergency injuries each year in the United States. Sadly, there are also around 500 annual ATV related deaths in the United States, with nearly a quarter of these happening to children under the age of 16. These numbers are expected to grow as ATVs become increasingly readily available and more people are purchasing ATVs for mere recreational use. ATVs are made to look friendly and fun, like a ride at a theme park, but in many cases, the dangers of ATVs are not fully appreciated or known. ATVs are not merely toys, as evidenced by the high number of accidents and deaths caused by ATVs and their drivers each year in the United States. Drivers and owners of ATVs are required, much like car drivers, to be alert and safe when driving. Therefore, any violation of safety may cause the ATV driver to be liable to you in damages.
Common Causes Of ATV Accidents The most common causes of ATV accidents are: • Drunk ATV Driving • Recklessness or Negligence (not driving safely) • Distracted ATV Driving • Underage ATV Driving • Riding on improper roads for ATVs • Improper ATV training or driving ability ATV Accident Lawsuits If someone in an ATV drives into you, causing your injury, they may be liable for your injuries. This can most likely result in a personal injury civil lawsuit against the driver of the ATV. If the ATV owner allows an underage or unlicensed driver to use the ATV, causing your injury, you may be able to hold the owner and the driver liable for your injuries in a similar lawsuit. In the case of a faulty ATV, such as a manufacturing defect that attributes to the accident, you may be able to hold the ATV manufacturer liable for your injuries, as well as the ATV owner if there was a combination of fault. Your attorney may counsel you on which parties to sue, and can conduct in-depth investigations and discovery to acquire evidence in the hands of the other parties in order to demonstrate their fault, as well as recreate the surrounding factual circumstances of the accident.
Farmington Utah ATV Accident Lawyer
When you need legal help with an ATV accident in Farmington Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Is A Loan Modification Bad For Your Credit?
Taxes And Divorce
Debt Collection Lawyer
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Source: https://www.ascentlawfirm.com/atv-accident-lawyer-farmington-utah/
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martechadvisor-blog · 6 years
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George Levin, CEO, Getintent On The Mathematics Of Programmatic
  George Levin, the Co-founder and CEO of Getintent conversed with MTA about the beauty of working on predictive algorithms, Big Data and transparent metrics in programmatic advertising. George spoke on the evolution of AI and its growing footprint on the adtech landscape. He also believes that in the future adtech will work seamlessly with martech. George is a passionate mathematician who holds a dual Master’s degree in mathematics and marketing.
How have you seen the adoption of Programmatic advertising evolve over the last few years on both the buy side and the sell side?
Programmatic became the backbone of online advertising, as it allows smarter and more efficient data-driven media buying. It continues to grow and evolve in various directions.
First of all, it evolves beyond basic formats to include digital out-of-home, TV and audio.
Secondly, the accuracy of targeting has significantly increased due to variety of available data providers, simplified access to different data sources and the advent of third-party verification vendors such as Moat, DoubleVerify, IAS, etc. The latter also brought in the vast improvement of brand-safety and transparency issues.
Finally, Artificial Intelligence has improved the performance of Programmatic on both sides. AI is helping the buy-side to reach clients’ targets such as ROI, view rate or completion rate, while the sell-side can improve its overall performance using predictive algorithms such as Google’s Selective Callout.
This reduces the number of callouts bidders are ignoring and increases the number of impressions.
How can publishers with multi-format properties- print, TV, web, mobile – ensure they can optimize their inventory seamlessly across all the properties? How can someone like GetIntent help them monetize their multi-format inventory optimally?
**The biggest problems with optimizing inventory is how to increase revenue per impression without ruining the customer experience**. Good old ad servers like DFP (Doubleclick For Pubishers) have enough features and analytics to solve this problem for standard formats. Publishers can manage their waterfalls in a flexible way.
In their turn, companies like Getintent can help publishers to increase fill rate by utilizing AI. However, if we talk about multi-format properties, such as CTV or out-of-home, publishers still need to reinvent the wheel.  There are no generic ad servers that can meet requirements of all formats. The most popular way right now is to build a custom solution on top of DFP.
The adtech ecosystem is a rather complicated one- with multiple players between the buyer and seller. How do you see the ecosystem evolving? How can buyers and sellers hope to stop paying the current ‘adtech’ tax while balancing reach and relevance?
Adtech has way too many parties involved. About 70% of each dollar spent on advertising goes to Adtech players. Unfortunately, not all the players are actually adding value. Not everyone understands the inefficiency of this ecosystem.
In order for impression to be served, it should win in 3 auctions. DSP (Demand Side Platform) has to win the auction inside each SSP (Supply Side Platform), then SSP has to win the auction inside the publisher’s adserver.
