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In New Mexico, in order to prove a case against a negligent driver, the plaintiff must show four main elements. Simply stated, these are: duty, breach, causation, and damages. The most often overlooked element of a negligence claim, surprisingly, is the damages element. However, it is also one of the most vital. Establishing that…

Earlier this month, an appellate court in Oregon issued a written opinion in a premises liability case filed against a city employee, holding that the employee was not entitled to immunity under that state’s “recreational use” statute. In the case, Johnson v. Gibson, the court determined that the employee was not properly considered an…

Throughout someone’s life, it is very likely that they will be prescribed medication to treat a condition or illness. When a medication is prescribed, it is important that doctors explain the risks and course of treatment to the patient. In many situations, however, doctors do not fully disclose risks and assume that patients will…

Earlier this month, the New Mexico Supreme Court released its opinion regarding the applicability of traditional indemnification in the state following a personal injury lawsuit. The case stems from an accident in which a mother was changing her baby’s diaper in a Safeway Grocery store in the state. While the mother was changing her baby,…

When individuals have been injured on another party’s property, there is an analysis that must be done in order to determine whether that party was at fault for the injury and therefore liable to the injured party. In New Mexico, this area of the law is called premises liability, and it covers the duty that…

In a recently released ruling, the Mississippi Supreme Court reversed a lower court’s decision in a personal injury case that had denied the plaintiffs any relief for their claim. The case was filed by two plaintiffs, who were struck by an out-of-control vehicle while standing at a walk-up window paying for fuel at a gas…

The most recent news concerning injuries caused by participation in sports is focused on professional athletes who have suffered traumatic brain injuries and chronic traumatic encephalopathy (CTE). Many reports have focused on the serious damage that can be caused by participation in these high-impact sports. However, these injuries are not isolated to individuals playing…

Despite nationwide education on the prevalence of deaths due to alcohol, drunk driving accidents are still commonplace across the United States. When individuals are injured in an accident with a drunk driver, they may bring a personal injury lawsuit against the driver for their damages. However, many people do not know that in certain, very…

Late last month, the Supreme Court of the State of Idaho released their opinion regarding a medical malpractice claim stemming from treatment received by a 15-year-old in 2011. Apparently, the young woman was swimming at a YMCA when she fell from a floating structure. She was rushed to the hospital and was treated by…

Vehicle accidents not only hold the possibility of a serious injury or death but also may take a great emotional and financial toll. When individuals have been involved in an accident, it is incredibly important that a determination of fault, often through an investigator, takes place. Although many people are under the impression that the…