A disassembled battery pack under examination on a lab table in a dimly lit forensic investigation setting.
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A lithium-ion battery fire is, in a narrow but important sense, self-erasing. When a cell enters thermal runaway, the resulting heat and combustion frequently destroy the physical evidence that would
A quiet corporate records archive with rows of file boxes and an open folder on a table in soft focus.
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A product recall is frequently treated, in ordinary conversation, as an admission: the company recalled it, so the company must have known it was dangerous. That inference does not survive
A quiet, empty hospital procedure room with tubing on a tray and a dark monitor in the background.
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Air embolism during a medical procedure is an event, not, by itself, a legal conclusion. Certain procedures carry a recognized risk that air will enter the circulation, and that risk
Before passengers board an airplane, inspections must be done. Improper aircraft inspection may lead to missed issues that result in an aircraft disaster and injuries to the occupants.
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Aircraft maintenance is governed by an extensive system of federal regulations intended to promote aviation safety. Typically, an aircraft undergoes rounds of inspections and maintenance to identify any issues that
Broken eggshells in a carton. The eggshell plaintiff doctrine speaks on how plaintiffs may have conditions before an accident that impacted the outcome and that defendants should take a plaintiff as they are.
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Few doctrines in tort law generate more disagreement at trial than the eggshell plaintiff rule, also known as the thin skull rule. The principle is well established: a defendant whose
A plane flying high in the sky. During loss of aircraft control, such a plane may cause a disaster, leading to injuries and death among the occupants.
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When an aircraft crashes after the pilot loses control, the final moments of the flight become a dispute in court. The available flight data may show that there was an
A child using leg braces and crutches to move. Video of her movement may be used as day-in-the-life evidence should her case make it to court.
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Medical records can establish a diagnosis, and an expert’s testimony may explain physiology. Lost earning capacity may be described by economists while life-care planners can estimate future medical needs. Yet
A doctor explaining an injury. If intervening medical negligence takes place when a patient comes in for treatment, it can change the nature of a claim into medical malpractice.
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Serious personal injury litigation presents an unusual causation problem. A defendant’s negligence may cause catastrophic injuries that require emergency medical treatment, but the plaintiff’s condition subsequently worsens because of alleged
Security cameras mounted on a concrete wall. In a case with negligent security, it may be that such measures do not exist, thus making a property more appealing to criminals.
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Negligent security cases occupy a unique intersection between premises liability and intentional torts. Unlike most negligence claims, the immediate cause of the plaintiff’s injuries is not disputed. There was an
An infant struggling to drink milk, possibly caused by a condition known as galactosemia. The baby will need to be treated properly.
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Once recognized, classic galactosemia is one of the few neonatal disorders that has a straightforward treatment: the elimination of galactose from the infant’s diet.  Therefore, if an infant develops liver