If a legislative provision protects a certain class of persons by prohibiting or by requiring certain conduct, a person may commit a tort for violating that legislative provision, even if the legislative provision does not include a remedy for the violation. An injured member of that class of persons may be entitled to a tort... » read more
In order to prove that an insurer breached its duty of good faith and fair dealing in failing to settle a third party’s action against an insured, the insured may present evidence of the following: the probability of the insured’s liability to the third party the extent of damages recoverable in excess of policy coverage... » read more
By virtue of its contract with an insured, an insurer is under a duty to exercise good faith and fair dealing with regard to the insured’s rights under the contract. This duty requires the insurer to act so as not to prevent the insured from receiving the benefits of the agreement. In most jurisdictions, the... » read more
Even though most torts involving interference with a marital relationship have been abolished in most states and are rare in states that still allow a cause of action for the torts, a third party who is accused of such torts has certain defenses or privileges with regard to the torts. Such defenses or privileges include... » read more
Construction workers face dangers at work every day that many of us will never dream of. While some may have chosen this profession, it is imperative that they are guaranteed safety, especially when working at great heights. In 2011Â OSHA reported that falls were responsible for 35% of deaths on construction sites. The exact number being... » read more
Anesthesia has a beneficial purpose, to alleviate pain and discomfort during otherwise unpleasant medical procedures. While this is an admirable idea, if something goes wrong during administration or the procedure, the results can be severe causing injuries and possibly death. Who is liable for anesthesia errors? Due to the possible risks, doctors and other health... » read more
When your baby is delivered, the last thing you expect is for the umbilical cord to be wrapped around his or her neck. This incident is surprisingly common and it can lead to a dangerous condition called anoxia when not treated properly. Anoxia is when a baby is deprived of oxygen at birth—without those first... » read more
Whiplash is a serious condition that affects millions of people in the United States every year. Whiplash happens when there is damage to the neck and sometimes back due to a sudden motion, causing the neck to overextend. When it occurs there is damage to the delicate tissues of the bone and spinal cord in... » read more
According to the US Department of Labor 721 construction workers died in workplace accidents in 2011. Falls accounted for the most, 251 of the 35%. Out of the top then Occupational Health and Safety Act standard violations that same year, scaffolding, ladders and fall protection were amongst them. Falls on construction sites have become such... » read more
If you have now a trust, or are thinking about setting one up, this checklist from my book, The 7 Biggest Mistakes Trustees Make and Stay clear of Them, will show you what the commonest and serious mistakes are and how can i avoid them. Real estate probate can get very repugnant. Every law firm... » read more