Content Related To 'Accidents & Injuries'

Defective Drugs & Devices

Many Americans rely on drugs manufactured by large pharmaceutical companies for their heath and well being. Sometimes those pharmaceutical companies know of harmful side effects from the drugs they produce and fail to warn the public. The Food and Drug Administration (FDA) governs the manufacture and sale of medication, but often they do not take […]

“Assuming the risk” as a defense

“Assuming the risk” is a defense that a party can assert to try to limit or bar a plaintiff’s recovery in a tort action. A plaintiff is said to “assume the risk” when he  or she willingly and knowingly places himself or herself in a position where inherent risks are involved. The burden is on […]

Damage Caps for non economic damages like loss of consortium

Economic damages are damages that can be calculated with relative ease: loss of wages, medical bills and other expenses. Non-economic damages, such as pain and suffering and loss of consortium (the inability to have normal marital relations), are much harder to calculate. In response to large monetary verdicts and the growing cost of health insurance, […]

Wrongful-Death Damages

Wrongful death is a tort claim that occurs as a result of negligent conduct by a defendant. Most of the recoverable damages in a wrongful death suit are directed toward the survivors of the victim. Some of the recoverable economic damages include medical and funeral expenses, loss of future earnings, loss of benefits caused by […]

How and Where a Slip-and-Fall Injury Occurs

Slip-and-fall injuries aren’t limited to grocery stores and fast-food restaurants. A slip-and-fall cause of action can arise anytime you suffer a slip-and-fall injury as a result of a defective condition on someone’s property. Defective conditions include a wet spot on the floor, a rotted piece of wood or even poor lighting.  But there are also […]

What Goes into a a Personal Injury Accident Claim?

A cause of action for a personal injury arises when a person is injured because of the negligence or intentional acts of another. Common personal injuries arise from car accidents, slip-and-falls, medical procedures and defective products. States vary in their statutes of limitations for personal injury cases. Social Share

Tort Immunity : Immunity From Personal Injury Liability

In certain instances, a person or entity may be immune from personal injury liability. One of the most common examples of immunity is sovereign immunity. With sovereign immunity, federal, state and local governments are immune from certain personal injury liability. Many governments, however, have voluntarily waived their immunity from particular types of suits. For example, […]

Medical Malpractice Statute of Limitations : The Filing Deadline

Some state laws allow patients who are not immediately aware of a botched medical procedure to sue the doctor even if the original statute of limitations has expired. The key is whether the patient knew or should have known about the injury before the limitations period ended. If the patient did not know or should […]

Defendants are strictly liable for defective products

Statutes regarding liability for defective products vary from state to state. Most states, however, make defendants that manufacture defective products subject to strict liability instead of mere negligence. Strict liability means that the plaintiff need not prove the defendant is at fault. The plaintiff must prove only that the defendant manufactured a defective product. In […]

One-bite rule gives dog owners some slack in the leash

Most states have some form of a “one bite” rule that limits dog owners’ liability for their dog’s first bite. After the dog’s first bite, however, owners usually are strictly liable for any additional dog bites. A common exception to the “one bite” rule is if owners knew their dog had vicious propensities. In other […]