| Res Ipsa Loquitur |
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| In a personal injury action, a plaintiff usually must prove that a defendant was negligent and that the defendant's negligence caused the plaintiff's injuries. However, in some cases, there is no direct evidence of negligence. For example, spectators are watching a basketball game in a high school gymnasium. More... |
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| Wrongful Death and Survival Statutes |
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| Every state has some type of wrongful death statute that allows for a decedent's beneficiaries to recover damages after a defendant willfully or negligently causes the decedent's death. More... |
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| Tort Law--Substance and Procedure |
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| Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. Law is sometimes divided into substantive law and procedural law. This article discusses the distinction between substantive law and procedural law as it relates to tort law and personal injury. More... |
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| Governmental Immunity from Suit |
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| If a party is injured by some act of a governmental unit, official, or agency, he may or may not be permitted to sue. The reason that he may be barred from suing is because of "sovereign immunity." Traditionally, this doctrine protected governmental units, officials, and agencies from liability based on their tortious acts unless they had consented to being sued. Now, this immunity has been waived in large part and only applies in certain circumstances. More... |
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| Torts in Snow Sports |
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| Injuries are common in snow sports because of the dangerous nature of the activities. Under certain circumstances, an injured party may be able to recover for injuries that are caused by improperly maintained conditions or equipment. More... |
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