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UPI.com: Judge green-lights Chinese drywall cases (8-12-2010)
To view the original article, click here. WEST PALM BEACH, Fla., Aug. 12 (UPI) — Chinese drywall cases consolidated in a Florida county may move forward without waiting for rulings in drywall cases filed in federal courts, a judge ruled. Palm Beach County Circuit Judge Glenn Kelley’s decision rejected arguments by builder Centerline Homes Inc. [...]
Learn More: Plaintiff’s Personal Injury Law
Personal injury actions require, by their nature, that someone be injured. The requisite injury can either by physical or, in some cases, emotional. The general goal of personal injury actions is to place the blame for the injury on the party who caused it and to require that party to compensate the injured for the [...]
Can anyone bring a wrongful death claim?
No. Generally, most states that recognize a wrongful death cause of action limit the pool of potential plaintiffs. Some states limit this group to the deceased’s primary beneficiaries, defined as the surviving spouse and the deceased’s children. Other states allow the parents of the deceased individual to bring a wrongful death claim. In addition to [...]
What is a slip and fall action
A slip and fall action is a type of personal injury lawsuit filed by a plaintiff who has been injured by a slip and fall, usually on the defendant’s property. Examples of very common slip and fall plaintiffs include the grocery store patron who slips on a spill or a piece of food on the [...]
What remedies does a railroad worker, who is injured while working, have?
Most individuals injured at work are prohibited from filing ordinary personal injury lawsuits against their employers. Instead, injured workers are generally required to file a claim under the state’s workers compensation procedure. An injured railroad worker must bring a claim for benefits under the Federal Employer’s Liability Act (FELA) for compensation for his or her [...]
Is an owner of property liable for using deadly force to defend their property?
Generally speaking, an owner of property may not use deadly force to defend his or her property. Society values human life and bodily integrity much higher than property. Therefore, the life, health and safety of an individual, even an intruder, is considered to be more valuable than the china or stereo that the individual is [...]
Can a person recover damages for injuries sustained on someone else’s property?
Property owners have a duty to protect members of the public from injury that may occur on their property. An injured person may be able to recover money for those injuries if he or she can prove that the property owner failed to meet that duty. The hurdle plaintiffs face is that the nature and [...]
Does the average member of the public have any privacy rights?
Yes. The average member of the public is entitled to privacy protections, although the strength of those protections will vary depending upon the particular factual circumstances. Generally, there are four different actions that an injured plaintiff can allege to recover for an unlawful invasion of his or her privacy. The first concerns the unlawful appropriation [...]
If a dog bites a person, is the owner liable for doctor’s bills?
In general, the answer to this question is “yes.” An owner of a dog or any animal may be held liable for the injuries that his or her animal causes to others. However, the ease with which a plaintiff can win a “dog-bite” lawsuit differs from jurisdiction to jurisdiction depends on the legal theory of [...]
What must a plaintiff prove to recover for an assault or battery?
The terms “assault” and “battery” are often erroneously used interchangeably. However, they do not mean the same thing. An assault can be defined as the threat to use unlawful force to inflict bodily injury upon another person. The threat, which must be believed to be imminent, must cause reasonable apprehension in the plaintiff. Therefore, if [...]