Driving Under the Influence

Driving under the influence (DUI) of drugs or alcohol is a felony in most states that can lead to significant criminal penalties for the defendant and significant medical injuries for the victims. DUIs tend to go up as people celebrate the holidays. The defendant may be subject to prison time, criminal fines, be required to use an ignition interlock device, or have their license revoked.

The standard in most states for alcohol consumption is .08 blood alcohol concentration. If the driver’s blood alcohol concentration is .08 or higher, the driver is presumed to be driving under the influence. Driving under the influence considers certain drugs as well, such as marijuana, PCP, cocaine, or other substances.

Fall Injuries

Weather hazards can increase the potential for a slip and fall or trip and fall accident. The winter months bring rain, snow, or ice that increase the likihood of injury. Trip hazards may include hanging electrical cords or random gift boxes on the ground. Such dangerous conditions may be increased by poor lighting or broken staircases. Property owners should minimize the risk of hazards by shoveling snow or repairing broken lights or handrails, especially if they have guests over.

Burn Injuries

Burn injuries can occur whenever a person encounters a source of heat. Common sources of burn injuries, especially during the holidays, include water heaters, electrical or chemical fires, and other potential flammable material. Burn injuries may be especially acute in the winter as people use their fireplaces to keep warm or launch fireworks to celebrate the New Year. Burn injuries may be caused by defective products, such as a defective stove or heater. They may also occur at the workplace if an employer provides faulty equipment.

Electrical Shocks

Electrical shocks can be dangerous or even fatal depending on the voltage. Electric shocks are a hazard in the home or workplace from appliances such as toasters, microwaves, or Christmas decorations. A serious electric shock can cause seizures, strokes, or cardiac arrest. Electric shocks may arise from poor manufacturing that produces loose wiring or a failure to warn against potential electrical exposure. The risk of electric shocks in the workplace should be mitigated by employers, who can provide gloves or other safety gear.

Food Contamination

Many food borne illnesses are caused by E.coli, salmonella, and other bacteria. These bacteria are spread by undercooked food or cross-contamination with raw foods. Symptoms may include nausea, abdominal pain, cramps, fever, headaches, vomiting, and diarrhea, and may start between two and six hours after eating contaminated food.

Another type of food injury include the consumption of physical objects. You may discover or ingest insects, glass, metal, or rocks in your food. While some discoveries or consumption may not be harmful, in other instances it may be dangerous if not fatal. Ingesting metal, glass, or other sharp objects can cause severe cuts and injuries to one’s intestines and may require hospitalization.

Should I Hire a Personal Injury Lawyer?

A skilled personal injury lawyer will be familiar with the relevant laws and legal issues that can arise in your case. An attorney will be able to review the facts of your case and can determine whether you have a viable claim or not. If you or a loved one have been injured in an accident, then you should consider contacting a personal injury lawyer for further legal advice.

The post Top Five Holiday Injuries to Avoid appeared first on Law Blog.

Jones supporters and others have argued that the verdict represents unfathomable greed by the Sandy Hook parents at the expense of the First Amendment. If major corporations are subject to smaller verdicts for more widespread harm, why should one man be subject to a monetary judgment comparable to the GDP of small countries?

There are several factors to justify the large amount against Alex Jones. First though, it is important to establish that Jones set himself up to fail. Jones never cooperated with the discovery process, the phase of a lawsuit where both sides gather witness testimony and other evidence to be used at trial. If a defendant refuses to cooperate, the judge can enter judgment against that defendant (conversely a Plaintiff who refuses to cooperate may have their case dismissed).

Jones refused to answer written questions and live-streamed a show while his lawyers were arguing that he was too sick with Covid to sit for an oral deposition. During the trial, Jones spent most of his time at his studio and called the judges pedophiles and the jury “off this planet.” It was bold of Jones to defame the Court while he was on trial for defamation.

Beyond Jones’ refusal to respect the legal system though, there were several factors that explain the extraordinary sum that Jones is now ordered to pay.

