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The Supreme Court of North Dakota recently released its opinion in a case in which a woman alleged she sustained injuries after attending a fireworks display. Evidently, the woman attended a fireworks display at a fairgrounds that was free of charge to the public. The woman was looking for a place to observe the fireworks…

The Maine Supreme Judicial Court recently released its opinion in a case involving a personal injury lawsuit against a city. According to the facts outlined in the court’s opinion, the plaintiff was visiting the city hall when he tripped and fell down several steps. He ended up slamming into the concrete floor and then…

Earlier last month, the Supreme Court of Utah issued a written opinion regarding whether a four-year-old child could be held liable for his own negligent actions. In the case, Nielsen v. Bell, the court ultimately concluded that a four-year-old child cannot, as a matter of law, be found negligent for his own actions. Only children…

Pedestrian accidents have the potential to be some of the most dangerous types of accidents, given the complete lack of protection a pedestrian has from an oncoming vehicle. While pedestrian accidents account for about 10% of the total number of auto accidents nationwide each year, they represent 15% of the total number of auto-accident-related fatalities….

Although most people spend a great deal of time and energy trying to avoid accidents, sometimes getting into an accident is out of their control. In many accidents, it is quite clear who is at fault. However, many times, when multiple vehicles are involved, it can difficult to ascertain and apportion liability. Generally, before…

In New Mexico, in order to prove a case against a negligent driver, the plaintiff must show four main elements. Simply stated, these are: duty, breach, causation, and damages. The most often overlooked element of a negligence claim, surprisingly, is the damages element. However, it is also one of the most vital. Establishing that…

Earlier this month, an appellate court in Oregon issued a written opinion in a premises liability case filed against a city employee, holding that the employee was not entitled to immunity under that state’s “recreational use” statute. In the case, Johnson v. Gibson, the court determined that the employee was not properly considered an…

Throughout someone’s life, it is very likely that they will be prescribed medication to treat a condition or illness. When a medication is prescribed, it is important that doctors explain the risks and course of treatment to the patient. In many situations, however, doctors do not fully disclose risks and assume that patients will…

Earlier this month, the New Mexico Supreme Court released its opinion regarding the applicability of traditional indemnification in the state following a personal injury lawsuit. The case stems from an accident in which a mother was changing her baby’s diaper in a Safeway Grocery store in the state. While the mother was changing her baby,…

In a recently released ruling, the Mississippi Supreme Court reversed a lower court’s decision in a personal injury case that had denied the plaintiffs any relief for their claim. The case was filed by two plaintiffs, who were struck by an out-of-control vehicle while standing at a walk-up window paying for fuel at a gas…