| Pharmacists' Duty to Warn |
| A patient who has an adverse reaction to a prescription drug may file a personal injury action against the pharmacy that sold the drug, claiming that the pharmacy negligently failed to warn the patient of the risks associated with taking the drug. The outcome of such a case will depend on whether the pharmacy had a duty to warn the patient. More... |
| Tax Consequences of a Settlement in a Tort Action |
| When a plaintiff and a defendant enter into a settlement of the plaintiff's tort action, the tax consequences of the settlement will depend upon whether the damages are allocated in the settlement agreement. More... |
| Contribution and Indemnity |
| When a plaintiff is injured by two or more defendants' tortious acts that join to cause the injury, each defendant is "jointly and severally liable" for that injury. This means that the plaintiff may recover the entire amount of damages from any of the defendants. The defendants, in turn, may seek contribution or indemnity from each other.More... |
| The Duty of Children |
| Generally, the law requires a person to exercise the degree of care that a reasonably prudent person would exercise under the same circumstances. This is called "the duty of reasonable care." A person who breaches his duty of reasonable care is guilty of negligence.More... |
| Custom as Proof of Negligence |
| In some circumstances, custom may be used as proof of negligence in a personal injury action. For example, a worker in a sawmill is injured when he or she accidentally puts his or her hand onto the blade of an electric saw. More... |