Finally, this winning bid will be compared to Google’s bid as Google has the last-look advantage for all the publishers who use its ad servers. This inefficiency increases the cost of the tech infrastructure.
The first step is to understand the value of each intermediate. The second step is to eliminate unnecessary parts. Therefore, I like initiatives like TrustX that connect advertisers directly to publishers. 
Do you think media agencies like to keep things obtuse so that clients remain dependent on them for media buying? What role do you think they can play to help their clients understand programmatic better and use it more strategically?
When agencies utilize Programmatic platforms, the most popular pricing model is commission-based. Tech fees are simply baked in media cost. I think, it’s the most crucial problem.
**Advertisers often don’t understand how much they pay for media and technology. It’s hard to question the value of tech parties when you don’t know the associated costs**. Advertisers must understand that there is a direct correlation between the level of transparency and the level of control they take.
It starts with understanding what you are paying for and deciding whether or not you need it. I don’t blame agencies and I don’t think they intend to hide this information from clients. Usually, they just don’t have enough knowledge or expertise. Clients shift the responsibility to agencies; agencies shift it to ad tech vendors.
How is AI changing the game for programmatic? Can you tell us the top 3 value additions buyers can see with AI powered adtech?
AI is one of the core pieces of the Adtech ecosystem. Now anything can be predicted and optimized.
Any process could be described by a real-time predictive model based on historical data.
First of all, AI is used to optimize key metrics such as average time on site, bounce rates, view rate, or completion rate.
Secondly, AI helps to fight fraud. Pre-bid algorithms predict the probability of impression to be fraudulent.
Finally, AI is used to filter traffic and send only those impressions to DSPs, which have the highest probability of resulting in a sale to reduce server load and maintenance cost for both SSPs and DSPs.
What are the typical mistakes you see marketers just starting out with programmatic make with their ad buying decisions?
**The biggest mistake marketers make is to look at the programmatic platform as a magic box that will meet all clients’ targets**. Marketers just starting out with Programmatic don’t want to go into details.  They set up conversion rules, launch a new campaign and wait for great results.
When they see poor results or no results at all, they blame the platform. Instead, they must break down their goal into several steps and work with each step separately. They have to look separately at CTRs, view rates, average time on site, bounce rates, etc.
There is a trend among enterprises to take their programmatic initiatives in-house. What is your take on how it will impact the transparency in the system?
I think that taking programmatic in-house is the only way to achieve full transparency and to regain full control.
Building and maintaining a sophisticated advertising tech platform is difficult but it is worth it.
Moreover, there are so many different SaaS products that could be used as a foundation to begin building an in-house ad-tech platform. Some companies can provide bidders, other companies build UIs or outsource AI algorithms.
Looking ahead, I believe all the biggest enterprises will buy or build their own ad-tech platforms to take full control over their Programmatic.
What is your view on ‘non-profit’ exchanges such as TrustX which are funded by large (premium) publishers? Do you think publishers should make their inventory available exclusively on one exchange?
I think it’s a great initiative and I think that every publisher has to work with only one exchange partner. It will give more control and reduce server load.
What are your top tips to marketers wanting to create an optimal mix of display, native, search, video and mobile advertising? How should they approach the framework to get best results?
First of all, marketers have to understand that every channel plays its role and should be treated and analyzed differently. For example, if search advertising deals with users who already have an intention to buy something, display advertising (unless it’s retargeting) creates awareness. So, marketers have to use different metrics for these channels and can’t make an apple to apple comparison.
Secondly, when using different channels and devices, marketers have to think of cross-channel and cross-device attribution model to understand how each event and touch point contributes to a conversion during a customer’s journey.
It’s a common case that a lack of good cross-device tracking diminishes the number of conversions and/ or attributes conversions to wrong channels.
Finally, marketers have to remember that programmatic is not only about optimizing media buying; it’s also about ad creatives. **I recommend that advertisers invest more time in overall creatives design and especially in dynamic creative optimization**. 
What disruptions do you foresee in programmatic adtech going into 2020?
I believe that larger MarTech players, like Oracle, will keep acquiring AdTech companies which will blend the two fields in a seamless system. Centralized data will empower marketers, so this system will be able to deliver a better experience to a consumer.
About Getintent:
Getintent is an innovative NYC based adtech company that revisits programmatic. The Getintent Smarter Bidder is the company's proprietary AI-powered technology that gives advertisers flexibility, control and transparency that rival custom-built software. With Getintent's programmatic solutions, buyers get prime ad inventory across desktop, mobile, video, and native, enjoy smarter data-driven campaigns, and better viewability.
