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Archive for February, 2013

How to investigate a customer’s loss (Part 3).

  • February 27th, 2013
  • Wendy Carlisle
  • Comments Off on How to investigate a customer’s loss (Part 3).

In Parts 1 and 2, I discussed inspecting the scene of your customer’s loss.  This post continues with additional sources of information to consider in your investigation, including information about using highly skilled experts to defend your company.  

How to investigate a customer’s loss (Part 1).

  • February 27th, 2013
  • Wendy Carlisle
  • Comments Off on How to investigate a customer’s loss (Part 1).

“YOU HAVE BEEN SUED” reads the piece of paper some otherwise friendly-looking process-server has just handed you.  Or perhaps you received a letter from an insurance company claiming you have caused damages and demanding payment in lieu of the lawsuit…

How courts are eroding exculpatory clauses and what you can do about it.

  • February 27th, 2013
  • Wendy Carlisle
  • Comments Off on How courts are eroding exculpatory clauses and what you can do about it.

A review of case law over the past thirty years shows that in much of the country there has been an erosion in the enforceability of exculpatory clauses and subrogation waivers.  In states where such clauses were once routinely upheld,…

How ADT Security Services, Inc. v. Lisle-Woodridge Fire District could affect the future of alarm monitoring.

  • February 27th, 2013
  • Wendy Carlisle
  • Comments Off on How ADT Security Services, Inc. v. Lisle-Woodridge Fire District could affect the future of alarm monitoring.

Competition for alarm products and monitoring services is everywhere—the internet, big-box stores, new entrants into the market, and mergers of  mega-companies all threaten your business.   But could the place in which you conduct business be a threat to you…

Four ways to ensure your contract is enforced.

  • February 27th, 2013
  • Wendy Carlisle
  • Comments Off on Four ways to ensure your contract is enforced.

Whether your limitation of liability and damages contract provisions are upheld in court will depend on whether your conduct is deemd to be willful or grossly negligent– behavior that goes beyond mere negligence.  Courts are all over the map on…

What do contract provisions limiting liability and damages really mean?

  • February 27th, 2013
  • Wendy Carlisle
  • Comments Off on What do contract provisions limiting liability and damages really mean?

Those  of you who deal with  end-users  of alarm  products have contracts with your  customers  that contain provisions limiting your  company’s  liability and  limiting the  damages  recoverable  from  your  company.  But  what  do  those contract provisions really mean? 

Does the EPA’s Lead-Based Paint Renovation, Repair and Painting Program apply to you?

  • February 27th, 2013
  • Wendy Carlisle
  • Comments Off on Does the EPA’s Lead-Based Paint Renovation, Repair and Painting Program apply to you?

The United  States government enacted a regulation, enforced by the Environmental Protection Agency,  requiring  the  use  of  lead-safe  practices in common renovation activities to prevent lead poisoning.  The regulation became fully effective on April 22, 2010. Is this regulation applicable…

Three ways to avoid deceptive practices claims.

  • February 27th, 2013
  • Wendy Carlisle
  • Comments Off on Three ways to avoid deceptive practices claims.

Each state has consumer protection laws prohibiting what are deemed unfair and deceptive trade practices.  Within all that legalese of prohibited conduct there are many traps for the unwary. Fortunately, there are some things you can do to protect your…