| Wrongful Death & Survival |
| Every state has some type of wrongful death statute that allows for a decedent's beneficiaries to recover damages after a defendant willfully or negligently causes the decedent's death. Survival statutes relate to the claims of the decedent rather than those of his heirs. More... |
| Alternative Causes of an Injury |
| Ordinarily, a plaintiff in a personal injury action has the burden of proving that a defendant's negligence caused his or her injury. However, when a plaintiff proves that two defendants have committed negligent acts, and it is impossible to determine which act caused the plaintiff's injury, the burden of proof shifts to the defendants. Each defendant has the burden of proving that his or her negligent act did not cause the plaintiff's injury.More... |
| Duties and Liabilities of Motor Vehicle Drivers |
| A motor vehicle driver generally has a duty to exercise ordinary care in the operation of his or her motor vehicle so that he or she does not endanger the safety of other people who are using the highways. Ordinary care means the amount of care that a reasonable person would use under the same or similar circumstances.More... |
| Defamation of a Public Figure |
| A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. In such a case, the person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the fifth element for defamation of a public official or public figure.More... |
| Malicious Prosecution |
| It should be obvious that the purpose of the criminal justice system is to bring criminals to justice. Unfortunately, people sometimes try to use the criminal justice system for improper purposes, such as revenge. As one would expect, using the criminal justice system solely for improper purposes is prohibited by law. The personal injury lawsuit that addresses improper criminal prosecution is known as malicious prosecution.More... |
Reeder & Dunham, PLLC