This article was first appeared on MarTech Advisor
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salebestsales · 6 years
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Why do so many B2B sales bmw houston  forecasts bear a closer resemblance to great works of fiction than to reality? Why do "top opportunities" regularly slip and slide from month to month and then often disappear altogether? Erratic sales forecasting is a joint symptom of superficial qualification and an inadequate business to business sales strategy resulting in a failure to get close enough to the key influencers or decision makers that can actually make things happen.
The more business critical the door clearance center solution or service being offered, the more complex the sales forecasting challenge as people making or influencing the choice of supplier will have more to lose if a bad decision is made. There are however proven ways to progress towards more reliable sales forecasts and the good news is that in doing so you will develop a stronger sales strategy that will serve to improve sales performance over time.
Eliminate Superficial Sales Qualification to Improve Sales Performance
What many salespeople refer to as qualification is nothing more than a superficial attempt to garner some information which is perhaps more self-serving than it is customer focussed. Is it any wonder that senior influencers and decision makers might see little value in engaging with them? What value do such salespeople really add for the busy executive with a significant business challenge to overcome and perhaps a business case to build in support of addressing it?
Too many salespeople assail prospects and customers with their own objectives (targets, pressure from boss,whirlpool outlet commission payments, etc.) foremost in their minds and then talk too much! The need to qualify an opportunity fully is often over-ridden by a salesperson's strong desire to "lay out their stall". Presenting, proposing and demonstrating often come more easily to them than intelligent questioning and listening. Carefully selected sales coaching can help salespeople engage in an houston seo expert intelligent "probe and listen" mode that builds bridges rather than barriers.
Multi-layer sales qualification is  key to winning strategic clients, getting inside their heads to understand their thinking and gaining mind-share in an often politically complex environment. Superficial qualification is a sign of a weak business to business sales strategy and approach and is at the root of the issues that plague sales forecasting reliability whilst defying attempts to improve sales performance. All is not lost however as many salespeople can up their game provided they have the washer dryer clearance right coaching and guidance on effective strategies for complex sales scenarios.
Getting close to the "powerbase" (key influencers and decision makers) is crucial for business to business sales of a value-add or business critical nature. These people are making vendor selection decisions on which their careers may depend. They look for potential suppliers that support and contribute to their business case rather than those that seek to pitch and shoehorn the prospects problem into whatever solution they may have to sell. Professional salespeople tend to engage "top-down" and qualify deeply to simultaneously build their knowledge and credibility at senior level. These behaviours support more reliable sales forecasting and perhaps more importantly their consistent application can significantly help to improve sales performance over time.
The Foundations for An Effective Sales Forecast Dashboard
Trying to drive sales opportunities from the top-level forecast down is a common and seriously flawed approach. Sales forecasts should be a dashboard, but they will never be effective in isolation. The foundations for reliable sales forecasting are good account planning combined with deep qualification, ability to engage and converse at senior level and adept negotiation skills. Sales opportunities should be driven from these solid foundations upwards. Effective sales coaching can help salespeople win scratch and dent appliances houston client mind-share to drive more consistent sales performance and thus more reliable forecasting.
The account planning required to underpin more reliable sales forecasting needs to take a realistic up to date read on each major sales opportunity, highlighting vulnerabilities and exposures to be addressed to secure your company's position. Any account plan is only what career is right for me as good as the level of intelligence and credibility gained through qualification and senior engagement. It's important that salespeople are constructively challenged on a regular basis to ensure that they consistently work to develop quality "trusted advisor" business relationships that put them more in control of the sale. There are significant benefits to using an external facilitator for these account reviews.
Salespeople tend to be naturally optimistic and this often works against them when it comes to pragmatically determining where they are with any given sales opportunity. Too often they may hope for the best, failing to qualify deeply enough. It's important that they learn to ask the hard questions early on as genuine prospects are likely to respect them for it, whilst those with a hidden agenda may well get irritated (often a good acid test). The true value of multi-layered sales qualification lies in discount refrigerators its ability to establish early on whether an opportunity is real or not and what is needed to move towards deal closure. Approached with the right mind-set, multi-level sales qualification is an effective tool to establish senior level credibility and build trusted advisor relationships.
A Note on CRM:
Beware the flawed belief that CRM is the answer. Whilst it may provide easier data retrieval, filtering, management reporting, etc., a CRM system is only ever as good as the data it contains. If the sales qualification and business to business sales strategy are lacking then so will the CRM system be. For sales forecasting software or CRM to be effective, they must sit on the foundations of good account planning and effective sales strategy and approach and this is where the primary focus should be.
