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Category: Tort

HANDLING CRUISE SHIP PASSENGER INJURY CASES & THE SMALL PRINT

HANDLING CRUISE SHIP PASSENGER INJURY CASES & THE SMALL PRINT

It is really easy to commit malpractice when handling cruise ship injury cases. That’s because the law allows the cruise ship industry to insert contractual limitations in their ticket language. When you read the small print of the twelve pages that accompany the ticket you realize what a legal minefield it is and it’s all legal.  If you accept one of these cases you better be prepared for the fine print provisions. There is an excellent article in the Summer…

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Negligent hiring or supervision cases

Negligent hiring or supervision cases

A friend of mine, who is a great trial lawyer, has a trial where the issue is the hospital’s negligence for allowing an unqualified doctor privileges resulting in injury to the patient. He wanted some suggestions on concepts that might be used. I told him that I didn’t have anything original, but shared some general ideas. While we all aren’t going to have a case like that, the odds are we will have a case where the issue is negligent…

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The evil of preemption&immunity for negligent conduct

The evil of preemption&immunity for negligent conduct

The New England Journal of Medicinehas published a perspectivebyLeonard H. Glantz and George J. Annas "The FDA, Preemption and the Supreme Court" that has provocative ideas about the subject. They acknowledge the obvious fact that:"Everyone would like to be immune from lawsuits" but, note that providing immunity deprives injured people of their day in court. Immunity, they point out, undermines the tort system’s goal of deterring unreasonably dangerous actions or omission. In 1992, the U.S. Supreme Court in Riegel v….

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