Tag Archives: injury
What is Negligence?
NEGLIGENCE INVOLVES A BREACH OF DUTY THAT RESULTS IN INJURY. When people (or, in proper circumstances, entities like corporations) fail to comply with their legal duties, and someone is injured as a result of that failure, negligence law provides the framework within which courts (and individuals) determine whether or not the wrongdoer will be held liable and… Read More »
When is an Action “Terminated” for Purposes of Malicious Prosecution?
THE UNDERLYING ACTION GIVING RISE TO MALICIOUS PROSECUTION CLAIMS MUST BE “FINALLY TERMINATED” BEFORE A PARTY CAN BRING THE CLAIM FOR MALICIOUS PROSECUTION. The elements of a successful malicious prosecution claim include “full, final, and favorable” resolution of the underlying claim. The “favorable” element must be fulfilled in favor of the party claiming malicious prosecution —… Read More »
What Kinds of Cases Can Support A Claim For Malicious Prosecution?
MALICIOUS PROSECUTION CLAIMS ARE NOT AVAILABLE IN ALL LEGAL CASES People are often confused by the difference between “malice,” as used in a layperson’s context, and malicious prosecution, which is a legal cause of action (a claim that can be brought before a court in proper circumstances). While people may act “maliciously” in a… Read More »
When is Property “Owned” by the Government?
INJURED PERSONS NEED TO DETERMINE WHO OWNS (OR CONTROLS) THE PROPERTY WHERE THE INJURIES OCCURRED. People who suffer personal injuries or property damage due to someone else’s negligent maintenance of property, or due to hazardous conditions on property, need to determine who is legally responsible for the property in question. While it’s tempting to blame the property… Read More »
Can You Sue the Government for Injuries Suffered on Public Land?
The “Governmental Immunity Doctrine” Protects the Government From Many Private Lawsuits Most Government entities are “immune from liability” – meaning they cannot be sued by private individuals, even those individuals are harmed by the government’s actions or inaction. Exceptions to the “governmental immunity” doctrine do exist, however; various statutes establish situations where private individuals… Read More »
