Social Media Posts

Nearly everyone has some kind of a social media presence. Because people are willing to share personal details of their life, these social media posts may end up being used against them in their case.

If the plaintiff was injured because of negligence or an accident, the insurance companies defending themselves and their clients may try to prove otherwise. Social media activity could end up becoming vital evidence in helping insurance comapanies win when plaintiffs are not careful about what they post on social media.

For any legal case involving an accident or injury, perhaps the wisest option is to simply refrain from posting anything on social media.

What Is the Difference Between a Negligence Action & a Strict Liability Action?

As a small-business owner, you can protect yourself and your business from costly litigation by recognizing situations that expose you to tort liability. A tort is a civil wrong causing injury to another either through negligence or under the theory of strict liability. Business owners are liable for injury caused by their own negligence and for injury to another — through no fault of the business owner — where the law imposes strict liability.

 

Duty of Care

Injured people can initiate lawsuits for negligence against business owners who have not properly exercised a duty of care; nevertheless, strict liability cases don’t require demonstration of a duty of care. If a customer slips and injures himself because you failed to clean up a bottle of fruit juice that spilled in the aisle of your grocery store, you are legally liable for injuries resulting from the customer’s fall because you were negligent. In contrast, strict liability cases are based on the understanding that certain activities, such as selling or manufacturing defective products, are so dangerous that no level of care can render them safe; therefore, any injuries resulting from such activities will automatically be compensated by the party responsible for the dangerous activity.

 

Causation

Business owners are only liable for negligence if their failure to carry out their duty caused the injury; for strict liability cases against manufacturers or sellers of defective products, the injury must result from the defect. If your grocery store has been immaculately kept and a customer slips and falls because she was not minding her step, you have breached no duty of care and are not liable for negligence because you did not cause the injury. If you make ceramic mugs, but a defect in the glazing causes the mug to be susceptible to shattering, you are strictly liable for injuries caused to people when the mug shatters; however, you are not liable for an injury caused by drinking a beverage that was too hot from the mug because the injury did not result from the glazing defect.

 

Defenses

Even if you have acted negligently, you can raise certain defenses to explain your behavior and avoid liability to the injured person; however, strict liability claims have no defense. One defense to negligence, called “assumption of the risk,” excuses liability if the injured party should have understood that her actions would result in injury but carried out the act in disregard of the risk. For example, if you notice that a bottle of fruit juice has spilled in the aisle of your grocery store and you block off the aisle with a rope and put up a sign reading, “Danger: Do Not Enter,” and a customer ignores the sign, removes the rope, then injures himself, you can defend against liability by stating that the customer assumed the risk by disregarding the warnings you put in place. A second defense — contributory negligence — bars an injured person from recovering monetary damages, in some jurisdictions, if he bore any of the faults for the injury; for example, if he dropped the bottle of fruit juice and caused the spill, then slipped and fell in your grocery store, he would not be able to recover monetary damages for negligence because his actions contributed to his own injury.

 

Partial Liability

The law sometimes holds you partially liable for injuries resulting from your negligence; however, strict liability cases always result in 100 percent liability. Under the concept of comparative negligence, an injured party can only recover monetary damages for the percentage of the injury caused by your negligence. If the court thinks that the customer who slipped on the spill in your grocery store was 20 percent at fault for not noticing the brown liquid in the aisle, then she will only recover 80 percent of the total amount of damages awarded by the court.

It wasn’t ‘itsy bitsy,’ but spider causes Florida car crash

A spider is being blamed for a car crash in the Florida suburbs.

Broward Sheriff’s Office spokesman Mike Jachles tweeted that the crash happened Tuesday after the driver saw a spider loose in the car.

The white car hit a light pole, knocking it into the street in Cooper City, which is northwest of Miami.

Few details about the crash were available, but pictures taken by the sheriff’s office show damage to the car’s front end.

In a tweet, Jachles said while he doesn’t know what kind of spider caused the one-vehicle crash, it definitely was “not #itsybitsy.”

 

 

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Top 15 Causes Of Car Accidents And How You Can Prevent Them

Car accidents are unfortunately very common in the United States and the majority of these road crashes are caused by human error. While some are relatively minor, thousands of lives are taken every year by these horrible car crashes. Because your life can be at risk if you drive in an unsafe manner, it is so important to drive carefully and follow all traffic laws.

