| Proximate Cause |
| In order to win a personal injury action, a plaintiff must prove that a defendant's negligence caused the plaintiff's injuries. In negligence law, there are two types of causation: (1) "cause in fact"; and (2) "proximate cause." The plaintiff must prove both types of causation.More... |
| Tort Liability of Landlords |
| A landlord is generally not liable for dangerous conditions on premises that are leased to a tenant after the tenant takes possession and control of the premises. The landlord is also not liable for failing to make repairs or for injuries that are caused by defects in the premises unless the defects are hidden or concealed. The landlord's lack of liability for dangerous conditions or for defects applies to the tenant and to any person who enters the premises at the tenant's invitation, which person is also known as an invitee. The landlord's lack of liability applies to both personal injuries and property damages.More... |
| Tort Action for Dangerous Employment of a Minor Child |
| A person who employs a minor child in a dangerous occupation may be liable to the child's parent for harm that is sustained by the child. An occupation is considered to be dangerous if it involves a risk of death or serious bodily harm because of the age and inexperience of the child. The occupation does not have to be dangerous for an adult in order for the employer to be liable to the parent.More... |
| Negligence |
| An injured plaintiff may bring an action against a defendant to recover for injuries caused by the defendant's negligence. Negligence is generally the failure to use the care that a reasonable and prudent person would use to avoid an injury. To maintain a negligence action, the plaintiff must prove that the defendant owed a legal duty to the plaintiff, that the defendant breached the duty, that the breach was both the actual and proximate, or legal, cause of the plaintiff's injury, and that the plaintiff suffered damages.More... |
| Rules Regarding Driving on the Right Side of a Road and Passing Another Vehicle |
| A motor vehicle driver is generally required to drive on the right side of a road. However, the driver does not need to drive on the right side of the road when he or she is passing another vehicle, when he or she is making a left turn, when the right side of the road is closed to traffic, or when the road has one-way traffic. More... |
Gross & Schuster, P.A.
Car, Truck & Motorcycle Accidents, Wrongful Death, Personal Injury, Premises Liability, Dog Bites, Product Liability, Medical Malpractice
