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Depending on the jurisdiction, spouses, children, and parents may be able to recover for a “loss of consortium” in personal injury and wrongful death actions. Some states have extended the availability of loss of consortium damages to other parties, including grandparents and non-married cohabitants. Note, however, that the status of the law with respect to this issue varies c…
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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 referen…
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It is undeniable that the coordination of many skills is required for safe driving. Many of the physical and mental changes that come with aging diminish such skills. Aging commonly results in one or more of the following impairments: Diminished reflex response Drowsiness resulting from medication Impaired vision and hearing Loss of muscle strength and flexibility Reduction in the ability …
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Elder abuse is a growing problem. As medical conditions become more serious and debilitating, the elderly are often unable to care for themselves. Accordingly, the elderly may become more dependent on those who care for them, and subsequently, more susceptible to abuse. While many elders live in nursing homes, most live at home or with family. As such, abuse is most often perpetrated by adu…
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Although “loss of consortium” damages are traditionally associated with spousal relationships, modern cases have extended the right to recover them to parent-child relationships. Referred to as “filial consortium damages,” these awards are intended to compensate the parent for the loss of affection, love and companionship that results from a child’s injury or d…
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