However, just because you are careful does not mean that you can assure that all other drivers on the road will do the same thing. If you are in a car crash, it may not be your fault, and you should not be held responsible for the damages caused by the ignorance or mistakes of other drivers. In such cases, you should consider protecting yourself by filing a car accident claim. There are so many damages, pains, and frustrations that may arise as a result of a car accident, and it’s best to guard your life above all.

Below are the most common causes of car accidents in the United States. Read carefully to find out what actions you can start taking today to prevent them

1. Distracted Driving

Distracted driving becomes a larger threat every year and has been the leading cause of car accidents for the past decades. Please pay attention to the road while you are driving. That means no calls, no texting, no eating, no reading, no grooming or application of makeup, and talking while behind the wheel.

2. Drunk Driving 

Drunk driving is one of the most dangerous causes of accidents in the U.S. and is the most deadly. If you have had anything to drink, take a taxi or give your keys to a sober friend. It is not worth the risk.

3. Speeding

Although it can be tempting to push the speed limit when you are running late, speeding is the second most common cause of accidents, so you should resist the urge and stay within the legal limits.

4. Reckless Driving

Changing lanes too quickly, speeding well over the limit, and acting aggressive on the roads can lead to horrible accidents. It is important to take your time and remain calm while driving to avoid needless accidents caused by simple carelessness.

5. Rain

While you can’t always avoid driving in the rain, the slippery, treacherous road conditions caused by heavy rains should be avoided when at all possible. If visibility is too low to drive or the roads seem particularly slick, you should pull over and wait until the storm passes.

6. Running Red Lights

It may seem obvious, but it bears repeating. Red always means stop. Even if it seems like no other cars are coming, you can cause a serious accident by running a red light and you will be breaking the law. We’ve heard several excuses from busy entrepreneurs trying to run through red lights while thinking about work, from those legal contracts to investor relations, and at the same time literally trying to answer to work emails. Understand that life is more important than all these issues combined and it’s best to be safe than sorry.

7. Night Driving

Lack of visibility makes hazards more difficult to see at night. Make sure that you are extra alert on the road at night, and use your full lights when on an abandoned road without streetlights.

8. Design Defects

Sometimes accidents are caused by flaws in the car itself. While you cannot always avoid this, make sure to take note of any recalls in the news and take your car in for regular maintenance.

9. Tailgating

There is never an excuse to get too close to the car in front of you, no matter how frustratingly slow they seem to be going. Keep a safe distance from other cars so that you will have time to react to sudden turns or uses of brakes.

10. Wrong-Way Driving/ Improper Turns

Everyone makes mistakes, but lapses in judgment while driving a car can cause horrible accidents. Be aware of street signs warning of one-way streets or other irregularities, especially in unfamiliar areas.

When people don’t get in the proper lane to make a turn, use signals properly, or follow traffic signals, accidents happen. Always look out for traffic signs and obey the proper right-of-way when you make a turn.

10. Teenage Drivers

Teens don’t have the experience to know what to do in unsafe conditions and that naïveté causes accidents. If you have teenagers, make sure that they have had a defensive driving course, do not permit cell phone use while driving, and limit the passengers they can take with them in the car.

11. Drugs: 

While alcohol is the culprit we usually associate with DUIs, drugs, including marijuana, prescription pills, and other illegal drugs also cause terrible accidents. Never drive if you are under the influence of any drug, prescribed or not.

12. Potholes:

Potholes are very frustrating for drivers because sometimes they can’t be avoided. Try to drive around potholes to avoid damaging your car, when you can, but do not swerve into another lane if cars are coming. Despite the fact that there are some laws that could work in your favor, don’t take chances, especially with the heartbreaking car accident statistics from previous cases.

13. Tire Blowouts

If you get a flat while driving, it can cause you to swerve unexpectedly. Try to stay calm and keep control of the wheel while pulling over as soon as it is safe. Call for help if you cannot change the tire yourself safely.

14. Animal Crossings 

Anyone who has ever heard someone tell about hitting a deer knows that this is a big danger. For this reason, take extra caution when you see an animal crossing sign and always use your high beams when traveling in rural, woody areas where wild animals are common.

15. Construction Sites

Sometimes the way a construction zone is set up can be confusing. Follow the cones as well as possible and be aware of other drivers who may be confused. It is especially important to drive slowly in these areas to avoid even the smallest accidents from occurring.

Before you drive, think about how wonderful life is, your loved ones (even if you’ve sorted your estate planning), your business and the other great dreams you still have to achieve in life. Be proactive by taking precaution and removing all forms of distractions that might hinder your focus along the way. Life is worth living!

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Steps in a Personal Injury Lawsuit

Learn what to expect in your personal injury lawsuit.

