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Over the years, intra-family immunity from lawsuits against other family members developed; “parental immunity” and “spousal immunity.” Some have suggested that these immunities were part of a body of rules that historically limited tort recoveries in general. At one time, there was even a certain stigma to bringing a lawsuit against another family member for damages…
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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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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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Car manufacturers will voluntarily recall certain cars when faulty car parts cause injuries or death. Several manufacturers have recalled cars because of faulty seat belts and belt failures.
Lawyers and consumer groups such as Public Citizen have served as public safety advocates in the area of car recalls, catering to consumer complaints and lobbying for the voluntary recall of dangerous …
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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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