Category: Alabama

Stiff Penalties in Store for Dangerous Dog Owners

Martinson & Beason If you own an animal who injures or kills another, you could face severe fines or even jail time, under a new bill recently passed by the Alabama legislature.  The criminal punishment is an addition to existing civil liability pursuant to Ala. Code § 3-6-1. The new law was sponsored by Senator Livingston from Jackson County. Its purpose is to impose requirements to keep the animal controlled and to provide liability for owners who do not control their animals. The bill, which is known as Emily’s Law, comes on the heels of a fatal dog attack in Jackson County, Alabama. In December, 24-year-old Emily Colvin was killed by a pack of five dogs in front of her house in Jackson County, Alabama. Another woman was also injured and one dog attempted to attack a deputy who shot and killed the dog. The dogs, which were all reportedly pit bulls, had not attacked humans before, but the Sheriff’s office had received complaints the dogs were dangerous.

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Pedestrian Fatalities Continue To Climb

Martinson & Beason In 2017, roughly 6,000 pedestrians died in automobile crashes, a figure that is up about 9% from the two previous years, according to a recent article in USA Today. A primary reason for the upswing in these fatalities is attributable to distractions, both inside and outside of the vehicle. Experts quoted in the article link the proliferation of technology, such as touch screens and smartphones, with increased distracted walking and driving, which in turn results in more pedestrian crashes and deaths. Alabama is one of 46 states to have a direct law prohibiting texting while driving, but do lawmakers need to consider a prohibition on texting while walking? According to the article, distracted pedestrians are just as much to blame for the crashes as drivers are. The small city of Montclair, California passed an ordinance prohibiting the use of a cell phone or headphones while crossing the street. Honolulu, Hawaii has a similar ordinance in place for pedestrians as well. You can find a lot of other useful and interesting information on distracted pedestrians from our previous blog piece, here and general information on pedestrian accidents.

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Pre-Need Funeral Arrangements: Is it Right for You?

Martinson & Beason Although planning a funeral may be uncomfortable for some, many seniors are now making pre-need funeral plans to alleviate stress on family members when the time comes. According to a recent article published in The New York Times, “pre-need is a broad term that encompasses any type of pre-death planning, and it may or may not include paying for services in advance.” Although pre-need planning fulfills many objectives, it has the primary effect of providing peace of mind to both you and your loved ones. More specifically, pre-need planning allows you to make certain that your last wishes are known, and that your family can focus on the funeral without financial worries.

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Does The Right To Free Speech Protect “Flipping The Bird” To Law Enforcement?

Recently, in Indiana, a man filed a lawsuit seeking court-ordered approval for him to give the middle finger to police. This story reminds me that some of the toughest types of questions a lawyer is asked, start with “Am I allowed to do…?” Inquiries that start with this phrase usually end up in a conversation where the client is simply wanting to know how much they can get away with. On more than one occasion, folks have asked me “Can I cuss at a police officer?” or “Can I give the middle finger to police?” Without hesitation, I answer these questions the same way: Just because you can do something doesn’t mean you should do something.

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The Problems With “Do-It-Yourself” Legal Work: Why You Should Think Twice Before Going it Alone

Martinson & Beason In today’s world, almost everything is available at our fingertips with only a few clicks. You probably have seen advertisements for do-it-yourself legal help while watching television or surfing the web. These services are promoted as simple and convenient, leading people to believe that preparing a legal document is as easy as filling in blanks on standardized forms. Unfortunately, we regularly encounter DIY-gone-wrong every day. DIY legal software programs and websites tend to provide a cookie-cutter, one-size fits all approach to preparing a legal document. This is troublesome because the law is not the same from state-to-state. Each state has their own unique laws, and such laws often times vary state-to-state. Even if the software is tailored to Alabama law, problems still arise as clauses or provisions are inadvertently added leading to unintended consequences.

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Mo Show Live with Rodney Smith of Raising Men Lawn Care Service

Martinson and Beason The next episode of the Mo Show Live will feature Huntsville’s own Rodney Smith, Jr. who founded Raising Men Lawn Care Service in 2015. Morris and Rodney will be discussing Raising Men, the importance of providing youth with positive and constructive volunteer outlets, and philanthropy in general. Martinson & Beason is proud to have Raising Men as a client. Raising Men has exploded since its founding by Rodney two years ago. There are currently eight chapters across the country, over 150 kids have joined, there are over 53,000 supporters worldwide, and they have collectively mowed over 2,000 lawns. Raising Men has been featured by local North Alabama television affiliates, NBC News, Fox News, the Today Show, Huffington Post, and more.

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