There is a common misconception that the only proof required in relation to product liability cases is that there was a defect with a product, and an injury to the plaintiff. In practice, it is a highly specialized and expensive type of lawsuit. Industry expert witnesses need to be consulted in the field in question to help to prove that the product was defective. There are numerous ways in which to prove fault in a product liability case; through negligent act or inaction; by way of strict liability; fraud and breach of warranty.
When a consumer buys a product they can expect it to meet certain ordinary expectations. If a manufacturer or other seller gives a consumer a product that has unexpected danger or risk attached to it, the consumer is likely to have a cause of action. There are two main types of liability in a products liability suit: the first concerns a product that has an inherent fault in its design or manufacture.
Defamation lawsuits are notoriously difficult to win. The First Amendment of the US Constitution is often problematic for plaintiffs trying to establish that they have been defamed. There are also a number of defenses to defamation: Truth The fact that the statement is true is an absolute, and perhaps obvious, defense to defamation. If, after either printing or saying something about someone, you can prove that what has been said is truthful there will be no liability for defamation.
You may have heard the term before, but not many people really know what defamation is or what it pertains to. The proper definition for defamation is a publication of statements made about someone to an individual other than the person being defamed. Defamation is when an individual defames another on purpose in order to hurt them emotionally and/or professionally. There are multiple defenses that can be used if you are being accused of committing defamation.
You may have heard the terms defamation, libel and slander used in the past, and particularly by the media when referring to well known individuals who feel that their name or image has been sullied by the actions or works of another party. But you do not have to be famous to suffer the ill affects of defamation, libel and slander. Defamation, libel and slander can occur as individual offenses or as a combination of two or more, in a variety of different situations. By understanding their meaning and how they are enforced, you can help to protect your own name and image in the f
Ninety-three percent of all assisted living facilities have programs in place to serve the elderly who can no longer care for themselves. Twenty-five per cent of all assisted living facilities care for cognitively impaired residents, who comprise half of their total populations.
The decision to place a loved one in a nursing home is difficult. Many times an emergent situation exists and the family is convinced to enter into an agreement with the nursing home for the loved one’s care. The agreement...
Maritime accidents account for over 759 boating fatalities a year according to the National Safe Boating Council. Maritime accidents consist of any accident that occur on a watercraft, on a dock, in the participation in water sports, on offshore drilling rigs, on cruise ships, and any accident that occurs on any waterway, sea, or any marine related incident.
Maritime causalities include any injury or fatality that occurs on a watercraft, dock, or any marine related incident regarding recreational or occupational maritime participation at the time of the incident. It can include offshore drilling rigs, cruise ships, personal watercraft, or water sports and can take place on any waterway including oceans, lakes, sounds, harbors, reservoirs, gulfs, rivers, and streams.
The US Code of Federal Regulations (CFR) outlines laws relevant to asbestos exposure, and provides information regarding other asbestos laws. These laws are established by state and federal governments to regulate asbestos exposure...
While a definitive cause of cerebral palsy is unknown, there are various ways in which cerebral palsy can result in children. Frequently, birth injuries can cause cerebral palsy. For instance, forceps assisted and vacuum assisted deliveries can result in damage to the infant which results in the condition. Moreover, shoulder dystocia and asphyxiation can result in damage that leads to cerebral palsy.
Birth injury or birth trauma refers to any damage suffered by an infant during the process of birth. Birth injuries commonly occur as the infant travels through the birth canal. The unborn fetus faces many hurdles during birth and a complicated birth only adds to those hurdles. A difficult birth increases the probability that something will go wrong and the greater, the danger of injury to the fetus in the process. The more complex the birth the greater the chances of birth trauma to the infant and that can have long-lasting repercussions for the infant and his/her family.
National Institute of Neurological Disorders and Stroke (NINDS) a branch of the National Institute of Health (NIH) defines a traumatic brain injury (TBI) as sudden trauma that causes damage to the brain. TBI can result when an object hits the head suddenly and violently or when an object pierces the skull and penetrates the brain tissue.