Generally, a personal injury plaintiff must prove four elements to prevail in a negligence claim: duty, breach of duty, causation, and damages. However, in some cases, plaintiffs can take a “short cut” under the legal theory of “negligence per se.” Negligence per se is a Latin term that means negligence…
A defective ignition switch in cars manufactured by General Motors (GM) has been linked to at least thirteen deaths over the past decade, and the company has recalled millions of vehicles during the first few months of 2014. The CEO of GM has been called to testify before Congress, and…
A series of investigations and lawsuits seek to shed light on shootings by agents of U.S. Customs and Border Protection (CBP), the agency which includes the U.S. Border Patrol (BP), involving Mexican nationals located across the border on Mexican territory. Asserting civil claims over these incidents has proven difficult, both…
The family of a woman whose body was found in the stairwell of a San Francisco hospital weeks after she went missing from her hospital bed has filed a legal claim with the city, indicating their intention to file a lawsuit. The claim is a mandatory prerequisite to a lawsuit…
The law of products liability enables consumers to recover damages if they suffer injury because of a design or manufacturing defect, a failure to provide adequate instructions for using a product, or a failure to warn of a known risk associated with a product. Agencies like the U.S. Consumer Product…
The National Highway Traffic Safety Administration (NHTSA) recently issued a new regulation that will require all vehicles under 10,000 pounds to have backup cameras by 2018. A lack of rear visibility causes a substantial number of pedestrian injuries and deaths every year. Children face a greater risk, simply because they…
The death of a camera assistant during a film shoot in Georgia has raised questions about film crew safety, amid allegations that the filmmakers placed a higher priority on completing the film on schedule and under budget. The woman’s family is expected to file a lawsuit in connection with her…
A series of lawsuits allege that the National Collegiate Athletic Association (NCAA) breached a duty to protect and safeguard student-athletes against concussion injuries. The U.S. Judicial Panel on Multidistrict Litigation (JPML) consolidated multiple putative class action claims into a single action in an Illinois court to resolve any common issues.…
The U.S. Department of Transportation (DOT) recently reached an agreement with railroad companies regarding safety measures for the transportation of crude oil by train, often known simply as “crude-by-rail.” Multiple recent rail accidents have led to concerns about the safety of crude oil obtained from areas of North Dakota, Montana,…
The family of a child who died of an infection possibly contracted from a rat bite has filed a lawsuit against the pet store that sold them the rat. The medical examiner ruled the cause of death to be a bacterial infection sometimes known as “rat-bite fever.” The lawsuit alleges…