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When a vehicle accident results in damage, injury, or death, the party whose carelessness (negligence) caused the accident may be held financially liable, in whole or in part, for the damages and injuries sustained. The process of determining who was “at fault” varies from state to state, and some states do not require any determination of who was at fault, but rely on “no…
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A nosocomial infection, or hospital-acquired infection, is an infection that was contracted in a hospital. Such infections can be the result of many different factors including poorly sterilized equipment, defective equipment design (not allowing for proper cleaning) or hospital staff negligence. As with any medical malpractice claim, several aspects must be scrutinized to determine liabili…
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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…
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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…
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The doctrine of “sovereign immunity” protects the U.S. and other governments from lawsuits. In 1946, Congress adopted the Federal Tort Claims Act (FTCA), which created a limited waiver of that immunity. The Federal Tort Claims Act Under the FTCA, individuals may bring suit against the U.S. government for money damages for injury to or loss of property, personal injury, or wrongf…
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