Soak Up the Sun SAFELY! Newsletter
IN THIS ISSUE
MOOR OFTEN THAN KNOT ALCOHOL IS TO BLAME BOATING INSURANCE MYTHS THAT REFUSE TO SINK
DEALING WITH A NEIGHBOR’S AGGRESSIVE DOG ACROSS STATE LINES
PREPARING FOR THE OPEN ROAD
5 SURPRISING BIKE SAFETY LAWS IN VIRGINIA
THINGS YOU NEED TO KNOW ABOUT SEXUAL HARASSMENT & ASSUALT IN THE WORKPLACE
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Issue 1.10 Official Magazine of Law Offices of Richard J. Serpe, PC
Moor Often Than Knot Alcohol Is to Blame
SUNSHINE, A BREEZE AND A COLD BEER MAKE FOR A WONDERFUL COMBINATION. THROW IN AN AFTERNOON ON THE WATER, AND YOU’VE GOT THE MAKINGS OF AN IDYLLIC SUMMER’S DAY – RIGHT? WRONG. You could face turning in your life jacket for hand cuffs if you’re caught boating while under the influence of drugs or alcohol. State and federal law enforcement have the right to pull over boat operators suspected of drinking and boating. You’ll be subjected to a breathalyzer and a field sobriety test. Fail those tests, and you could be facing the loss of your boating license, heavy fines or even jail time.
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Legal trouble is one thing injuring or killing someone is another. Alcohol is the leading contributing factor in deadly boating accidents. When under the influence, it is easy to speed or drive your vessel in a reckless manner without realizing you’re doing so. This can cause passengers to fall off the boat and into the water. Even if people on board can stay safe, other boaters - including those kayaking or jet skiing - are in for real danger when a drunken mariner is on the water. So the next time you reach for a cold one while helming a vessel, skip it! Nothing ruins a beautiful day on the water like being arrested.
Boating insurance myths that refuse to sink
MYTH: NO MATTER WHERE I BOAT, MY INSURANCE WILL COVER ME. It might surprise some, but many insurance companies will only cover your boat within 100 nautical miles of your home port. Before making any long journeys, double check to see what your policy says about coverage limitations.
MYTH: ADDING MY BOAT TO MY HOMEOWNER’S INSURANCE POLICY WILL GET ME THE SAME COVERAGE AS WHEN PURCHASE A BOAT-SPECIFIC POLICY. It makes sense that you’d add your boat to your homeowner’s insurance
policy. After all, you list all your valuables there, from electronics to jewelry. And while it’s certainly not a bad idea to include your vessel on your list of assets, homeowner’s insurance tends to only cover damage done while on your home property. That means if you have any problems on the water, you’ll be left out to sea by the insurance company.
MYTH: MY DRIVING RECORD CAN’T AFFECT MY BOATING INSURANCE PREMIUM. If you’ve been racking up speeding tickets or been arrested for DUI, there’s a good chance that insurance companies will use it as an underwriting tool. That means they will probably decline to insure you based on your past behaviors. So even though it’s tempting to put the pedal to the metal, keep in mind your boating future – or lack thereof!
Soak Up the Sun – Safely! Newsletter | Law Offices of Richard J. Serpe, PC – Attorney Advertising
TOO TERRIFIED TO GO OUTSIDE:
Tips for Dealing with a Neighbor’s Aggressive Dog
Check the Virginia Dangerous Dog Registry. When a local court declares an animal dangerous, this information is recorded online in the Dangerous Dog Registry. This public, searchable database allows users to determine if dangerous dogs live nearby. Though not every dangerous canine might have made the list, the information provided can give you insight into a given animal’s legal history.
IN A PERFECT WORLD, OUR NEIGHBOR’S DOGS WOULD BE FRIENDLY, DOCILE – AND PROPERLY RESTRAINED. UNFORTUNATELY, THOUGH, PEOPLE HAVE A VARIETY OF VIEWS AND OPINIONS ON WHETHER DOGS SHOULD – OR SHOULDN’T – BE ABLE TO ROAM. IF YOU HAVE A NEIGHBOR WHO LETS THEIR DANGEROUS DOG RUN LOOSE, IT CAN BE TERRIFYING TO EVEN LEAVE THE HOUSE.
