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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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There is no concise formula to determine whether injuries sustained from a fall are the responsibility of another. Each case is individually evaluated to see if the business or property owner was careful to prevent any injuries. The injured individual is also evaluated to see if they were acting carelessly when the slip and fall took place. In order for a property or business owner, or one …
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Individuals who have been injured by a defective product will have a valid legal claim against the manufacturer or distributor of the product if they can prove that the product was defective and that the product defect caused their injury. Traditionally, courts have required the injured party in a product liability case to prove their case with direct evidence, by testifying as to how the p…
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In one decade, cellular telephone use has gone from being a novelty for the fortunate few, to being commonplace in our society. Most Americans have a “cell phone” and many use them while driving. In light of the associated dangers, highway safety advocates argue that cell phone use while driving adversely affects a driver’s concentration and reaction time, thereby posing a…
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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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