Another Way to Think About Stowers Doctrine – The Bodyguard Analogy

We recently got an email from a law student named Mary R. who wanted to know more about Stowers Doctrine. She asked: My Bar Program did not mention the Stower's doctrine, but I remember my professor mentioning it a couple of semesters ago. I would like to know if this is only for third party...

Some Commercial Drivers Still Hit the Road Despite Being Unfit to Drive.

Some think of the law as a "gotcha" instrument that deals justice indiscriminately, punishing many who don't truly deserve it and ruining lives in the process. On the contrary, it's entirely capable of recognizing different circumstances--for instance, it deals with genuine accidents differently than it does foreseeable events, and treats each accordingly. The law acknowledges...

Astronaut Mark Kelly Doesn’t Seem to Understand How The Law Works

In a recent interview, astronaut turned political activist Mark Kelly sat down with a reporter from Politico to talk about gun regulations. Specifically, Mr. Kelly spoke of the need for tighter restrictions on guns in order to prevent gun violence. When the conversation eventually arrived at the topic of those pesky Republicans in Congress, who...

“Drinking then Driving” Isn’t the Same as Drunk Driving.

Time and again, I've talked about how dangerous drivers can be when they've had too much to drink. To make matters worse, some bars and restaurants are willing to help them reach that perilous state, ignoring dram shop laws. It's an insidious problem and it seems to get worse every year. Of course we'd never...

Give Them an Inch: Subway Class Action and Tort Reform

Though I strongly believe in the workings of the legal system, I won't try to deny that frivolous litigation exists; I just try to emphasize that the system handles it appropriately. For instance, in 2013 a class action was filed against the Subway sandwich chain when the dimensions of their "foot long" subs were called...

The Worst DUI Week of the Year Is Why We Need Dram Shop Laws.

Independence Day is statistically the most DUI-accident prone day of the year. People don't drink hard just on the day itself, though--it has become a week-long celebration for some. All that alcohol creates far more serious risks than the occasional finger-flaying lesson about fireworks, and yet some unscrupulous bars are comfortable with over-serving it to...

When Open-and-Shut is Anything But: The Detailed Defenses in Trucking Accidents

Sometimes we at the firm read about cases that seem fairly open-and-shut. Having worked on thousands of personal injury cases, we know they often get a lot more complicated than they seem at first blush. Attorneys are trained to examine those complications--intentionally seeing the trees instead of the forest. Sometimes an accident's details aren't obvious...

The Cliché “Lawsuit Type” Is a Bad and Harmful Misconception.

When people are injured by negligence--by an auto accident or a malfunctioning product, or while on a dangerous property, to name but a few--they reach out to us to learn about their rights and what might come next if they sought compensation. We welcome their calls, of course, but when we talk to them one...

Adios Amoebas: Water Parks and Premises Liability

If you run a business, you'd better know what it takes to make sure your customers have a safe and satisfactory experience there. There are genuine accidents--things nobody could possibly have seen coming--and then there are incidents that likely could have been avoided with appropriate levels of pre-emptive caution. For example: If you run a...