Number of Plaintiffs

The media headlines behind the case are misleading. The Sandy Hook parents are not a couple of people who earned a billion dollar judgment against one man. The Sandy Hook lawsuits consist of more than a dozen people who each obtained a judgment against Jones. The average verdict against Jones was for tens of millions of dollars and the highest judgment was for $120 million. This lawsuit will not turn a single parent or even a single family into billionaires. Instead, each individual parent is being compensated for their own damages. This is not one big lawsuit that produced a billion dollar judgment, but rather fifteen different cases that each contributed tens of millions to the overall total.

Extreme Emotional Distress

The Sandy Hook plaintiffs each suffered a unique harm that is difficult to quantify. It is always difficult to estimate how much a child’s life is worth. However, it would be even more difficult to determine the correct payout for a parent who loses a child and then is forced to endure a campaign of slander from a man who alleges that their dead child never existed. The grief and anguish from losing a child is extreme, but it would be especially cruel if a man publicly claimed that these families have no right to their grief despite all evidence to the contrary. That is the depravity of Alex Jones and his victims deserve recognition of the emotional distress he inflected upon them.

Harassment Is Not Mere Words

Many Jones supporters claim that mere words cannot support this verdict. However, Jones was not merely speaking but inciting harassment with his slander. During the trial, victims’ relatives said they were threatened and harassed for years by people who believed the lies that Jones espoused. Strangers showed up at their homes to record them and confronted them in public. People hurled abusive comments on social media. They received death and rape threats. People would vandalize the graves of their deceased children who were killed during the shooting. The threats were so erogenous that most of the parents were forced to move several times to avoid Jones’ followers. This campaign was inspired by and at the direction of Alex Jones and not once did Jones stop despite repeated requests that he cease his conduct.

Moreover, this harassment occurred over a decade. Sandy Hook occurred in 2012 and yet to this day, in 2022, there are people who still believe Jones’ lies and are still willing to harass the victims based upon these lies. The worst part is Jones is completely unrepentant. Although Jones confessed under oath that the shooting occurred, his behavior persisted during the trial itself and he continues to incite harassment, not only against the Sandy Hook victims, but now the judge and jury themselves. It has become clear that the only way the Sandy Hook parents can be insulated from future harm is if Alex Jones is forced to pay for all damages, past, present, and future.

Do I Need the Help of a Personal Injury Attorney?

If you have sustained a personal injury through the malicious, fraudulent, or oppressive act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer can review the facts of your case, go over your rights and options, and represent you at hearings and in court.

The post The Sandy Hook Verdicts against Alex Jones Are Justified? appeared first on Law Blog.

At-Will Employment Is a Two-Way Street

At-will employment is the de facto state of employment in the United States. This means that employment relationships in the US are subject to end by either party. The typical exceptions to the general rule are termination based on discrimination against a protected trait (race, religion, sex, etc.) or modification of the at-will relationship by contract. If there is no employment contract or if there is no discrimination based on a protected trait, then either the employer or any employee can end the employment relationship at anytime for any reason

The unspoken assumption is that this relationship has usually favored the employer who is typically the stronger party in the relationship. Employees are usually dependent upon their employer to purchase food and maintain a place to live in while employees are often replaced quickly, especially for lower paying jobs. The ability to terminate an employee for any legal reason often puts the employer at large advantage in negotiations regarding working conditions, salary, time off, and other negotiations. Many employees have to resort to certain kinds of protection, such as joining a union, to maintain negotiation parity with their employer.

However, the dynamic between employer and employee has flipped on its head following the Covid-19 pandemic. Due to mass retirements, deaths, long-covid disability, and other factors, it is now a labor-favored marketplace. Many employers are faced with the uncomfortable and unfamiliar prospect of being understaffed or raising wages/working conditions. However, some employers would rather attempt to punish current employees for attempting to leave rather than reward employees for coming onboard or staying. Some employers are going so far as to sue other businesses for hiring their former employees. Charging employees for the privilege of leaving is in line with the attempt to punish employees for leaving, even if it contradicts the concept of at-will employment.

