I Tripped and Fell on the Sidewalk but it wasnt My Fault

We have all tripped on a sidewalk or walkway at some point in our lives. Sidewalks and other pedestrian walkways are often uneven. Water and ice can cause major problems on these surfaces during inclement weather. Tree roots are also known to break through concrete and cause a simple walk to become treacherous. Regardless of why the surface is uneven, slippery, misaligned or damaged, it is possible to obtain a serious injury on a sidewalk.

But who is responsible when you are injured on a sidewalk? An experienced personal injury attorney can identify where negligence lies when you are injured by tripping or falling on a sidewalk.

— About Slip and Fall Accidents —

Slip and fall accidents are what sidewalk injuries and other similar incidents are called in personal injury law. Thousands of Americans suffer these types of injuries each year from their own slip and fall accidents. Some people suffer severe ramifications of an accident that often should not happen in the first place.

While many slip and fall accidents are due to negligence, some are just a normal part of life. People often lose their footing for no reason or due to their body’s own mechanisms or simple mistakes. While sidewalks and other walkways can become icy, slippery or uneven, someone else is not always to blame. Frequently humans seem to have two left feet. We are all capable of slipping and falling anywhere, at any time. So it is our own responsibility to watch where we are going.

That said, property owners are obligated to maintain their property so it is safe for those who come to visit. This is particularly true in regard to known hazards.

As an example, a retailer should know that it is important to clean up spills on their floor as quickly as possible so someone does not slip and fall. Such a store owner could be held civilly liable if they neglect to clean up spills in a timely manner.

— When You Are Injured in a Slip and Fall —

When you are injured in a slip and fall, determining who is responsible for your injuries can be a little tricky. In order to know who is responsible, it is important to determine if there was negligence involved in your accident and resulting injury. For responsibility of others to be claimed, another party must have been negligent in causing a hazard, known about the danger of that hazard without rectifying it, or been in a position of knowing about the hazard without taking the initiative to fix it.

Most cases of liability come down to employees or owners of the premises not observing and repairing a hazardous surface in a timely manner. But these cases can be difficult to prove. This is because it must be clear that the employees or owner “should have known” about the problem. These cases often come down to the jury or judge’s decision based on whether common sense was applied in the situation of the hazard.

There are certain things the law considers in regard to a property owner’s “reasonable” behavior and response to a floor or ground hazard, when looking at a negligence claim. In cases involving slips and falls, the law focuses on the owner’s repair and maintenance efforts.

Questions the law asks of a case include:
Is the property otherwise well-maintained?

How long was the spill present before the slip and fall injury?

Were employees neglectful of the spill, despite seeing it?

If outdoor ice was the cause of a slip and fall, had the owner worked to rid surfaces of ice?

If an object was on the ground and caused the fall, was that object there for a legitimate reason? If the answers to these queries lead to property owner negligence, a good claim for a slip and fall injury may exist. But it is important to look at personal carelessness and how the accident may have been a matter of human clumsiness or not seeing where you were going.

Most slip and fall accidents do involve some level of personal contribution to the resulting injury. People are often distracted when walking. “Comparative negligence” is a term used to describe the process of determination of where most fault lies, between the victim and the property owner. If you are determined to be where most of the responsibility lies, the property owner may be cleared of any negligence. But if the owner is found to be at least partially responsible, he or she may have to pay at least some of your injury damages.

— Considerations for Public Sidewalks —

Public sidewalks are particularly difficult to determine responsibility for, when a slip and fall occurs. Determination of negligence may be based on local ordinances and statutes. Adjacent landowners are often the ones who must ensure sidewalks attached to their property are well maintained and hazard free. For other sidewalks, the city may be fully accountable. These variances in government and civic accountability can obscure clarity on where responsibility is held for a sidewalk injury.

When faced with injuries resulting from a slip and fall accident, you need an experienced personal injury lawyer to help you determine where negligence lies in your case.

The Khul’ Divorce in Egypt

Under the rules of divorce in Islamic sharia, a husband has the prerogative right to divorce his wife any time, any place, with or without any reason. Under certain conditions, the wife may request from the religious judge a judicial divorce in case of harm or maltreatment (darar), as stated by the Maliki School of jurisprudence.

