The tort cause of action, “negligent infliction of emotional distress,” while available in just about all jurisdictions in the United States, has several restraints and limitations in bringing about this particular cause of action in many jurisdictions. Negligent infliction of emotional distress, as opposed to “intentional infliction of emotional distress,” requires different premises in order […]
Continue readingThe difference between criminal negligence and civil negligence is one of “risks.” What is the risks attendant on the behavior of the actor, and how serious are the consequences of such behavior? Civil Negligence and the Duty of Care Tort or civil negligence is the failure of one person to act with “reasonable” care in […]
Continue readingHow much warning is enough to prevent injury? Businesses and property owners alike display warning signs on their premises to alert anyone entering the property to beware of certain potential dangers. But if you are either an invitee, licensee, or trespasser on the property, and you are, in fact, injured by the very thing the […]
Continue readingDuring certain times in America’s history, we have gone through periods of civil unrest resulting in civil disobedience. This civil unrest takes on the form of a disruption of the normal order of things, usually by riots or some other form of protests. Instead of riots, the most recent actions of protesters have been to […]
Continue readingAccidents and injuries, whether while you are visiting the movies, a restaurant, a museum, or your friend’s home, may be covered under premise liability laws and may provide you with compensation for any injuries if those injuries occur through no fault of your own. Premise liability attaches to any such injury that you may suffer […]
Continue readingYou may have heard the terms acute and chronic in reference to various pains or injuries. Acute refers to a short term pain or injury, while chronic refers to long term. Back pain, in general, is one of the most problematic health complications in the U.S. Lower back pain is actually the fifth most reason […]
Continue readingThe Centers for Disease Control and Prevention (the CDC) began testing children for blood lead levels back in 1997. Since then, the percentage of children under 72 months of age (6 years old) has declined dramatically. However, there still has not been a blood lead level that has been determined safe. Even small amounts […]
Continue readingThis January, a Bronx Roman Catholic Priest was suspended for allegedly abusing children three decades ago, according to the New York Times. Reverend Richard Gorman stepped away from his role in the church after two accusers recently came forward after roughly three decades of silence. The alleged abuse occurred in Westchester County, and according to […]
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