Employment Contracts Are Still Subject to Rules Regarding Contracts

What about when the “training fees” are included in the employment contracts? While at-will employment may be the default labor relationship in America, the at-will relationship can be modified by a contract between the employer and employee. Employment contracts are uncommon, but not unheard of. Parties may agree to anything in a contract provided that the terms are not prohibited by law. Some employment contracts prohibit employers from terminating an employee without cause or require an employer to pay a severance package to the employee upon leaving. If an employment contract can compel a business to pay an employee when the employee leaves, it would be possible for an employee to pay an employer in order to quit.

However, not all relationships are on equal footing. Employment contracts typically exist when the employee is highly desirable and/or often already independently wealthy. Sports players who are paid millions and high-powered CEOs of large international corporations frequently have employment contracts. However, these kinds of employees are unique in that their salaries are often millions of dollars already and many of them have significant negotiating power on their own.

In contrast, the people being subject to these “training fees” are barbers, truckers, nurses, and healthcare professionals who may be paid a reasonable but hardly extravagant salary. Many of them may have just come out of school and are paying rent for a modest apartment. They typically work in fields that lack employment contracts. It would probably be news to them that a contract exists, never mind that they have a contract that requires them to pay their employers. These blue-collar workers don’t have independent negotiating power and are undoubtedly the weaker party in any negotiations. Under these circumstances, such employment contracts may be unconscionable and unenforceable.

To be certain, there are instances where the training is valid and even expensive. However, the social expectations and balance of power involved means that the risks of training should be more borne by the employer, not the employee. People work in order to earn money. An employer charging an employee completely shifts that goal on its head. An employer is also typically in a better position to absorb costs than the average employee. Hiring any help is always risky, but so is opening or maintaining a business. It is not the employee’s responsibility to cushion a potential downtown for a company.

Do I Need an Employment Lawyer?

If you believe that your employer has violated your legal rights as a worker, you should hire a local employment lawyer for further assistance. A skilled employment law attorney can protect your rights under the law. Your attorney can also assist you in filing a lawsuit against an employer and/or colleague and in recovering damages for any losses that you suffered. If you are an employer who is being used by a worker, you should hire an employment law attorney immediately to represent you in court.

The post Employers Should Not Be Able to Charge Employees for Job Training If the Employee Quits appeared first on Law Blog.

Guns Often Work As Designed

A large obstacle in product liability cases against gun manufacturers and gun stores is that the gun often works as intended and designed – it fired a bullet at a specific target. Guns are unique as a product whereby a gun working properly often means the death, or at least severe maiming, of a living being. Thus, gun manufacturers are often not liable for a design or manufacturing flaw as their produce worked as intended. The old saying “guns don’t kill people, people kill people” is most applicable for gun manufacturer suits.

Some consumer groups have recently filed lawsuits which claim that a gun is defective if the gun manufacturer did not add a reasonable safety feature to keep it from being used by certain individuals, such as criminals and children. Many of these lawsuits have failed because the court has held that the consumer should be aware of how dangerous a gun is when they purchase it.

Gun Manufacturer Immunity Laws

Gun manufacturers enjoy broad immunity from laws passed at both the state and federal law. In 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA). This law prevents the victims of mass shooting incidents, as well as other victims of gun violence, from suing the companies who make and sell firearms, with notable exceptions.

The PLCAA permits an individual to sue a gun manufacturer or retailer if they sold an individual a firearm they knew would be used to commit a crime, the manufacturer knowingly violated federal or state law and this violation caused the victim’s injury, there was a design defect that caused the victim’s injury, there was a breach of contract in the purchase of the firearm, or the Attorney General files a lawsuit against the manufacturer.

Several states have their own gun immunity laws, which total up to 34 states. Indeed, forty-four states in the country have an equivalent to the second amendment in their state constitutions. However, the level of gun immunity laws will vary by state. Some states have repealed their gun immunity laws, such as California and Delaware. On the other hand, some states may have even greater protection than the PLCAA for firearm makers or holders.

