Minnesota Personal Injury Law: Car Accidents
|
|
- Francis Robbins
- 8 years ago
- Views:
Transcription
1 2009 Minnesota Car Accidents Laws/Statutes Statutes are laws that apply to all citizens and cover a variety of topics, including the following: the legislature, the executive branch, state departments, the judiciary and courts, tax policy, public safety and police authority, towns, cities, counties, commerce and trade, private property and private rights, civil injuries and remedies, and crimes against people and property and the penalties associated with them Statutes Index related to car accidents by topics: ACCIDENTS PERSONAL INJURIES NO FAULT DAMAGES DEATH BY WRONGFUL DEATH Minnesota Personal Injury Law: Car Accidents Personal Injury Law: General o General Concepts of Tort Law Degree of Fault Needed to Recover Negligence Intentional Misconduct Strict Liability Comparative Fault Vicarious Liability Burden of Proof Defenses Damages Suing the Government o General Accidents and Injuries Assault and Battery Illegal Confinement Landowner Liability o Products Liability Strict Products Liability Negligent Design or Manufacture Breach of Warranty o Automobile Accidents o Railroad Accidents o Aviation Accidents o Resources Personal Injury Law: General
2 Personal injuries, as their name implies, are injuries to an individual person. Crimes are wrongful acts against society. The government punishes those who commit crimes - criminals - with criminal penalties. For personal injuries, the government does not punish the wrongdoer but gives the victim the right to pursue a private, civil lawsuit, called a tort action, against the wrongdoer. Some wrongful acts are both crimes and torts, and can subject the wrongdoer to both criminal penalties and tort remedies. This chapter outlines the actions that lead to most personal injury lawsuits, including general accidents and injuries, professional malpractice, use of defective products, and injuries occurring to workers on the job. General Concepts of Tort Law Tort laws are based on the premise that when someone does something to harm another person physically, mentally, or financially, the person harmed ought to be compensated for the loss. Tort lawsuits are governed by a set of rules that are different from the rules that govern criminal lawsuits. Degree of Fault Needed to Recover There are three kinds of torts - negligence, intentional misconduct, and strict liability. Each requires the plaintiff to show a different degree of fault to recover from the defendant. Negligence A person is negligent if he or she fails to act as a reasonable person would act in a similar situation. Examples of negligence include automobile accidents caused by inattentive driving, or a fall at a store caused when a store owner fails to repair a defective escalator. If a reasonable person would have been driving attentively, or if a reasonable store owner would have fixed the unsafe escalator, the person who drove inattentively or failed to make repairs could be found negligent by a judge or jury. Negligent behavior is almost never criminal. Intentional Misconduct Intentional misconduct occurs when someone, acting deliberately, does something that hurts another person or damages that person's property. The law does not require that the person intend to cause the injury he or she actually inflicts; only that he or she acted deliberately. For example, a driver of an automobile may intend only to scare a pedestrian by swerving toward the pedestrian, but if the driver hits the pedestrian, the driver commits intentional misconduct. Intentional misconduct can be more difficult to prove than negligence, but often a plaintiff can recover greater damages if he or she can show the defendant acted intentionally. Intentional misconduct is often also
3 criminal behavior. Examples of intentional misconduct include assault and battery. Strict Liability In some situations, a plaintiff can recover for injuries received even if the defendant uses the utmost care. In these situations, a defendant is said to be strictly, or absolutely, liable for any damages resulting from his or her actions. The principle behind strict liability is that some activities are necessary but so dangerous that even a reasonable person cannot make them completely safe. Strict liability usually applies only to very dangerous situations and to products liability. As a social policy, defendants are permitted to engage in certain activities but are held strictly liable for any injury resulting from the activity. Strict liability claims most commonly result from extremely dangerous activities such as blasting, excavating, or demolishing a building or from defective products. Comparative Fault Tort law attempts to compensate victims if their injury is caused by another person. Where one person clearly causes all of another person's injury, blame is easy to place. In many other cases, however, the victim's actions help cause the injury or make it worse than it would otherwise be. For instance, a negligent driver might injure a pedestrian who is negligently walking in the street, instead of on a sidewalk where a prudent pedestrian normally walks. A victim might have been slightly injured by using a defective chainsaw, but his or her injuries are made worse because the victim negligently fails to wear safety goggles while using the chainsaw. In these cases, a judge or jury must calculate how much each party is at fault. Each state has its own rules for calculating damages that can be recovered when a victim is at least partially to blame for his or her own injury. Minnesota has a comparative fault rule. Under the comparative fault rule, a judge reduces the amount of any damage award by the percent that the victim's own actions contribute to his or her injuries. For example, if a jury finds that a plaintiff suffered $100,000 in damages, but was 30 percent at fault, the judge reduces the damage award by 30 percent to $70,000. In Minnesota, the reduction is only up to 50 percent. If the victim is more than 50 percent at fault, he or she collects nothing. Vicarious Liability There are several ways that a person can be held liable for the actions of another person. All of these are known as vicarious liability. For example, a parent might be held responsible for damage caused by his or her child if the parent knows that the child is likely to injure someone and the parent
