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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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Product or products liability is the area of personal injury law concerning liability for injuries caused by “defective” products. “Defective” products include products that are “unreasonably dangerous” for their intended uses. The Principles and Reach of Product Liability Laws Many of the general principles of law followed by U.S. courts come from Engli…
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Car manufacturers will voluntarily recall certain cars when faulty car parts cause injuries or death. Several manufacturers have recalled cars because of faulty seat belts and belt failures. Lawyers and consumer groups such as Public Citizen have served as public safety advocates in the area of car recalls, catering to consumer complaints and lobbying for the voluntary recall of dangerous …
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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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In general, individuals may be held liable for damages arising from their negligence, and businesses may be held liable for the negligence of its employees. However, it may be possible to avoid such liability under certain circumstances through a “waiver of liability”, or similar document. Waivers of Liability A waiver of liability is an agreement to release a party providing f…
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