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Questions Answered by David Benowitz

1 Answer | Asked in Personal Injury for District of Columbia on

Q: What is slip and fall action?

David Benowitz answered on Apr 12, 2011

A slip and fall action is a type of personal injury lawsuit commonly filed by customers who has been injured after slipping and falling on a business owner’s property. Owners or possessors of land have a duty to keep the property safe to prevent harm to those who enter the land lawfully.... Read more »

1 Answer | Asked in Personal Injury for District of Columbia on

Q: What is contributory negligence?

David Benowitz answered on Apr 12, 2011

Contributory negligence is a defense to negligence where by a defendant alleges that the plaintiff’s actions created an unreasonable risk to his or her own safety. When a plaintiff acts unreasonably to contribute to his or her injury, that plaintiff may be found wholly or partially responsible... Read more »

1 Answer | Asked in Personal Injury for District of Columbia on

Q: What is comparative negligence?

David Benowitz answered on Apr 5, 2011

Traditionally, a finding that a plaintiff’s negligence contributed in any way to his injury completely barred any recovery of damages. Over time, states began to view this approach to contributory negligence as excessively harsh and unfair to plaintiffs and adopted the “comparative... Read more »

1 Answer | Asked in Products Liability for District of Columbia on

Q: A product that I bought used injured me. Can I bring a suit against the seller, the manufacturer, or both?

David Benowitz answered on Apr 1, 2011

States are split regarding product liability for sellers of used products. Some states specifically exclude the sale or repair of used products from products liability rules. In other states, the general products liability rules apply. Among the states that apply general products liability rules,... Read more »

1 Answer | Asked in Personal Injury for District of Columbia on

Q: What is personal injury?

David Benowitz answered on Mar 23, 2011

A personal injury is an injury to a person that may also include damage to that person’s property. A personal injury lawsuit alleges that another person’s negligent or harmful conduct caused the plaintiff's injury and damages. This injury can be physical, but may also include psychological... Read more »

1 Answer | Asked in Personal Injury for District of Columbia on

Q: What is "negligence per se"?

David Benowitz answered on Mar 15, 2011

Negligence per se is when the person’s action itself is negligent or in violation of the law. It also includes negligence resulting from a person’s violation of a statute designed to protect the public from a specific type of harm. For example, a driving statute may define exceeding the posted... Read more »

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