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Depending on the jurisdiction, spouses, children, and parents may be able to recover for a “loss of consortium” in personal injury and wrongful death actions. Some states have extended the availability of loss of consortium damages to other parties, including grandparents and non-married cohabitants. Note, however, that the status of the law with respect to this issue varies c…
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An increasing array of goods and services are offered through “franchises.” Franchising is not a new concept, but it has exploded in popularity; according to statistics compiled by Price Waterhouse Coopers in 2005 (the latest year for which data was available), franchising is a business model used in over 70 industries in the United States which generates over $2.3 trillion in U…
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“Product liability” is the area of the law enabling recovery for those injured by defective products. Some commentators suggest it reflects a balance between the benefits that society as a whole reaps from technological developments versus harm to consumers when the products are defective and cause injury. Product liability is largely established by state laws, including actual …
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The U.S. Consumer Product Safety Commission (CPSC) regulates the distribution of 15,000 types of consumer products that pose an unreasonable risk of injury or death to the public. As young children are particularly susceptible to injury, the CPSC imposes strict guidelines for toy distribution, and responds quickly when certain toys either injure or kill a young child. Small Balls Marketed …
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A person injured in an accident caused by the negligence or fault of another may eventually be able to recover damages from the person at fault. However, accident injuries usually require immediate treatment. If the injured party lacks medical insurance and the resources to pay for such treatment, a “medical lien” may provide a viable alternative. Medical Liens A medical lien b…
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