Do I Need an Attorney to Sue a Gun Manufacturer?

If you have suffered an injury because of a firearm, it is essential to have the assistance of a personal injury lawyer. You may be able to recover damages from the manufacturer of the gun. Lawsuits against gun manufactures can be particularly challenging due to the legal protections around them. Your attorney can review your case, advise you of your rights, and assist you in filing a lawsuit to recover for your injuries.

The post Do I Have a Good Case Against a Gun Manufacturer? appeared first on Law Blog.

Evidence Is Difficult to Obtain

Lawsuits against the police can be difficult to prosecute due to a drought of evidence. Many lawsuits involve situations where the only witnesses present are the plaintiff and an officer, such as traffic stops. In those “he said/she said” situations, many judges and juries are inclined to believe the officer over the plaintiff. Body and dash cameras have gone a long way towards fixing the evidence problems, but are hardly foolproof. Not all jurisdictions require that officers use cameras. Some officers will purposefully turn off their body cameras and in some instances police departments may refuse to release their body cam footage. In these instances, a skilled attorney will be required to compel the police department to produce the necessary video footage for use at trial.

Qualified Immunity Restricts Lawsuits against Government Officials

Police officers are protected by the judicial doctrine of qualified immunity. Qualified immunity protects officers from personal liability for making “reasonable but mistaken judgments about open legal questions.” This is a difficult defense to overcome in some cases as it gives individual officers significant leeway to make decisions that may lead to severe injury or death. Under this doctrine, the only lawsuits permitted against police officers are when an individual’s “clearly established” statutory or constitutional rights have been violated. Qualified immunity is a doctrine that will require significant legal research to overcome in order to successfully hold a police officer accountable.

Police Have No Duty to Protect Particular Individuals

Police officers do not have a legal duty to protect particular individuals. This rule exists due to limited time or resources and potential mistaken but reasonable judgment. For instance, if a police officer receives two different calls for assistance in opposite sides of town, the officer must choose which call to respond to. If the officer responds to the first call but not the second call, the person who made the second call cannot sue for the officer for his failure to come to her aid. This rule means that it is difficult for an individual citizen to sue the police for failing to protect him or her in particular.

Do I Need an Attorney If I Want to Sue the Police?

You should contact a personal injury attorney if you think you have a claim against a police officer or police department. It is critical that you gather and preserve as much evidence as possible, including any witness testimony or video evidence. A skilled attorney can assist you throughout the entire process, from gathering evidence and interviewing witnesses, to negotiating with the state’s attorney, and representing you in court.

The post Obstacles Involved In Suing the Police appeared first on Law Blog.

Opinions Are Not Legally Defamatory

A defendant is only liable for defamation if they speak or write a false statement that causes a loss of reputation to the plaintiff. However, this is only true for false statements regarding a fact about the plaintiff. A person’s opinion legally cannot constitute defamation. A defendant’s opinion about a plaintiff’s job performance, work or dating preferences, and/or political views typically fall into the realm of protected opinions even if those opinions can be very offensive to some people. Many people have a difficult time distinguishing between opinion and factual statements, but the distinction is critical in assessing a case about defamation.

Defamation Claims Are Often Dismissed Based on Constitutional Protections  

Most speech and writings are protected under the First Amendment from defamation claims. Courts cannot take any action that may violate the Constitution, even if it involves a dispute between two or more private parties. As such, courts are obligated to dismiss defamation claims if they violate the First Amendment. This may include any writings that involve criticism of a government official or entity, any claims about asking a government official or entity for assistance, and any lawsuits filed against another person. Any defamation case will require extensive legal research and argument regarding how the First Amendment applies.

Public Figures Must Demonstrate Actual Malice to Show Defamation

Public figures such as social media influencers, celebrities, and politicians will be exposed to unflattering statements from social media. However, those public figures cannot succeed in a defamation lawsuit unless they can show that the false statements made by a defendant were made with actual malice.

