In your case, you may have a malpractice action against the lawyer if he or she was negligent in representing you. You'll have to show more than dissatisfaction with the outcome of the case. Did he or she fail to meet a deadline for filing for a court proceeding? Were all the crucial legal elements of the case fully explored? If you are unsure about a basis for a malpractice case, check with the state agency that regulates lawyers in your state. Your state bar association will be able to tell you the name of the agency. 

My daughter, who plays on the local park's basketball team, brought home a note asking us to sign a form saying we won't hold the park district responsible for injuries. What is that?

If you must either sign such a form or deprive your child of the chance to participate in the activity, a court may hold that your waiver is not really voluntary and thus not valid. Furthermore, even in those states that recognize waivers, signing the waiver might not mean that you are giving up your right to sue entirely. If an injury results because of intentional or reckless behavior, you probably will be able to seek damages. Some states allow volunteer coaches immunity from actions in negligence if they complete a safety training class.

I was staying at a motel when there was a fire, but there was no water sprinkler system and no escape route posted in the room. Isn't the motel required to have those safety precautions?

The motel management probably should have exercised reasonable care in maintaining the fire alarms and fire escapes, and they should have helped you escape. As in the case of the common carrier (discussed above), the law generally says that innkeepers, who have a special relationship with their guests, have a higher duty of care.

Someone attacked my daughter on the campus of the college she attends. May she hold the school responsible for this attack?

Your daughter may have a negligence action against the college. In a developing area of law known aspremises liability, some courts have found such entities as universities, motels, convenience stores, and shopping malls liable for attacks because they did not exercise reasonable care in preventing victims from being harmed. However, courts are divided on this issue, and plaintiffs bear a heavy burden of proof in showing that the crime was foreseeable. The most important factor is whether there had been similar crimes in the location. A court would also consider what security precautions the college had taken.

I was attacked after withdrawing money from an automated teller machine (ATM). What can I do?

Recently, the banking industry has been successful in limiting banks' liability if they comply with security and lighting requirements.

Is there anything else crime victims may do?

Yes. Most states have laws compensating victims of violent crimes for lost wages, counseling, and medical expenses. Many states also have victim assistance programs. Check with your local prosecutor's office (possibly called the office of the state's attorney or district attorney).

We recently got a call from the hospital where someone had taken my mother. The hospital told us that she had died of a heart attack. In fact, she had not died or suffered a heart attack, and the hospital was simply mistaken. The hospital's false report devastated us. What can we do?

The circumstances you describe are rare. Nonetheless, you may be able to recover from the hospital for the negligent infliction of emotional distress. That is, you may be able to sue the hospital for negligently causing you to endure emotional pain. Courts generally have maintained that a person must have physical injuries to recover in such cases, but courts in some states have allowed recovery when there are no physical injuries. Other successful emotional distress suits have involved bystanders. For example, a court allowed a mother who saw her child fatally hit by a car to recover money damages against the driver of the car.

The store where I bought my wedding gown failed to deliver it in time for the ceremony. What can I do?

Although you no doubt suffered some distress, it is unlikely that you have a personal injury case. The store was negligent in failing to get your dress to you on time. Although it may have been traumatic for you, you generally would have to show a physical manifestation of the mental anguish. You may, however, have a case for breach of contract. You can find more information about what to do in this kind of situation in chapter 9, "Contracts and Consumer Law."