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Upon termination of a marriage by divorce, one of the most difficult problems is often division of the couple’s real and personal property. Although there are considerable differences in the way states treat property acquired by spouses while married, there are two common types of distribution schemes. Community Property v. Equitable Distribution “Community Property.” Nin…

Relatively recently, courts have begun awarding damages in certain cases for “loss of enjoyment of life,” also called “hedonic damages,” named for the ancient Greek school of philosophy called “Hedonists” who believed that life should focus on the pursuit of pleasure. The concept of a person being compensated for “loss of enjoyment of life” re…

“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 …

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…

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…