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Typically, owners of dangerous animals and others engaged in ultrahazardous activities owe an absolute duty to make the animal or activity safe. Failing to do so could subject the animal’s owner or the individual responsible for the ultrahazardous activity to strict liability for any resulting injuries to property or foreseeable victims (individuals to whom a reasonable person would h…
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Product or products liability is the area of personal injury law concerning liability for injuries caused by “defective” products. “Defective” products include products that are “unreasonably dangerous” for their intended uses.
The Principles and Reach of Product Liability Laws
Many of the general principles of law followed by U.S. courts come from Engli…
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A nosocomial infection, or hospital-acquired infection, is an infection that was contracted in a hospital. Such infections can be the result of many different factors including poorly sterilized equipment, defective equipment design (not allowing for proper cleaning) or hospital staff negligence. As with any medical malpractice claim, several aspects must be scrutinized to determine liabili…
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Many people enter into a “structured settlement” as a result of recovery on a legal claim, such as personal injury, medical malpractice, or workers’ compensation. A “structured settlement” takes a lump-sum award and turns it into a series of payments that may last for a specified period of time. This is usually accomplished by the purchase of an “annuity …
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An injured party who has successfully proven that the injury and damages were caused by the defendant may be entitled to an award of “punitive damages” in addition to actual damages. Punitive damages are designed to punish wrongdoing on the part of a defendant and to deter the defendant (and others) from similar conduct.
Punitive Damages
The injured party bears the burden of sho…
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