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Legal Terms & Definitions

 

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Legal Terms & Definitions

Class Action Lawsuit- is a large-scale civil proceeding usually brought about in product liability cases on the behalf of multiple clients who have a shared interest in the case.

Comparative negligence - is when the plaintiff is found to be partly at fault for his or her own injuries and is usually measured by a percentage by the jury. When a plaintiff is found to be comparatively negligent, the amount of the award is reduced by the percentage of the plaintiff's negligence.

Compensatory damages - are monetary awards to the plaintiff for damages that have actually occurred, such as loss of wages or medical bills.

Duty - is a legal obligation to take action or not take action as specified by common law, statute, contract or court order. Under tort law, one has the duty of reasonable care to avoid injuring others.

Forseeability - in tort law is the reasonable anticipation that an injury may occur through the action or inaction of another party.

Intentional Torts - are personal injuries or property damage that was caused out of malice, willfulness or the reckless disregard of another person's safety or rights.

Loss of consortium - is the loss of or decrease in sexual activity between spouses as the result of a personal injury to one of the spouses.

Negligence- is the failure to take the sort of action a reasonable person would take under the same circumstances. Negligence is characterized by carelessness, inattentiveness or a disregard for another's safety. Negligence is different from an intentional tort.

Punitive Damages - are also known as exemplary damages and are meant to punish the defendant for outrageous or particularly egregious behavior. The monetary awards for punitive damages are over and above that of compensatory damages.

Reasonable person standard - is a test in personal injury cases where a theoretical individual behaves in a reasonable manner under a specific set of circumstances in order to avoid injuring others. The defendant in most personal injury cases will be measured against this theoretical "reasonable person".

Strict liability - is a theory in product liability law that says that a company does not need to be either negligent or willful in injuring another person. With strict liability, it is sufficient to say that the product caused the injury in order for a case to go forward.

Tort Law - is the same as personal injury law. A tort is the injury to person or property because of negligence, willfulness or because of strict liability.


 

 

 

 

 

 

 


 

 


 

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