accidents & injuries (tort law)

personal injury

Personal injuries include every variety of injury to a person's body, emotions, or reputation, as contradistinguished from injury to property rights.

Grounds

There are three grounds on which personal injury claims can be...

personal injury recovery

In tort law, personal injury recovery constitutes compensation for economic and non-economic damages inflicted as a result of another’s negligence. Common types of damages for which an individual may receive such compensation include pain and...

plea in abatement

A plea in abatement is a procedural device and type of demurrer used to challenge a complaint. It does not dispute the plaintiff's cause of action, but rather relies on additional facts (outside the pleadings) to object to the place, time, or...

policyholder

Policyholder is a person or entity that owns an insurance policy, and is also referred to as a policy owner. A policyholder enters an insurance policy with an insurance company and is the individual to whom the policy is issued as stated in...

premium

A premium is the consideration paid for an insurance contract by someone seeking protection from predefined risks. In exchange for a premium, the insurer promises to indemnify the insured or other beneficiaries under certain conditions or...

prenatal tort

A prenatal tort is a type of tort that involves unborn children.

Dietrich v. Inhabitants of Northampton first denied recovery for any prenatal torts in 1884. The Dietrich Court ruled that there is no recovery for any...

private necessity

Private necessity is a defense in tort law against charges of trespass in situations where defendants have interfered with the plaintiff's property in an emergency to advance or protect their own interests.

In Benamon v....

private nuisance

A private nuisance is a nuisance that violates a private right not common to the public or causes damage to one or a limited number of individuals. A private nuisance involves the use of one’s property in a manner that causes significant harm...

product liability

Product liability is a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer item. This doctrine can fall under negligence, but it is generally associated with strict liability, meaning that defendants can be held...

products liability

Overview

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling...

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