Tag Archives: plaintiff
Do Written Releases of Liability Have Any Limitations?
Before engaging in sports or other recreational activities, people are often asked to sign a written release or waiver of liability. These releases generally contain language absolving the person or company running the activity from “all” liability (including liability resulting from the company’s own negligence) if the participant is injured during the course of… Read More »
Understanding “Comparative Fault” in Negligence Cases
COMPARATIVE FAULT MAY REDUCE A PLAINTIFF’S DAMAGE AWARD Comparative fault–also called comparative negligence–is a legal doctrine that may reduce the amount an injured plaintiff is able to recover from a defendant in negligence cases. If a plaintiff’s own negligence contributed to his or her injuries, the doctrine of comparative fault may reduce the plaintiff’s… Read More »
What Does it Mean to Legally “Cause” an Injury?
CAUSATION IS A MANDATORY ELEMENT OF NEGLIGENCE CLAIMS In order to prevail on a negligence claim, the plaintiff must prove causation — a legally-recognized causal relationship between the defendant’s breach of duty and the plaintiff’s injuries. Causation is a mandatory element of a negligence claim, which means that if the plaintiff cannot prove it to… 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 »
