There is no concise formula to determine whether injuries sustained from a fall are the responsibility of another. Each case is individually evaluated to see if the business or property owner was careful to prevent any injuries. The injured individual is also evaluated to see if they were acting carelessly when the ... More

Studies have shown that at least 40% of all traffic fatalities are alcohol related.  In addition, each year billions of dollars in damages are precipitated by drunk driving.  In many states, liability for these damages may be shared by the driver and the seller or provider of the alcohol.   Common ... More

People who are injured on the property (or "premises") owned and/or maintained by others may be able to recover for their damages (e.g., medical expenses, pain and suffering, and lost wages). Their success may depend on a number of factors, including the circumstances surrounding the injury and the laws of ... More

Food poisoning lawsuits may require special proof to establish the liability of a restaurant or other food service provider. This article focuses on food poisoning that involves toxins unintentionally formed by biological processes (as opposed to intentional food poisoning).  The symptoms of food poisoning depend on the type of poisoning, ... More

Generally, the law holds pet owners responsible for the actions of their pets. Dog owners, in particular, should be aware of the law regarding liability for dog bites and other injuries. Dog owners are not necessarily always at fault and may have defenses.Law Regarding Dog Bites Many states have enacted ... More

In most states, individuals generally have the right to defend themselves from unlawful physical force. An analogous extension of this right of self-defense is the right to protect property from trespassers. This right may relieve a property owner of liability for actions that would otherwise be considered either an actionable tort ... More

Typically, owners of dangerous animals and others engaged in ultrahazardous activities owe an absolute duty to make the animal or activity safe. Failing to do so could subject the animal's owner or the individual responsible for the ultrahazardous activity to strict liability for any resulting injuries to property or foreseeable ... More

An increasing array of goods and services are offered through "franchises." Franchising is not a new concept, but it has exploded in popularity in the past 50 years or so. In a franchise arrangement, entities with a nationally recognized name enter into relationships with others to market goods and/or ... More