Torts

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,

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.

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.

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

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

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.

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.

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.

Gossip isn't necessarily defamation of anyone's character... but it normally is. Gossip is idle chatter, often about topics that are sensitive, embarrassing or controversial. Get on to those topics and someone will end up getting criticized and probably unfairly.

Gossip can trigger a change of opinion about other people. If the change of opinion is for the worse and it comes from inaccurate statements made as part of the gossip, then that's defamation of character.

Words are powerful things. It's a great shame that we all use them so carelessly at times.

What state are you referring to? Every court system has its own system of tracking cases, and what method one state uses another state most probably will not. You'll need to be more specific. [As an 'aside;' the very fact that the case you are looking at is on-line and available, would tend to indicate that it has been adjudicated If it were not, it would not yet be archived.]
state of Ohio public access to court records. The case status says closed but when i click on the closed case number, it opens and shows case summary, events, disposition. in the summary it states different event such as court dates, bail amount. when I clicked the disposition a page opensthat says dismissed on motion of prosecutor. It also has a little cameras after some of the stages of the case. when i clicked on the dismissed on motion of prosecutor, it shows the legal paper with the words stamped on the paper and signed by a judge.


I am referring to the state of ohio.

Is it legally required for me to disclose charged that have been dismissed on motion of a prosecutor to obtain a concealed weapons permit in the state of Ohio?

Not necessarily. An action may give rise to either criminal or tort liability, or both, but there are plenty of torts that are not criminally actionable. Nuisance is a good example. An activity that causes a nuisance, such as continuously burning leaves on your lawn, may not be a crime, but you might still be liable to your neighbor who is negatively affected by the smoke entering his property.

Get a new attorney and have the new attorney ask for time to get into the case.

There are two concepts here: the Criminal offense of "Assault and Battery", and the Civil tort of "Damages from Assault" (the latter may have a different name in your jurisdiction).

The Criminal offense case is determined by the local district attorney (after an investigation by the police), and is a criminal case of the State vs the defendant (who committed the A&B). You, the victim, are evidence in the State's case. The outcome of a conviction here is that the perpetrator of the A&B may have to (a) serve jail time (b) serve community service (c) undergo various therapy classes (e.g. anger management, etc.), and/or (d) pay monetary damages to the victim. The exact details of the punishment are left to the judge to decide, based on the circumstances of the case.

The Civil tort (lawsuit) pits the victim of the assault as the complainant and the perpetrator of the assault as the defendant. The victim should retain a civil lawyer who specializes in civil injury claims, who will help press your case in Civil court. Likewise, the defendant should retain the services of a civil defense lawyers who specializes in personal injury law. A "win" in the suit will generally result in only one thing: money to be paid from the defendant to the plaintiff.

There is a third option in most places: sue in Small Claims Court, if your damages are within fairly low limits (which vary by jurisdiction). It proceeds in the manner described in the preceding paragraph, but the procedure in Small Claims Court is less formal.

Well it sucks but there is only one "at cause state" and is Montana. Every other state in this country is an "at will state", meaning that an employer/employee have the will to work policy, at any given time they can terminate with/without a reason, although they don't have to have a reason file unemployement and see what reason they give them and from there an investigation will be done, but if you feel you have been discriminated against then you file a complaint with the EEOC, then file a lawsuit against employer. The only way to prove wrongful termination is discrimanation.

No, not in every case. There are two major differences. One is where the statements made are privileged under the First Amendment and the other is where the defamation is considered defamation per se.

There is a First Amendment privilege governing statements made about public figures, especially statements by news sources. Ordinarily, malice on the part of the defamer is assumed if the statements are defamatory in nature. But in matters of public figures, the plaintiff has to prove actual malice. This requirement is designed to balance the interests of people in their right not to be defamed against the First Amendment guarantee of a free press.

Another difference is when the defamation constitutes "libel or slander per se." Certain statements like accusation of commission of a crime are considered libel/slander per se. That means it is assumed that the defamed person suffered some injury to reputation, so the plaintiff does not have to that his or her reputation actually suffered. In all other cases, a plaintiff must prove that injury.

Note that different states may have different standards as to what the formal elements of a defamation action are. Thus it is also possible that plaintiffs might have to prove different elements simply because of the particular state where the defamation occurred.

Medical malpractice is a controversial topic as the lawsuits used to result in massive payouts which in someways crippled doctors and nurses from doing their jobs to the best of their ability. There was and still is a great deal of debate concerning this form of tort law. More recently, many states passed caps on the amount of damages a person can receive for a medical malpractice case. The article below lists more specifics regarding these caps.

A verdict is the decision by the trier of fact (a jury in a jury trial or the judge in a bench trial) on the question of guilt or innocence. A sentence is statement of the punishment meted out for being guilty of a crime.

Depends on which state they live in. In three states, California, Idaho and Utah

it would depend on dependency and age.

IN all others NO.

In most states the immediate family members are the only parties who can file a wrongful death suit. That includes parents, children, and adopted children. Some states have extended the right to grandparents, step parents and step children and courts can authorize other parties such as creditors and beneficiaries. You need to consult with an attorney in your state who can review your situation and explain your rights and options under your state laws.

Yes(short but sweet)

Is to prohibit the publication of material including words, pictures, radio, TV Broadbasts, which may damage the reputation of an individual or an organisation, or exposes them to ridicule.

Someone who commits a Tort. A tort is a civil action brought when someon damages another person or their property. Accidents or medical malpractice claims are a type of tort.

In the law of torts, the person who commits a tort is not so much "punished," as the "victim" is compensated or made whole.

Unlike criminal law, where the purpose is to punish people for their wrongdoings according to their blameworthiness and vindicate the values of society, tort is primarily about correcting wrongs done to individual victims. Now, normally, this is done in an imperfect way: the tortfeasor pays the victim money. I say that this is imperfect because normally a tort victim has been harmed in some physical way (like the loss of a limb) that cannot be replaced by money alone. However, tort law aims to calculate the total value of the loss and to make the tortfeasor compensate the victim for that loss. In this sense, then, tort is about redistributing loss: taking away from the tortfeasor and giving to the victim. Again, the emphasis is on making the victim "whole."

Every once in a while, however, someone will commit a tort that is very egregious, and is part of a systematic risk taken for economic gain. In this case, "punative" damages may be in order which are a form of punishment and do take on a role similar to criminal law. These punitive damages are given to the victim, over and above the compensatory damages, and are always monetary in form.

prove to the court that you are likely to have success on the merits (substantial chance of prevailing in the case)

I would recommend that you contact your local bar association an inquire about a referral program. You don't need to explain the case as in-depth with the call taker but you will need to provide enough information so that the call taker can better direct you to a lawyer best suited for your type of case.

A witness signiture can be signed by anyone who saw you sign the papers