Joint and several liability arises in those occasions where there are multiple participants engaged in negligent conduct. If a third person is harmed because of the participants negligent acts, each participant is liable for the harm to the third party because by participating in the negligent act, they induced, encouraged,…
The United States Centers for Disease Control and Prevention has stated that car accidents are the leading cause of injury and death in our country. Drunk drivers, distracted drivers, and other negligent drivers can cause an accident when you least expect it leaving you injured or worse. Often there is…
The King cannot be sued. Fortunately, the United States is not ruled by a King. However, the Federal Government does have immunity to many types of lawsuits and has set forth specific rules that must be followed before a lawsuit can be filed against it. In order to sue the…
One of the biggest factors an insurance company uses to determine how much money it will pay to settle a personal injury claim is the amount of the medical bills and what is contained in the medical records. No insurance company will settle a claim prior to reviewing the medical…
There are a myriad of reasons as to why individuals may become involved in disputes with their own insurance company. One such example though is during the course of handling a personal injuryv action, and after collecting insurance policy limits from the at-fault party, an injured party is required to…
Idaho law requires the drivers of motor vehicles to operate them at a speed and in a manner that is no greater than the conditions allow and having regard to the actual and potential hazards then existing. Stated otherwise, when roads are snow covered, even though the posted speed limit…
By Fred Lewis and George Casper Seat belts reduce the probability of serious injury or death by about half when a car accident occurs. In Idaho, seatbelt laws fall under Idaho Code 49-673 and were first introduced in 1986. The laws have been amended multiple times, with the most recent…
Hold Harmless Agreements are often presented to participants in recreational activities, such as climbing walls. Often times, the facility with the climbing wall will require participants to sign a “Hold Harmless Agreement” or “Release of Liability” form before a participant is allowed to use the climbing wall. The general purpose…
A tort is a branch of law that deals with the civil (not criminal) wrong doings of others. A tort is often described as a breach of the duty that the law imposes upon everyone as to how they should conduct themselves in relation to certain situations, transactions and circumstances.…
Idaho is not alone when it comes to dealing with bicyclist and pedestrian accidents. All across the country, those who are attempting to live their healthiest are often injured as a result of the neglect of others. In 2012 more than 4,793 people and 726 bicyclists were killed according to…