Tag Archives: lawsuits
The Good Samaritan Rule in Negligence Cases
WHAT IS THE GOOD SAMARITAN RULE? When a person chooses to protect someone else, but does so in a negligent manner that causes further harm to the person protected, the “Good Samaritan Rule” (also called the voluntary undertaking rule) may apply. If so, the “Good Samaritan” (a reference to the Biblical story of the same name,… Read More »
Why Are Legal Malpractice Cases Difficult?
Many times, non-lawyers believe that any mistake a lawyer makes is grounds for a legal malpractice claim, or that legal malpractice lawsuits should be “easy” to prove. However, in most cases, legal malpractice actions are difficult, costly, and time-consuming, for several important reasons: Not every legal loss results from malpractice. Distinguishing actionable malpractice (professional… Read More »
Elements of a Malicious Prosecution Claim
WHAT IS MALICIOUS PROSECUTION? Malicious prosecution is a legal claim involving a wrongful lawsuit, which allows a wrongfully-sued defendant to bring an action and recover damages against a plaintiff who sued the defendant without proper cause. Malicious prosecutions occur for a variety of reasons, including a plaintiff’s desire for unjustified revenge, attempts to shut down… Read More »