And the Bottom Line on Reliable B2B Sales Forecasting Methods....
Too often what prospects get is an trade school eager salesperson pushing their wares rather than taking time to fully understand their needs. Fix this and more reliable forecasting becomes possible (along with increased actual sales). Fail to address it and even the best sales forecasting methods won't help you. The business reality is that intelligent prospects and customers do not want to be sold to; they want "contributor providers" or trusted advisors that will bring them solutions to the business pain they are suffering ("the pain behind the project spend").
Of course sales forecasting accuracy can never be 100% as there will always be factors beyond a salesperson's control - spending freeze due to merger or acquisition, abrupt disappearance of a key player, etc. However it can be greatly improved across the sales team with the aid of consistent and pragmatic sales coaching from someone with the relevant actual experience.
My views may sound slightly harsh at times, especially to some hardworking salespeople. However this is the reality as I see it after ten years as a successful sales individual followed by another ten years leading B2B sales teams selling business critical solutions and services at CXO level across Europe. The good news is that significant improvement is appliance clearance sale possible in many cases, the bad news is that not all salespeople have the calibre to make the grade. Effective sales coaching can identify those worth investment and those whose development is unlikely to yield sufficient return on that investment. In 2009 sales managers across the world awoke to a new era of management. The markets had changed and a new game had begun with the onset of the global financial crisis (GFC).
Like dominoes cascading across a desk, different industries experienced the effects at different times; however, by the end of 2009, the full effects had been felt. Construction had collapsed, since finance was no longer obtainable for many projects. Financial-related markets collapsed and market confidence had literally left the building. The ramifications were felt from motor vehicle markets, manufacturing, and importers to lexus houston the retailer. Organizations across the world sent the mandate out to all their management to cut costs--hard and fast.
The sales managers have all been impacted by the crisis and many have felt pressure and stress at levels they did not ever foresee as possible.
For some time they were able to relate the sales results to the market. For most of 2009, that was plausible and discount washer and dryer valid. They were operating in market that was in freefall. No one really knew where the bottom of the market would actually be.
Organization directors and boards of directors reach the milestone in the minds where it is time to get moving again. They have survived and now they need to grow. They have to get back to the revenue levels they experienced previously and build the customer base back up again.
Chief sales officers are now confronted with designing strategies that will resurrect the organization's sales performance and drive the growth into the future. They look to their sales managers to translate those strategies at the customer interface and achieve the sales goals set.
Every strategy involves new customer acquisition at a much more aggressive rate than ever applied in the past. This is for many a new skill and one that has not been honed or developed. It is a difficult skill to learn in good markets, let alone in a market with strong competition.
Sales managers and sales trade schools in texas personnel are now faced with the inevitable task of needing to change their beliefs and behaviors in how they will operate in their roles. These changes are now reaching in the depths of how sales organizations are operated and many past practices are seen as redundant and against fundamental business practices. The myth of sales is being questioned and certainly no longer being tolerated.
While many organizations are now applying world-class standards to manufacturing, logistics, financial and operational areas of their business, their sales organizations seem to have been left well behind. Yet the role of the sales manager continues to mature as organizational demands increase and performance comes under more scrutiny. Chief executive officers and chief financial officers are beginning to clearance refrigerators demand greater accountability from and control over this previously mystical area of a business.
With the inevitable change to a more structured and disciplined approach to the sales organization the question arises as to what that structure will be and how will it be shaped within an organization.
There have been attempts of structure in the past and many seek simplistic tools to assist them in the quest for more transparency. The two most favorite ones adopted are the sales process improvement and installation of the CRM. If life were simple, there would not be a dysfunctional organization in the world today. Vendors communicating these simplistic approaches are often narrow in their understanding of business and fail to understand the full ramification of the change and business requirements.
In an extensive research programme in 2009, my consulting firm, Sales Focus International, reviewed over 800 sales managers against organizational demands to develop a clear view of the potential disconnection between the CEO, the CFO and the sales manager. The report concluded that 78% of sales organizations were operating at levels that did not meet organizational effectiveness. They were overly reliant on individuals and placed the business at enormous risk through inadequate management, measurement and structures. The businesses were succeeding through market growth and not being driven. These companies were the  victims of the GFC.
Clearly, in the past, organizations reported their complacency in this significant profit area of the business, often not knowing how or where to start remedying the problem. They were resigned to the fact that sales was a different world within their business units-one best left alone while some performance was being achieved. It was seen as an area of characters-great communicators whose primary focus was to discount appliance warehouse maintain connection with customers. As they did not follow any demonstrable business process and produced no business reports to speak of, they were generally considered to be a relatively immature and unmanageable area of the organization. Their tasks were customer satisfaction-loyalty and repeat business, with continuing education some new customers where possible.