No one should be made to feel a prisoner of their own home, nor should they feel fearful when walking in their neighborhood. There are key steps you can take to rectify the problem and keep yourself safe.
Be Diplomatic, Express Your Concerns. If you offer a reasonable request, most people will offer a reasonable solution. That’s why it’s so important to address your concerns calmly but firmly. Explain your problem with the dog in a friendly way and remind your neighbor of local laws.
Gather Evidence and Identify Witnesses. Chances are, you’re not the only one dealing with the local vicious dog. Keep an eye out for the way pedestrians and your neighbors interact with the pooch. If they exhibit body language that lead you believe they’re fearful of the dog – crossing the street to avoid an interaction, or freezing on the spot when the animal approaches – reach out to them about your own experiences. It’s always reassuring to know you’re not alone in your fears, and you could gain helpful allies.
Report Your Concerns to Animal Control. Don’t hesitate to reach out to your local animal control department about the animal or pet owner in question. By alerting them to a potential problem, they may be able to help nip things in the bud before an attack happens.
If You’ve Been Attacked and Seriously Injured, Contact a Dog Bite Lawyer. Seek medical attention, report the attack to the authorities, and then call an attorney. The sooner you do so, the sooner the investigation can begin. Proof is highly essential for obtaining the highest possible settlement or verdict for your case.
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5 SURPRISING BIKE SAFETY LAWS IN VIRGINIA
ACROSS STATE LINES:
PREPARING YOURSELF LEGALLY FOR THE OPEN ROAD The Great American road trip is as patriotic as baseball or apple pie. It’s our nation’s pastime to hop in the car, blast some tunes and sail down the highway each summer. As carefree as it all sounds, it’s easy to forget that crossing state lines means contending with countless laws with which you might be unfamiliar. Before you get pulled over for an unexpected, unintended traffic violation, review our tips to stay safe – and legal – this summer.
DRINKING AND DRIVING Driving under the influence of drugs or alcohol is always a bad idea, regardless of the law. But what you might not realize is the seriousness of the offense – DUIs can be federal law violations. In 2000, President Clinton signed federal DUI laws into existence. The law limits the allowable blood alcohol content level to .08. The federal standard pressured most states into following this standard. When can you be arrested for a federal DUI? When drinking and driving in national parks, lakeshores, and battleground parks, federal authorities can and will arrest you. On regular roads and highways, drunk drivers fall under state jurisdiction.
CELL PHONES AND DRIVING Just because your home state might not ticket you for talking on your phone while behind the wheel doesn’t mean a neighboring state won’t get you for not using a Bluetooth device. Thankfully, no state restricts cell phone use 100%. Text
messaging while driving is banned for all drivers in more than 40 states, but fewer than 10 states outlaw talking on a handheld phone while driving. Many localities enforce their own bans on cellphones or text messaging. When in doubt, save the texting or phone calls for the next rest stop.
SEATBELT AND HELMET LAWS They say it’s better to be safe than sorry. This is never more true than when operating a motor vehicle. In every state but New Hampshire, It’s mandatory for drivers and passengers alike to wear their seatbelts while moving. In the majority of those states, police can pull you over to ticket you for violating such laws. For motorcyclists, the laws can get complicated. Only 19 states require bikers to wear helmets, but 28 additional states require helmets in certain circumstances. Be sure to check the state law before taking off your helmet – or better yet, leave it on regardless of requirements!
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YOU DON’T HAVE TO WEAR A HELMET – BUT YOU SHOULD. There’s no law requiring cyclists
over the age of 14 to wear any kind of head protection while on a bike. Just because it’s not legally required, though, doesn’t mean you should forgo a helmet altogether. Consider investing in a comfortable, safe helmet you can use for years to come.
