What is a Complaint?
A complaint is, “The first or initiatory pleading on the part of the plaintiff in a civil action. It corresponds to the declaration in the common-law practice. Its purpose is to give defendant information of all material facts on which plaintiff relies to support his demand.” (Black’s Law Dictionary 356. 4th Ed. Rev. 1968). It is what formally initiates a lawsuit and outlines a plaintiff’s allegations against a defendant.
What is a Complaint?
Complaints are meant to be concise, clear, and factual outlines of what charges a plaintiff intends to pursue and what damages it is seeking to obtain. They are not supposed to confuse or ambush the defendant. The contents of a complaint must be understandable to both parties, and the defendant must be able to construct a proper response and defense. In addition to the strictly legal charges contained in a complaint, the plaintiff must also make factual allegations specific to the facts of the case that they are pursuing in the complaint. They serve to back up the legal claims being asserted.
If an important fact or charge is left out of the complaint, it can not be used in the plaintiff’s case. It is important for all involved parties that the contents of the complaint are accurate and understandable. Anything else is improper, and not up to legal requirements. Effective communication through a complaint is a necessity.
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Easton Premises Liability Lawyer
When you step onto someone else’s property, whether it’s a business, a public space, or a private residence, you expect to be safe. Unfortunately, accidents can happen, and when they do, you need experienced Easton premises liability lawyers to advocate for your rights. At Munley Law, we specialize in premises liability cases, ensuring that victims receive the compensation they deserve.
Why Choose Munley Law for Your Premises Liability Case in Easton?
Decades of Experience: Munley Law has been fighting for the rights of accident victims throughout Pennsylvania for over 60 years. Our Easton premises liability attorneys have a deep understanding of the intricacies involved in these cases.
Award-Winning Team: Our personal injury lawyers have consistently been named among the Best Lawyers in America and have been selected to Pennsylvania Super Lawyers. Our firm has received national recognition for our work in personal injury and premises liability litigation. […]
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Bethlehem Pedestrian Accident Lawyer
If you were struck by a car in the Lehigh Valley, you deserve a Bethlehem pedestrian accident lawyer who will fight for you
To get maximum compensation for your accident injuries, call us today.
Motorists kill and injure innocent pedestrians every day. According to the National Safety Council (NSC), 7,680 pedestrians died in traffic and non-traffic accidents last year. As such, the NSC’s Pedestrian Injury Facts report shows that pedestrians comprise at least 17.2% of all traffic deaths. However, the National Highway Traffic Safety Administration’s crash data excludes accidents on private property such as driveways and parking lots. As such, the true number and relative danger of pedestrian injuries and deaths is likely much higher. If a car or truck hit you or someone you love while walking, then you need a Bethlehem pedestrian accident lawyer who will do what it takes to win. […]
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OSHA Helps Trucker Fired for Refusing to Break Safety Rules
It’s a tough call that truck drivers are often forced to make.
A trucker was assigned to transport a load of Poland Spring water from Massachusetts to New Jersey. A severe thunderstorm causing flooded roads and heavy traffic slowed him down considerably, and he realized he would not be able to complete the delivery and return home without violating the federal hours of service regulations intended to prevent overworked truckers from becoming a danger on the highways. So, he delivered the shipment to a closer facility; the trucking company and the customer approved the arrangement, and another driver carried the shipment to its final destination.
He was fired the next day for insubordination.
The driver filed a complaint with the Occupational Safety and Health Administration, who stepped in to help. According to one of their administrators:
“The law is clear: Drivers have the right to raise legitimate safety concerns to their employer – including refusing to violate safety regulations – without fear of termination or other retaliation. […]
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Safety group files suit for tougher trucker training laws
Several groups, including the Advocates for Highway and Auto Safety, Citizens for Reliable and Safe Highways (CRASH), and the International Brotherhood of Teamsters filed suit against the DOT and the U.S. Federal Motor Carrier Safety Administration (FMCSA), seeking stiffer rules for training entry-level truck drivers.
Bloomberg reported that regulators have missed deadlines set by two laws passed by Congress since 1991. According to the article, the FMSCA issued a rule in 2004 that only requires 10 hours of classroom work on such topics as driver wellness and hours of service. The watchdog groups say that rule is inadequate, because it doesn’t require any training for entry-level drivers on how to operate commercial vehicles, according to the complaint.
In 2012, Congress passed a second law (the “Moving Ahead for Progress in the 21st Century Act” also known as MAP-21) requiring the DOT to issue the entry-level training rule, […]
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CPSC Sues Buckyballs Maker to Pull the Dangerous Toys From the Market
We have reported on the warnings issued by both the U.S. Consumer Product Safety Commission (CPSC) and by health advocates in the UK regarding children ingesting Buckyballs, a set of round, high-powered magnets that are meant to be used by adults as a stress-relieving desk toy.
When multiple magnets are swallowed, they often adhere through the intestines or bowel causing obstructions and/or tears in the intestinal lining. Immediate surgery is necessary to prevent further damage and to remove the magnets and repair the damage.
Since the CPSC issued the warning in November, however, it has received over one dozen reports of children ingesting the magnets, many of which required surgical intervention. Now, the CPSC has filed an administrative complaint against Maxfield & Oberton Holdings LLC, the toymakers, “alleging that Buckyballs and Buckycubes contain a defect in the design, packaging, warnings, and instructions, which pose a substantial risk of injury to the public.”
While Maxfield & […]
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