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Torts

Torts are civil suits that involve physical damage or injury. A common tort is personal injury in an automobile accident.

1,093 Questions

Can you sue your ex to pay for std testing after you found him cheating?

It depends, if its AIDS and he knew he had when he had sex with you, he can be charged with assault, but if its just a normal Herpes or Crabs, you have no legal right to sue him.

Two examples of distress?

WELL...




Death and CHILDBIRTH.

Rape and Murder, but escaping from murder. (You'll be thinking about it a lot and get paranoid.)

Cramming for finals and STDs

If somesome states they are living in an abusive relationship what abuses are being perpertrated against them with reference to physical mental verbal monetary abuse?

Answer

You sound like the type of person that disects problems to the inth degree, but, also you are curious enough to get to the bottom of it and hopefully try to help this person.

PHYSICAL could mean that this person is either beaten or is sexually abused and may have been since they were a child. Usually people that are abused when younger seek out partners that abuse (it's the only way of life they know and they have been brain-washed and had their confidence and dignity stripped from them.) I volunteer at an Abused Women's Center and I've seen everything from missing teeth, blackened eyes, broken bones, bruises and have seen on more than one occasion women who have had a botched job of their throats being cut. It's not a pretty sight. These women have scars all over their bodies and try their best to cover them up. They feel ashamed inside as if they should be doing more and fighting back harder, but the truth of the matter is, a man in most cases is simply stronger than a woman and it's been a man's world for far too long, so many laws will back him and not her.

MENTAL ABUSE can be almost as damaging as being sexually abused and it leaves just as many scars in an individual. When someone is mentally abusive the abuser berates their victim in front of others so they are sure their victim looks lesser in the eyes of others and they will constantly put them down in the privacy of their own homes often telling them they are pretty much rotten at everything they do (not true of course.) Abusers are controlling and their victim is often a prisoner of the very home they should feel safe in. The victim may not be allowed to see family or friends or even go out to a movie with friends. The abuser always has to be there. In some cases the abuser will ALLOW the victim to work, but will actually go so far as to figure out the distance from home to where she works and clock her! If she should be late because of something as simple as a traffic jam the fight is on and the abuser is in a "need to know" mode.

I would also like to add that abused women will often entice abusers to abuse her rather than the children. In other words take the focus point off the children and let the abuser go after her. Now that takes guts!

MONETARY abuse is when the abuser takes total control of the finances in the family and you can be sure the women and their children will see less of the money and the abuser will have all the comforts he wants (as far as their money will take them of course.) Usually if they own a home the abuser only has it in his name and in many cases the abuser doesn't want his victim to have a car. He will dole out every cent and probably check the grocery bill when she gets home from shopping (if he allows her to do that simple chore.)

It takes great courage for a victim of an abuser to leave her abuser and seek help, but there is help out there. There are the "Abused Women's Centers" that will take abused women in and send them off to a "safe house" where they will be protected, given counseling, and also in some cases legal counsel. Also women of abuse that have children have had the fight driven out of them, so they'd rather stay in the abusive situation then chance losing their children. These women are drained! Women of abuse are actually survivors and courageous and not weak at all. They do what they have to do to stay alive, and, if lucky, more and more are getting away from their abusers. The laws in the past have never protected women who were raped or abused in any other way, but those laws are changing quickly and especially in Canada. Groups of women such as myself and many others I know are making sure these laws are being changed and if it takes years of red tape so be it. One does not want to mess with a baby boomers or older women .... we're usually smarter, wiser and will fight to the finish.

Marcy

Do you have to give deposition at defendants lawyer's after filing civil claim suit?

Yes, if that lawyer is the one demanding the deposition. The place of the deposition is at the choice of the lawyer calling for it. In practice though, the place of the deposition is usually a matter of custom in that particular legal community. In NJ, a defendant's lawyer will customarily schedule the plaintiff's dep at the plaintiff's lawyer's office and vice versa. This is out of courtesy between lawyers. Nothing prevents a defendant's lawyer from insisting the dep take place at his own office; however if he does not observe the usual courtesies, he should not expect to get the courtesies that he just denied the other lawyer back.

If you were given a dip stick drug test by your employer which was positive and went to a lab and received a negative drug test and do not use drugs can you sue the manufacturer of the dip sticks?

Answer

There are several foods and soft drinks that can trigger a positive. A poppy seeded roll may turn up as an opiate. Mountain Dew soda can also produce a false positive. Secondhand smoke from marijuana users has a very small chance of producing a false positive.

