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(Las Vegas, Nevada) Imagine driving a vehicle while eating french fries. The fries spill, the driver reaches over to get them and, in the process, spills his milkshake. He then hits another vehicle. As a result of this accident, he opts to sue the fast food restaurant where he purchased the fries and drink. He then opts to sue the restaurant, claiming they brought about the accident. Although he did not win his case, it made it all the way to the New Jersey Supreme Court before it was thrown out. Individuals need to know they have legal recourse when they feel they are injured through the actions of another party, and Eric Palacios & Associates Law Firm ( http://ericpalacioslaw.com/areas-of-service/personal-injury/) is
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He felt the restaurant was responsible and wanted to see that they took this responsibility seriously. We sit down with anyone who feels they have a personal injury case to determine if another party can be held accountable for their injuries based on the particular circumstances of their case. Everyone has a right to be heard and we ensure this right is protected," Eric Palacios, founder of Eric Palacios & Associates Law Firm, states.
Nevada has a shared fault clause in their personal injury law statues. A person may be found to be partially to blame when an injury occurs as a result of an accident. For example, a person crossing the street against the light may be hit by a car. In this situation, both the driver and the pedestrian played a role in the accident, thus any damages awarded to the pedestrian may be reduced by an amount determined by the court. The court figures this amount by calculating to what extent each party was responsible for the
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This confuses many individuals and leaves them wondering if the case is even worth filing. We look at the facts and provide more information regarding the law and how it may come into play in their specific case to ease the mind of the injured party," Palacios continues.
Personal injury may come in the form of a parent being kept from his or her child. Although this does fall into the category of a physical injury, it definitely takes its toll mentally on the parent who is unable to have contact with the child. Eric Palacios & Associates may be of help here also, as the firm maintains a family law (http://ericpalacioslaw.com/areas-of-service/family-law/) division to assist with domestic matters.
"The non-custodial parent and child are both harmed in this situation, when the custodial parent prevents them from maintaining their relationship. The actions of the custodial parent are bringing about the injury to this relationship and should be held accountable for doing so. We can be of assistance here also, so give us a call today. We'll work to resolve your situation in the shortest time possible," Palacios declares.
About Eric Palacios & Associates Law
The plaintiffs, Bosse and Griffin, sued Chili’s for negligence seeking compensatory damages claiming a patron who pursued them following their skipping out on a restaurant bill was acting as agent for Chili’s at the time the patron caused the plaintiff’s car accident and that Chili’s was, therefore, responsible for the crash.
The refinement of this definition has significant legal implications, as it broadens the scope of those who can sue within blameless accidents. Prior to this, such victims would also face being labelled with “fault”. Supporting the findings of Axiak, by establishing non-tortious conduct as separate from “fault”, similar, future cases are more likely to proceed despite the plaintiff’s contributory
In order for a client to successfully bring a legal malpractice suit they must show the required elements of legal malpractice which are “(1) an attorney-client relationship; (2) a duty owed to the client by the attorney to use such skill, prudence, and diligence as lawyers of ordinary skill and capacity possess in exercising and performing the tasks which they undertake; (3) a breach of that duty; (4) the breach being the proximate cause of the client's damages; and (5) actual loss or damage resulting from the negligence.” Mainor v. Nault, 101 P.3d 308, 310 (Nev. 2004).
A state that undertakes custody of a child is declaring that it can do a better job providing protection. This system is a powerful agent of support, providing positive nurturing environments that enable a child to reach his or her potential. Nonetheless, when children suffer additional abuse in the system, this government intervention should be questioned.
It is unfortunate that accidents that result in injuries are a part of life. Further more it is also unfortunate that often the party responsible for said accident do not feel compelled to offer compensation to the party affected. However in spite of this, there is still hope for the injured party thanks to personal injury lawyers. They are tasked with representing their clients who suffered from these events while making sure that their clients receive the compensation that they deserve. Ultimately personal injury lawyers play a big role with regards to safety initiatives by helping those injured, which is something that we all should aspire to do.
Harry Douglas McIntyre, the plaintiff, was involved in a car accident together with Clifford Balentine, the defendant in the early morning of November 2, 1986. The accident, which occurred in the neighborhood of Smith’s Truck Stop in Savannah, Tennessee, resulted in severe injuries to McIntyre (“McIntyre v. Balentine”, 2013). During the rime of the accident, Balentine was traveling south on Highway 69 and McIntyre entered the highway from the parking lot of the truck stop. A few minutes after his entry to the highway, McIntyre’s pickup truck was hit by Balentine’s Peterbilt tractor. McIntyre and Balentine had consumed alcohol the evening before the occurrence of the accident.
Howe, D. (2010). The safety of children and the parent-worker relationship in cases of child
A personal injury can cause you physical and emotional suffering and be a substantial financial burden. If someone else caused your injury, you may be entitled to collect damages to compensate for your suffering and any expenses. An attorney can help you to win the compensation you're entitled to.
Physical abuse is any non-accidental physical injury to a child. Physical abuse is an injury that results from physical aggression. Types of physical abuse can consist of beating, whipping, hitting, pinching, biting, or spanking.
In almost all cases, the defendant is in some sense at fault,either because he instends harm or because he takes unreasonable risks of harm.
Physical abuse is physical force or violence that results in bodily injury, pain or impairment. It includes assault, battery and inappropriate restraint. In the U.S., state and local protective services investigated 3.6 million reports of child abuse or neglect in 2006. Of these, more than 900,000 children were identified as victims of child maltreatment. (Craig & Dunn, Ex.: 2010, p. 195) Parents are most likely to be perpetrators of child maltreatment: In 2006, 83% of victims were abused by a parent, either acting alone or with another person. Mothers are somewhat more likely than father to maltreat their children, in part because they spend more time with them. (Craig & Dunn, Ex.: 2010, p. 198)
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
A child’s guardian or parent ignores the signs of an abused child, which leads to a malfunction to the child. The guardian or parent fails to seek a psychological therapist which can help intervene to cause less psychological problems. The mistreatment that the child received affects a child’s mentality, brain size, and development due to the lack of a psychological therapist. The abuse that a child receives causes a child to malfunction, since they felt that they were not protected and were harmed. Although people state that one knows the meaning of abuse, yet they lack the extent and limitations of the term “abuse.” According to the article of “Definitions of Child Abuse and Neglect”, the definition is clearly stated by the government of what should be considered abuse and neglect which consists, “Any recent act or failure to act on
The parent or caretaker may claim that the child did not intend to hurt the child, that the injury was an accident. It may however, have been the result of over-discipline or physical punishment that is inappropriate to the child?s age. In 1998 NCANDS (National Child Abuse and Neglect Data System) calculated the Fatalities by Maltreatment, Child Abuse and Neglect.... ... middle of paper ... ...
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