Category Archives: Personal Injury
Application Of Strict Liability
In most personal injury lawsuits based on negligence, a plaintiff bears the burden of proving that the defendant owed the plaintiff a duty, the defendant breached that duty, the defendant’s breach of that duty directly or proximately caused the plaintiff’s injuries, and that the plaintiff suffered some harm as a result. However, in some… Read More »
The Dangers Posed By Hover Board Batteries
Federal officials with the federal Consumer Product Safety Commission are investigating the dangers posed by hover boards after the popular product began exploding or catching fire, destroying property and causing injuries. Some airlines have also banned hover boards on flights, even in checked luggage. Some retailers have even offered refunds for consumers to return… Read More »
Protecting Good Samaritans To Encourage Response To Emergencies
When some people see another person in an emergency situation, their first reaction is to spring into action and render whatever aid they can at the moment. If the person in the emergency is conscious, in many cases they may offer their thanks for the assistance. However, in some cases, the rescued person may… Read More »
Social Host Liability For A Drunk Driver’s Actions
The holiday season often means going to many parties and celebrating with family, friends, or coworkers, often with alcohol involved. Sometimes after attending these holiday parties, some people choose to drive home, even while obviously intoxicated. If an intoxicated driver goes on to cause an automobile accident that results in injuries to another person… Read More »
Recovery Beyond Workers’ Compensation For Injured Employees
Construction accidents involving employees are common on construction sites. Generally, employers in the construction industry who employ more than one part-time or full-time employee are required to have workers’ compensation insurance. While workers’ compensation is very helpful, it only pays a certain amount of money and does not cover other non-economic losses that may… Read More »
Spousal Forfeiture Of The Right To Sue For Wrongful Death
A wrongful death claim arises when a loved one dies as a result of the wrongful act or negligence of another person. Generally, if the deceased had survived the accident, and would have had a personal injury claim based on the wrongful act or negligence of another person, then his or her estate can… Read More »
Signing Away The Right To Sue
Most people do not read the language in liability waivers before agreeing to sign away their rights to sue in case an accident occurs in the course of an activity. Some business owners providing waivers use boilerplate language that is supposed to cover all lawsuits, and believe that it means that a person injured… Read More »
Recovery For The Intentional Infliction Of Emotional Distress
When a person suffers physical injuries, it is easy for people to understand a need for that person to be compensated for his or her losses. However, when people suffer emotional injuries that people cannot see or sometimes understand, it may become challenging for a person to recover for losses related to those injuries…. Read More »
The Insurance Company’s Right To Reimbursement After An Accident
Having automobile insurance is not only a legal requirement; it is a necessity to any person who owns a car and drives it regularly. In the event of an accident, your insurance company often pays out your claim and you pay a deductible that may be a small percentage of the cost of the… Read More »
Doctors’ Roles In Limiting A Warning Defect Case Against A Drug Manufacturer
The consequences of taking medication with adverse side effects can be devastating, causing serious injuries or different medical conditions as a result of side effects. Manufacturers are required to warn potential patients of any known side effects, in order to give them a chance to weigh the options when deciding whether or not to… Read More »
