what to be aware of when divorcing your spouse
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what to be aware of when divorcing your spouse

Every marriage is not meant to last forever. No matter what the reasoning behind the divorce, it is important to have legal representation for each side. I almost lost everything because my former spouse said that he was taking care of things and that he would be fair about how the assets were divided. It took several weeks for me to find out what he was up to. It was then that I hired my own attorney and got what I deserved. You should never attempt to go through a divorce without a lawyer working on your side. On my site, I have listed several of the issues that can get overlooked if you are inexperienced with divorce documents and proceedings.

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what to be aware of when divorcing your spouse

Why Strict Liability Is Not Automatic Liability

Joy Johnson

Strict liability is a legal theory that allows a personal injury victim to hold another party responsible for their injuries without proving that the other party's negligence or fault caused the injury. Strict liability rules apply only to a few specific injury cases; for example, it typically applies to:

  • Those who handle inherently dangerous items, such as explosives
  • Those who engage in criminal activities
  • Those who manufacture consumer products
  • Those who keep wild animals as domestic pets

For example, a person who keeps a pet snake is strictly liable for the injuries the snake may cause to other people. Therefore, if the snake somehow escapes and bites you, you don't have to prove that the animal's owner was at fault or negligent. You can hold the snake's owner liable for your damages as long as you can prove that they owned the animal and the animal caused your injuries.

Why It's Not Automatic Liability

As you can see, strict liability is not the same as an automatic liability. That is, you don't have a valid personal injury claim just because you have been injured by an inherently dangerous activity or product that falls under strict liability rules. There are three important proofs that you must have to succeed with a strict liability claim, and they include:

Proving an Inherently Dangerous Product or Activity

As previously mentioned, strict liability rules don't apply to all cases; it only applies to specific categories of injuries. In practical terms, this usually means that the defendant engaged in an inherently dangerous activity or controlled an inherently dangerous product.

Proving That the Product or Activity Caused You Injury

Secondly, you must prove that it was this inherently dangerous product or activity that caused your injuries. For example, you may be out of luck if you got scared about using an unsafe ladder and fell. However, you may have a strict liability claim if an unsafe ladder collapsed while you were on it.

Proving Actual Harm

Lastly, you may only use strict liability to pursue an injury claim if you can prove that you suffered actual harm. That is, a near miss or a great scare doesn't count; you must have suffered actual damages for you to succeed with this type of legal claim.

As you can see, you shouldn't assume that you have an automatic win on your hands just because you are relying on strict liability laws. This means you still need the help of an injury lawyer with your case. For more information, contact a law office like Trump & Trump.


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