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When a vehicle accident results in damage, injury, or death, the party whose carelessness (negligence) caused the accident may be held financially liable, in whole or in part, for the damages and injuries sustained. The process of determining who was “at fault” varies from state to state, and some states do not require any determination of who was at fault, but rely on “no…
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Many people embark on a lawsuit without taking into consideration all possible consequences. Litigation can be very costly and not all the costs are obvious. Most expect the costs of hiring an attorney and make payment arrangements, usually payable based on an hourly fee schedule or on a “contingency” basis (i.e., the lawyer is paid only if successful, usually out of any judgmen…
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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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In general, people are not liable for the actions of others. There are, however, exceptions to this rule. One long-standing exception is the doctrine of “respondeat superior,” a Latin term meaning “let the master answer.” Historically, the doctrine allowed recovery from a master/employer for injuries caused by a servant/employee. One rationale was that the employer o…
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In general, the broad term “elder abuse” is used to encompass several forms of misconduct directed toward individuals aged 60 or older. Elder abuse is considered to be a serious problem in the United States by the Administration on Aging (AoA) of the U.S. Department of Health & Human Services. The AoA reports that, each year, hundreds of thousands of older persons are abuse…
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