Personal Injury Newsletters

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.

Proximate Cause

In order to win a personal injury action, a plaintiff must prove that a defendant's negligence caused the plaintiff's injuries. In negligence law, there are two types of causation: (1) "cause in fact"; and (2) "proximate cause." The plaintiff must prove both types of causation.

STATUTES OF LIMITATIONS IN TORT CASES

A statute of limitations is the time period in which a plaintiff must file a lawsuit against a defendant. A statute of limitations benefits the defendant. It gives the defendant an opportunity to defend the lawsuit while witnesses are available and while the facts are fresh in the minds of the witnesses. The plaintiff is barred from filing a lawsuit after the statute of limitations has expired.

The Jones Act -- Definition of a Seaman

The Jones Act applies only to a "seaman" who is injured while working aboard a vessel in navigable waters. In order to be a "seaman" within the meaning of the Jones Act, the worker must meet certain requirements.

Tort Law -- Compensation for Damages

Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. Most scholars agree that tort law has four purposes: (1) compensation for damages; (2) financial responsibility; (3) deterrence; and (4) avoiding self-help. This article discusses the purpose of compensation.