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Authorities suggest that “lay” witnesses may testify to conclusions drawn from their own observations, while an “expert” expresses an opinion based on special knowledge, skill, experience, training, or education. The testimony of a civil engineer in a 1782 English case may be the first recorded use of expert testimony. In many lawsuits, the testimony of an “exp…
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When a product is defective or harmful to the public, the Food and Drug Administration (FDA) may order or request a recall of the product from the market. Sometimes, the manufacturers of defective products will voluntarily recall the defective product, while other recalls are ordered by the FDA. Can the FDA Order a Recall? The FDA does not have the authority to “order” recalls. …
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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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In general, individuals may be held liable for damages arising from their negligence, and businesses may be held liable for the negligence of its employees. However, it may be possible to avoid such liability under certain circumstances through a “waiver of liability”, or similar document. Waivers of Liability A waiver of liability is an agreement to release a party providing f…
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