A public figure can demonstrate actual malice by proving that the defendant either knew his statement was false or had serious doubt that his statement was truthful. This is a steeper legal standard from ordinary defamation suits against non-public figures. A public figure must show that a defendant may have actually known that what they were printing or publishing was false. As a result, most lawsuits by public figures will fail without clear and convincing evidence about the defendant’s intent.

Defamation Cases Are Detail Intensive

The truth is a defense to any defamation claim. In order for a plaintiff to prevail on defamation though, they must prove that the speech or written statement was false. This may require a jury and/or a judge to listen to witnesses retell exactly what was said by whom and to whom. All parties will require substantial time and money to find all witnesses involve, interview them, prepare them for trial, and to ask excruciating detailed questions about what the witnesses said or heard. All this work means that litigating a case about defamation may potentially be very long and expensive.

Do I Need an Attorney for My Defamation Case?

If you are dealing with any kind of defamation case, you should consult with a skilled and knowledgeable personal injury lawyer. A personal injury attorney can inform you of your rights, and determine whether any defenses are available to you based on the specifics of your case. Additionally, the attorney can help you compile evidence supporting your claim and represent you in court.

The post Do I Have a Viable Claim for Defamation? appeared first on Law Blog.

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Speech Is Subject to Constitutional Protection

Slander, like most defamation claims, is difficult to win due to the constitutional protections attached to free speech. While a private citizen is not limited by the First Amendment, the judicial system is. As such, courts cannot take any action that may violate the Constitution, even if the dispute involves two private parties.

As such, courts are obligated to dismiss any slander claims that run afoul of the First Amendment. This may include any cases that involve criticism of a government official or entity, any claims about asking a government official or entity for assistance, and any claims involving privileged speech such as attorney-client speech or doctor-patient speech. Any slander case will require extensive legal research and argument regarding how a state or federal Constitution applies or doesn’t apply.

Opinions are Not Legally Slander

A defendant is only liable for slander if they speak a false statement that causes a loss of reputation or standing as to the plaintiff. However, this only holds true as to factual statements. A person’s opinion legally cannot constitute slander. A defendant’s opinion about a plaintiff’s job performance, work or dating preferences, and/or political views typically fall into the category of protected opinions even if those opinions can be very offensive to some people. Many people have a difficult time distinguishing between opinion and factual statements, but the distinction is critical in assessing a case about slander or any other type of defamation claim.

Slander Cases Are Detail Intensive

The truth is a defense to any defamation claim, which includes any claim involving slander. In order for a plaintiff to prevail on slander, they must prove that the speech was unequivocally false. This will require a jury and/or a judge to listen to witnesses retell exactly what was said by whom and to whom. All parties will require substantial time and money to find all witnesses involve, interview them, prepare them for trial, and to ask excruciating detailed questions about what the witnesses said or heard.

This is especially difficult because slander, by definition, does not leave a written record as to what was said. As such, the court will be relying solely on witness testimony, which may be incorrect or contradictory. All this work means that litigating a case about slander potentially very long and expensive.

Do I Need an Attorney for My Slander Case?

If you are dealing with slander or any other kind of defamation case, you should consult with a skilled and knowledgeable personal injury lawyer. A personal injury attorney can inform you of your rights, and determine whether any defenses are available to you based on the specifics of your case. Additionally, the attorney can help you compile evidence supporting your claim and represent you in court.

The post Do I Have a Viable Claim for Slander? appeared first on Law Blog.

Opinions are Not Legally Libel

A defendant is only liable for libel if they speak a false statement that causes a loss of reputation or standing to the plaintiff. However, this only holds true as to factual statements. A person’s opinion legally cannot constitute libel. A defendant’s opinion about a plaintiff’s job performance, work or dating preferences, and/or political views typically fall into the category of protected opinions even if those opinions can be very offensive to some people. Many people have a difficult time distinguishing between opinion and factual statements, but the distinction is critical in assessing a case about libel or slander.

