Although many stairway falls are caused by loss of balance, often due to neglecting to use the handrails, poor construction of stairways can cause a person to fall as well. While building codes for stairways are rigorous, that wasn’t always the case. In a lot of older buildings, stairways may not have been built according to court. Additionally, stairways require regular and adequate maintenance to ensure they are safe.
When a stairway does not meet an applicable building code, a personal injury lawyer may be able to assert negligence pro se, or a breach of duty just based on the violation of law. But even in cases where building codes are technically met, property owners have a duty to make sure that the property is reasonably safe for lawful guests.
In the case of Estate of Smith v. Salvesen, recently before the Maine Supreme Judicial Court, the issue of causal connection between the building code violations and the cause of plaintiff’s fall.
The big issue here was what the court saw as a lack of adequate expert testimony to lay the foundation for an assertion of proximate cause.
Plaintiff and his wife were planning to attend an event for a small college preparatory boarding school, for which they had been benefactors and trustees. The couple made arrangements to stay at the Maine Farmhouse, which was a guest house owned and operated by defendant. A member of the school district provided the pass code to enter the guesthouse and told the couple they would be staying on the second floor. They received no room number or other information and they didn’t speak to the owner before the trip.
The couple arrived, let themselves in and chose a two-floor suite that was connected to one of the downstairs living rooms by a private stairway. Plaintiff said the couple was not aware of this stairway when the entered the room, even as they got settled and put their things away before preparing to go to dinner.
They left, went to dinner, returned and went to bed. The next thing plaintiff recalls was hearing a huge crash followed by his wife’s scream around 7 a.m. He ran out into the hallway and didn’t see her. He went back into the room and noticed there for the first time the staircase in the bedroom. He saw his wife lying on a landing of the staircase, bleeding from the head. She was taken to a hospital and died the following day of traumatic brain injury.
Her husband filed a complaint for damages against the property owner, asserting in his premises liability lawsuit that the property was unreasonably dangerous. The bedroom didn’t conform with applicable safety standards and the defective stairway proximately caused his wife’s injuries.
After depositions but prior to trial, defendant moved for summary judgment, arguing the evidence failed to support a claim of negligence because no one knew how or from where decedent had fallen.
Plaintiff presented evidence to show the stairway did not meet applicable building codes (the risers were uneven and the handrail was too low). Further, he argued his wife had fallen from the top of the stairs, not realizing it was even there and also noting the loud crash he heard before he found her.
The court granted summary judgment for defense, finding the testimony regarding the risers was conjecture because the witness stated, “It should be considered.” Further, it wasn’t properly disclosed, the court determined.
Plaintiff appealed, arguing the court erred in not allowing his expert witness testimony to be considered. He argued nothing in the witness’s new statement contradicted his earlier statements.
The Maine Supreme Judicial Court, however, affirmed, finding the expert witness’s statement in fact did contradict an earlier comment he made in which he said he wasn’t sure the riser defect contributed to the fall.
If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.
Additional Resources:
Estate of Smith v. Salvesen, July 7, 2016, Maine Supreme Judicial Court
More Blog Entries:
Like v. L.A. Fitness – Gym Injury Lawsuit to Proceed, July 9, 2016, Miami Wrongful Death Lawyer Blog
The post Estate of Smith v. Salvesen – Unsafe Stairway first appeared on SEONewsWire.net.]]>Number 81
Volume IX
Washington, D.C
A. STATUTORY NUMBERS1. This bulletin summarizes the availability of immigrant numbers during June. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by May 11th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:
FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
F1 | 01SEP07 | 01SEP07 | 01SEP07 | 15NOV94 | 01MAR00 |
F2A | 01OCT13 | 01OCT13 | 01OCT13 | 08AUG13 | 01OCT13 |
F2B | 15SEP08 | 15SEP08 | 15SEP08 | 08APR95 | 01MAY04 |
F3 | 22FEB04 | 22FEB04 | 22FEB04 | 15APR94 | 15AUG93 |
F4 | 08SEP02 | 08SEP02 | 08SEP02 | 01MAR97 | 08NOV91 |
*NOTE: For June, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08AUG13. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08AUG13 and earlier than 01OCT13. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)
5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
Employment- Based | All Chargeability Areas Except Those Listed | CHINA – mainland born | INDIA | MEXICO | PHILIPPINES |
1st | C | C | C | C | C |
2nd | C | 01JUN13 | 01OCT08 | C | C |
3rd | 15FEB15 | 01SEP11 | 22JAN04 | 15FEB15 | 01JAN05 |
Other Workers | 15FEB15 | 01JAN06 | 22JAN04 | 15FEB15 | 01JAN05 |
4th | C | C | C | C | C |
Certain Religious Workers | C | C | C | C | C |
5th Targeted Employment Areas/ Regional Centers and Pilot Programs |
C | 01MAY13 | C | C | C |
*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
6. The Department of State has a recorded message with the cut-off date information which can be heard at: (202) 485-7699. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.