Answer

From a legal perspective, in order to prevail on a negligence claim against the manufacturer of the dip stick, you would have to show that the manufacturer improperly designed the dip stick, and/or failed to warn of the chance of false positives and what causes such false positives, and/or marketed the dip sticks as a comprehensive drug test when they were not, and/or another theory of negligence. I anticipate that the manufacturer would claim, in response to your lawsuit, that the dip sticks were not marketed to be 100% accurate and/or the dip sticks were not used according to the directions that they were supplied with.

Supposing that you could prove negligence, you must also prove damages. Did you lose your job because of the false positive? Were you denied pay because of this? Has your character been tarnished? You may very well have a loss with no injury, which would preclude you receiving any money in damages (Prohias v. Pfizer, Inc., 485 F. Supp.2d 1329 (S.D. Fla. Apr. 24, 2007).

If you believe you have a legitimate case against the manufacturer of the dip sticks, you should contact a personal injury attorney with experience in product liability cases. Some attorneys only do product liability cases. A listing of these attorneys can be found in your phone book or through your state's bar association.

Who has financial responsibility under Missouri emancipation laws?

The minor applying for early emancipation rights is responsible for proving to the court that he/she is capable of conducting their life without adult involvement. There must be valid court accepted documentation of the minor's employment history, the place of residence, amount of income available to pay for shelter, food, medical care, transportation, educational costs (if applicable), and so forth. Income does not mean money given the minor by parents, grandparents, friends, etc. it indicates monies earned from honest employment. The person filing the petition is responsible for all filing fees and accompanying court costs and perhaps added legal fees depending upon the individual's circumstances.

What states are contributory negligence states?

Answer - 5 StatesOnly five (4) states and the District of Columbia still recognize the pure contributory negligence rule, which says that a damaged party cannot recover any damages if he is even one (1) percent at fault.

They are:

Alabama

Alabama Power Co. v. Schotz, 215 So.2d 447 (Ala. 1968).

District of Columbia

Wingfield v. People's Drug Store, 379 A.2d 685 (D.C. 1994).

Maryland

Board of County Comm'r of Garrett County v Bell Atlantic, 695 A.2d 171 (Md. 1997).

North Carolina

N.C.G.S.A § 99B-4(3).

Virginia

Baskett v. Banks, 45 S.E.2d 173 (Va. 1947).

Indiana also has this rule for MALPRACTICE cases only.

Can you legally steal a no trespassing sign?

By definition, stealing is illegal. If you trespass to steal the sign, that would be an additional charge that could be filed against you.

How do you write an answer to a legal petition?

A legal petition is similar to a complaint. You answer every charge with a denial or admit it and a reason why.

What is the law against a dr for prescribing xanax after you told him that your pain management doctor prescribed methadone and you almost died?

Insufficient information is given in the question.

WHAT is the state in which this all took place, and what law (specifically) are you alleging was violated?

How do you effectively sue some one or a person employed with a police Department or section-8?

You state an effective and strong case as defined by the applicable law, and then your prove your case and disprove any defenses.

If you need assistance with this, you should contact a lawyer.

Underage permit driver HAD accident in noncustodial parents car?

If an underage permit driver had an accident in a noncustodial parent's car, the insurance of the custodial parent should cover the cost. Contact the insurance company for full coverage benefits.

Can a trustee in a chapter 7 bankruptcy filed prior to 2005 force a settlement of a personal injury lawsuit?

The bankrutpcy court can take jurisdiction of almost any case, and the trustee can decide if the settlement is fair. If it is for the benefit of the BK estate, the lawsuit is part of the assets he controls.

Is it illegal for prosecuting attorney to spy on defense attorney?

What is the questioners definition of "spy on?" While "all may be fair in love and war" the canon of legal ethics prevents that type of activity by one attorney upon the opposition.

Which state has the most civil lawsuits filed?

The best source of data I could find comes from 2012 @ Court Statistics Project website.

The data suggests the District of Columbia as having the most lawsuits per capita. If you are looking for an actual state then it would either be Idaho or New Jersey. The difference based on the structure of their legal systems make it not a one for one comparison.

What should happen to ministers who commit fraud and abuse the believers?

That's the problem with paying people to speak for God. They get to make the rules and do pretty much whatever they want once you give them your money.

Next time give the money directly to the charity of your preference. However, remember that many charities and agencies that claim to be collecting money for charities are just a front for more fraud.

new answer

The same as any other criminal.

ANSWER

The Bible clearly says many times that there would be false teachers.Matthew 7:15 says "Be on your guard against false prophets. they come to you looking like sheep on the outside, but on the inside they are really like wild wolves. You will know them by what they do." All of the numerous money seeking preachers should not alarm any Bible believer. This is to be expected as Jesus foretold. They are the sad creatures that will come to Jesus at the end and he will say depart from me, I never knew you. The known fact of false preachers in the churches and media should all the more turn a nonbeliever to God, because HE said to expect it. It is written. It is truth!

