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Personal injury cases arise under different situations and cover a wide variety of injuries. Personal injury cases are based on tort law. A tort is a civil wrong that causes an injury or harm to another person. State statutes and common law have created the law of torts. State statutes may define a tort and limit the amount of damages a plaintiff can recover. However, the law as it has evolved over time through judge-made law, also known as the common law, generally applies to the law of torts. Personal Injury and the Law of TortsWhile some torts can result in criminal prosecution and imprisonment, the primary goal is to award damages to the person injured and to discourage others from harming others in the same manner. A person may receive a damages award for present and future losses, including those losses incurred through reasonable medical and hospital expenses, loss of earning capacity, harm to marital relationships, and physical and emotional pain and suffering. In addition, if an intentional tort is committed, the court may award punitive damages, or a monetary award to punish the defendant. Attorneys' fees are also sometimes awarded if allowed by a statute. |
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Last Updated August 4, 2008 |
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A property owner or business may be held legally responsible for a person's injuries when a person and slips and falls on business or residential property. Not all slip and falls are compensable, and whether liability arises depends upon the law of the state in which the accident occurred. Generally speaking, a business or property owner will be held liable for injuries that occur as a result of a dangerous or hazardous property condition that a reasonable property owner knew or should have known existed. Slips and falls commonly occur as a result of snow, ice, rain, water, abrupt changes in flooring, lighting, or a hidden hazard such as a hole in the ground. |
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Last Updated August 4, 2008 |
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While a minor is generally responsible for the damage he or she causes, it is difficult, if not impossible, to collect monetary reparations from a minor. Thus, the parents and guardians of children are legally responsible when a child commits a criminal act, or damages and injures another person, animal or property. Parents and guardians are held responsible under the theory of "vicarious liability." While a "parent" may be anyone who exercises control or authority over the child, typically the custodial parent is the one held civilly responsible for the child's acts. Parental vicarious liability stems from a parent's responsibility to supervise and educate a child. |
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