Most people have heard about the McDonald’s spilled coffee case. It was the poster child for what is called tort reform – legislation to cap or limit awards for injuries. What most people don’t know is what occurred in that case. McDonald’s, unlike other fast food companies, served their coffee…
Guns are an important part of life in Idaho. They are used on farms and ranches, for hunting and targets, and home defense. But they are dangerous and must be handled carefully. On November 2, 2015 at a gun show in Garden City, Idaho, a gun accidentally discharged and struck…
Due to increased distracted driving, text messaging while driving was outlawed in Idaho in July, 2012. A person can still text while driving if it is done in the hands-free mode. In addition, a driver can use their cell phone while they are driving if they are simply talking on…
Negligence is a word used to describe the conduct of a defendant. However, conduct alone does not constitute a cause of action. Generally, to establish a cause of action based upon negligence, a plaintiff must establish: A duty recognized by law requiring an actor to conform to certain types of…
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…