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Hot plates are widely used by restaurants all around the country to present foods to customers or to heat and chill foods. The fact is that, mishaps do happen and people can sometimes suffer moderate or even severe burns from theses hot plates, resulting in financial costs to take care of the injured customers. To be able to successfully sue a restaurant for hot plate burns, customers must demonstrate that the establishment was negligent. A personal injury attorney can help you in the entire process.
Legal negligence occurs when the offending party performs an action that risks the safety of another individual. Restaurants, in addition to their staff, have a legal duty to guarantee the foods and beverages they serve satisfy the safety standards enforced by local and federal departments of health.
In accordance with appropriate conduct, restaurants are typically required to inform customers of potential hazards during the food service process. For instance, when a consumer orders a dish presented on a hot plate, the menu or waiter should warn the consumer about temperature concerns. If the establishment does not provide an appropriate warning and then a consumer is injured, the chance for a law suit based on negligence exists.
Immediately record each and every detail of the accident to begin the process of your personal case. Even minute details, including exactly what you were wearing or a waiter’s response to the incident, will assist you to prove your case. Record detailed notes on the placement of the dish, what the waiter said and your conversation with restaurant management. You have to also keep the medical records, as well as any other related reports, in a safe place. Most of all, you should check the statute of limitations on this type of case enforced by your state.
As a plaintiff in a burn case, you have to prove each one of the elements of a negligence case:
Duty – The plaintiff must prove the restaurant, or its employees, possessed a duty to exercise care when performing the service.
Breach of Duty – The plaintiff must prove that the restaurant, or its employees, breached the established duty of care.
Causation – The plaintiff must prove that the actions of the restaurant’s employees caused the injury.
Damages – The court must decide if a ‘reasonable person’ could possibly have suffered damages coming from the causation of the injury.
An injury attorney (see here) offers his expertise in this area of legal negligence, or tort law. Attorneys in this area of law help their clientele with physical or psychological injury claims stemming from car accidents, product injuries and service injuries. Personal injury lawyers make use of their knowledge in your case by performing a preliminary interview or consultation, reviewing the facts and evidence of the actual situation and determining if the case could very well be effectively tried in court. Once this is definitely determined, the attorney will file the appropriate paperwork and represent you in court.
Seller carry back mortgages refer to a type of real estate transaction where the seller provides all or part of financing to the buyer. Typically, sellers finance between 10- and 30-percent of the purchase price and buyers obtain the balance of financing through a lending institution.
l nofollow” target=”_blank” href=”http://www.simonvolkov.com/seller-carry-back-mortgages.html”>Seller carry back mortgages create a win-win situation for both buyers and sellers. Carry back financing is a good alternative for people with bad credit or those who do not possess sufficient funds for a large down payment.
When sellers provide mortgage financing they retain ownership of the deed of trust until the loan balance is paid in full. Most sellers require a down payment before entering into a mortgage finance agreement. Much depends on how desperate they are to sell the property.
When sellers partially fund mortgage loans they become the second mortgage note holder. If the buyer defaults on the second mortgage, the real estate can fall into foreclosure; placing the seller at risk and unable to collect the unpaid balance.
When buyers enter into seller carry back agreements they also assume risk. Should the seller default on mortgage payments, the buyer runs the risk of losing all vested monies. Therefore, it is crucial to execute legal documents describing seller financing terms.
Seller carry back home mortgages generally extend for two to five years. This provides buyers time to improve their fico score or establish a credit history through repayment of loan payments. Buyers should pay mortgage payments via personal checks which can be verified through lenders.
When buyers do not have a personal checking account they should purchase a certified or cashier check from a bank. Money orders should be used as a last resort. Money order payments are more difficult to verify unless the seller provides adequate documentation that payments were received in a timely fashion. Sellercarryback mortgage payments should never be paid in cash unless the seller provides a notarized statement.
Seller carry back mortgages offer financial benefits to both parties as long as real estate contracts are carefully crafted and legally executed. While rules and restrictions apply, seller financing provides room for flexibility and can be arranged to suit buyers and sellers needs.
Just as with conventional loans, sellers are allowed to charge interest on seller carry back trust deeds. Each state implements usury laws which specify the maximum rate of interest private lenders can charge. Sellers providing carry back financing must charge a lower rate of interest than mortgage lending institutions.
Late fees are regulated by usury laws and cannot exceed 10-percent of the monthly installment. Charging higher interest or late fees than allowed by usury laws is against the law and can result in jail time.
Executing a legally binding seller carry back mortgage requires the services of a real estate lawyer. At minimum, the attorney should review real estate contracts to ensure they abide by state laws.
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