B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH
OF JUNE
Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2015 annual limit to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.
For June, immigrant numbers in the DV category are available to qualified DV-2015 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
Region | All DV Chargeability Areas Except Those Listed Separately | |
---|---|---|
AFRICA | 34,150 | Except: Egypt: 24,675 Ethiopia: 30,000 |
ASIA | 5,950 | |
EUROPE | 34,125 | |
NORTH AMERICA (BAHAMAS) | 6 | |
OCEANIA | 1,175 | |
SOUTH AMERICA, and the CARIBBEAN |
1,075 |
Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2015 program ends as of September 30, 2015. DV visas may not be issued to DV-2015 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2015 principals are only entitled to derivative DV status until September 30, 2015. DV visa availability through the very end of
FY-2015 cannot be taken for granted. Numbers could be exhausted prior to September 30.
C. THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS
WHICH WILL APPLY IN JULY
For July, immigrant numbers in the DV category are available to qualified DV-2015 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
Region | All DV Chargeability Areas Except Those Listed Separately | |
---|---|---|
AFRICA | 36,500 | Except: Egypt: 27,100 |
ASIA | 6,850 | Except: Nepal: 6,475 |
EUROPE | 35,700 | |
NORTH AMERICA (BAHAMAS) | 7 | |
OCEANIA | 1,250 | |
SOUTH AMERICA, and the CARIBBEAN |
1,175 |
D. VISA RETROGRESSION OF MEXICO AND PHILIPPINES
CUT-OFF DATES
Mexico:
Family-sponsored Fourth preference: It has been necessary to slightly retrogress this cut-off date to March 1, 1997 in an attempt to hold number use within the annual limit.
Philippines:
Family-sponsored First preference: This cut-off date had been advanced very rapidly during the past year in an effort to generate sufficient demand to fully utilize all available numbers. The resulting increase in demand has required the retrogression of this cut-off date for the month of June, in an attempt to hold number use within the annual limit for this preference category.
Employment-based Third and Third Other Worker preference: Continued heavy applicant demand for numbers has required a second retrogression of these cut-off dates. Further corrective action cannot be ruled out.
Please Note: Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. By no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, visa allotments are made only on the basis of the total applicants reported documentarily qualified each month, compared with the amount of available numbers under the respective annual limits. For example, during the past month, over 20,000 applicants who have become documentarily qualified in the Family preference categories have priority dates earlier than the cut-off dates established for May. Demand for visa numbers can fluctuate from one month to another, with the inevitable impact on cut-off dates.
E. DIVERSITY VISA LOTTERY 2016 (DV-2016) RESULTS
The Kentucky Consular Center in Williamburg, Kentucky has registered and notified the winners of the DV-2016 diversity lottery. The diversity lottery was conducted under the terms of section 203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States. Approximately 91,563 applicants have been registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger figure should insure that all DV-2016 numbers will be used during fiscal year 2016 (October 1, 2015 until September 30, 2016).
