basis for lawsuit?
My wife and I visited a historic
landmark where they give out mp3
players to listen to the history of the
house. Apparently, the lanyard that
I got had poison ivy in it (which I'm
highly allergic too). My profession
puts me in a very visible eye to the
public and the poison ivy has left a
permanent mark. What are my
options? I have not contacted any
attorneys or even the historic site.
1 Answer from Attorneys
Re: basis for lawsuit?
Not every person that has something go wrong is entitled to recover from another party for the injury sustained. That you got Poison Ivy and that you believe it was from the mp3 player is not enough-- you must also establish, through credible and relevant evidence, that the defendant is legally responsible for your injury. You would have to present proof of causation both in terms of actual causation and proximate (legal) causation. Actual causation is determined by literal cause and effect. Whether legal causation is established depends on the facts and circumstances of the particular matter in question. My answer for you is that I don't think you have a case. Based on the facts disclosed--You cannot likely show any causation.