This is our fourth post in a series dealing with the topic of premises liability. We’ve already looked briefly at premises liability claims in general, as well as the issues of comparative negligence and assumption of risk in the context of premises liability. So called “slip and fall” cases are…
In our last post, we began looking at the principles of assumption of risk and comparative fault in premises liability cases. In the state of New York, premises liability is based on negligence, which is the failure to carry out a legal duty owed to another. While some states make…
Last time, we began looking at a premises liability case out in California involving an injury that occurred in a New York health club. One of the issues in that case, we noted, was whether the health club patron assumed the risk of injury by participating in an activity offered…
In a prior post, we highlighted the prospective success of safe harbor provisions, which essentially protect physicians who want to give alternative recommendations when medical procedures don’t go as planned. These provisions are envisioned as a way to improve health care; which in turn, may limit medical malpractice lawsuits. However,…
When it comes to safety in places of business, most of us expect that businesses are going to be proactive in dealing with dangerous conditions that exist on the premises. We assume that if there is a condition on the property that presents a significant risk to patrons, the condition…
Last time, we began looking at some of the risks of electing for a home birth, particularly at the role the midwife has to play in these risks. As we noted, lack of training really sets a certain type of midwife apart from midwives who go through more rigorous training.…
We’ve been looking in recent posts at the issue of home birth, the risks involved, and midwife professional liability. One important point we need to make about this topic is that, while home birth may be inherently risky, particularly for certain women, those who do take the risk of having…
The way a couple chooses to give birth to a child is a very personal and potentially sensitive matter. Different couples have different approaches and opinions about what is best for the child, and what is most comfortable for the mother. One of the options some couples have, depending on…
With 12 months in a year, it can be difficult to keep up with the numerous causes that monthly awareness campaigns bring forward. Awareness causes, however, provide crucial opportunities for communities to become informed and take steps that might save lives. The month of May boasts various awareness campaigns. This…
This is the fifth post in a series dealing with the topic of third party lawsuits in motor vehicle accident cases, by which we mean liability for parties who were not directly involved in the accident. Last time, we looked at truck accident cases and the possibility of vicarious liability…