Libel and Slander Claims Are Often Dismissed Through the First Amendment

Most speech and writings are protected under the First Amendment from libel and other defamation claims. While a private citizen is not limited by the First Amendment, the legal system is. Courts cannot take any action that may violate the Constitution, even if it involves a dispute between two or more private parties.

As such, courts are obligated to dismiss libel claims that run afoul of the First Amendment. This may include any writings that involve criticism of a government official or entity, any claims about asking a government official or entity for assistance, and any lawsuits filed against another person. Any libel case will require extensive legal research and argument regarding how a state or federal Constitution applies or doesn’t apply.

Public Figures Must Show Actual Malice to Prevail on Libel

The era of social media means that anyone can publish anything they want to a global audience without any gatekeeper. Many public figures, including celebrities, politicians, and social influencers will be exposed to unflattering statements from all corners. However, those public figures cannot succeed in a libel lawsuit against their critics unless they can show that the false statements made by their detractors were made with actual malice.

A public figure can show actual malice by proving that the defendant either knew his statement was false or had serious doubt his statement was truthful. This is a much harder legal standard from ordinary libel suits as libel suits by non-public figures only require that the plaintiff show that the defendant could have reasonably known that their statements were false. A public figure must show that a defendant may have actually known that what they were printing or publishing was false. Since proving someone’s intent is often extremely difficult without concrete evidence, most lawsuits by public figures fail.

Do I Need an Attorney for My Libel Case?

If you are dealing with libel or any other kind of defamation cDse, you should consult with a skilled and knowledgeable personal injury lawyer. A personal injury attorney can inform you of your rights, and determine whether any defenses are available to you based on the specifics of your case. Additionally, the attorney can help you compile evidence supporting your claim and represent you in court.

The post Do I Have a Viable Claim for Libel? appeared first on Law Blog.

Many defendants will be tempted to sue the plaintiff in response to a lawsuit. While a counter lawsuit may be a viable tactic in some cases, many cross-claims may also be quite frivolous. Below are some tips to keep in mind when meeting with an attorney to determine whether you can sue a plaintiff who has filed a lawsuit against you:

You Cannot Sue Someone for Suing You

A defendant cannot sue someone for suing them. Many states bar such claims through a doctrine know as a “litigation privilege.” This means that a person cannot file a lawsuit against another person for making a statement or behaving in a certain manner as part of a court proceeding. Therefore, you cannot sue someone for making a statement against you in a lawsuit.

However, the litigation privilege only applies if the statements or conduct were made as part of a court proceeding. While it is not possible for a defendant to sue another party for suing them, it would be possible for a defendant to sue that person if the defendant had an independent claim. For example, a defendant in a breach of contract case cannot sue a plaintiff for filing the lawsuit in the first place. However, the defendant can sue the same plaintiff if the defendant believes that the plaintiff breached the contract as well.

Laws for Counterclaims Vary By State

The procedure to file a counterclaim may vary by state to state. Some jurisdictions require a counterclaim be filed as part of a response to a lawsuit while others require the counterclaim be an entirely new lawsuit. Many states require that the counter lawsuit be filed with the court’s permission.

Some States Require that the Counterclaims Be Filed in the Same Lawsuit

It will depend on the claims in the lawsuit. A compulsory counterclaim is one in which the lawsuits are so closely related to one another that the counterclaim must be made in the same lawsuit to avoid conflicting results. Failure to raise the claim will bar the defendant from asserting it in a later separate lawsuit. A permissive counterclaim is one involving the same parties but involve separate issues. As such, they can be heard subsequently without any issue.

Should I Hire a Lawyer for a Civil Law Issue?

A party may sue or be sued under almost any non-criminal theory of law. If you believe you have been wronged financially or otherwise, you should consult with a skilled and knowledgeable civil attorney in order to help you determine whether you have a solid case. If another person or business sues you, it is best to immediately consult with an attorney in order to determine the best course of action. Delaying your response to the lawsuit could have severe consequences for your defense.

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