Block on Trump's Asylum Ban Upheld by Supreme Court
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We see a lot of great questions in our Answers community every day. Here's a look at some recent questions relating to injuries, accident, and torts from our FindLaw Answers boards.
Wow, this poster's neighbor certainly won't be winning the
"neighbor of the year" award anytime soon! As crazy as it sounds, the general
legal rule is: people don't have a duty to help or assist another person
that is injured or in danger.
This legal rule was created to address potential liability issues that make come up if someone were to help an injured person. What if the rescuing person actually made the injury worse? Is it fair to punish someone for being a Good Samaritan? The courts wanted to make a black-and-white rule, so they decided not to create a duty to rescue at all.
So unfortunately for this poster, he or she probably won't be able to sue the neighbor for failing to help. Of course there are always exceptions. One such exception might apply if the neighbor created the condition that caused the injury (e.g. as a prank, the neighbor left something right outside the poster's front door, ultimately causing the fall down the stairs). The Answers Community ended up advising the poster to talk to an experienced personal injury attorney to discuss the case and determine whether the landlord might actually be liable for the injuries.
Whether this poster has a strong slip-and-fall case against the grocery store, depends on the specific facts of the situation. The burden of proof is on the poster to prove that the store knew or should have known that the water might cause a fall. An experienced personal injury attorney would assess the grocery store's liability in light of several factors, including:
In addition to contacting an attorney, the poster was also advised to collect and document evidence as soon as possible. This would include taking pictures at the scene of the accident, taking pictures of the injury, and making an appointment to see a doctor. Well-organized documentation will not only help the doctor make an accurate diagnosis, it will also strengthen a case during settlement negotiations and/or during trial.
Got a question of your own? Be sure to ask our Answers Community for their suggestions. It is easy to do and a good way to get a start on finding any legal help you might need.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.