What is products liability law? Products liability is the area of law that covers defective products that cause property damage or personal injury to consumers. What is a defective product? A defective product is a product that has a design defect or a manufacturing defect. If a product lacks an adequate warning of any known… Read more »
California’s Dog Bite Statute
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California Handles Dog Bite Cases Differently From Many States At the The Law Offices of Mark A. Doughty, we know exactly how an injury can change the state of your life. A dog bite is no exception to this reality. Many people who keep dogs as pets raise them to be wonderful companions and joyful… Read more »
Comparative Fault in Automotive Products Liability Cases
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Comparative Fault in Automotive Products Liability Cases Tort law is the branch of the legal system that deals with cases in which an individual or other legally recognized entity, such as a corporation or governmental unit, seeks to recover damages from another person for a private injury or wrong not arising out of a contractual… Read more »
Tort Liability of Owners/Operators of Private Motor Vehicles
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Tort Liability of Owners/Operators of Private Motor Vehicles Tort law is that branch of the legal system that governs the circumstances under which an individual or other legally recognized entity, such as a corporation or governmental unit, may be subjected to liability and required to compensate another person for a private injury or wrong not… Read more »
Intentional Injury Exclusion in Auto Insurance
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Intentional Injury Exclusion in Auto Insurance When a vehicle is involved in an automobile accident, the conduct of an insured may activate the automobile insurance policy’s exclusion for intentional injury. Intentional injuries include suicide and assault, among other acts. Even though some states require automobile insurance companies to provide statutory minimum coverage, the companies may… Read more »
Manufacturer Defenses in Automotive Products Liability Cases
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Manufacturer Defenses in Automotive Products Liability Cases The basic elements of proof that a plaintiff has to establish in a products liability action against the manufacturer or seller of a motor vehicle are that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when the… Read more »
Cancellation of Auto Insurance for Nonpayment of Premiums
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Cancellation of Auto Insurance for Nonpayment of Premiums The mandatory nature of motor vehicle insurance in the United States means that the system under which cars and trucks are insured involves a three-part relationship among the vehicle owner or operator, the insurer, and the government of the state where the car or truck is located…. Read more »
Medical Causation in Drug Products Liability Cases
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What is a drug products liability case? Drug products liability is an area of the law dealing with personal injury that results from using a drug or medical device. What must the plaintiff prove in a drug products liability lawsuit in order to recover damages? The plaintiff (the person suing) has to show that the… Read more »
Recovery in Strict Products Liability for Product Damage Alone
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Defective Products Products liability is the area of the law that deals with injuries and property damage caused by defective products. A product is considered defective if it has a design or manufacturing flaw. If the product lacks proper instructions or lacks sufficient warnings about any dangers associated with its use, a product can also… Read more »
Damages Awarded in Products Liability Lawsuits
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Courts award damages to pay back a person for loss or harm resulting from injuries caused by a defective product. The trier of fact (the jury in a jury trial or the judge in a bench trial) decides the amount of damages. The trier of fact has broad discretion in setting the amount of damages…. Read more »
Breach of Warranty
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Products liability law covers personal injury and property damage that occurs when a defective product is used. A product is defective if its design makes it dangerous, if it was improperly manufactured or if the manufacturer failed to warn of the product’s dangers. You may be able to recover damages if you are injured while… Read more »
Nominal Damages
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If an injured party is harmed or has property that is damaged by the intentional or negligent conduct of a defendant, he may bring an action to recover damages. Sometimes the injured party recovers a verdict but only nominal, or minimal, damages. When nominal damages are awarded Nominal damages may be awarded if: 1) a… Read more »
Invasion of Privacy — Disclosure
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Invasion of Privacy — Disclosure The law provides everyone with some basic rights to privacy. Privacy is the general right to be left alone and free from unwanted publicity. Unreasonable invasion of one’s privacy causes harm. There are four well-established types of lawsuits for invasion of privacy: appropriation; false light; intrusion; and disclosure. In most… Read more »
Dram Shop Laws
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Under a “dram shop law,” a business that sells alcohol to an intoxicated customer may be liable when the customer injures a third party. Most dram shop cases involve drunk driving. For example, a customer becomes intoxicated at a bar and then attempts to drive home. On his way home, the customer hits a pedestrian… Read more »
The Collateral Source Rule
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The “collateral source rule” is a legal rule that prevents a defendant from introducing evidence that a plaintiff has received payment from a third party. For example, a plaintiff is injured in an automobile accident with a defendant. The plaintiff is hospitalized for his injuries. The plaintiff’s health insurance provider pays all of the plaintiff’s… Read more »
The Jones Act — Unearned Wages
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Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover “unearned wages,” i.e., the wages he would have earned if he were able to continue working until the end of the voyage. Unearned wages may include overtime, bonuses, and other employment benefits…. Read more »
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I had a complicated case that was out of state. I hired Mr Doughty initially to take on the case. He was very knowledgeable and easy to talk to. His assistant, Jeanne, is very organized and does an amazing job keeping on top of all the paperwork that goes along with a case.
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I was rear ended in a automobile accident that resulted in medical bills, time off from work, and my car being out of service for a time being. Right away I came across Mark Doughty and his superb team and they jumped on my case instantly!
“Mark and his team are meticulous, tenacious, and eager to help. They were always there when I had questions and and turned a terrible situation into very positive outcome.
Mark and his team have been handling our motorcycle crash case and everything has been so easy. The insurance company we’re suing tried contacting us only once before Mark put a stop to them with a cease and desist. Mark’s team has taken care of EVERYTHING and has made this horrible process as easy as… Read more »