Critical Thinking in the Legal Environment: Torts and Products Liability University of Maryland University College Introduction Through the use of the precepts of product and service liability law‚ consumers can go to court to be compensated for the injuries and/or losses they experienced when using a particular product or service. Product liability cases are a significant portion of United States litigations; there are approximately one million cases a year (Kubasek‚ Brennan
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One very important issue in this case and many civil lawsuits is negligence. Negligence is when there is a failure to use reasonable care which results in injury or damage to another. It also asks who is responsible for one’s injury. In this case‚ Mrs. McKoy claims her injuries were caused by T & J’s negligent behavior. In order to prove negligence‚ T & J must be guilty of five elements: duty of due care‚ breach‚ factual cause‚ proximate cause‚ and damages. Duty of due care means that the defendant
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case against Cives will focus on the professional services Cives provided and will attempt to avoid any reference to construction negligence. Our defense will include presenting evidence that Cives met the applicable standard of care and that the accident was the result of construction negligence committed by Lend Lease and Midwest in addition to professional negligence on behalf of Midwest. Therefore‚ using the same percentages as set out above‚ a potential verdict against Cives solely with regards
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‘Is a no fault regime better than a negligence rule as a way of dealing with the causes and consequences of medical error?’ When assessing whether a no fault regime is better than a negligence rule in dealing with the causes and consequences of medical error‚ it would seem prudent to first understand the meaning of the term “medical error”. Liang defines medical error as ‘a mistake‚ inadvertent occurrence‚ or unintended event in health-care delivery which may‚ or may not‚ result in patient injury’
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Tort Reform: The Destruction of the Civil Court System “If it ain’t broke‚ don’t fix it”. This informal maxim can be applied to countless situations‚ from car maintenance to business practices. It can also be applied to the idea of tort reform and its effect on the civil court system in the United States. ‘Tort reform’ commonly refers to “proposed changes to common law civil justice systems that would place limits or caps on tort litigation or damages to be awarded to a plaintiff” (“Tort Reform
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Federal Tort Acts of 1946 Jenna Smith CJA 520 Professor Mark Holley July 30‚ 2011 Introduction In the United States today if you as an officer put either you or your department in a liability‚ for any type of act that is not warranted and handled in a professional manner you are opening yourself for a number of different actions which could hurt both you‚ your department as well as causing you to loss everything that you own‚ just because you decided to not following proper protocals which
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environment. The duty of care includes using wet floor signs when spills occur. Management’s failure to place these A-framed caution signs on wet and slippery places would represent a violation of their duty of care. That violation would be considered negligence. An exception to the duty of care rule‚ states‚ to be negligent‚ employees must have a reasonable amount of time to discover the issue. If they did not have time to see a potential hazard and fix it‚ the company may not be considered negligent and
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Memorandum TO: Janet Jones Supervising Attorney FROM: Susan Steichen Paralegal RE: Potential case of Mr. and Mrs. Sherman on behalf on the minor son DATE: September 22‚ 2012 Questions Presented Did the Church of Divine Light (CoDL) make threats to the minor Sherman into believing that if he left he would be “thrown into the eternal fires of Hell”? Did the CoDL intentionally brainwash Rob Sherman Jr.‚ to cut all contact from his family? Brief Answer Yes. The CoDL had brainwashed the minor
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Recognizing and Minimizing Tort and Regulatory Risk Plan Karla Ann Lewis Individual Assignment Professor James Eisneman University of Phoenix December 14‚ 2010 Recognizing and Minimizing Tort and Regulatory Risk Plan This regulatory risk plan will recognize the most common torts and risks that are associated business regulation simulation that the learning teams of this course studied. This risk plan will also include how regulatory risks will be identified and analyzed through preventive
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1. What kinds of judgments/settlements were reached? Did you see nurses placed on probation‚ conditional licensure‚ or did some actually lose their license to practice nursing? List and comment on at least 3 types of judgments. Did you agree or disagree with the judgments/settlements that were handed down during the meeting? Include ethical principles that directly or indirectly surfaced during the cases that were presented. (10 pts) C. Blume was arrested and charged with an OWI and endangerment
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