Tort Law for Beginners

For followers of American politics, “tort law” is probably a somewhat familiar but not necessarily clear phrase. It is frequently fodder for argument how to reduce torts, etc. is a subject of political debate. This article should clear up what a tort is and perhaps suggest why tort law has a mixed reputation, despite being an important area of civil law.

A tort is a civil wrong. It is not necessarily illegal it just means that harm has been done to someone and seeking damages is possible. It is not an area of criminal law, and anyone can bring a case against anyone.

The area of tort law defines what is and is not an injury. In other words, in cases where the action is not legal, tort law defines whether or not the activity it is still injurious. Injury doesnt have to be physical, it can be emotional, financial, damage done to ones reputation, etc. Tort law can relate to areas as varied as car accidents, product liability, toxic environments, copyright infringement, medical malpractice, and other forms of negligence, nuisance, and general liability.

Tort law generally relates to situations where someone is accusing someone else of having a duty of care towards them that has not been met. For example, if you find something in your food that should not be there when dining in a restaurant. These are torts of “negligence.” It also applies to trespassing situations or defamation, in which case they are known as “intentional torts.”

The field is a broad one; it is also a controversial one. It is often a point of political disagreement as some people think the sphere of tort law should be restricted. People of this school of thought tend to believe products and companies are held liable for behaviors they cannot control. One of the most famous tort cases is the McDonalds coffee case, Liebeck v. McDonalds Restaurants. In popular imagination, this case is about a woman who shouldve known the coffee was hot, and who someone ended up hurting herself despite this obvious possibility. And yet, the company who served the coffee was held responsible.

In reality, the Liebeck v. McDonalds case was more serious than many people today realize. Ms. Liebeck received her coffee from a drive-through window and accidentally spilled it on her lap, suffering third degree burns. The damage was not a matter of inconvenience or minor pain, and the case was made (successfully) that the coffee was dangerously hot. A recent HBO documentary highlighted this and other cases that give tort law a more human dimension. Part of the reason personal injury cases sometimes seem so absurd is that companies are usually under great pressure to produce a safe product our reaction when they dont can be to assume that it is the consumers fault, but that often isnt fair and is not necessarily true.

Hopefully this overview gives you a better sense of what the area of tort law entails and what people are arguing about when they debate over tort law. It is a crucial part of our legal system that protects consumers and holds individuals and companies accountable for their wrongs. Tort law at its best promotes fairness and rounds out our legal system.

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If you or someone in your family has been injured in an auto accident, you may have asked yourself, “Do I need a lawyer?” Mashney Law Offices attorneys stand ready to represent you.

It is a common and often costly mistake to assume that because you have insurance coverage you will not need or benefit from legal advice from a lawyer experienced in personal injury.

Insurance companies know that few auto accident victims are familiar with auto accident law, proper auto accident injury care, or the details of their own insurance coverage.

The majority of insurance companies have a list of doctors with whom they work. These defense doctors have an interest in maintaining a lucrative working relationship with the insurance company, an interest that may not align with an accident victims best interests, care, and legal rights.

In such situations, some defense doctors may minimize the severity of an auto accident victims injuries. Insurance companies may attempt to disallow some types of treatment in favor of less expensive and less effective treatments in order to reduce their costs. Even in accidents cases involving serious or catastrophic injury, an insurance company almost always disputes the cause of the injury and the necessity and extent of medical care continuing into the future.

Injured auto accident victims who attempt to negotiate without the benefit of legal advice from a licensed and experienced personal injury lawyer, after they have provided the insurance company with a recorded statement and been seen by an insurance company approved doctor, often discover that insurance companies are more interested in receiving premiums and in minimizing the costs necessarily associated with claims than with paying the claims of injured auto accident victims.

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In California as in most other states, if you are involved in an auto accident, fault and liability must be determined before an insurance company will make a settlement payment. Fault and liability refer to responsibility. The individual who caused the accident through carelessness or negligence is at fault and is liable for any property damage and personal injuries that result from an auto accident. Liability may be shared in situations in which more than one person is at fault. Each individuals settlement is likely to be based on his or her share of fault.

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Dating After a Divorce – Tips to Help You Rebound Back From a Divorce and Start Dating Again

Dating can be tough for a guy even when he hasn’t been out of the game for a while, but if you have spent the last few years being married and now you find yourself back out there after the divorce, it can be REALLY tough to handle. For some guys, it’s enough to keep them away from meeting new women and dating in general. Of course, if you do that, then you only guarantee that you are going to continue feeling like you are out of the loop.

;Here are some tips that can help you get back in the dating game after a divorce:

;1. Take a little time to handle and confront whatever baggage you might have after the divorce.

;It’s so easy to sabotage yourself if you still carry onto the pain and the emotional baggage that is inevitable after a marriage breaking up. The thing is, you do need to take some time to handle that, or else you will get caught up in all of that old stuff and it can get in the way of you moving forward. Just make sure that you don’t linger too long, because the longer you wait, the harder it is going to be for you to get back out there.

;2. Don’t think of the next woman you meet as being instant relationship material.

;One thing that a lot of guys make the mistake of doing when they try to get back in the game is, they try to get into another long term relationship very quickly. It’s perfectly fine to wait it out and see where it goes, plus you don’t want to scare off the first woman you date by coming on too strong. It’s easy to do, and when it happens, it can crush your ego and make it harder to bounce back.

;3. Get some practice in reading a woman’s signals and her body language.

;Chances are, you are going to be a little “rusty” when it comes to reading into a woman’s signs and her body language and you want to give yourself some practice reading women. You probably got to know your ex really well, but that can sometimes be a hinderance, as you expect all women to read the same way. They don’t. Practice, engage women in conversation and get a feel for what clues they give out and give off so that you are prepared to do well in the dating game.