Blog Posts
Proximate Cause: Personal Injury Claim Causation Requirement
In a famous case, a commuter runs for a train that’s just started rolling. The man sprints across the platform. A conductor on the train reaches out, pulling the man. Another railroad employee on the platform pushes him onto the train. A wrapped package falls out of the man’s hands onto […]
Bankruptcy Exemptions: Why You Need Them
Like an iron gate protecting an entrance, bankruptcy exemptions protect a debtor’s property against loss in bankruptcy. Theory of Bankruptcy Exemptions In the old days when a person filed bankruptcy, the story goes, their property was taken and sold or ‘liquidated’, the proceeds then divided among creditors. Any remaining debt […]
MITIGATION OF DAMAGES IN PERSONAL INJURY
No one expects a person seriously injured in an accident to run a marathon or to bench press 500 pounds soon after the injury. At the same time, the legal concept of mitigation of damages requires those injured to make reasonable best efforts to get back on their feet. […]
Discovery in Civil Litigation
A “search for the truth” is the idea behind the discovery phase of civil law suits. Hollywood keeps movie viewers in suspense, telling a tale but holding back on a final nugget of truth until a secret witness shows up in court at the end revealing “the truth”. Forget all […]
Dog Bite Cases in Personal Injury Law
Dog bite cases present a shocking sudden trauma and long term damages. Man’s best friend turns into a monster. Permanent scarring results in many cases. Strict Liability The only good news in dog bite cases comes in strict liability. Most, not all, states impose strict liability on the owner or […]
Notice Requirements in Personal Injury Cases
Notice requirements compel those injured in an accident to notify proper authorities within a certain time frame. Otherwise, they lose the ability to make a claim. Many people understand statutes of limitation. Such laws give an injured person a certain number of years after an accident to file a proper […]
PREMISES LIABILITY LAW AND INJURIES
Premises liability cases address the legal duty of property owners. Many scenarios fall under premises liability. A store customer opens a cooling unit to reach for an item and a heavy door slams into her head. A shopping cart speeds along the floor, striking a customer. A homeowner, legally burning […]
Products Liability: Personal Injuries Caused by Defective Products
Products liability cases present horrifying facts: A power wrench explodes throwing metal pieces into an auto mechanics face, causing partial blindness. The transformer block on a new telephone answering device short circuits, sparking a home fire. A breast implant ruptures, leaking fluid into a woman’s body, causing cancer. These actual […]
Minor Settlements: Why is Court Approval Required?
Minor settlements, personal injury settlements for those under the age of minority, often need court approval before funds are released. Here’s the problem: minors lack legal capacity to make binding decisions. Minors in most cases can’t sign enforceable contracts. So, an insurance release cannot bind a minor. This contradicts the basic […]
Fools In The Law 2013
I write a biweekly newspaper column in New Hampshire’s Derry News. Once a year I abandon efforts to answer reader questions or to review major legal cases. Every April Fools Day, I review truly foolish occurrences in the law I’ve been saving up since the last April 1. Here is […]