Based on the wide interpretation of the Maliki School, the wife may seek divorce if she can convince the judge that she is suffering a harm from her husband, a provision that is not allowed by the Islamic Hanafi School of law.

In general terms, Islamic sharia allows the wife to seek divorce under the following conditions: (1) impotency; if the husband is unable to consummate the marriage; (2) his apostasy from Islam; (3) his imprisonment for a long period of time; and (4) if he contracts an incurable skin disease.

The additional harm as a cause for divorce in Maliki interpretation of sharia, allows the wife to bring evidence to the judge showing that the husband used systematic maltreatment, and is unable to provide maintenance to her.

Such provisions in Islamic sharia created hardship for thousands of women who were seeking divorce, but unable to prove the harm factor to the satisfaction of the judge. Women were unable to get out of their un-happy marriages because their husbands refused to consent to the divorce, and the judges were not persuaded with the evidence presented by the women. To remedy this situation, the Egyptian government enacted a law allowing judges to approve the divorce through a process known as Khul, or repudiation, without the consent of the husband.

Khul was practiced in early Islamic period; it allows the wife to obtain a final divorce by means of a financial settlement paid by her to the husband in compensation, without having to prove of harm or maltreatment. Frequently, under the terms of Khul, the wife is required to pay back all or part of the “mahr”, which is the amount of money or objects of value that the husband gave his wife when the marriage contract was signed. Also, she has to relinquish her right to the amount of “mahr” he promised to give her in the future. In addition, the husband must agree to the Khul. In other words, should the husband refuse to consent to the Khul, the wife will be unable to get divorce. Faced with that difficulty, the legislators in Egypt enacted a law in which the judge was given authority to separate the married couple based on Khul without the approval of the husband and without having to prove maltreatment.

On January 2000, former President, Hosni Mubarak of Egypt, issued in the Official Gazette [al-Jaridah al-Rassmiyyah] Law No.1, of 2000, granting women the right to file for a “no-fault” divorce (Khul) on the basis of “incompatibility,” without having to provide evidence of harm. Under the provisions of the new law, the wife may obtain a definitive judicial separation from her husband if she desires so; the only condition she has to satisfy is to forfeit her rights to alimony and her deferred “mahr” (muakhar) as well as repay her advanced “mahr” (muqaddam).

First section of Article 20 of the new law provides the following: “A married couple may mutually agree to separation (al-Khul); however, if they do not agree and the wife sues demanding it [i.e., the separation], and separates herself from her husband (khalaat zawjaha) by forfeiting all her financial legal rights, and restores to him the “mahr he gave to her, then the court is to divorce her from him (tatliqiha alayhi).”

Before the judge rules on Khul, he has to order the couple to undergo a process of reconciliation, and after asking two mediators [hukkam] to pursue conciliation efforts between them for a period that may not exceed three months; and after the wife decides explicitly [tuqarrir sarahatan] that she abhors living with her husband and there is no way to continue married life between them, and that she is afraid to transgress Gods limits of this abhorrence.

It is important to note here that while a woman is required to submit to burdensome and time-consuming court-ordered conciliation, men seeking divorce, on the other hand, are never required to make any efforts at reconciliation. The reconciliation process is rooted in the biased notion that women are not capable of making rational decisions on issues related to divorce. According to one prosecutor in Cairo, mediation was necessary because “a woman may be hasty in filing for a divorce and may not have a strong keenness in keeping the family together. The court has to play this role and intervene. Men are more wise and rationale than women. A womans emotions can overcome her rationality”. (See Divorced from Justice: womans unequal access to divorce in Egypt, Google eBook, p.28).

Section 3 of Article 20 states that the separation order of the judge is “an irrevocable divorce [talaq bain]”; and the courts decision is not subject to any form of appeal. Article 20 of the Egyptian law of 2000 does not accord legal weight to the husbands consent to the terms of Khul divorce. This is based on the Sunnah literature, embodied in the Islamic canonical collections of the sayings and deeds of the Prophet of Islam, and especially the collection of Sahih al-Bukhari, which contain an authenticated version of Muhammads handling of the Habiba separation case in which he ruled to separate her from her husband without asking the husbands permission.

