Blog

Oct. 10, 2016

If an individual is harmed by a purchased device or product, damages may be recovered under strict product liability. The plaintiff, however, must be able to prove several things in order to prevail in suit against a distributor, manufacturer, or retailer.

Sept. 26, 2016

In states that have “elective share statutes,” a surviving spouse is legally entitled to a certain percentage of the deceased's estate, even if that spouse has attempted to disinherit or to provide a lesser bequest, or gift, under the will. In “separate property” states, an elective share statute is likely to be in effect.

Sept. 19, 2016

Contributory negligence and comparative negligence are two different systems that courts use to determine whether or not a plaintiff can collect for his or her injuries through a lawsuit. When an injury occurs, the cause of the injury is often the result of the actions of multiple people, including the individual who was injured.

Sept. 12, 2016

An executor is responsible for the administration of an estate. The executor’s signature carries the same weight of the person whose estate is being administered.

Aug. 22, 2016

While laws concerning responsibilities for injuries caused by animals vary from state to state, there are some consistencies. Most of the time, the owner of an animal can be considered liable for his or her animal's dangerous behavior.

Aug. 15, 2016

In order to predict how much your estate will have to pay in taxes, one must first determine the value of the estate. To determine this, many assets might have to be appraised at fair market value.

Aug. 8, 2016

The primary difference between a workers' compensation claim and a personal injury claim is that a personal injury claim is based on fault, while a workers' compensation case is not. Any injury that occurs to an employee at his/her workplace is covered by workers' compensation, regardless of any negligence or lack of it.

July 25, 2016

A durable power of attorney is an important part of an estate plan. It provides that, in the event of disability or incapacitation, a preselected agent can be granted power over the affairs of the individual signing the document.

July 18, 2016

A landowner owes a duty of care to everyone who enters his or her property, regardless of whether that person is a trespasser, a licensee, or an invitee. This article is a discussion of the standard of care a homeowner must take for a person who has no permission to be on his or her property.

July 11, 2016

Testamentary capacity refers to a person’s ability to understand and execute a will. As a general rule, most people who are over the age of eighteen are thought to be competent to make and sign the will.