4 negligently fails to exercise any control over the child. The owner of a vehicle can be held responsible for accidents caused when another person drives the vehicle if the owner negligently entrusts the vehicle to the other driver. The most common form of vicarious liability is called respondeat superior. Under respondeat superior, an employer is responsible for torts committed by employees within the scope of their employment. A business owner is usually not responsible for acts committed by independent contractors. For example, if a pedestrian is struck and injured by a person driving to a party, the victim has a claim against the driver. If the pedestrian is hit by a person driving a delivery van for his or her employer, then respondeat superior gives the pedestrian claims against both the driver and the employer. Frequently, personal injury plaintiffs cannot recover anything from the employee because he or she has no money. Employers usually have more money or better insurance, so plaintiffs often focus their recovery efforts on the employers. Burden of Proof The burden of proof in a civil case is less strict than the proof required in criminal lawsuits. In a criminal case, the state must prove a person's guilt beyond a reasonable doubt. The state is required to meet this high standard because a defendant's liberty, and possibly even life, is at stake. The plaintiff in a personal injury lawsuit needs only show that it is more probable than not that an injury was caused by the defendant's actions. If the jury finds that the evidence even slightly favors the injured party, then it must find for the plaintiff. The personal injury plaintiff need only meet this lower standard because the defendant's life and liberty are not at stake. Defenses One is sometimes allowed, or privileged, to commit acts that would otherwise constitute assault or battery and not be liable for damages. If one acts in defense of self, others, or one's land, the use of force can be justified. Minnesota has a Good Samaritan law that gives well-intentioned people a defense to liability if they injure someone while sincerely attempting to help the person. For example, if a person witnesses a car accident and in trying to help the victim accidentally worsens the victim's injury, the person who tries to help has a defense to charges of assault and battery. Damages The damages a victim may collect depend on the type of tort alleged. For injury to the body, a plaintiff can collect lost wages, diminished earning capacity, costs of medical care, pain, and suffering. For injury to property, a plaintiff can recover diminished value of the property, replacement costs, or cost of repair.
5 In a lawsuit alleging intentional misconduct, the plaintiff can often recover punitive damages in addition to any awards for injuries, pain, and suffering. Punitive damages, designed to punish people or organizations for unlawful acts, are often very large sums of money. Until recently, there were few limits to punitive damages. Although federal and state legislatures have recently passed laws capping punitive damages in certain types of cases, it can still be to the plaintiff's advantage to convince a jury that injuries were the result of an intentional act and not mere negligence. A wrongful death lawsuit is a lawsuit filed by the surviving relatives of a person. For example, under Minnesota law, any dependent heirs, such as sons or daughters, of a person killed by a defective product can sue the manufacturer for loss of that person's future income. Surviving relatives cannot, however, sue a manufacturer to collect damages for the pain and suffering of a person wrongfully killed by a manufacturer's defective product. However, the estate of the deceased person can sue to collect money needed to pay any bills for medical treatment received by the person before he or she died. A surviving spouse can sue for damages to recover for loss of advice, comfort, assistance, and protection. Minnesota also has a fetal protection law that allows wrongful death lawsuits to be filed if a manufacturer's defective product or a car accident causes the death of a viable fetus. Suing the Government There was a time when citizens could not sue the government for torts committed by government employees. The federal and state governments enjoyed complete immunity from tort lawsuits. This immunity has been partially waived, but there are limits on tort actions against the government. Although the federal government and most states now permit suits for personal injuries suffered because of the negligence of a government employee or as a result of a dangerous condition on government property, there are limits on how much can be collected and when a suit must be initiated. General Accidents and Injuries A broad variety of accidents and injuries can lead to personal injury lawsuits. Some of the most common are discussed below. Assault and Battery Many people believe that assault and battery are one action. They are actually two closely related but distinct actions. Assault is the attempt or threat to inflict injury on another person when coupled with the apparent ability to carry
6 out the attempt or threat. Assault does not require actual physical contact. For example, if someone threatens to strike a neighbor and appears capable of carrying out the threat, the person making the threat may be liable for assault even though he or she never touches the neighbor. Battery is similar to assault but requires actual unwelcome physical contact. The physical contact need not be so strong as to injure the other person. For example, a person can commit battery by touching another person in an unwelcome sexual manner. Illegal Confinement Illegal confinement, also known as false imprisonment, is confinement by force, threats of force, or physical barriers when one has no right to do so. Merchants are given a limited right to temporarily detain persons suspected of shoplifting. Under the shopkeepers' privilege, merchants who reasonably believe someone is attempting to leave a place of business without paying for an item or service can detain the person for questioning and notifying the police. A merchant who keeps the suspect longer than is reasonable or necessary under the circumstances can be liable for illegal confinement. Landowner Liability There are several ways a landowner can be liable to someone injured on the landowner's property. Business owners and homeowners can be sued if they do something wrong that causes others to be injured on their property. A business owner can sometimes be sued for injuries caused by people committing crimes on their property if the business owner did not take appropriate measures to ensure the safety of customers. An example of this type of case is a person being attacked in a parking lot and then suing the lot's owner for failing to provide security measures that could have prevented the attack. In general, a landowner is not liable for the injuries of a trespasser, although the landowner must take reasonable care to protect the people he or she knows to come on to one's property for legitimate purposes, such as a letter carrier. Under a separate doctrine known as attractive nuisance theory, a landowner can be liable for injuries to children injured on his or her property if there is something on the landowner's property, like a swimming pool, that is dangerous, attractive to children, and the landowner fails to adequately ensure that children cannot get to the nuisance. Products Liability Injuries resulting from defective products are the basis of some personal injury lawsuits. Products liability lawsuits frequently receive attention in the media. Stories of people recovering damages for faulty breast implants, exploding gas tanks, or flammable children's clothing all make headlines. Because a faulty
