A plaintiff's inability to reimagine a safer minivan was part of what doomed a products liability lawsuit against FCA, the maker of Fiat and Chrysler automobiles. The U.S. Court of Appeals for the Sixth Circuit, upholding a district judge's grant of summary judgment to FCA, was not persuaded by what the plaintiff argued would have been a safer design for a Chrysler minivan.
"Respondent, as the sole attorney working on these matters, and as the managing and often the only attorney in her office, was responsible for protecting client or fiduciary funds under her control, for disbursing those funds only to the person or entity entitled to receive them, for reconciling her escrow account monthly, and for ensuring that non-lawyer staff complied with the same professional obligations," the subcommittee said.
The most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant's breach of any purported duty of care, and whether the defendant's alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation, the difficult question to answer in these cases is "what is the value, if any, of your injury or damages?"
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