Although Article 20 of the Egyptian Personal Status Law, which grants women the right of Khul is considered a significant accomplishment by womens rights activists, it is harmful to womens financial rights because the wife is forced to give up her mahr, alimony and other gifts provided by the husband during their marriage. Poor women, particularly in rural areas, suffer most of this financial loss.

DISCLAIMER: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

An authorization to republish this article is hereby granted by the author provided that authors name is attached to the article.

Why You Need a Motorcycle Accident Lawyer

Have you recently been involved in a motorcycle crash and were seriously injured as the result? You may be thinking that it’s best to try to represent yourself in this case, because you don’t necessarily want to spend the money to hire an attorney. This may seem like a good idea at the onset. However, you’d be making a huge mistake not to hire a motorcycle accident lawyer to take care of your case.

The first thing you should understand is that going up against companies and corporations is not a cakewalk. Many of these businesses, especially the larger ones, have legal teams that are suited for just these types of cases. They are paid big bucks to ensure that their clients come out on top. So, going up against them by yourself would not be wise. Soliciting the help of a motorcycle accident lawyer would increase your chances of getting the justice you deserve. This isn’t just frivolous money, after all. It will more than likely be needed to cover the costs of your injuries, missed time at work, and any damages to property.

It doesn’t matter if you received seemingly minor injuries or major ones. Hospital bills can really add up. Even if you only sustained a broken leg or arm, this could end up costing thousands of dollars. Then, you would still have to pay for pain medicine, if necessary. Unless you are extremely wealthy, having to spend thousands of dollars in medical bills as the result of someone else’s carelessness or mishap would be a disaster for your finances. Even if you do consider yourself wealthy, you shouldn’t have to pay for something that you weren’t responsible for. A motorcycle accident lawyer would be able to come in and ensure that you are properly represented in court, giving you the best chance at having your expenses covered.

Another reason that it’s a good idea to have legal assistance in this case is because of how stressful this time can be. Dealing with injuries, whether temporary or life changing, can be overwhelming for some. That’s because they must get used to their new way of living and getting around. They can’t just get up and go as they please like they used to. An attorney helps to relieve some of the stress by helping to take care of the difficult parts of the case.

Don’t make the mistake of overlooking the importance of a motorcycle accident lawyer. You may not like the idea of having to pay for legal assistance, but it is actually your best bet.

If you’re not sure that you can handle your case on your own, consider enlisting the help of a qualified motorcycle accident lawyer to help you do your best in court. Schedule a consultation today: .

What Is Fraud In Criminal Law

There are a lot of people who have been victimized by fraudulent acts. Although most of the time, fraud goes undetected. For this reason, it is vital to understand what fraud is and how to spot warning signs to prevent huge problems in the long run. Fraud is a very broad term that typically refers to a wide variety of offenses that involves fraudulent actions.

Generally, fraud is an intentional deception of a person or other entity by another to gain monetary or personal benefits. Fraud cases are offenses that include a false statement, misrepresentation, or any deceitful actions. The purpose of any fraud is to get what the other person needs by misleading or deceiving another human being into thinking which the perpetrators knows to be false. There are certain laws regarding fraud cases and it may differ from state to state. This type of felony can either be criminal or civil. This felony may need criminal intent on the part of the defendant and it is punishable by law. However, if the fraud is civil in nature, it will only require penalties that punish the guilty party and put the victim back to where they were before the fraud happened. Although fraud charges may differ in various state and federal laws, there are certain elements that people must be aware of. One of the elements that can prove fraud is the misinterpretation of certain facts, the individual or entity believes that the information is false, or the actual injury or loss resulting to fraud. There is a wide variety of different types of fraud offenses that a person can get into. Some of them are: tax fraud, wire fraud, wireless and telemarketing fraud, identity theft, and insurance fraud.

There are different ways to get punished for fraud offenses. Some of the fraud offenses may include civil or criminal penalties, or it can be both. If a person becomes involved in a fraud felony where they are accused of fraud, he or she can look for a criminal lawyer. The criminal defense lawyer can help the defendant prove their innocence. Being accused of fraud and being found guilty is a very confusing and frightening experience for any individual who is innocent. To prove innocence, the person must look for a reputable criminal lawyer.