It's called blaspheme,they are using the lords name in vain,just read the letters to the churches in revelation,God warned them to turn from their sins.There is only one that has the gift of revelation,one one who can reveal the secrets to the teachings of Jesus and the word of God.Jesus promised he would send him to you in the name of Christ to reveal all the truth,to remind you and make you remember all that Jesus said.just like God sent Jesus in the name of Chritst to die for you and teach the word of God,God sent a second Spirit back to earth from heaven to be your Helper,revealer and last day prophet.The Spirit Jesus is telling you he will send as another Helper is a person ,god has filled with his Holy Spirit.God tells you everything from the beginning to the end.God even told you the name of the Spirit he chose to be your reveal-God said,"The revelation to John." Oh yee of little faith,God knows everything,and he told you his last day revealers name,so when the time came you would not be fooled by the churches! Are you fooled?Listen to God,he does not lie!

Which discovery tool would be especially appropriate to use against a plaintiff claiming physical injuries that the defendant believes are being faked?

Any questions dealing with law should be consulted with a professional attorney or organization specializing in eDiscovery. They will be able to provide you with the answer that will serve you best,

Can a malpractice case be file for compartment syndrome after surgury?

In the US, anyone can sue anyone for anything at any time. If you believe you have a malpractice case, you can file it.

The question is not whether you can file, but whether you can win. You should speak with an attorney in your area in that practices in this field to discuss the specifics of your case. Generally, you must establish that the doctor made some error that resulted in a medical problem to win a medical malpractice case.

What is the difference between an assault and a battery?

Assault occurs when an individual causes another to reasonably believe they are in imminent danger of being harmed or touched in an offensive manner. Battery is actually causing such harm or offensive touch.

Can architects get sued in court?

Yes, just like any person or professional he can be sued.

What can you do if someone blatantly lied about me in a civil case?

If it affected the outcome of the case, you can appeal the case.

Can one file lawsuit against a bankruptcy trustee?

The short answer is yes...but you'll have to really have some major cause of action against his own actions...like malfeasance, self dealing, etc. Not just that you don't like how he handled things.

I bit into a chocolate covered cherry and it chipped my tooth. The cherry was so hard and I still have the piece. What should I do?

Please note that I have removed the company name, your name, email address, and your phone number from your question to make it more appropriate for WikiAnswers.

With any legal issue, to receive the most accurate information you should contact a qualified attorney in your area, which I am not. Many attorneys will provide you with a free consultation.

However, it sounds like you may have grounds to file a lawsuit against the manufacturer under what is called strict products liability. There are various categories thereunder which may be used in your pleadings when you file your lawsuit; your lawyer will probably select some combination of manufacturing defect, design defect, inadequate warning, breach of an implied warranty of merchantability, negligence, and strict liability. The judge/jury will determine which of these is most supported by the law (all have arguable basis).

You should keep the cherry as evidence supporting your case.

What is Florida's law for slip and fall settlements?

Until recently, slip and fall law in Florida was somewhat favorable to injured plaintiffs. In the case of Owens v. Publix Supermarkets, 802 So.2d 315 (2001), the Florida Supreme Court set the previous standard for proving slip and fall accidents involving transitory substances on floors. The rule stated by the Owens Court was that "the existence of a foreign substance on the floor of a business premises that causes a customer to fall and be injured is not a safe condition and the existence of that unsafe condition creates a rebuttable presumption that the premises owner did not maintain the premises in a reasonably safe condition." This effectively eliminated the need for a plaintiff to show that the property owner was aware that the substance was on the floor and failed to clean it up.

This is about to change. Governor Christ recently signed HB 689, which becomes effective July 1, 2010 as Florida Statute 768.0755. The new statute effectively overturns the Owens decision. Now an injured plaintiff will have to prove that something was on the floor that caused the fall, and that the property owner knew or should have known it was there and failed to take the necessary action to clean it up. This is certainly a much higher burden for slip and fall victims.

Although the law becomes effective July 1, 2010, there is some question as to whether it will impact injuries that occurred before the effective date of the law. In most situations, laws may only operate prospectively to affect incidents that occur after the effective date. There are, however, many instances when a law can directly impact cases arising before the law if effective. Certainly defense attorneys hired by the property owners will argue that the new law should be applied to cases filed after July 1, even if the fall was much earlier. These issues require careful analysis of complex areas of the law. If you have been injured in a slip and fall accident, but have not yet filed suit, you should speak with an experienced personal attorney to determine how the new law will affect your case.