Gambone Law
Licensed in Pennsylvania and New Jersey
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April 2019
What Are You Liable for? After Prom Parties
where injuries are sustained. A successful claim only requires that the plaintiff show evidence that a minor or visually intoxicated person was served alcohol and that alcohol played a role in the accident. If you’re not careful, damages caused by attendees at your after-party could come back to you.
It’s a special time of year for high school students. The annual tradition of prom, as well as the parties that follow, has many students very excited. In many cases, these pre- or post-prom events are viewed with more excitement than the actual prom itself. Most students see these after- parties as an essential part of the high school experience. HOSTING A PROM PARTY All parents are concerned with the safety of their children. Oftentimes, however, parents must balance that concern with letting their children fully experience their teenage years. This dilemma has led to many parents hosting after-parties themselves, either in their homes or at other venues, as a compromise between those two philosophies. Parents host these events with the best intentions: They want to keep their young adults safe. They hope that by personally hosting the party, they minimize the risk that their kids will do something to derail their professional and academic goals, while still allowing their student to participate in the after-party tradition. But, despite these admirable intentions, parents often fail to realize the legal liability associated with after-parties. DRAM SHOP LIABILITY The term“dram shop liability” is often used to refer to violations by restaurants, bars, or beverage retailers. While those establishments are most commonly affected by lawsuits of this nature, a dram shop lawsuit can be applied to any situation involving alcohol. In most cases, dram shop lawsuits occur after a serious car accident or other major incident
SOCIAL HOST LIABILITY There’s an extension of dram shop liability known as social host liability. In Pennsylvania, adults who serve alcohol at private functions are known as social hosts. If the host serves alcohol to a minor and that minor is injured or they injure someone else because of intoxication, the social host may be liable to pay damages to the injured person. It’s vital to keep in mind that social host liability only applies to adults who serve alcohol to minors in Pennsylvania. New Jersey doesn’t limit lawsuits to social occasions involving minors; a social host is responsible for the actions of an adult or minor who leaves an event intoxicated. WHAT WE RECOMMEND The civil and criminal consequences associated with an uncontrolled prom after-party should make our recommendation short and obvious: Don’t have one! However, if you still want to host an after-party, we recommend implementing the appropriate safeguards. Make sure the prohibition of alcohol and other substances is clear. Secure all over-the-counter and prescription medication and firearms in the house. It’s also best to avoid sending email or Facebook invitations, as these can be easily forwarded and drastically increase the number of invitees. We also recommend having a strict no re-entry policy. Be sure to speak with your insurance agent regarding your homeowner’s policy and specifically it’s limitations. If you would like more information about this issue, or if you or your loved one is the victim of an accident, contact our offices today. We’ll explain the law, the options available to you, and provide you with our professional legal opinion. –Alfonso Gambone
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Peanuts and Cracker Jacks
THE BEST OPENING DAYS IN BASEBALL HISTORY
showing was lackluster, going 0-for-3 at the plate and making a solid showing on the infield at first base, but his mere presence in a Dodgers uniform had already broken history. Despite his nationally- recognized skills — Robinson was named MVP of the MLB farm team league in 1946 — the backlash that followed his rise to the pros, both from fans and teammates, was palpable. Still, as well-known sportscaster Howard Cosell said, “Suddenly, it was a new beginning.” LOU, COMBS, AND BABE — OH MY! Considered one of the best teams in baseball history, the 1927 NewYork Yankees started their historic run and 25th season by dismantling the Philadelphia Athletics with a score of 8–3. The slugfest was true to form for the 1927 Yankees, whose players would go on to make up baseball’s famous “Murderers’ Row.”With sluggers like Lou Gehrig, Earle Combs, Babe Ruth, Mark Koenig, Bob Meusel, and Tony Lazzeri, it’s no wonder this team went on to win its fifth championship that year. THE HAMMER TIES BAMBINO For decades, no one could match George Herman Ruth. The Great Bambino’s all-time home run record seemed like an impossible feat of strength — that is, until Henry “Hammerin’ Hank” Aaron came along. On opening day, April 4, 1974, Aaron smashed his 714th homer, tying Babe Ruth for the most home runs ever hit and extending the Atlanta Braves’ shutout lead over the Cincinnati Reds. A few weeks later, Aaron surpassed Ruth’s record, prompting a standing ovation from the crowd.