The penalties for fraud offenses will depend on the nature, type, scope, and severity of the action. However, just like any other criminal litigations, the individual accused of fraud must still go to trial thus they will need to have a lawyer present.

Asbestos Lawsuits in Louisiana

In towns and cities throughout the United States, asbestos lawsuits are increasingly prolific as individuals exposed to asbestos twenty and thirty years ago are today developing and dying from mesothelioma. Mesothelioma is a rare and extremely lethal form of cancer, in which malignant cells are found in the protective sac covering most of the bodys internal organs. Mesothelioma, which is caused by exposure to asbestos, takes up to three decades to strike its victims. Those with the greatest risk of developing mesothelioma have worked on jobs where they inhaled asbestos particles, or have been exposed to asbestos dust and fiber in other ways.

Today, a growing number of mesothelioma lawsuits have succeeded in recovering hundreds of millions in compensation for the tens of thousands of mesothelioma victims. Compensation is paid by the companies that make these asbestos products, and enables victims to cover their medical expenses and to be compensated for their pain and suffering.

A current center of concern for asbestos victims is New Orleans. In the post-Katrina era, New Orleans and the entire state of Louisiana is undergoing a boom in construction a business infamous for its use of asbestos products. Post-storm rehabilitations of homes, the related large-scale demolitions, and even just the ubiquitous roofing jobs currently underway are exposing thousands of people to asbestos. Despite these dangers, however, Congress is considering a Bill that would prevent someone who becomes ill with cancer as a result of post-Katrina asbestos exposure from getting financial relief.

The introduction of the Bill is being motivated by calls for tort reform among asbestos-related industries. Financially crippled by increasingly high rewards to asbestos victims, these industries want a cap on their liability. They cite a recent asbestos lawsuit in Louisiana, in which homeowners who purchased asbestos-contaminated fill dirt sued the contractor who sold them the soil, as well as the oil company where the dirt had been removed. Although none of the plaintiffs have yet become sick, a jury awarded them compensatory and punitive damages due to their fear of harm (rather than actual harm). The verdict was upheld by a Louisiana appeals court, which ruled that any exposure to a harmful substance, no matter how slight, justifies a lawsuit.

The new Bill, set for debate by Congress in February, would halt asbestos lawsuits. The Bill is seeking to protect companies with asbestos liability from further lawsuits by paying into a government administered trust fund, which would screen claimants through established medical criteria. Victims would be awarded compensation based on the severity of their illness. The Bill specifically states that the fund would not cover victims of environmental and neighborhood exposure, with the prime example being post-Katrina victims in New Orleans and across Louisiana. The Bill is widely opposed by the medical community, as well as by labor unions and citizens rights activists, particularly in the state of Louisiana.

Australia Immigration Services For Building And Engineering Technicians Nec

The occupation of a Building and Engineering Technicians nec requires you to show you expertise with Building and Engineering projects. In capacity of a technician you must be able to apply the latest of building technology and Engineering ability.

The occupation gets a mention on CSOL Consolidated Skilled Occupation List under code name 312999 and Registration / Licensing comes as requirement for the job. Australia Immigration Services for Building and Engineering Technicians nec necessitates compliance on a select criterion. The criterion includes skills, eligibility and a detailed skills assessment.

1.Skills required for Building & Engineering Technicians nec:

On the skills part, the immigrant needs to at least have a Bachelors Degree on education. However, for applicants who fall short on a formal education, the experience can be mentioned to match the skills. A rich and relevant experience should make up for a formal education. ANZSCO Australian and New Zealand Standard Classification of Occupations has classified the occupation under Skill Level II.

The skills for a Building and Engineering technician should commensurate with an Associate Degree on the area of work. An Advanced Diploma or a Diploma should make you more worthy of the job. Your skills get better with an on-the-job training.

2.Eligibility

The immigrant needs to apply for any 3 of the skilled migration programs to become eligible for the job. The visa programs listed are Regional Sponsored Migration Scheme (subclass 187), Employer Nomination Scheme (subclass 186) and Standard Business Sponsorship (subclass 457). A professional piece of advice from Australia Immigration Services for Building and Engineering Technicians nec would come on utilizing Regional Sponsored Migration Scheme as the preferred option. The State Nomination would get you a faster processing on Skillselect, addition of 5 bonus points and preferred allocation of job. The Employer Nominated Scheme can be utilized if you fail to score more than 60 on Skillselect.

