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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…

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…

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…

The United States Court of Appeals for the Tenth Circuit recently released its opinion in a negligence lawsuit brought after a woman was tragically killed in a rafting accident. The court ultimately determined that the plaintiff’s lawsuit must be dismissed because she signed a valid waiver form prior to embarking. In the case, Espinoza…

Many people are familiar with the term “pain and suffering” when it comes to damages awards following a successful negligence lawsuit, but not many people know that damages are not always automatically awarded to plaintiffs. There are several different types of damages awards to which a plaintiff may be entitled when a judge or jury finds that…