Every personal injury lawsuit is unique, but there are common elements that every person suing (called the plaintiff) and the person being sued (called the defendant) can expect to encounter. This article discusses the major litigation landmarks and processes the plaintiff and defendant can expect, from the beginning of the lawsuit to its resolution.

The Plaintiff is Injured and Hires an Attorney (Maybe)

At the beginning of any legitimate personal injury case is, obviously, a personal injury. However uncertain the defendant’s liability or the extent of damages, no case will make it past the summary judgment stage without some proof of the plaintiff’s injury.

After an injury, if the damages appear to be more than the small claims court limit (around $5,000, depending on the state), most plaintiffs will seek out an attorney. The typical plaintiff’s personal injury attorney will consult with the plaintiff for free. If, after the initial consultation, it appears that the plaintiff might have a case, the attorney may agree to conduct an exploratory investigation, including whether or not the defendant has applicable insurance and/or sufficient assets. If the consultation and investigation lead the attorney to conclude that the case is viable, he or she will enter into a fee agreement with the plaintiff and officially become the plaintiff’s attorney.

Some of the initial attorneys a plaintiff contacts may decline to accept the case or refer the plaintiff to another attorney. Regardless of whether the plaintiff hires an attorney, anything the plaintiff tells the attorney is strictly confidential and protected from disclosure in court by the attorney-client privilege.

A plaintiff may, of course, choose not to hire an attorney. Because of the complexity of litigation, this may not be a wise decision, particularly if the stakes are high and the defendant is likely to hire his or her own attorney. Considering most plaintiff-side personal injury attorneys work for a contingency fee (i.e. they only get paid if the plaintiff does), hiring an attorney is usually a good idea.

A Complaint is Filed and Served on the Defendant

After establishing that a legitimate case exists and that there are no procedural hurdles like an expired statute of limitations, the plaintiff’s attorney will file a personal injury complaint. The complaint is the first official document in the case, laying out in very broad detail what the plaintiff claims the defendant did.

After the complaint is filed, the plaintiff’s attorney will have a month or more to locate the defendant and “serve” the complaint on him or her. Serving the complaint basically means physically delivering the complaint to the defendant in a way that can be proved later, ensuring the defendant cannot later claim to not know about the lawsuit. Along with the complaint, the service papers will tell the defendant the next date he or she must appear in court.

The Defendant Hires an Attorney

The defendant will typically have a month or more to find an attorney before his or her first court date. If the defendant has assets or an applicable insurance policy, finding a personal injury defense attorney willing to take on the case should not prove difficult.

If insurance applies, and the defendant must notify the insurance company as soon as he or she knows about the lawsuit (which is a strict requirement in insurance policies). The insurance company will then supply and pay for its own lawyer if the defendant has not already hired one. Defense attorneys work for an hourly rate, not a contingency fee, so if the defendant can afford to pay out-of-pocket, a “losing” case headed for early settlement is not a deterrent to taking the case on.

Pre-Trial Litigation

In the pre-trial process, both sides will ask each other for evidence and witness information in a phase called “discovery.” At the early stages, both sides will also appear in court to inform the judge of how the case is proceeding, to agree or not agree to mediation or arbitration, and to set a trial date. As the discovery process proceeds, both sides will begin to schedule depositions of the opposing party and witnesses, i.e. examinations and cross-examinations under oath outside the courtroom.

This process of discovery and intermittent court appearances can take months and even years, with the trial date frequently being set back. Eventually, once the discovery process appears to have proceeded as far as it can, the defendant may ask the judge to throw out the case on “summary judgment” because the plaintiff cannot possibly win at trial (these motions lose more often than not).

As the case moves closer to trial, the parties will significantly ramp up effort as they engage in mandatory settlement conferences, make motions to determine what evidence will be allowed at trial, select a jury, etc.

Finally, the trial will begin and, for a typical personal injury case, last several days. At trial, the judge or jury will determine if the defendant is liable and, if so, how much the defendant is required to pay out in damages. After the trial, either party can initiate an appeals process that can last from several months to several years. After the appeals process has been exhausted, a losing defendant will be required to pay the damages established at trial or on appeal.

Settlement is Very Likely

Most cases settle before trial. At any point in the process described above, the parties can settle and end the case. In fact, the plaintiff can send the first settlement offer before the complaint is ever filed. What is more typical, particularly if the initial evidence establishing liability and/or damages is inconclusive, is that a settlement is reached after the discovery process has gone on for a while.

 

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