Legal Question in Personal Injury in North Carolina

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.

Asked on 10/11/08, 1:57 am

1 Answer from Attorneys

Karin kelley Law office of Karin J. Kelley

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.

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Answered on 10/12/08, 11:21 am

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