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Relatively recently, courts have begun awarding damages in certain cases for “loss of enjoyment of life,” also called “hedonic damages,” named for the ancient Greek school of philosophy called “Hedonists” who believed that life should focus on the pursuit of pleasure. The concept of a person being compensated for “loss of enjoyment of life” re…
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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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“Product liability” is the area of the law enabling recovery for those injured by defective products. Some commentators suggest it reflects a balance between the benefits that society as a whole reaps from technological developments versus harm to consumers when the products are defective and cause injury. Product liability is largely established by state laws, including actual …
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The U.S. Consumer Product Safety Commission (CPSC) regulates the distribution of 15,000 types of consumer products that pose an unreasonable risk of injury or death to the public. As young children are particularly susceptible to injury, the CPSC imposes strict guidelines for toy distribution, and responds quickly when certain toys either injure or kill a young child. Small Balls Marketed …
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Medicare, established in 1965, is a federal health care plan for those 65 and older, in addition to certain persons under 65 (e.g., the disabled). In the event a Medicare recipient is injured through the fault of another, he or she may have the right to recover from the person causing injury (or his or her insurance company). Medicare Medicare was initially the “primary payer” f…
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