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16. Negligence & Liability for Physical Harm
For many years, the standard of products liability litigation was the proof of Negligence To Persons: Injuries caused to the physical body are common causes of negligence tort in product liability cases. Products such as tools, automobiles, kitchen appliances and the like may, through normal use, res..17. Trespass to Chattels
United States tort law Real Estate Interference Trespass to chattels is defined directly in US Tort law as "intentionally… dispossessing another of the chattel, or using or intermeddling with a chattel in the possession of another.” A person is liable to the owner of the chattel if he or she "dispossesses the other of the chattel, or (b) the chattel is impaired as to i..
18. Understanding an Apportionment of Damages
In distributing the allotment of damages connected to a case involving joint-tortfeasors, it is important to know exactly what constitutes such an important process. In attempts to figure out exactly how apportionment should occur, it would be wise to determine exactly what the level of negligence is depending upon each party involved. Use of an "apportionment form" may se..19. Use and Enjoyment Inference of Private Property
Under private property law, a person will be held liable for creating a nuisance whether the wrongdoing was created intentionally or unintentionally. As long as the act substantially interferes with the use and enjoyment of land by the plaintiff, it is enforceable. If it is found that a nuisance was created due to the defendant's reckless behavior or lack of care, then it is sa..