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Articles Tagged with cases

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By Jessica Surber, Attorney
English, Lucas, Priest and Owsley, LLP

When a person is injured because of a defective or unreasonably dangerous product, he or she may be entitled to damages such as payment of medical expenses, reimbursement of lost wages, and compensation for pain and suffering.

Although it is the exception rather than the rule, there is also the possibility of punitive damages in some cases. In order to qualify for a punitive damages award, a plaintiff must show particularly egregious conduct on the part of the defendant (typically, the manufacturer, distributor, or retail seller of the product).

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There’s an old riddle that asks, “If a tree falls in the woods and no one is there to hear it, does it still make a sound?” We may never know the answer to that question, but it seems that, if a tree located on state property falls onto a car passing over a bridge, there is a good chance that the state’s high court will eventually hear about it, especially if there is any question as to whether the injured person’s lawsuit was promptly filed.

As we’ve mentioned before, the statute of limitations is important in any lawsuit, but some cases have other time limitations and procedural requirements that must also be complied with. In cases involving governmental entities, the timing can be especially tricky.

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