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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 have …
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Once a lawsuit is filed to recover damages for a personal injury, breach of contract, or other cause of action, the case will usually proceed through several phases. The first phase of a lawsuit usually entails the preparation and filing of a “complaint,” which basically sets forth the plaintiff’s reason for bringing forth the lawsuit. The complaint is then usually “served” on the…
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“Negligent hiring” is a legal doctrine that holds employers liable for unlawful acts committed by their employees. The issue arises when an employer hires a person that she knew or should have known could pose an undue risk of harm to others within the course and scope of employment.
Under this doctrine, the employer has the responsibility for checking the background and references of a…
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Individuals who have been injured by a defective product will have a valid legal claim against the manufacturer or distributor of the product if they can prove that the product was defective and that the product defect caused their injury. Traditionally, courts have required the injured party in a product liability case to prove their case with direct evidence, by testifying as to how the p…
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According to the National Highway Traffic Safety Administration, distracted driving accounted for nearly 6,000 deaths in the United States in 2008 alone, and over half a million injuries. That fatality number accounts for 16 percent of traffic deaths. Distracted driving is on the rise, probably due to the increased availability and popularity of electronic gadgets that take the driver’s…
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