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In addition to laws passed by legislatures, there exists a body of principles derived from court decisions and other judicial sources called the “common law.” Courts frequently rely on common law in deciding cases. One common law principle often followed in civil lawsuits, such as personal injury lawsuits arising out of auto accidents, is the “collateral source” rule…

“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…

In general, people are not liable for the actions of others. There are, however, exceptions to this rule. One long-standing exception is the doctrine of “respondeat superior,” a Latin term meaning “let the master answer.” Historically, the doctrine allowed recovery from a master/employer for injuries caused by a servant/employee. One rationale was that the employer o…

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 …

The liability of property owners for injuries that occur to persons on their property is largely a creation of state law and court decisions. For this reason, the nature of a property owner’s duties to individuals on the owner’s property varies among states. Such duties may involve issues regarding the owner’s actions and/or the owner’s failure to act. Usually severa…