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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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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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“Sport Utility Vehicles” (SUV’s) have become increasingly popular. It has been estimated that SUV’s comprise 25% or more of new car sales, as opposed to only 2% in 1985. Unfortunately, serious questions have been raised about the safety of SUV’s. The potential danger does not appear to have impeded the growth of SUV popularity, nor deterred many people from pur…
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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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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 abuse…
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