7 product line can injure many people, products liability lawsuits are sometimes brought as class action lawsuits in which many injured people, the class, bring one united lawsuit against the manufacturer, share legal costs, and split any award. Products liability claims usually rely on one of three theories: strict liability, negligence, and breach of warranty. Each of these has its standards and possible damages. Often a single injury leads a plaintiff to bring claims under all three theories against the manufacturer. For example, a person injured when a microwave oven explodes might allege that the oven's manufacturer breached a warranty, negligently manufactured the oven, and that the oven was so dangerous that its manufacturer should be held strictly liable for all injuries it caused. Strict Products Liability Strict liability makes the manufacturer of a product liable to the user of a product injured while using the product if the product was unreasonably dangerous. This theory focuses on the product itself. In Minnesota, a person alleging strict products liability must show that: The product was in a defective condition, so that it was unreasonably dangerous even if used for its intended purpose The defect existed when the product left the manufacturer's control The defect caused the plaintiff's injury For example, if a chair has a defective leg that makes it unsafe to sit in, the leg is defective when the chair leaves the manufacturer, and that weak leg cause s injury to a person who falls after sitting down in the chair, the manufacturer can be strictly liable for damages. Negligent Design or Manufacture Manufacturers can be sued for negligence. If a manufacturer negligently designs or manufactures a product, the manufacturer is liable to those hurt by the product. Unlike strict liability theory, which focuses on the product, negligence claims focus on the manufacturer's actions in designing and manufacturing the product. As in all negligence cases, the manufacturer can be found liable if a judge or jury finds that the manufacturer failed to exercise the degree of care that a reasonable manufacturer would exercise in manufacturing the product or that the product was not manufactured according to the manufacturer's own specifications. Under this theory, the manufacturer of the faulty chair might be liable if the company did not conduct reasonable inspections to ensure that products were checked for defects before being sold to consumers. It is important to note
8 that the manufacturer is not negligent merely for failing to produce a perfectly safe product. Minnesota courts use a reasonable care balancing test that asks jurors to balance the likelihood and seriousness of harm against the feasibility and burden of possible precautions that might have avoided the harm. For example, manufacturers might not be required to install a safety feature if doing so would make the product prohibitively expensive or impossible to use. In these cases, the manufacturer has a duty to warn users of the product of the risks associated with its use so that users can protect themselves. This is why ladders have so many warnings on them. No ladder can be made perfectly safe, so manufacturers warn consumers of their dangers. Some of the most convincing evidence of negligence is what other manufacturers of similar products do. If a manufacturer fails to take precautions or to provide warnings that are standard in the industry, there is a strong likelihood a jury may find the manufacturer was negligent. Breach of Warranty Manufacturers can also be liable for product injuries caused by a breach of warranty. Breach of warranty lawsuits can involve the Uniform Commercial Code (UCC), a bundle of statutes adopted in Minnesota and other states to govern many commercial transactions. Under the UCC, a product must be fit for its intended purpose. If a consumer buys a product and is hurt while using it for a purpose for which it is clearly intended, the manufacturer can be liable. A product must also be fit for a particular purpose for which the seller knows the buyer is purchasing the item. A manufacturer can also make additional warranties to the consumer. The breach of any of these warranties can make the manufacturer liable to consumers hurt by the product. In some situations, a manufacturer is allowed to disclaim some of these warranties, so a plaintiff must check to determine which of the warranties apply. Automobile Accidents Automobile accidents account for a large percentage of the personal injury lawsuits filed. Minnesota requires its residents to buy no-fault motor vehicle insurance for their vehicles. The purpose of the act is to eliminate tort actions resulting from minor accidents because damages for injuries are settled without determining fault. Each person in an accident files a claim with his or her own insurance company asking for reimbursement for any medical bills resulting from the accident and for any economic losses such as lost wages. There is a $40,000 limit to these no-fault benefits, $20,000 for medical expenses and $20,000 for lost income, replacement services, funeral expenses, and certain survivors' benefits. In addition, Minnesota requires all vehicle owners to buy insurance to cover themselves if they have an accident with an uninsured or underinsured motorist.
9 The no-fault act, however, does include a tort threshold that allows someone to sue for greater damages, including punitive damages if the victim: Is permanently injured Is permanently disfigured Dies Is disabled for more than 60 days Sustains more than $4,000 in medical expenses If a person's injuries fall into one of these categories, he or she has the option of bringing a lawsuit, which does require proving fault. If a jury awards damages as a result of such a lawsuit, the law requires that the damage award be reduced by any amount of money already received under the no-fault benefit system. Aviation Accidents While commercial aircraft remain the safest means of long distance travel, accidents do happen, and the litigation that follows an airline crash is notoriously complicated. Plaintiff lawyers in airline cases face a variety of difficult issues. For example: What law (federal or state) should be used? Where is the best forum for the trial? Should lawsuits be brought individually or as a class action? Who should be sued as a defendant (e.g., the aircraft manufacturer, operator, owner, airport operator, corporate officers, component part manufacturers)? What is the best method of proving damages? How should evidence of the crash be preserved? It is obvious, therefore, that when choosing an attorney to represent your interests after an airline accident, it is best to choose someone with experience in airline tort litigation. Other areas of personal injury law are discussed in the Personal Injury Law: Medical & Professional Malpractice chapter. Resources A Manufacturer's Guide to Product Liability Law in Minnesota, Minnesota Small Business Assistance Office, 500 Metro Square Building, 121 Seventh Place East, St. Paul, MN ; (612) or This is a free booklet. The Products Liability Resource Manual: An Attorney's Guide to Analyzing Issues, Developing Strategies, and Winning Cases, James T. O'Reilly and Nancy C. Cody, American Bar Association General Practice Section, Chicago, IL, 1993.
