Slip And Fall

Slip and fall law is a subset of personal injury law. Slip and fall law governs the liability when an individual slips and falls and suffers injuries as a result to a dangerous condition on the property. When the accident occurs on government property, federal slip and fall law applies. Otherwise, state slip and fall law applies. State slip and fall law varies, but the common elements are the same -- personal injuries and negligence.

The premise of slip and fall cases is negligence. A negligent act must have caused the accident before the victim can file a claim to recover damages. Negligence means a person or an entity failed to perform an act in a reasonable manner expected in certain circumstances. Proving negligence is not an easy task that is left to the hands of the victims. Rather, victims are encouraged to hire a slip and fall law attorney to determine whether there was a negligent act that caused the accident to happen in the first place. A slip and fall victim cannot pursue a personal injury claim if there is no negligence on the part of another party. Proving intent could also elevate the case from simple negligence case to a felony or misdemeanor.

All parties who are possibly responsible for a slip and fall accident must be identified prior to the filing of a suit. The identification of responsible parties may not be very obvious at times and non-identification of certain possible responsible parties could mean lesser recoveries for the victim. Slip and fall laws hold store owners, tenants, and building owners responsible for any negligent act that causes harm to the public. State law also hold responsible insurers to these parties. It is important to seek the aid of slip and fall law attorneys prior to the filing of any slip and fall cases as they know how to use the law to the plaintiff's advantage and use the law so that plaintiffs are rightfully compensated. Slip and fall attorneys would also be knowledgeable as to who to name as responsible parties, saving the victim from any possible regret for not suing in the future. Like all personal injury cases, slip and fall cases are subject to statute of limitations. Without the help of a personal injury attorney specializing on slip and fall accidents, the plaintiff, without intending to, may let the statute of limitations pass and his legal right to seek compensation pass.

Seeking compensation for injuries arising from slip and fall accidents in public places may prove to be a little bit more difficult due to the fact that the government is generally immune from suit. The rule of non-suit against the government has been relaxed in many instances, subject to exceptions. If the victim proves that he incurred injuries as a result of a slip and fall accident in a public place, the victim can sue the government, subject to strict notice requirements and time limits, an expert slip and fall attorney should be knowledgeable about.

Areas of Law

Zone Planning And Land Use Law - Legal Information and Resources

Zone Planning And Land Use

Zoning and land use planning are governed by both federal and states laws, depending on who has jurisdiction over the subject property. Zoning refers to the local government's permit for specific uses of certain lands. Parcels of land can be designated as commercial, residential, or special. Mixed residential-commercial areas are areas where commerce and residences are grouped together, while special areas are areas allocated for sports complexes, areas, and malls. Land can also be designated as agricultural or industrial. In addition, zoning is also used to designate the types of buildings that can be erected in a certain area. With respect to the construction of buildings and houses, local governments has different requirements.

Zoning laws vary from state to state but the goal is the same -- to separate incompatible property uses. This means that industrial areas are designated certain distance from residential areas to minimize any untowardly incidents that typically happen in industrial zones. In addition, zoning laws are also sensitive as to the needs of the citizens, providing different access roads for industrial trucks and family cars. Zoning is an inherent power of the state, which is why there are numerous legal issues arising from this power. States, in order to provide the basic services needed for its citizens, routinely tramp over the property rights of individuals or private entities. In addition, one of the complaints of citizens with respect to zoning would be social and economic segregation through exclusion. Moreover, there are complaints with respect to taxes as municipalities are able to artificially maintain high housing costs.

One of the most common legal disputes with respect to zone planning and land use would be disputes between neighbors with respect the right to build. It is not uncommon for prospective property buyers to consider the "view" from the property as an essential factor in deciding whether to purchase such property. The "view" increases the value of the property, which is why properties with views are purchased easily. This view, however, can be obstructed because of another person's right to build. All persons are granted the right to build, for as long as the building requirements are complied with. But this right often interferes with another's person privilege. In the suits arising from a neighbor's right to build, it is best to contact an expert land use attorney as there may be intricacies accompanying this dispute that cannot be seen at plain sight by an ordinary property buyer.

Another common legal dispute with respect to zone planning and land use is property easements. There are numerous ways that another person may encroach upon the property of another person without being detected. Often, the property at issue may be a small portion of the property but the cost of litigating the issue may not be commensurate as to the value of the encroached property. The laws provides for various remedies to property owners whose land has been eased upon, with some of the remedies not requiring expensive litigation. It is thus best for property owners to seek the help of a counsel to determine which remedy to pursue in order to avoid costly litigation.

Areas of Law