YOU CAN RIDE ON SIDEWALK. It might sound
strange, but when on the sidewalk, cyclists are treated as pedestrians, and have the same rights as someone strolling by on foot.
IT’S TOTALLY LEGAL TO TALK ON THE PHONE AND DRIVE – BUT YOU SHOULDN’T. Virginia
laws don’t give any mention of cell phones or texting while cycling, but they do forbid riding with both earphones in. Pop one out, and you’ll be ready to roll.
IF A CYCLIST IS HIT WHEN A MOTORIST OPENS THEIR DOOR, THE MOTORIST IS HELD RESPONSIBLE. This comes after the new
dooring law that passed this spring.
YOU MUST HAVE A LIGHT ON YOUR BIKE IF YOU’RE RIDING BETWEEN SUNSET AND SUNRISE. The light must be visible 500 ft in
the front. You’ll also need a red reflector in the back capable of being seen 600 ft away. If you’re planning to ride at night on a road with 35 miles per hour or higher speed limits, you’ll need to add an additional red taillight to the back of your bike
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7 IMPORTANT THINGS TO KNOW ABOUT SEXUAL HARASSMENT AND SEXUAL ASSAULT IN THE WORKPLACE
FOLLOW YOUR COMPANY’S COMPLAINT PROCESS
AGAINST THE LAW It is ILLEGAL to harass or discriminate against a person because of the person’s sex. Title VII of the Civil Rights Act of 1964 prohibits sexual discrimination.
QUID PRO QUO There are generally two types of sexual harassment in the workplace. In a quid pro quo sexual harassment situation, an employee is subjected to demands for sexual favors in exchange for some job benefit such as promises of promotion or the ability to keep their job. The employee will be in an inferior power position to the perpetrator.
Article by Attorney
CINDRA DOWD
We at the Law Offices of Richard J. Serpe are experienced employment attorneys. If you feel that you have been sexually harassed at your workplace, call us for a free consultation.
WE ARE HERE TO HELP YOU.
HOSTILE WORK ENVIRONMENT The more common type of sexual harassment is a hostile work environment where the employee is subjected to various forms of unwanted or unwelcome sexual conduct which can include sexual advances, pornographic materials, sexually suggestive texts or e-mails, sexually graphic language, etc. The harasser can be the victim’s immediate supervisor, a supervisor in a different work location, a co-worker, and even a client or customer of the company.
DOES ALL OFFENSIVE CONDUCT CREATE A HOSTILE WORK ENVIRONMENT? No, conduct that is not severe or pervasive enough to create a hostile or abusive work environment will not be a violation of the law. Whether the work environment is a hostile place will be determined by looking at all of the circumstances including the severity and pervasiveness of the conduct.
DON’T SUFFER IN SILENCE If you feel uncomfortable around someone, speaking to them about the situation may help to remedy the situation. They may not have realized that their actions or words were improper. If the person continues the improper conduct, you should begin to keep a log of the conduct and when it occurred. You may need this information later should it become necessary for you to file a complaint, charge of discrimination or lawsuit.
You don’t always have to report the sexual harassment to your boss. He or she may be the one who is sexually harassing you. Good employers will have established procedures for making a complaint. If your company has a complaint process, you should consider following it and keeping a record of your actions.
IF YOU ARE NOT SATISFIED WITH THE RESOLUTION OF YOUR COMPLAINT OR WANT ADVICE BEFORE YOU REGISTER A COMPLAINT, YOU SHOULD CONSIDER CONSULTING AN EMPLOYMENT ATTORNEY An experienced employment attorney will review your matter with you and if the attorney feels that you have a valid claim, they can help you file a grievance with the Equal Employment Opportunity Commission and/or with your company. Being a victim of sexual harassment can be very stressful. Having an experienced attorney help you through this process can help reduce the stress and provide you good guidance on how best to proceed.
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Soak Up the Sun – Safely! Newsletter
Issue 1.10
SETTLEMENTS & CASES OF INTEREST
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Maritime Accident Settlement
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