10
Chapter 4 Crimes (Review)
Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.
More informationChapter 11 Torts in the Business Environment
Chapter 11 Torts in the Business Environment Tort a civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another. Two notions serve as the
More informationProfessional Practice 544
February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.
More informationCivil Law and Procedure
Chapter 5 Civil Law and Procedure Business Law Ms. Turner Crime Offense against society Tort Private or civil wrong; offense against an individual Can sue to receive money damages Can be both a crime and
More informationAutomobile Negligence Lawsuits
SOG/DGL, CH, JB Page 1 of 6 Automobile Negligence Lawsuits Who Is Sued? Driver the driver is the person whose negligence gives rise to the liability. The person suing must prove that the driver negligently
More informationTable of Contents. Selected Iowa Wrongful Death Laws and Rules
Table of Contents 1. What is a wrongful death claim?... 2 2. Who may recover compensation for a wrongful death?... 3 3. How is a wrongful death claim commenced?... 4 4. What types of losses are compensated
More informationCanadian Law 12 Negligence and Other Torts
Canadian Law 12 Negligence and Other Torts What is Negligence? Someone who commits a careless act that creates harm to another person is negligent. Over the past several years, negligence has become the
More informationLOUISIANA PERSONAL INJURY ACCIDENT BASICS
LOUISIANA PERSONAL INJURY ACCIDENT BASICS The Concept of Negligence If you have been injured, only an experienced Louisiana personal injury accident attorney can evaluate the unique facts and circumstances
More informationWHEN IT COMES TO. Personal Injury Law, LEARN. UNDERSTAND. ACT.
WHEN IT COMES TO Personal Injury Law, LEARN. UNDERSTAND. ACT. When It Comes to Personal Injury Law, Learn. Understand. Act. Although individuals may have heard the term personal injury before, many do
More informationAn act can be both a crime and a tort. Example reckless driving resulting in an accident
How Do Crimes and Torts Differ? A crime is an offense against society. It is a public wrong. A tort is a private or civil wrong. It is an offense against an individual. If someone commits a tort, the person
More informationCooper Hurley Injury Lawyers
Cooper Hurley Injury Lawyers 2014 Granby Street, Suite 200 Norfolk, VA, 23517 (757) 455-0077 (866) 455-6657 (Toll Free) YOUR RIGHTS WHEN YOU ARE INJURED ON THE RAILROAD Cooper Hurley Injury Lawyers 2014
More informationChapter 7 Tort Law and Product Liability
Chapter 7 Tort Law and Product Liability Chapter Outline 1. Introduction 2. The Basis of Tort Law 3. Intentional Torts 4. Negligence 5. Cyber Torts: Defamation Online 6. Strict Liability 7. Product Liability
More informationDefendant has a duty to act as a reasonable person would in like or similar circumstances to avoid causing unreasonable risk of harm to others.
NEGLIGENCE (Heavily Tested) (Write On the Bar): In order for Plaintiff to recover in Negligence, she or he must plead and prove: DUTY, BREACH OF DUTY, ACTUAL CAUSATION, PROXIMATE CAUSATION, AND DAMAGES.
More informationPrepared by: Barton L. Slavin, Esq. 212-233-1010 Web site: www.nycattorneys.com
Prepared by: Barton L. Slavin, Esq. 1. Identify Insurance Company - On the Police Report there is a three digit code that identifies the insurance company for a vehicle. The following link will take you
More informationTable of Contents. Glossary 4. What is a Personal Injury Case? 6. What Would My Case be Worth? 8. How Do You Prove a Claim? 10
Personal Injury Personal injury accidents happen all the time. From sidewalk cracks to car accidents, when people are injured, the question of who is legally and financially responsible is inevitably asked.
More informationTorts Copyright July, 2006 State Bar of California
Torts Copyright July, 2006 State Bar of California After paying for his gasoline at Delta Gas, Paul decided to buy two 75-cent candy bars. The Delta Gas store clerk, Clerk, was talking on the telephone,
More informationCardelli Lanfear P.C.
Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states
More informationThe A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota
The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota Douglas E. Schmidt Accident Attorney 13911 Ridgedale Drive Suite 110 Minnetonka, MN 55305 952.473.4530 Fax: 952.544.1308
More informationPersonal Injury Cases in California
Personal Injury Cases in California What is a Personal Injury Case? A personal injury or catastrophic injury case occurs when a person has suffered some form of severe physical or psychological injury
More informationPersonal Injury Laws
CHAPTER 6 Chapter 6 Slide 1 Personal Injury Laws Lessons 6-1 Offenses Against Individuals 6-2 Intentional Torts, Negligence, and Strict Liability 6-3 Civil Procedure LESSON 6-1 Chapter 6 Slide 2 Offenses
More informationKey Concept 2: Understanding the Differences Between 1) Intentional Tort Liability
Key Concept 2: Understanding the Differences Between 1) Intentional Tort Liability 1 (2) Negligence Liability, and 3) Strict Liability. I. Torts in General: A. Definition: A tort is a civil wrong that
More informationInjured on the Job. Your Rights under FELA. Quick Facts: What To Do If Injured
Injured on the Job Your Rights under FELA Quick Facts: What To Do If Injured 1. Consult your own doctor for treatment. Give your doctor a complete history of how your injury happened. Make sure that the
More informationAUTOMOBILE INSURANCE: THE MINNESOTA NO-FAULT AUTOMOBILE INSURANCE LAW
This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp.~l' ''''d:.,j i.;'~\;
More informationLegal Liability in Recreation Site Management. Legal Climate. Classification of Legal Liability RRT 484. Professor Ed Krumpe
Legal Liability in Recreation Site Management RRT 484 Professor Ed Krumpe 1 Legal Climate Sovereign immunity is basically dead. Lawsuits are part of normal operations & we cannot prevent them. Injuries
More informationConsumer Awareness How to Keep From Getting Ripped Off by Big Insurance
Consumer Awareness How to Keep From Getting Ripped Off by Big Insurance Provided as an educational service by: Anthony D. Castelli, Esq. Concentration in Auto and Work Related Injuries (513) 621-2345 ATTENTION!!!
More informationAuto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future
TEXAS AUTO ACCIDENTS Auto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future earnings, or the untimely death of
More informationHOW MUCH MONEY IS WORTH? MY SLIP AND FALL CASE
HOW MUCH MONEY IS MY SLIP AND FALL CASE WORTH? Knowledge of the Value of Your Claim Can Help You to Determine If a Settlement Offer Is Reasonable and Appropriate Given the Circumstances of the Fall and
More informationTable of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1
Table of Contents 1. What should I do when the other driver s insurance company contacts me?... 1 2. Who should be paying my medical bills from a car accident injury?... 2 3. What should I do after the
More informationMERCER COUNTY COMMUNITY COLLEGE COURSE OUTLINE
MERCER COUNTY COMMUNITY COLLEGE COURSE OUTLINE Course Number Course Title Credits LEG 130 Civil Litigation I 3 Hours: Lecture/Lab/ Others 3/0/0 Pre-Requisites: None Catalog Description (2011-2013 Catalog)
More informationNew York Car Accident Lawyers
New York Car Accident Lawyers What you need to know when you are hurt in a car accident An ebook by Stuart DiMartini, Esq. 1325 Sixth Avenue, 27 th Floor New York, NY 10019 212-5181532 dimartinilaw.com
More informationUNIT 2 TORT LAW. wrong committed by from the French word meaning. Someone has suffered an personal injury through 1) ; 2) ; 3).
UNIT 2 TORT LAW 1 OBJECTIVE: DIFFERENTIATE BETWEEN CRIMES AND TORTS AND DEVELOP A STUDENT UNDERSTANDING OF NEGLIGENCE. NBEA STANDARD I: DIFFERENTIATE BETWEEN CLASSIFICATIONS OF PROCEDURAL LAW, AND DIFFERENT
More informationIllinois Injury Guide. INJURY LAW OFFICES Toll Free (866) 891-9211
Illinois Injury Guide INJURY LAW OFFICES Toll Free (866) 891-9211 Woodruff Johnson & Palermo is a law firm that represents injury victims and their families. Our experienced legal team will help you like
More informationHow To Take Action In New Jersey
Garden State CLE 21 Winthrop Road Lawrenceville, New Jersey 08648 (609) 895-0046 fax- 609-895-1899 Atty2starz@aol.com Video Course Evaluation Form Attorney Name Atty ID number for Pennsylvania: Name of
More informationChapter 7 The Liability Risk
Chapter 7 The Liability Risk Overview This chapter begins a block of material on property and liability risks, and the personal and business insurance coverages designed to address these risks. In this
More informationProducts Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012
Products Liability: Putting a Product on the U.S. Market Natalia R. Medley Crowell & Moring LLP 14 November 2012 Overview Regulation of Products» Federal agencies» State laws Product Liability Lawsuits»
More informationSession 30. Tort Law 2 Negligence and intent
Session 30 Tort Law 2 Negligence and intent Negligence and intent Negligence occurs when the following three conditions are satisfied The action is unintentional The action is unplanned An injury results
More informationWHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured?
WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured? 3. How can I get help? 4. What information should I gather at the
More informationWhat to expect when you are injured in a New York accident!
What to expect when you are injured in a New York accident! An ebook by Stuart DiMartini 1325 Sixth Avenue, 27 th Floor New York, NY 10019 dimartinilaw.com 2012 Law Offices of Stuart DiMartini P a g e
More informationMotorcyclists and the Michigan No-Fault Law
Motorcyclists and the Michigan No-Fault Law (2nd Edition) Important Questions and Answers By George T. Sinas SINAS, DRAMIS, BRAKE, BOUGHTON & MCINTYRE, P.C. ATTORNEYS AT LAW 3380 Pine Tree Road, Lansing,
More informationMotor Vehicle Accident Claims: What are your rights?