The eligibility is also shown with the Points based Migration scheme. Skillselect would evaluate you on your abilities on age, professional expertise, education, adaptability, skills, language skills and a prior stay in Australia. A meritorious ranking would mean that you get a reserved seat for the occupation.

3.Skills Assessment

While making an application for the said occupation, you must also focus on two things:

Skills Assessment by VETASSESS
Registration and Licensing

Having your skills assessed by a competent authority would secure you a recommendation to DIAC Department of Immigration and Citizenship. A positive assessment of your documents and qualification by VETASSESS Vocational Education and Training Assessment Services should add more points to your total points scored on Skillselect. ASRI Australian Skills Recognition Information also requires you to meet certain Licensing or Registration requirements to comply with the job obligations. A registration can be procured from the local or state agencies and the licence on draining / plumbing / air conditioning / refrigeration / electricity needs to be procured for work over value AUD 1100.

Mississippi Car Salvage Laws

Auto salvage laws were implemented as a measure against the operation of unsafe vehicles on the roadways and Mississippi car salvage laws are no different. Before you are able to drive a recycled car in Mississippi, you are required to make sure that you meet the requirements for inspection and insurance, which are set by the Department of Public Safety. Whether you are the owner of just one salvage car or you sell recycled cars for a living, you must ensure that these requirements are met, since failure to comply with the laws can result in penalties or fines being imposed. Below are a few of the requirements:

Salvage Title

All trucks and cars operated in the state of Mississippi should have a title under code 162 of the Mississippi Department of Public Safety (DPS). You can visit the nearest DPS office in order to get a title for your salvaged car and will be asked to provide your address, name and the identification number of the vehicle that is provided on the salvage title application. Additionally, be sure to provide information relating to the type of damage the car suffered.

Motor Vehicle Inspection

Section 63-1309 of Code 162 requires that salvage cars must be inspected at any authorized auto inspection service station in Mississippi before the car is allowed on the states roads. Ensure you take proof that the car has been repaired when you go to have the car inspected as well as photos of the car before the repair was done. Remember, your inspection has to be done within the district you reside so make your appointments accordingly.

Flood/Hail Damage

Mississippis Salvage Inspection Unit has a Bureau of Investigation, which asks that insurance companies make contact with the DPS before they take over the ownership of any car declared salvage. In addition, insurance companies are also required to title the salvage car in the companys name beforehand. Four photos showing the state of the car before repair is also required in this case. The title for cars suffering flood damage will be marked Flood Brand but for those with hail damage, the title will remain unmarked.

Selling the Car

The DPS Bureau of Investigations require that you inform the buyer that the purchase is a salvage car as this will stay a permanent part of the cars title history. This requirement will apply regardless of how the vehicle was damaged.

Legal Review – Home Based Business

Legal Zoom is the highly endorsed do it yourself legal documentation company. It claims to save you legal fees for routine documentation creation and preparation. I am sure many lawyers would argue that non licensed individuals are capable of preparing their own legal documents. Most lawyers get paid to talk you out of any great idea you may have. Most lawyers get paid to put doubt in your head as well. How does the saying go – all lawyers are bad except yours? The fact of the matter is either you already have a business with an attorney you may or may not trust or you are just getting started in the world of high finance and enterprise.

The bottom line in this review is you have an idea for a business; you need to incorporate in order to get business cards, credit cards and open a checking account. Easy, no problem, you use Legal Zoom, get your business set up, start making money and then take your paperwork to a lawyer after you make your first million.

Don’t get me wrong setting up your business in a professional and legal manor is very important. Depending on the sophistication of your business should determine whether you should consider hiring an attorney from the get go. Doing it wrong could cost you far more than you save in setting it up yourself. Listen to me now I sound like a lawyer.

But seriously take the time to review the website. They offer a great deal of helpful information and comparisons when trying to decide between a LLC or Limited Liability Co., S-Corp or standard Corporation. Legal Zoom offers a complete list documents that can help protect your business and your intellectual property also. Trademarks, copyright and patent protection, many of you have web sites as well as products that need protection. Though your main purpose may be to get your business off the ground don’t forget to get your personal house in order. Legal zoom also provides documents for wills and trusts. Preserving your personal assets should also be important in the quest to wealth.