Baseball’s opening day has been an American holiday of sorts since the Cincinnati Red Stockings threw out the first major league pitch in 1869. To celebrate the start of the 150th season of professional baseball, here are three of the best opening days in baseball history. A NEW BEGINNING On April 15, 1947, an opening-day game changed the course of Major League Baseball. On this day, Jackie Robinson started for the Brooklyn Dodgers, becoming the first African-American player to start for a major league baseball team. Robinson’s historic
The 2 Most Common Ways Criminals Steal From Seniors
to receive the prize. After the “fee” is paid, victims receive a fake check in the mail, but by the time it bounces, the scammers are gone and they’ve taken the money. If you ever receive a contract from an unknown entity out of nowhere, you should start seeing red flags. Unless you remember entering a contest, there is no chance you’ve won something. And it’s vital to understand that it is never safe to give out financial information over the phone or via email. AND HOW TO SPOT THEM COMPUTER SOFTWARE SERVICE FRAUD This type of scam is slightly more sophisticated. First, a hacker will call a victim and claim to be a member of a tech support team or an employee from a trusted company like Microsoft or Apple. Then, they’ll tell the
victim there is a problem with their phone or computer and that if they cooperate with the “tech support” representative, they can sort it out. They may also ask you to install a piece of software on your device or provide credit card information to “validate your software.” The fact is that well-known tech companies will never send unsolicited emails to ask for your personal or financial information, and they definitely won’t ask you to install some shady software on your computer. If you ever receive a call out of the blue from“Microsoft,” hang up the phone immediately. The first step to stopping these criminals in their tracks is to be aware of their tactics. With these tips in your arsenal, you’ll be able to defend yourself and your bank account effectively.
Scamming older adults has become big business. According to the American Journal for Public Health, an estimated 5 percent of seniors are hoodwinked by criminals every year, and that statistic is thought to be a steep underestimate since so many scams go unreported. To stem the tide of seniors unknowingly giving $36 billion to scammers annually, it’s important for retirees and their loved ones to get savvy on the subject.
Here are the two of the most common scams older folks fall prey to—and how to avoid them.
ADVANCED FEE FRAUD The most common con in 2017 and 2018 was the classic “You’ve won a sweepstakes!” scam. Victims are told they’ve won some exorbitant amount of money, but they must pay a fee
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Everyone knows that walking is healthy for us, but not very many people have the chance to stretch their legs. With a busy schedule, you might not have the luxury to get up earlier and get a quick brisk walk in. But that doesn’t mean routines can’t be changed. Walk to Work Day is an unofficial holiday that encourages people to walk more in their daily lives. Finding the time to walk for 30 minutes a day can help you lose weight, reduce the chance of heart disease and diabetes, and improve emotional and mental health. A LITTLE HISTORY Walk to Work Day takes place on the first Friday of April every year and has been celebrated since 2004. The U.S. Department of Health and Human Services promoted the holiday with enthusiasm as a way to counter the alarming rise in obesity and health issues throughout the country. Since its debut, Walk to Work Day has been picked up by people, businesses, and organizations across the world to inspire people everywhere to exercise more. OBSERVING THE HOLIDAY To celebrate Walk to Work Day, simply slip on your walking shoes, grab a portable breakfast, and head out the door! Be sure to bring an extra outfit WALK TO WORK DAY A START TO A MORE ACTIVE LIFE
and shoes with you as walking in high heels, dress shoes, and/or dress attire can be uncomfortable.
