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December 2020

AttorneyDivorce

WHY HIRE A DIVORCE ATTORNEY

Divorce is the process of terminating a legal marital union. It involves reorganizing a couple’s duties and responsibilities, thus dissolving the uniting bonds under the rule of law in any country. The divorce process differs in all states, but in most countries, it involves a legal process in sharing of properties, providing child support and custody, spouse support, and parental visitation hours. Attorneys help in ensuring that the divorce process is done duly according to the stipulated laws. They are needed in settling the family issues that may not be calm as emotions may be involved.  The divorce attorneys in Fort Worth, TX help settle divorce cases amicably without necessarily involving the court.

DIVISION OF PROPERTIES

When a couple is married, they may invest in properties together. Some couples can divide their properties without involving third parties. In cases where a couple cannot get to an agreement, a divorce attorney helps solve the issue entirely and fairly. The properties may include homes, buildings land, among others. The property division depends on the time a couple has spent together, the amount of money and energy invested, and the personal properties of either couple, among other factors. In case one party is not satisfied with the settlement, they may seek help from the court of law, and the divorce attorneys are involved in settling the dispute and as they have a lot of knowledge regarding the issue.

CHILD SUPPORT AND CUSTODY

When a married couple opts for divorce, and there are minor children involved, they have to decide how they will support them. The support needed is financial, parental, and basic needs like education, health, and comfortable homes. If the parents cannot make the decisions individually, they involve a divorce attorney to settle the issues. Decisions made may include a parent getting full custody or shared custody of the children. If full custody is issued, the other parent is allocated visitation conditions to access and bond with the child.  If the issue needs to be settled in court, then the divorce lawyer represents the parties in court as they know the legal process.

In conclusion, divorce attorneys comprehensively cover family law, including child support and custody, property division, and spouse maintenance. They help protect assets in the event of death or divorce and formulate pre-marital and post-marital agreements. For couples that are not legally married, they help develop cohabitation agreements. Facilitation of fair distribution of assets upon divorce is settled between the couple, and they may involve legal help if they fail to get to a contract. Child support is given in terms of financial support to access the basic needs they need and suitable living conditions. Child custody is the assignment of one parent to take care of the children, and the other parent is given or denied a visitation period of when they can see the children. Divorce attorneys help ensure the whole process is fair and abides by the state’s stipulated law.

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Law

Could the Weather Affect a Slip and Fall Case?

There are a number of factors that must be considered in slip and fall cases, including the presence of adverse weather conditions. It is true that bad weather can play a major role in a premises liability case, which is why a victim who slipped and fell on someone else’s property must consult with an experienced slip and fall accident attorney to understand their legal options.

Adverse Weather Conditions That Contribute to Slip and Fall Accidents

Some bad weather conditions are likely to contribute to slipping and falling:

  • Snow
  • Sleet
  • Ice
  • Black ice
  • Rain
  • Hail
  • Wet debris or leaves
  • Slippery surfaces
  • Rainy puddles
  • Water buildup

How Bad Weather Impacts Liability in Slip and Fall Cases

In some cases, adverse weather conditions could impact the victim’s ability to hold the property owner responsible for their slip and fall injuries. Under NJ Rev Stat § 2A:42A-8.1, all property owners who allow public access have an obligation to keep their premises free of dangerous conditions.

When a property owner could not take any reasonable steps to prevent a dangerous condition from causing harm to visitors or customers, they cannot be held liable for the victim’s injury. For example, if a visitor slips on ice because of adverse weather conditions, the owner of the property where the accident occurred may not be held liable for the injury if the owner was unaware of the dangerous condition and could not have taken reasonable steps to remove the danger.

How Property Owners Could Use Weather to Avoid Liability in Slip and Fall Cases

Premises liability law requires individuals to use extra caution during periods of adverse weather conditions to reduce the risk of slip and fall accidents. Thus, when a visitor slips and falls on someone else’s property, the owner of the property may argue that the visitor failed to exercise due care in bad weather.

New Jersey follows the doctrine of modified comparative negligence. Under NJ Rev Stat § 2A:15-5.1, an injured party’s compensation is reduced in proportion to their own degree of fault.

Therefore, while property owners have a duty to protect their visitors and customers from harm and eliminate weather-related hazards, bad weather can be used as a defense to avoid liability for a slip and fall accident.

How to Reduce the Risk of a Slip and Fall Accident in Bad Weather?

While property owners have an obligation to eliminate weather-related hazards to prevent slip and fall accidents, visitors must take safety precautions to reduce the risk of slipping and falling.

Follow these tips to prevent slip and fall injuries in bad weather:

  • Wear slip-resistant shoes
  • Look before you step
  • Use handrails when walking on stairs outside or inside
  • Use a flashlight when walking in poorly lit places
  • Always stay vigilant
  • Put down your phone when walking in bad weather
  • Stay inside when the weather outside becomes unsafe

Adverse weather conditions can impact liability in slip and fall cases, which is why it is advised to hire an experienced lawyer to help you recover damages from the negligent property owner. Here at Lomurro, Munson, Comer, Brown & Schottland, LLC, our Freehold slip and fall lawyers will review your particular situation to determine liability in your weather-related accident. Call at 732-414-0300 for a consultation.

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