Newsletters

Comparative Negligence vs. Contributory Negligence

Under the legal doctrine of comparative negligence, when both the plaintiff and the defendant are guilty of negligence, the plaintiff's damage award will be reduced by the amount of his responsibility for the accident. For example, a motorcycle rider collides with a truck driver at an intersection.

Motor Vehicle Rules

Rules regarding the operation of motor vehicles on a state's highways are generally set forth in the state's vehicle code or transportation code. These rules often determine whether a defendant is liable for a motor vehicle accident.

Res Ipsa Loquitur

In a personal injury action, a plaintiff usually must prove that a defendant was negligent and that the defendant's negligence caused the plaintiff's injuries. However, in some cases, there is no direct evidence of negligence. For example, spectators are watching a basketball game in a high school gymnasium.

Liability of a Cruise Ship for Emotional Distress Claims

Under the Coast Guard Authorization Act of 1996, cruise ships may use ticket contracts to disclaim liability for emotional distress, mental suffering, and psychological injury claims by passengers.

Nursing Home Abuse and Neglect

With the increased number of elderly people in our population and the increased number of elderly people who reside in nursing homes, there has been an increase in the number of tort actions involving nursing home abuse and nursing home neglect. Although both federal and state agencies are responsible for inspecting and regulating nursing homes, many nursing home residents are being subjected to situations that may constitute abuse or neglect.