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Governments and government agencies are potentially liable for accidents caused, in whole or in part, by defects in highway design and maintenance. Such liability is heavily dependent on local law and the extent to which the doctrine of “sovereign immunity” is enforced in a particular state. Sovereign Immunity The doctrine of “sovereign immunity” was inherited from E…
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Workplace injuries are usually followed by a Workers’ Compensation claim filed on behalf of the injured employee. However, in certain situations a lawsuit against the employer may be more appropriate and more rewarding for the injured worker. The typical Workers’ Compensation scenario involves an employee suffering an injury while at work. The injured worker then makes a Workers…
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Although the public tends to trust the integrity of a product and the company that produces it, not all products are made safely and injury can result from products that are improperly designed, manufactured or distributed. In order to recover damages for injuries sustained as a result of faulty consumer products, the victim must prove that the product was defective or unreasonably dangero…
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In one decade, cellular telephone use has gone from being a novelty for the fortunate few, to being commonplace in our society. Most Americans have a “cell phone” and many use them while driving. In light of the associated dangers, highway safety advocates argue that cell phone use while driving adversely affects a driver’s concentration and reaction time, thereby posing a…
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The doctrine of “sovereign immunity” protects the U.S. and other governments from lawsuits. In 1946, Congress adopted the Federal Tort Claims Act (FTCA), which created a limited waiver of that immunity. The Federal Tort Claims Act Under the FTCA, individuals may bring suit against the U.S. government for money damages for injury to or loss of property, personal injury, or wrongf…
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