Hogan Injury > Blog > liability cause

The Complexities of Car Accident Liability

By | April 4th, 2018

Determining accident liability is very important. When liability is established right away, the process of claiming insurance can become more straightforward for the people involved, especially for the victim who’s filing a claim against the responsible party. Filing an insurance claim can be stressful enough as it is, and being able to determine and prove who’s liable for the accident immediately can help ease some of the burdens that the accident had caused. With all that being said, proving who’s liable for a car accident is not an.

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Child was Hit by a Car After Exiting Her School Bus

By | July 16th, 2013

QUESTION: My daughter was crossing in front of her stopped school bus and was struck by a car. The bus driver turned the lights off prematurely. Is this negligence? ANSWER: While negligence is often pleaded as an alternative theory, the strict liability cause of action does not require proof of “duty” and “breach” (conduct falling below the applicable “reasonable” standard of care). In other words, negligence focuses on “reasonableness” of the defendant’s conduct.

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Case Against McDonald’s for Injuries from Adulterated Food

By | March 8th, 2013

QUESTION: What can I do if I bit on a bone inside a McNuggets from McDonald’s? It was huge and looked like a half of a chicken wing bone. ANSWER: Providers of contaminated (“adulterated”) food may be liable on product liability and breach of warranty theories if the injury-causing substance is foreign to the food (e.g., bits of glass or wire). However, a substance that is natural to the preparation of a food item (e.g. chicken bone) is by its very nature reasonably expected and, as a matter of law,.

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