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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 “expert” witness is es…

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 English common la…

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 …

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…

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 abused, neglected …