Negligence does not simply mean doing something wrong. All the following elements must exist for an act to be considered negligent: Lack of reasonable care Breach of duty Injury to the victim Foreseeability (knowing an act would occur based on the circumstances) Damages
Description.
What is the statute of limitations in a civil case?
Generally, 3 years from the date the incident occurred.
I was burned by a curling iron; can I sue the manufacturer?
This would be a products liability case and you may be able to sue but know that although the manufacture is responsible for defective products, the following will be considered in your case: Was the defect unreasonably dangerous? he seller, where you bought the iron from, must be in the business of selling that product […]
I’ve heard the phrase “assumption of risk.” What does it mean?
It is used as part of a defendant’s defense. It states that a user assumes the risk in the following ways: If you have discovered the risk, but disregard it If you have failed to properly maintain an item If you have failed to follow the enclosed directions
What is wrongful death?
Laws that give survivors a cause of action against someone whose negligence resulted in the victim’s death.
What is an appellant?
The party who lost at trial is called an appellant on appeal.
What is emotional distress?
Mental anguish.
What are injunctions?
Court orders for defendants to stop them from doing something (i.e. temporary restraining orders).
What is litigation?
A lawsuit.
What does “res ipsa loquitor” mean?
It is a Latin phrase meaning, “the thing speaks for itself.”