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Menampilkan postingan dari September, 2016

Civil Law versus Criminal Law

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What are they and what is the difference? In the United States, our court system handles both civil and criminal cases . The litigation procedure for the two vary quite differently from each other. These two terms are often tossed around, by advertisers, the print and television media, and by those giving others advice when they need the services of the court.   Therefore, understanding the difference between the two can be helpful, while making both terms clear and defined. Civil Law The rules of civil litigation, or civil procedure, only apply if civil laws are involved. Civil laws deal with private disputes between private individuals or parties. Likewise, it is helpful to understand that the term individual in the legal arena, does not necessarily mean the same thing as when it is used in every day conversation. By statute (law), the term individual can include firms, labor organizations, partnerships, associations, corporations, legal representatives, and trustees. If two di...

What is Premises Liability?

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Premises liability is the legal concept that an owner of land can be held liable for injuries that occur to third parties on his or her land. A common scenario in which premises liability becomes an issue is when someone is injured due to something defective or dangerous on the property of another. An example of this would be a roller coaster coming off the tracks and injuring people at an amusement park. In other scenarios, someone may be injured solely due to the owner’s carelessness. An example of this would be someone falling in a pool of water at a supermarket that had been there for some time. In both scenarios, the status of the injured party at the time of their entry on to the property determines the legal duty owed by the property owner. Duties of a Property Owner to Third Parties on Their Land Under Florida law , 1 the property owner owes two distinct duties to third parties : Duty to Repair or Warn -- The first duty is to repair or provide reasonable warning of any dange...

Trucking Accidents in Florida: What To Do?

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Commercial trucking is an important business throughout the United States and Florida. With so many commercial trucks on the road each day, it is inevitable that truck accidents wi ll occur with personal vehicles . Due of their incredible size , 1 these tractor trailer trucks pose a much bigger threat to everyday drivers than a standard size automobile. Unfortunately, the nature of the trucking industry is that semi-truck drivers often drive great distances at a time and need to make their destination in a speedy time-frame. This can lead to drivers speeding, becoming sleepy, or simply zoning out from driving so many miles at once. Of course, this threat is amplified due to the size of these trucks and their cargo. All too often, this combination of factors results in an accident and drivers of personal vehicles suffer potentially severe consequences. Most accidents involving a commercial truck involve serious property damage and injuries and often involve numerous vehicles. Because...

Causes of Trucking Accidents – Unsecured Cargo

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Unfortunately, large commercial truck accidents are all too common. Florida has the third highest rate of fatal crashes involving large trucks in the United States , 1 outnumbered only by California and Texas . Not all accidents related to commercial trucks actually involve the truck itself. Trucks haul all types of cargo across the country on a daily basis. If this cargo is loose or improperly secured, it can fall into the roadway and create a hazard for the drivers behind the transporting truck. Loose cargo can hit nearby cars, causing direct damage, or can cause other cars to swerve to avoid the flying debris and cause accidents and further indirect damage. The Dangers of Unsecured Cargo In order to be safely driven, trucks carrying large cargo must be loaded carefully. The weight of the cargo must be evenly distributed and then secured so that the cargo does not shift or become loose during transport. If the weight is not properly balanced, the truck may become difficult to cont...