Motor Vehicle Accident Claims: What are your rights? If you or a loved one has been seriously injured in a motor vehicle accident, there are a number of critical decisions that must be made. Who will care
More informationRIGHT Lawyers. Stacy Rocheleau, Esq. Gary Thompson, Esq.
rightlawyers.com RIGHT Lawyers Right Lawyers has successfully represented numerous clients in the areas of car accidents, work injuries, and slip and falls. The goal of this guide is to provide you answers
More informationHow To Determine How Much Compensation A Victim Is Entitled To In Tennessee
COMPENSATION IN A TENNESSEE PERSONAL INJURY LAWSUIT If You Have Been Injured in a Personal Injury Accident and Someone Else s Negligence Caused, or Contributed to, the Accident, You May Be Entitled to
More informationThe insurance company is also responsible for reasonable towing or storage charges on your vehicle until you receive written notice otherwise.
If you have been in an automobile accident that is not your fault and your vehicle is damaged, you do have certain rights. If total property damage from the wreck to all damages appears to be over $1,000.00,
More informationCycling and the Law: Know your Rights!
Cycling and the Law: Know your Rights! Patrick Brown Rights of The Injured Cyclist When a cyclist is struck by a car or truck, the injuries to the cyclist can be significant. It can have a dramatic impact
More informationFURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and
FURR & HENSHAW 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621 and 1534 Blanding Street Columbia, SC 29201 Phone: (803) 252-4050 YOUR AUTOMOBILE ACCIDENT CASE The purpose of
More informationPELLISSIPPI STATE TECHNICAL COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100
PELLISSIPPI STATE TECHNICAL COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100 Class Hours: 3.0 Credit Hours: 3.0 Laboratory Hours: 0.0 Revised: Spring 07 NOTE: This course is not designed for transfer credit.
More informationPersonal Injury Law: Minnesota Medical Malpractice
Personal Injury Law: Minnesota Medical Malpractice Medical Malpractice Terms Statutes of Limitations Minnesota Medical Malpractice Laws Medical malpractice includes many forms of liability producing conduct
More informationYour Quick Reference for Florida Auto Accident Law
Call Us Now (813) 269-7421 FREE Consultation Your Quick Reference for Florida Auto Accident Law At the Law Offices of Martin Schwartz, we are here to take care of your legal needs in the aftermath of an
More informationLowcountry Injury Law
Lowcountry Injury Law 1917 Lovejoy Street Post Office Drawer 850 Beaufort, South Carolina 29901 Personal Injury Phone (843) 524-9445 Auto Accidents Fax (843) 532-9254 Workers Comp DanDenton@Lawyer.com
More informationNo-Fault Automobile Insurance
No-Fault Automobile Insurance By Margaret C. Jasper, Esq. Prior to the enactment of state no-fault insurance legislation, recovery for personal injuries sustained in an automobile accident were subject
More informationProfessional Negligence
1239272 - BCIT 1 Professional Negligence Jeremy T. Lovell Bull, Housser & Tupper LLP 1239272 - BCIT 2 Overview Professional negligence law in context Negligence law in general Duty of care Standard of
More informationDefense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010
Defense of State Employees: LIABILITY AND LAWSUITS UNCW Office of General Counsel January 2010 COMMON CAUSES OF ACTION (or what could we be sued for) Tort claims Contract claims Discrimination/Harassment
More informationA REASONABLE PERSPECTIVE ON RECREATIONAL INJURY LIABILITY
A REASONABLE PERSPECTIVE ON RECREATIONAL INJURY LIABILITY James C. Kozlowski, J.D., Ph.D. 1988 James C. Kozlowski Driving an automobile is probably the most dangerous activity in our daily lives. Certainly,
More informationIs What You Know About Injury Claims Accurate?
