četvrtak, 22. listopada 2009.
What is an ‘intervening cause’?
An intervening cause comes between one act (or failure to act) which alters the natural and continuous series of events that follows. When an intervening cause is present, since the natural chain of events have been changed due to the subsequent act of another, the initial actor may be relieved of the responsibility for an injury that is produced. In the example provided for proximate cause, the act of the stranger picking up the ball and throwing it through the window is an intervening cause which relieves you from the responsibility for injury which may have occurred as a result of your act. The responsibility for the injury to the lady is shifted and the stranger's act becomes the proximate cause for the lady's injury.
What is ‘proximate cause’?
Proximate cause is the initial act which sets off a natural and continuous sequence of events that produces injury. In the absence of the initial act which produces injury, no injury would have resulted. Any time you act, you start a series of natural and continuous events to occur (for example, after swinging your arm with a ball in your hand, you release it and the ball then rolls down a hill).
Responsibility for injury lies with the last negligent act that produces the injury (after the ball rolls down the hill, a stranger picks it up, throws it through a window which breaks the glass, causing the glass to shatter and strike a person who was sitting next to the window, cutting her arm and requiring her to obtain medical treatment). In this example, although you caused the ball to roll down the hill, your act is not the proximate cause of the injury to the lady sitting next to the window, the stranger's act is the proximate cause of the lady's injury and the stranger, not you, should be held responsible for the injury that she suffered.
What is negligence?
A person is negligent when he or she fails to act like the standard ordinary reasonable person. Of course the critical issue in many cases is just how an "ordinary, reasonable person" was expected to act in the particular situation that caused the injury.
For example, an ordinary, reasonable person can travel down the Interstate, which has a posted speed limit of 65 miles per hour, at 65 miles per hour. However, if dense fog is present, the same ordinary, reasonable person would be expected to reduce his/her speed of travel. Suppose someone plows into your car while she was driving at 55 or 45 or 35? Would that be what the standard ordinary reasonable person should have done?
The determination of whether a given person has met his/her "ordinary reasonable person" standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.
What is ‘strict liability’?
Strict liability is a legal doctrine that makes some persons responsible for damages their actions or products cause, regardless of any "fault" on their part.
Strict liability often applies when people engage in inherently hazardous activities, such as doing "blasting" in a city, or keeping wild circus animals. If the blasting damages you -- no matter how careful the blasting company was -- it is liable for the injury. Similarly if the animals escape and injure someone, the fact that the circus used the world's strongest cages and the highest standard of care imaginable will not let it get off the hook.
Strict liability also may apply in the case of certain manufactured products. In strict product liability, typically anyone who is engaged in the stream of commence of the product (from the manufacturer to the wholesaler to the retailer, or all of them) can be held responsible if the product was defective and someone was injured. There is no need to prove negligence but the injured party must prove that the product was defective.
Defective products may be the result of bad manufacturing for the failure to provide adequate instructions for the use of the product. Those engaged in the stream of commerce with respect to products should reasonably foresee that some people will misuse the product and should design the product so that injury does not occur.
Disclaimers and waivers of liability for products are often invalidated by courts as against public policy (courts should not condone the manufacture and distribution of defective products) and typically warranties are limited so that manufacturers and retailers are held responsible for personal injuries caused by the use of the product.
Personal injury
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Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property.The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another.
The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases. If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from that party. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform. Attorneys often represent clients on a "contingency basis," in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved. Oftentimes, having an attorney becomes essential because cases become extremely complex, such as in medical malpratice cases. In England and Wales, under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be commenced within 3 years of the date of the accident, failing which the claimant will lose the right to bring his or her claim. However, injured parties who were under the age of 18 at the time of their accidents have until the day prior to their 21st birthdays to commence proceedings.
A court has the discretion to extend or waive the limitation period if it is considered equitable to do so.[1] Legal Aid for personal injury cases was largely abolished in the late 1990s and replaced with arrangements whereby the client would be charged no fee if her or his case was unsuccessful (known as No win, no fee). No win no fee is the term used to describe the Conditional Fee Agreement (CFA) between a law firm and their client. In a Personal Injury claim, this is an agreement between the client and their lawyer, which will enable the lawyer to take on a personal injury case on the understanding that if they lose the case, the client will not have to pay their lawyer’s costs.
However if the lawyer wins the case they will be entitled to their standard fee plus an uplift referred to as a success fee. In English law, the success fee cannot be greater than 100% of the lawyer’s standard fee.
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nedjelja, 18. listopada 2009.
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četvrtak, 1. listopada 2009.
Personal injury law
Brain Injury
:: acquired brain injury
:: brain injury
:: brain stem injury
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Types of Personal injury
:: Auto Accident - Millions of auto accidents occur each year, injuring people and damaging property. Where a matter is very minor, many people file the needed reports with the police or DMV, tell their insurance companies, and go on with their lives, paying the losses out of pocket. But all too often the matter is not minor, and can cost you significant amounts of money and significant personal sacrifice or pain
SELECT STATE
:: back injury - Even in what seems to be relatively minor accidents people can injure their neck and back. The force generated by an accident forces the spine forward and backward, or side to side. This can tear and stretch muscle, resulting in painful injuries.
:: burn injury - A burn injury is a leading cause of unintentional death in the United States, surpassed only by vehicle crashes and falls. The leading cause of death among children ages 14 years and younger is from accidental deaths, with burn injury being one of the five leading causes of accidental injury. A burn injury can be caused by hot liquids, flames, chemicals or electrical sources and can be a lot more serious than initially believed, affecting various functioning.
:: bus accident
:: Back and Neck injury
:: Boating Accident
:: Car Accident
:: Construction Accident
:: Crush Injury
:: burn injury - A burn injury is a leading cause of unintentional death in the United States, surpassed only by vehicle crashes and falls. The leading cause of death among children ages 14 years and younger is from accidental deaths, with burn injury being one of the five leading causes of accidental injury. A burn injury can be caused by hot liquids, flames, chemicals or electrical sources and can be a lot more serious than initially believed, affecting various functioning.
:: bus accident
:: Back and Neck injury
:: Boating Accident
:: Car Accident
:: Construction Accident
:: Crush Injury
SELECT STATE
| · Alabama | · Georgia | · Maryland | · New Jersey | · Rhode Island | · Wisconsin |
| · Alaska | · Hawaii | · Massachusetts | · New Mexico | · South Carolina | · Wyoming |
| · Arizona | · Idaho | · Michigan | · New York | · South Dakota | |
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| · California | · Indiana | · Mississippi | · North Dakota | · Texas | |
| · Colorado | · Iowa | · Missouri | · Ohio | · Utah | |
| · Connecticut | · Kansas | · Montana | · Oklahoma | · Vermont | |
| · Delaware | · Kentucky | · Nebraska | · Oregon | · Virginia | |
| · D.C. | · Louisiana | · Nevada | · Pennsylvania | · Washington | |
| · Florida | · Maine | · New Hampshire | · Puerto Rico | · West Virginia |
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