Imagine minding your own business at home, when suddenly, an explosion rocks your apartment complex. This shocking situation was a reality for the residents at an apartment complex in the suburbs of Washington, D.C. this past August. The explosion resulted in a fire that destroyed most of the apartment complex and caused many who were in the building at the time to fear for their lives. The explosion claimed the lives of seven people, and cause injury to over 40 people, in addition to the destruction of what many were calling home.
Imagine trusting a newborn infant in the hands of paramedics, only to have the child suffer third degree burns during transport. This is the chilling tale of one Idaho family, who has opened a lawsuit against the city of Rexburg over the incident. The Porter family was home one evening, when something unexpected happened. Jenise Porter delivered the unexpected birth of her child, Londyn Porter. Paramedics were called in to rush Londyn to the hospital. What the Porter family expected was a safe trip for their newborn daughter. What happened caused them to take legal action against the city.
The Porter Family’s Case
Silver City, New Mexico was recently the site of a grizzly series of events that resulted in the murder of one woman, Nikki Bascom, and a subsequent suicide of the perpetrator, Mark Contreras, a police captain. This shocking and sad event was the culmination of a number of prior incidents involving Contreras’s repeated and bold harassment of Bascom following the end of their relationship.
Bascom is survived by two children, now living with Bascom’s mother, Karri Dalton. Dalton has since begun a wrongful death lawsuit on behalf of Bascom’s children. Dalton claims that neglectful policing led to the eventual murder of Bascom at the hands of Contreras. The case is against Silver City’s police department, citing the departments repeated demonstrations of ignoring Contreras’s history of violence and allowed his disruptive behavior to continue, and eventually allowed him to kill Bascom.
To succeed on a personal injury claim, you need to show that the person you are suing had a responsibility to keep you safe, did not follow through on that responsibility, and this caused your injury. One of the trickiest parts of a personal injury claim is proving that the person who hurt you had a responsibility to keep you safe, or at least a duty not to hurt you. While this is often difficult, there are also situations where it is quite easy, such as when someone was per se negligent.
Negligence Per Se
There are many laws and regulations that dictate what we can and cannot do in the course of our daily lives. These laws exist to keep everyone safe by dictating how basic things are done in the United States. By acting uniformly in this way, we ensure that other people are not needlessly put in harm’s way.
These laws basically set a minimum standard of care for other people that we need to uphold.
Therefore, whenever someone violates one of these laws and ends up hurting you, it can be used as proof that they were negligent. This is because violating these laws is negligence per se, or intrinsically negligent.
This works by reading the law as setting the responsibility that had to be upheld, and then the violation of that law as proof that it was not.
An Example: Driving on the Right Side of the Road
An excellent, and all too common, example of how negligence per se works is New Hampshire’s law that requires drivers to keep to the right side of the road. Whenever someone veers over the center line and causes a car accident, they were likely per se negligent. The minimum standard of care that they had to uphold was to drive on the right side of the road. Crossing over the center line and causing an accident, therefore, is proof that they were not driving on the right side.
Implications of Negligence Per Se
Whenever there is a law, regulation, or statute that dictates how people should act, and then someone violates that rule and someone gets hurt from the violation, it makes it easier to get compensation from them in a personal injury lawsuit. Without having to argue as much over whether they had a responsibility to keep you safe and whether they violated that responsibility, the case becomes much more straightforward.
Personal Injury Attorneys at Tenn And Tenn
Even though negligence per se is a convenient concept for personal injury cases, it still often takes an experience personal injury attorney to make sure that it works properly. This is why hiring the personal injury attorneys at Manchester’s own Tenn And Tenn law firm is one of the best ways to ensure that you receive Continue reading →
Many of the people who get arrested for a crime in New Hampshire every day have never been arrested before. Having never been thrown into the criminal justice system, these people do not fully know what to expect, beyond what they may have seen on TV shows or in the movies. Unfortunately, the media does not often portray the criminal justice system correctly, taking huge liberties to make things seem more dramatic than they really are.
How Bail Works
New Hampshire, like all other states in the U.S., has an implied consent law that levies automatic penalties whenever someone refuses to take a blood alcohol content (BAC) test. In a 2005 survey, the National Highway Traffic Safety Administration (NHTSA) had found that police requests for people suspected of driving under the influence (DUI) were refused at an astounding rate in New Hampshire. Updated statistics, however, show that New Hampshire’s refusal rate is on the decline, and is no longer top in the nation.
Study Finds New Hampshire No Longer Refuses BAC Tests the Most
Back in 2005, the NHTSA wrote a report to Congress, detailing the number of times that BAC tests were refused by drunk driving suspects on a state-by-state basis. Among the 37 states that provided data on the issue, the national average refusal rate was less than a quarter – 22.4%. New Hampshire’s refusal rate, however, was far higher than any other state recorded, coming in at a surprising 81%. The state with the second highest refusal rate, Massachusetts, was only 41%, with Florida in third, at 40%.
A wrongful death claim has been filed by the family of a motorcyclist who was struck and killed by a falling tree. Edgar Riecke, a motorcycle enthusiast hailing from Durango, Colorado was on a ride through Utah in October of 2014. Riecke was rounding a corner when he was struck and killed by a tree falling directly on top of him. The tree, however, was not simply falling on its own, in fact the tree was being cut down by a pair of two Boy Scouts out collecting firewood for their local troop. The tree fell on top of Riecke, ending his life. Riecke is survived by his son and daughters, who have begun a lawsuit for unspecified damages.
A surprising face appeared in Iowa court as a witness earlier this month in the case of Cheryl Bronson. Bronson was the victim of a drunk driving accident and has suffered a number of injuries. Bronson also happens to be the aunt of Olympic gymnast and ‘Dancing With The Stars’ champion Shawn Johnson, who appeared in court as a witness for the plaintiff, her aunt.
Bronson was once a golfer, and an Iowa Women’s pool champion in 2008, and due to her injuries is no longer able to participate in either of those activities. The incident caused her to suffer multiple fractures to her leg and although she has healed, she has had significant changes in her life. Bronson must now walk with a limp, has trouble walking, and has even had to move to a single story home. In addition to this, Bronson has 3 more surgeries planned for her injured leg in the future.
When a person is seriously injured, they will require medical treatment, or sometimes even hospitalization, depending on the severity of the situation. Typically, these bills are initially covered by the person’s medical or health insurance provider. If the person desires to pursue legal action against the one responsible for their injuries, the losses from the medical expenses will be considered in the damages pursued from the case, along with any other relevant damages that stem from the case. Health insurance is a person’s first line of defense against medical expenses. A majority of the time, the hospital will bill the insurance company so that the injured party will not be overcome with medical debt. For one hospital in Arkansas, however, patients who have been injured as a result of someone else’s actions are finding some difficulty with hospital administration accepting their insurance plans.
Turning Down Insurance
In addition to Samsung’s recent troubles with the recall of their new phone for some explosive issues, Samsung has found themselves once again in hot water. Samsung, while known primarily for their handheld electronic devices, is also a manufacturer of a number of appliances, ranging from televisions to washing machines. Samsung has been the subject of several lawsuits regarding one of their models of washing machines.