Is What You Know About Injury Claims Accurate? Presented by: Attorney Mark L. Krueger www.kh-law.net IS WHAT YOU KNOW ABOUT INJURY CLAIMS ACCURATE? Misconception No. 1 I have no claim if the responsible
More informationNegligence. Author: Theodore Ted E. Karatinos, Esq. With Joe Samnik, Consulting Arborist 2009 All Rights Reserved
Negligence Author: Theodore Ted E. Karatinos, Esq. With Joe Samnik, Consulting Arborist 2009 All Rights Reserved DEFINITION OF NEGLIGENCE The author of the Canterbury Tales, Geoffrey Chaucer brought the
More informationGeneral Insurance Definitions:
General Insurance Definitions: Accidental Death Coverage Accidental death coverage is sometimes a part of your auto insurance policy's Personal Injury Protection (PIP) or may be offered as a separate Accidental
More informationDeclarations. INSU 2500 Chapter 9 CHAPTER 9. Common Elements of Insurance Contracts. Insuring Agreement Example
Declarations INSU 2500 Chapter 9 October 10, 2006 Facts of Policy Usually first page of an insurance contract contains such things as: Identifies the insurance company Identifies the named insured Policy
More informationHow To Get A Medical Insurance Plan For A Motorcycle Accident
TR_Motorcycle_Kit_06-025 KitText.qxd 13-03-13 10:15 AM Page 1 InformatIon KIt for MOTORCYCLISTS Effective: November 1, 2012 What you need to know about your legal rights Personal Injury Litigators since
More informationBasic Anatomy of Personal Injury Actions
Piecing the Puzzle Together: Catastrophic Claims, Tort Claims and the New SABS Peterborough Thursday, April 14, 2011 Basic Anatomy of Personal Injury Actions Presented by: ROBERT M. BEN 416-868-3168 rben@thomsonrogers.com
More informationCHOICE OF BUSINESS ENTITY 1
GROCE LAW FIRM, LTD 947 W. GLADE ROAD, SUITE 100, HURST, TEXAS 76054 PHONE 817-605-0587 FAX 817-442-8050 groce@grocelaw.com www.grocelaw.com CHOICE OF BUSINESS ENTITY 1 Thank you for allowing us the privilege
More informationTHE TOP 10 QUESTIONS YOU SHOULD ASK YOUR CAR ACCIDENT LAWYER
THE TOP 10 QUESTIONS YOU SHOULD ASK YOUR CAR ACCIDENT LAWYER? Introduction After six straight years of decline, the National Highway Traffic Administration (NHTSA) reports that auto accidents, injuries
More informationCHAPTER 30: EMPLOYEE INJURIES
CHAPTER 30: EMPLOYEE INJURIES INTRODUCTION TO JOB SAFETY Our legal system has developed three ways of handling employee injuries: A. NEGLIGENCE SUITS Was developed under common-law where the injured employee
More informationCHAPTER 6: PERSONAL INJURY LAWS
CHAPTER 6: PERSONAL INJURY LAWS HOW DO CRIMES AND TORTS DIFFER? torta private or civil wrong against an individual. When a tort happens, the injured person can sue and get a judgment for money damages
More informationCommon Myths About Personal Injury and Wrongful Death Cases 1. By B. Keith Williams
Common Myths About Personal Injury and Wrongful Death Cases 1 By B. Keith Williams There are several myths about accident cases and the attorneys that handle them. It is important to keep these myths in
More informationUNDERSTANDING TORT REFORM
A White Paper Presented by UNDERSTANDING TORT REFORM A ROADMAP UNDERSTANDING TORT REFORM A ROADMAP If you lived in California during the 2014 election cycle, you may have heard of something called tort
More informationWHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? GET THE L E G A L F A C T S
T H E S TAT E B A R O F C A L I F O R N I A WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? GET THE L E G A L F A C T S O F L I F E What should I do if I have an 1 a u t o a c c i d e n t? If I have an auto
More informationUnderstanding. Your Rights In. Personal Injury. and Wrongful. Death
Understanding Your Rights In Personal Injury and Wrongful Death Advertisement Only 2 Written By 2005 Keating Muething & Klekamp PLL 3 TABLE OF CONTENTS Chapter I: Introduction 4 Chapter II: An Overview
More informationThings You Should Know About Your Child s Personal Injury Case
Things You Should Know About Your Child s Personal Injury Case Virginia law treats often children differently than it treats adults for many reasons. Children are not considered mature enough to understand
More informationTHURGOOD MARSHALL ACADEMY April 2014 LAW DAY Civil Mock Trial Lesson Make-Up Assignment
THURGOOD MARSHALL ACADEMY April 2014 LAW DAY Civil Mock Trial Lesson Make-Up Assignment Dear Student, This is your make-up assignment for missing law day on Friday, May 2, 2014. Please read and complete
More informationINJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE?
INJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE? Medical malpractice is a broad term used to describe a number of different kinds of lawsuits brought against doctors and hospitals.
More informationMICHIGAN NO-FAULT LAW
MICHIGAN NO-FAULT LAW Your Questions Answered HALPERT, WESTON, WUORI & SAWUSCH, P.C. TRIAL ATTORNEYS 2010 1-800-400-9115 www.leadersinlaw.com Are you all right? While this may be the most important question
More informationA CONSUMER'S GUIDE TO AUTOMOBILE INSURANCE IN MARYLAND 1. Peter J. Basile, Shareholder Ferguson, Schetelich & Ballew, P.A.
A CONSUMER'S GUIDE TO AUTOMOBILE INSURANCE IN MARYLAND 1 Introduction Peter J. Basile, Shareholder Ferguson, Schetelich & Ballew, P.A. 2011 We represent many clients who have been involved in car accidents,
More informationThe following is an excerpt from the 2012 Manual on Town Government. LIABILITY
Minnesota Association of Townships Document Number: RM1000 Information Library Revised: January 2012 The following is an excerpt from the 2012 Manual on Town Government. LIABILITY Any discussion of a town
More informationOf course, the same incident can give rise to an action both for breach of contract and for negligence.
