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The Supreme Court of Hawaii recently released an opinion addressing a physician’s duty to disclose information to a patient. The opinion stemmed from a 2008 incident when the plaintiff suffered a lower back injury at work and sought treatment from his primary care doctor. The plaintiff was given conservative treatment, and when that did…

When individuals are injured or killed in an accident that was the fault of another party or parties, there are many hurdles that they or their families must overcome before they can be compensated for the injuries they endured. When there is only one culpable party involved, the case may be more straightforward, but often there…

The Supreme Court in Wisconsin recently released an opinion in a negligence case brought by a plaintiff who was injured when she was waiting in line to ride on a hot air balloon. Apparently, the plaintiff had been waiting in line for about half an hour when one of the hot air balloons began to move toward the…

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…

Over the past 18 months, auto manufacturers have announced numerous recalls, reaching into the millions of vehicles. These recalls have involved a number of issues, ranging from faulty ignition switches to airbags that sporadically deploy without warning. In a recent case brought by a couple who sustained minor injuries in a Saturn Sky, the…

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…