Applicants registered for the DV-2016 program were selected at random from 11,391,134 qualified entries (17,573,350 with derivatives) received during the application period that ran from noon, Eastern Daylight Time on Wednesday, October 1, 2014 until noon, Eastern Daylight Time on Monday, November 3, 2014. The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested.
Registrants living legally in the United States who wish to apply for adjustment of their status must contact the Bureau of Citizenship and Immigration Services for information on the requirements and procedures. Once the total *50,000 visa numbers have been used, the program for fiscal year 2016 will end. Selected applicants who do not receive visas by September 30, 2016 will derive no further benefit from their DV-2016 registration. Similarly, spouses and children accompanying or following to join DV-2016 principal applicants are only entitled to derivative diversity visa status until September 30, 2016.
Dates for the DV-2017 program registration period will be widely publicized in the coming months. Those interested in entering the DV-2017 program should check the Department of State’s Visa web page in the coming months.
*The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulated that up to 5,000 of the 55,000 annually-allocated diversity visas be made available for use under the NACARA program. The reduction of the limit of available visas to 50,000 began with DV-2000.
The following is the statistical breakdown by foreign-state chargeability of those registered for the DV-2016 program:
AFRICA | ||
ALGERIA 1,952 | ETHIOPIA 4,000 | NIGER 102 |
ANGOLA 108 | GABON 32 | RWANDA 412 |
BENIN 914 | GAMBIA, THE 67 | SAO TOME AND PRINCIPE 2 |
BOTSWANA 4 | GHANA 3,179 | SENEGAL 427 |
BURKINA FASO 199 | GUINEA 1,818 | SEYCHELLES 0 |
BURUNDI 208 | GUINEA-BISSAU 4 | SIERRA LEONE 2,141 |
CABO VERDE 6 | KENYA 2,729 | SOMALIA 272 |
CAMEROON 3,047 | LESOTHO 5 | SOUTH AFRICA 535 |
CENTRAL AFRICAN REP. 23 | LIBERIA 4,430 | SOUTH SUDAN 17 |
CHAD 40 | LIBYA 240 | SUDAN 3,216 |
COMOROS 3 | MADAGASCAR 75 | SWAZILAND 7 |
CONGO 124 | MALAWI 17 | TANZANIA 93 |
CONGO, DEMOCRATIC REPUBLIC OF THE 4,475 | MALI 114 | TOGO 1,241 |
COTE D’IVOIRE 1,129 | MAURITANIA 15 | TUNISIA 227 |
DJIBOUTI 92 | MAURITIUS 41 | UGANDA 453 |
EGYPT 4,024 | MOROCCO 1,993 | ZAMBIA 57 |
EQUATORIAL GUINEA 0 | MOZAMBIQUE 11 | ZIMBABWE 152 |
ERITREA 544 | NAMIBIA 18 | |
ASIA | ||
AFGHANISTAN 406 | JAPAN 302 | QATAR 42 |
BAHRAIN 13 | JORDAN 349 | SAUDI ARABIA 267 |
BHUTAN 22 | NORTH KOREA 0 | SINGAPORE 39 |
BRUNEI 1 | KUWAIT 143 | SRI LANKA 704 |
BURMA 236 | LAOS 1 | SYRIA 460 |
CAMBODIA 1,229 | LEBANON 225 | TAIWAN 297 |
HONG KONG SPECIAL ADMIN. REGION 151 |
MALAYSIA 95 | THAILAND 73 |
INDONESIA 126 | MALDIVES 3 | TIMOR-LESTE 0 |
IRAN 4,501 | MONGOLIA 185 | UNITED ARAB EMIRATES 103 |
IRAQ 330 | NEPAL 3,801 | YEMEN 724 |
ISRAEL 162 | OMAN 12 | |
EUROPE | ||
ALBANIA 1,931 | GREECE 93 | NORWAY 35 |
ANDORRA 0 | HUNGARY 186 | POLAND 629 |
ARMENIA 1,277 | ICELAND 3 | PORTUGAL 58 |
AUSTRIA 50 | IRELAND 89 | Macau 23 |
AZERBAIJAN 380 | ITALY 410 | ROMANIA 626 |
BELARUS 811 | KAZAKHSTAN 376 | RUSSIA 2,200 |
