Personal Injury
| Attorney Malpractice Liability to Non-Client |
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| In the course of an attorney's representation of a client, he may commit legal malpractice with respect to his prosecution, defense, or appeal of the client's action or his preparation of transactional documents for the client. The attorney's actions may constitute legal malpractice if he fails to use the skill, prudence, and diligence that attorneys of ordinary skill and capacity would use in performing their legal tasks. In addition to being liable to the client, the attorney may also be liable to a non-client in certain circumstances. More... |
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| Assumption of Risk |
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| Under the legal doctrine of "assumption of risk," a person will not be liable for another person's injuries if the injured person has voluntarily undertaken a risk with knowledge of the dangers that are posed by the risk. The doctrine of assumption of risk may be used as a defense to a personal injury action. More... |
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| Trade Libel |
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| If a defendant publishes false statements that injure or disparage a plaintiff's business, he may be liable for trade libel. Trade libel is different from libel because trade libel only applies to a plaintiff's property, whereas libel applies to a plaintiff's reputation. More... |
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| Rules Regarding the Speed of Motor Vehicles |
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| State transportation or vehicle codes regulate the speed of motor vehicles. The codes set forth the maximum speed limits that apply to a particular highway or street. The codes also set forth the general duty of a motor vehicle driver to drive at a safe speed in accordance with the conditions of the highway or street. More... |
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| Mitigation of Damages |
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| Mitigation of damages is sometimes referred to as the doctrine of avoidable consequences. The doctrine requires a plaintiff who is injured by a defendant to take steps to minimize his damages. It applies after the defendant commits the tort but at a time when the plaintiff still has an opportunity to avoid at least part of the consequences. More... |
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