This low expectation often prevailed in organizations that had matured to a point where the business had gained its own momentum in the market and that momentum could be retained with little input by the sales organization; or in situations where they were riding a wave of strong demand for their products. Marketing, not the sales organization, was often seen as the major contributor to growth. Growth was gained through repeat business and new product releases, but not by taking market share by the sales organization. Market share was gained through organizational acquisitions and mergers.
The smaller organizations typically felt that the turmoil associated with the sales department was just the turmoil of business. They had no point of measure that business could be different and houston seo expert they relied heavily on the caricature of the sales manager to be their lynch pin in the market. They felt the business would suffer significantly without the larger-than-life personality that the customers seemed to be drawn to it (according to the sales manager).
With the experience of the global financial crisis, CEOs and CFOs are changing their expectations of sales managers. No longer do they accept the cowboy approach (lone rider) or that of the motivational king; instead they are looking deeply into the sales manager's used appliances houston business acumen and ability to operate within a well-managed, disciplined environment that both protects brand image and drives growth. These business leaders are seeking hard evidence that the sales business unit is being managed effectively to maximize profit through internal and external cost control.
Many have described their challenge as being to find the individual that has matured their skill level to such an extent that they can be seen as a serious contributor at a C level.
For the first time in history, a major adult continuing education challenge has arisen for sales people as organizations demand more structure and process applied to sales organizations and the sales organization management is not equipped or sufficiently developed to embrace the change.
The art of sales will be replaced once and for all by the science of sales management. Sales management is being forced to mature to business standards that would be equally applied across all areas of an organization.
Adele Crane, is the bestselling author of two titles, "Get Sales Focused" and "Building the Most Effective Sales Force In the World". A world renowned business consultant as Managing Director of Sales Focus International, Adele has over 20 years of experience specializing in cultural change and building high performance sales organizations. Sales people sell by using selling techniques and skills as they follow a process made up of several sales stages.
Experts try to sell by using their vast knowledge on a product, service, or industry. You can tell when an expert is selling because they just can't wait for a chance to show you how much they know about their chosen area of expertise. They bore their prospects with a relentless flow of information, much of which is of no interest to the sales prospect. As the expert continues to present more details the sales prospect's eyes start to glaze over. Soon the words lose their meaning and the prospect is early childhood development looking for a way to interrupt, or a reason to escape.
How do you spot an expert masquerading as a sales professional
They see the sales meeting with a prospect as a chance to display how much they know. This can be to make themselves look superior because they believe prospects buy from experts. It can be because they believe prospects want to know everything about a product before they will buy. Some have just got into a pattern of using the same old sales pitch and presenting the same old endless stream of features and benefits. They may as well make a tape of the sales presentation and send it to the customer because each one is identical to the last.
An expert is someone who tries to answer an unknown question by presenting all the possible answers and hoping that one of them is right.
What do sales professionals do that is different
A sales professional uses words sparingly. They let the buyer talk. For them selling is a two-way process. They know they only have the focus of their prospect for as long as they keep them interested. A sales professional presents the features of a product that the prospect is interested in, and always links the features to the benefits the  bmw houston buyer will gain.
Sales people make sure they have used sales questions to discover what the prospect wants. They find the question before presenting an answer. Only when they have the details of the wants, needs, and desires that the prospect has, do they start their sales presentation.
How do I stay a sales professional and stop myself becoming an expert
To stay a sales professional,appliances houston and stop yourself from becoming an expert, you only need to remember one sales tip: Always ask sales questions to establish what it is that the buyer really wants, and then present only the features and benefits that meet their wants.
That may sound easy and you probably think that you do that know. But so do many of the sales people I manage and coach. Many sales people don't have a structure to the sales questioning mentor schools stage of their sale. They don't ask enough questions, or they ask random questions with no clear direction. Often I hear a string of closed questions that require a Yes or No answer. This makes the prospect feel like they are being interrogated because there is no train of thought just a barrage of questions.
When the sales professional has discovered all the buyer's needs, wants, and desires, they move to the sales presentation stage. Then they present only the features and benefits that will meet the requirements of the buyer. The sign of a good sales professional is knowing when to stop presenting and close the sale. An expert knows when to start mercedes benz houston talking, a sales professional knows when to shut up and move on to the next sales stage.
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lashondabarkly-blog · 6 years
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Meet BCI, The brand new Blockchain-focused Funding Company Launched
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