| Volume 60 Number 1 |
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The People’s Lawyer’s Tip of the Day
As a general rule, a business is not liable for a slip and fall injury simply because it owns the property where the injury occurred. For the business to be responsible the injured person must show the business was "negligent" and that is why the injury happened. For example, if the business knew there was a slippery spot on the floor and did not take reasonable steps to clean it up, it would be liable to a customer who was injured as a result of its negligence. Click here for more.
Gas Prices Continue to Skyrocket
Gas prices are on the rise. Last month alone saw a $0.27 increase. Just last year, in February 2010, gas prices averaged $2.65 per gallon. In February 2011, gas prices averaged $3.17 per gallon. Today, the national average stands at $3.38 per gallon. Political unrest in Libya and other oil-rich countries has driven up the prices of crude oil, the main ingredient in gasoline. If oil-exporting nations continue to destabilize, consumers can expect gas prices to continue upward. For now, gas prices still remain below the June 2008 high of $4.11 per gallon. But, for how long? Click here for more.
GMail Outage Results in Lost Email
A GMail outage that affected at least 0.02% of all users may finally have a resolution in sight. This weekend, over 100,000 GMail users lost everything, including their inbox, sent mail, and folders. In order to retrieve the lost data, Google will go to its backup tape, which is stored offline and protected from software bugs. If your email has been affected, Google should have it up and running soon. What can you do to protect your email in the future? Click here for more.
Credit Cards & Identification Cards
Can a retail store require you present an ID when you make a credit card purchase? For VISA and MasterCard, the answer is "no." Both companies prohibit retailers from requiring a customer ID as a condition of accepting their cards. American Express, on the other hand, does not explicitly prohibit the practice, but strongly discourages it. If a merchant still requires an ID after you've asserted your rights, you can contact your card issuer to file a complaint. Click here for more.
Your Money
How much life insurance do you need? Click here for more.
For the Lawyers
Court may not substitute arbitrator when contract designated NAF. The Illinois Supreme Court held that a personal computer company could not enforce an arbitration agreement in its sales contract that designated an arbitral forum that no longer accepts consumer arbitrations. The court noted that the “plain language of [Gateway's arbitration] provision penalizes any party for bringing a dispute in any forum other than the NAF. It is self-evident that the provision was intended to apply if the NAF was available to administer arbitrations. That is the whole point of the clause. Gateway, which drafted the agreement and presented the nonnegotiable terms to [the plaintiff] when he purchased his computer, sought, by this clause, to ensure that only the NAF would administer any arbitrations that arose under the agreement.” Click here for more.