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Preemption

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In the city of San Luis Obispo, a person has a right to file a lawsuit when they are injured. In some cases, preemption, or the legal rule that federal laws come into play over state laws, occurs. When a local or state law contradicts a federal law, the federal law will govern the case. The same occurs when a local law is in conflict with a state law. In these cases, it is the state law that will be followed.

There is a Supremacy Clause in the U.S. Constitution that says:

“The Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, and in the constitution or laws of any state to the contrary notwithstanding.” This is the wording of Article VI, Clause 2 of the U.S. Constitution.

When a person is injured due to the negligence of another, whether an individual, group of individuals or an entity, they have the legal right to file suit for their damages. Victims can reasonably expect to be compensated for medical bills, lost wages and more. Any person who is injured due to negligence should consult an attorney experienced in personal injury law to determine their legal rights. An attorney can also advise a victim whether local, state or federal laws have been violated.

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