For people who don’t have the time, try taking a short walk around the workplace during breaks or lunch. Getting in a 15-minute walk during the day will help you feel more refreshed and ready to get back into the grind. You can also invite other coworkers or friends to walk with you. OTHER MODES OF TRANSPORTATION Although Walk to Work Day encourages people to walk, there are other ways to get to work without having to drive. Biking is an excellent means of transportation and can be helpful for people who might have a longer commute. If you don’t own a bike but are still in need of a quick transport between two locations, you can hop on an electric scooter. These scooters have appeared across America over the past year or so and have proven handy for individuals needing to get from point A to point B quickly.
Walk toWork Day offers a perfect chance to change up your routine for a more active lifestyle. Let this holiday be the first step in many that will come!
Legal Tips for Preliminary Hearings A preliminary hearing is the initial
hearing, your attorney should collect information about the lighting conditions of the observation, the witness’s position in relation to the incident, the length of observation, and what was happening around the witness during observation. 2. Ask Leading Questions. The No. 1 rule of trial advocacy is to never ask a question that you don’t know the answer to. Leading questions allow your attorney to control the witness’s response and don’t allow the witness to add further details that could hurt your case. 3. ArgueWhatWasn’t Argued. The Commonwealth’s burden at a preliminary hearing is very low, and challenging their argument will do little, if anything, to cause the judge to dismiss or downgrade charges. It’s much better to argue what the prosecution didn’t present. For more great criminal defense tips, visit the free download section on our website: GamboneLaw.com
evidentiary hearing where the burden of proof is on the Commonwealth. The aim of the Commonwealth in such a hearing is to prove that a crime occurred and that the accused was more than likely the person who committed said crime. Frequently, assistant district attorneys expect defendants to waive these hearings in exchange for an agreement to lower bail, dismiss minor charges that were added to the lead charge, or simply gain some mitigation for an eventual plea. I’ve even met some who, for some reason, expected defense lawyers to waive the hearing for nothing in exchange, which is a huge mistake. If your criminal defense lawyer is advising you to move forward with the hearing, his or her strategies should focus on the following three points. 1. Collect Information. This hearing is your first chance to evaluate the strength of the prosecution’s case, usually through one of their strongest witnesses. Throughout the
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Gambone Law
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INSIDE THIS ISSUE
1
Liability and Parties
2
3 Great Opening Days in Baseball 2 Tactics Criminals Use to Steal From Older Adults
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Walk to Work Today! Preliminary Hearing Tips
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Read Up on National Library Workers Day
Shhhhhhh!
It’s National LibraryWorkers Day!
in, and they can help you track down books, databases, magazine articles, and more.
While it may not be the most well-known holiday, April 9 is National Library Workers Day (NLWD). As part of National Library Week, NLWD recognizes and celebrates the vital work performed by library staff. Librarians and their team do far more than simply place books on the shelf and shush noisy teenagers, after all. Library science is a multidisciplinary field that takes years of study to master. Today’s librarians have the skills of managers, IT specialists, documentarians, archivists, and educators — equipping them to help anyone from elementary students to doctoral researchers. These professionals can be an invaluable resource for anyone looking to delve into a particular topic, even if they don’t know where to begin. Just tell your local library worker what subject you’re interested
How should you celebrate National Library Workers Day? Some groups, such as the students at the University of Arizona, go above and beyond by delivering balloons and signs to library branches across Tucson. More commonly, however, library branches ask their community members to vote for a “star” staffer. If a library worker has made a difference in your life, you can submit their name to the American Library Association by visiting Ala- Apa.org and clicking “Submit A Star!” Lastly, you can show your appreciation by visiting your local library and thanking these professionals. These important community centers only work because they do!
Whether you have a card or not, libraries are an important part of our community. They serve as meeting places, research stations, employment centers, and local historical archives. They help kids and adults alike explore vast literary worlds and immense databases of knowledge — all for free! Behind every library is a dedicated staff of librarians, catalogers, assistants, and administrators who keep the system running smoothly.
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