FAQs

The Law Office of Brian R Toung, PA

  • Can anyone bring a wrongful death claim?

    No. Most states that recognize wrongful death claims restrict who can file such actions. Some states limit eligible plaintiffs to the deceased's primary beneficiaries, specifically the surviving spouse and children. Other jurisdictions allow the deceased's parents to file claims. Certain states extend this right to any financially dependent individual, regardless of relation, provided they relied on the deceased for economic support. This limitation prevents distant relatives who had minimal contact with the deceased from seeking compensation for lost future earnings. In some jurisdictions, damages recovered may be distributed among legal heirs according to probate procedures, allowing distant relatives to receive portions of settlements even without direct financial dependence. When multiple plaintiffs are entitled to recovery, they share the award according to specific jurisdictional laws, which can create complex distribution scenarios.
  • Can a person recover damages for injuries suffered on someone else's property?

    Property owners have a legal duty to protect visitors from injuries occurring on their premises. Injured parties may receive compensation if they can prove the owner failed to fulfill this obligation. The extent of the owner's duty varies by jurisdiction and specific circumstances. Some states categorize visitors as invitees, licensees, or trespassers. Invitees, such as store customers, are owed reasonable care. Licensees, like door-to-door salespeople, are only entitled to warnings about hidden dangers. Trespassers typically have limited legal recourse unless the property contains intentional hazards. Other states apply a uniform standard requiring reasonable care for both invitees and licensees, considering factors like the circumstances of entry, property usage, injury foreseeability, and whether warnings or repairs were reasonable. Property owners have a heightened duty of care toward children, even if they're trespassing or behaving dangerously. Swimming pools, for example, must be properly fenced and secured to prevent child injuries, with owners liable if they fail to take these precautions.
  • What is a slip-and-fall action?

    A slip-and-fall action is a personal injury lawsuit filed by someone injured after slipping and falling, typically on another party's property. Common examples include grocery store customers who slip on spills or food items left on the floor, or hotel guests who fall in showers and sustain injuries. In these cases, plaintiffs generally must demonstrate that the property owner knew about the hazardous condition but failed to address it within a reasonable timeframe. For instance, liability is likely if a store manager repeatedly noticed a grape on the floor for hours before requesting cleanup. However, plaintiffs who knowingly encounter hazards may face difficulties holding defendants responsible. For example, a hotel guest who deliberately creates a slippery surface with baby oil before falling would likely have their claim dismissed. Conversely, if hotel management ignores staff reports about missing non-slip treads in a bathtub and a guest is subsequently injured, the hotel would probably be held liable for damages.