BELGIUM 47 | KOSOVO 244 | SAN MARINO 0 |
BOSNIA & HERZEGOVINA 92 | KYRGYZSTAN 209 | SERBIA 283 |
BULGARIA 865 | LATVIA 73 | SLOVAKIA 70 |
CROATIA 67 | LIECHTENSTEIN 0 | SLOVENIA 33 |
CYPRUS 28 | LITHUANIA 153 | SPAIN 193 |
CZECH REPUBLIC 74 | LUXEMBOURG 0 | SWEDEN 108 |
DENMARK 35 | MACEDONIA 258 | SWITZERLAND 122 |
ESTONIA 40 | MALTA 0 | TAJIKISTAN 337 |
FINLAND 57 | MOLDOVA 1,854 | TURKEY 1,795 |
FRANCE 510 | MONACO 0 | TURKMENISTAN 124 |
French Polynesia 1 | MONTENEGRO 8 | UKRAINE 4,507 |
Saint Martin 1 | NETHERLANDS 81 | UZBEKISTAN 4,300 |
Wallis and Futuna 1 | Aruba 4 | VATICAN CITY 0 |
GEORGIA 571 | Curacao 2 | |
GERMANY 678 | NORTHERN IRELAND 9 | |
NORTH AMERICA | ||
BAHAMAS, THE 16 | ||
OCEANIA | ||
AUSTRALIA 832 | NAURU 12 | SAMOA 5 |
Cocos Islands 1 | NEW ZEALAND 208 | SOLOMON ISLANDS 0 |
FIJI 393 | Cook Islands 4 | TONGA 26 |
KIRIBATI 4 | PALAU 4 | TUVALU 0 |
MARSHALL ISLANDS 0 | PAPUA NEW GUINEA 3 | VANUATU 5 |
MICRONESIA, FEDERATED STATES OF 3 | ||
SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN | ||
ANTIGUA AND BARBUDA 0 | DOMINICA 6 | SAINT KITTS AND NEVIS 2 |
ARGENTINA 68 | GRENADA 7 | SAINT LUCIA 5 |
BARBADOS 0 | GUATEMALA 31 | SAINT VINCENT AND THE GRENADINES 7 |
BELIZE 0 | GUYANA 14 | SURINAME 3 |
BOLIVIA 49 | HONDURAS 73 | TRINIDAD AND TOBAGO 51 |
CHILE 17 | NICARAGUA 58 | URUGUAY 21 |
COSTA RICA 50 | PANAMA 5 | VENEZUELA 1,038 |
CUBA 1,488 | PARAGUAY 7 |
Natives of the following countries were not eligible to participate in DV-2016: Bangladesh, Brazil, Canada, China (mainland-born, excluding Hong Kong S.A.R., Macau S.A.R., and Taiwan), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, the Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.
The website, located at www.bbb.org/smartinvesting, combines the consumer outreach of BBB with the extensive knowledge of FINRA.
Gerri Walsh, FINRA Foundation President, said that the campaign would help investors protect themselves from fraud. The website offers resources to help investors detect investment scams.
Investment fraud causes serious harm in North America. Consumers in the United States and Canada were defrauded of over $1.5 billion by scammers in 2011, according to the Federal Trade Commission (FTC) and the Canadian Anti-Fraud Centre. FINRA conducted a telephone survey that found that many investors show overconfidence about their ability to detect fraud. This was especially true of investors in the baby-boomer generation, who are often the target of scams. The telephone survey found that 92 percent of respondents said they were “somewhat” or “very” confident about their financial management skills, but only 44 percent were able to pass a test of basic financial knowledge. The BBB Smart Investing website hopes to provide people with that basic financial literacy.
Carrie Hurt of the Council of Better Business Bureaus said that the FINRA Foundation’s message of “Ask & Check” is what consumers should consider before making decisions about investments. According to Hurt, scams have become more common as retirees attempt to manage their retirement funds on their own.
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