Tim Wagner is the owner of this site and he writes articles for his own site for further details about Legal Match and Legal Zoom please visit the site.

How Software Makes Legal Accounting Seamless

If you’re depositing retainers and other fiduciary funds into an escrow account, our last post provided some helpful rules of thumb for flawless trust fund accounting – in accordance with your state requirements. >

While you weigh the advantages of an integrated Attorney billing and trust accounting software , consider this. As a bookkeeping concept, trust accounting is fundamentally different from other types of accounting. It’s way more detailed. It must be capable of:

Supporting monthly bank reconciliations.
Producing three-way – not just two-way – reconciliation statements.
Furnishing details about general ledger balances, i.e. whether funds have cleared the bank.
Preventing common trust accounting mistakes, such as ledger card overdrafts, co-mingling with other ledger cards, duplicate check numbers, etc.
Printing checks, deposit slips etc.

Easy Time Bill closes the loop. Our legal billing software provides the following information at a glance:

Unbilled Balances: The legal billing software totals recorded but unbilled time and expenses.
Unpaid Balances: The billing software totals billed but unpaid time and expenses.
Operating Retainer Balance: The billing software displays each client’s current retainer balance-as it sits in your firm’s operating account.
Trust Retainer Balance: The billing software displays each client’s current retainer balance-as it sits in your firm’s trust account, or escrow account.

Viewing these four balances for each matter at a glance increases your accuracy-and puts you in control of your responsibilities, your accounts, and your cash flow. Specifically:

If the Unbilled Balance exceeds your comfort zone, you can invoice immediately-rather than waiting

until a scheduled billing date.
If the Unpaid Balances are rising, you can start sending payment reminder letters-along with overdue invoices.
If your invoices are unpaid, Retainer Balances are available, and your client engagement letter allows

you to do so, you can apply the balances to your unpaid invoices immediately.

When you have both software systems, your accounting suddenly works like magic.

Easy, right? That’s why it’s called Easy Soft.

Author Bio

Easy Soft specializes in helping law firms automate their processes, streamlining repetitive tasks and work flow with law practice management software. Practice management software such as law office billing systems and legal time tracking software.

Legal Safeguards – Secrets Of Good India Property Management Revealed

Understanding your rights within the Indian legal system
When we think of letting our property, the first thing that occurs to us, What if the tenant does not vacate my property? In the past, this was a valid fear. The older law, The Bombay Rent of 1947 protected the tenant from eviction and rent increases. This led to landlords losing control of their property. Finally in 1999, the Maharashtra Rent Control act was passed this time to protect both parties involved.
Most people still cling to the old notions of the Indian legal system. Mr. Patel from Harrow who owns a flat in South Mumbai, put it best, I know that all tenants are not bad but what if I let my flat out to a tenant who then refuses to vacate. I have heard that filing a court case in India takes years. I dont want to spend 5 or 10 years paying legal fees and appearing in court. I want my flat available when I need it. It is true that a legal case can take longer than anyone would wish, but there are alternative solutions.
Good property management companies use leave and license agreements that cover the right of recovering possession under the relevant sections of both the Bombay Rent Act and the Maharashtra Rent Control Act. They also include clauses of arbitration in case of dispute. Ideally, Leave and License Agreements are valid for 11 month periods and are duly registered. Tenants details are also submitted to the local police station.
If the tenant does not vacate, good property management companies assist by issuing notices on behalf of the landlord. If that does not work, a police complaint needs to be filed. The police then assist in evicting the tenants. In majority of the cases, this is all that is necessary to reclaim the property. The last resort is to go to the small causes court armed with the registered agreement. Typically such cases are decided within 15 working days with all the right documentation.
The Indian real estate market and the Indian legal system are safe and fair for the majority of law abiding citizens. Good property management companies ensure that landlords are protected, making their property ownership a joyful experience.
Want to know more about the Indian real estate market? Unesta is a property services firm, with offices in London and Mumbai, offering letting, sales and property management services to NRIs owning property in India. www.unesta.com / +44 207 125 0425.