| Pharmacists' Duty to Warn |
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| 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... |
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| Tort Action for Violation of a Fiduciary Duty |
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| A person who has a fiduciary relationship with another person commits a tort when he or she breaches his or her fiduciary duty with regard to the other person. The other person is entitled to damages from the fiduciary if he or she sustains damages as a result of the fiduciary's breach of his or her duty.
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| Negligence Per Se |
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| Ordinarily, a jury determines whether a defendant was negligent in a personal injury action. However, in some cases, a court may determine that a defendant was "negligent per se." If a court determines that a defendant is guilty of negligence per se, then the defendant's negligence is conclusively established and the plaintiff is not required to offer further evidence of the defendant's negligence. More... |
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| Federal Jurisdicton in Recreational Boating Accidents |
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| When a recreational boating accident occurs, the first determination that must be made is whether a federal court or a state court has jurisdiction over a lawsuit that is filed with regard to the accident.More... |
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| The Sudden Emergency Doctrine |
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| Under the "sudden emergency doctrine," a person is not liable for his reasonable response to a sudden emergency, so long as the person did not create the emergency. The sudden emergency doctrine may be used as a defense to a personal injury action.More... |
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