4. WHAT CAN YOU BE LIABLE FOR AND WHY? 4.1 Negligence Liability for negligence is a civil, not a criminal, matter. It is for the victim to prove that the defendant owed them a "duty of care", that that
More informationHOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH ACTIONS
SUPERIOR COURT OF STANISLAUS COUNTY SELF HELP CENTER HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH ACTIONS (THIS GUIDE ONLY APPLIES TO LAWSUITS INVOLVING
More informationInjury Law Attorney Clearwater - New Port Richey - Tampa Bay
Injury Law Attorney Clearwater - New Port Richey - Tampa Bay You need an aggressive injury lawyer to fight for your rights WHAT IS INJURY LAW? Injury Law is what an injury attorney would refer to as Tort
More informationProposals to allow more wrongful death lawsuits would increase the legal liability of taxpayers
Proposals to allow more wrongful death lawsuits would increase the legal liability of taxpayers by Brandon Houskeeper Policy Analyst February 2008 Introduction The doctrine of sovereign immunity, rooted
More information1. Liability Coverage for Employees Driving State-Owned Cars
To: MTSU Community From: Office of the University Counsel Date: August 2, 2013 Re: Liability for Employee Auto Accidents 1. Liability Coverage for Employees Driving State-Owned Cars Although the State
More informationDo You Have a Case? Truck Accident. ebooklet. Andrew Miller. 201 South 3rd Street Logansport, IN 46947 P: (574) 722-6676. www.starrausten.
Do You Have a Case? Truck Accident ebooklet Andrew Miller 201 South 3rd Street Logansport, IN 46947 P: (574) 722-6676 www.starrausten.com Disclaimer No attempt is made to establish an attorney-client relationship
More informationUNITED STATE DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------x
UNITED STATE DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------x LESLIE ROADRUNNER, as Administratrix of the Estate of LYNNE ROADRUNNER, deceased,
More informationUnintentional Torts - Definitions
Unintentional Torts - Definitions Negligence The failure to exercise the degree of care that a reasonable person would exercise that results in the proximate cause of actual harm to an innocent person.
More informationNEW YORK STATE BAR ASSOCIATION. LEGALEase. If You Have An Auto Accident SAMPLE
NEW YORK STATE BAR ASSOCIATION LEGALEase If You Have An Auto Accident If You Have An Auto Accident What should you do if you re involved in an automobile accident in New York? STOP! By law, you are required
More informationSTATUTES OF LIMITATIONS IN COLORADO
STATUTES OF LIMITATIONS IN COLORADO CRIMINAL Murder Kidnapping Treason Sex offense against a child Applies to offenses committed on or after July 1, 1996 Forgery solicitation to commit murder solicitation
More informationIn order to prove negligence the Claimant must establish the following:
Introduction A wealth of law exists to provide compensation to people who have suffered injuries, both physical and psychological, following an accident. This fact sheet provides a very brief guide to
More informationAttorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL DISTRICT STANLEY MOSK COURTHOUSE
VACHON LAW FIRM Michael R. Vachon, Esq. (SBN ) 0 Via Del Campo, Suite San Diego, California Tel.: () -0 Fax: () - Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL
More informationGlossary of Court-related Terms
Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation
More informationCross Border. Are You Ready to Do Business in the US?
Cross Border Are You Ready to Do Business in the US? Failure to carry workers compensation insurance or to otherwise meet a state s regulations can result in the employer becoming liable for the employee
More informationPREVIEW PLEASE DO NOT COPY THIS DOCUMENT THANK YOU. LegalFormsForTexas.Com
Form: Plaintiff's original petition-wrongful Death [Name], PLAINTIFF vs. [Name], DEFENDANT [ IN THE [Type of Court] COURT [Court number] PLAINTIFF'S ORIGINAL PETITION 1. DISCOVERY CONTROL PLAN 1.1 Plaintiff
More informationThe Nuts & Bolts of Insurance for Nonprofits
The Nuts & Bolts of Insurance for Nonprofits www.steelbridgeins.com 888.647.4777 It s more than what you need. It s what you deserve. Purchasing insurance for a nonprofit organization can be a confusing
More informationMinnesota Professional & Medical Malpractice Law. Professional & Medical Malpractice Law
Minnesota Professional & Medical Malpractice Law Personal Injury Law: Professional & Medical Malpractice o Legal Malpractice Duty Breach Injury Proximate Cause o Medical Malpractice Duty Breach Injury
More informationKey Concept 4: Understanding Product Liability Law
Key Concept 4: Understanding Product Liability Law Suppose that you are the president of a firm making products for sale to the public. One of your worries would be the company's exposure to civil liability
More informationCHAPTER 7 NURSING LIABILITY INSURANCE
CHAPTER 7 NURSING LIABILITY INSURANCE We have all read many articles on and heard seminar speakers advocate why nurses should not buy professional liability insurance. However, in our opinion, there are
More informationNEW JERSEY AUTO INSURANCE BUYER S GUIDE
NEW JERSEY AUTO INSURANCE BUYER S GUIDE AD9460ARR-0704 American Bankers Insurance Company of Florida American Bankers Insurance Company of Florida 11222 Quail Roost Drive, Miami, FL 33157-6596 NEW JERSEY
More informationFREE SPECIAL REPORT WANT TO PROTECT YOUR FAMILY? WHAT YOU ABSOLUTELY, POSITIVELY HAVE TO KNOW WHEN BUYING CAR INSURANCE.
FREE SPECIAL REPORT WANT TO PROTECT YOUR FAMILY? WHAT YOU ABSOLUTELY, POSITIVELY HAVE TO KNOW WHEN BUYING CAR INSURANCE. Keep reading to learn What are your chances of having an accident in Kentucky with
More informationThe In s and Out s of School Law: What You Need to Know. Dr. Lee Banton, Professor Emeritus
The In s and Out s of School Law: What You Need to Know Dr. Lee Banton, Professor Emeritus The very first act of a teacher is signing a legal document the contract! Read, study and understand the contract
More information