Frequently Asked Questions

+ “At fault” accidents

An "at-fault" accident means the defendant caused the accident to take place, either through an act of their own, or by failing to take an action. Whether or not they “meant to” do something, if they are the cause of the accident, they are still considered to be at-fault.

The plaintiff in these cases need to be able to prove that the defendant was at fault in order to receive damages for their injuries and show their injuries were a direct result from the defendants negligence.

+ Auto and Motor Vehicle Accidents

A car accident, also referred to as a “traffic collision,” or a “motor vehicle accident,” occurs when a motor vehicle strikes or collides another vehicle, a stationary object, a pedestrian, or an animal. While some car accidents result only in property damage, others result in severe injuries or death. There are many factors that can contribute to car accidents, and sometimes such accidents have legal consequences. Liability for a car accident is determined by many factors, including the specific circumstances that led to the accident, and whether one of the drivers violated any traffic laws.

Some states use the concept of comparative negligence. This is a system in which both parties to an accident are considered to have been at least partially at fault, and the court assigns each party a percentage of fault. The drivers would then be liable for a percentage of the total damages, equal to the percentage of fault assigned.

A driver who causes a car accident may face civil and criminal penalties, depending on the circumstances. Accidents caused by a driver’s negligence, such as failing to look before backing out of a parking stall, reaching for something that fell off the seat, or failing to reduce speed when the road is wet, commonly subject the driver to civil penalties, when the other driver files a civil lawsuit.

The victim of a car accident can file a civil lawsuit seeking damages for loss of property, injuries, loss of earnings, and more. If the victim died as a result of the accident, his family can file a civil lawsuit for wrongful death (see below). This allows a surviving family member sue the at-fault driver to receive compensation.

+ Civil Rights Cases

A lawsuit for a civil rights violation will be filed and handled in civil court (federal or state civil court). In a civil case, the person claiming a civil rights violation (the "plaintiff") files a "complaint" with the court. The complaint sets out certain facts and allegations, in an attempt to show that the opposing party (the "defendant(s)") is/are responsible for the civil rights violations alleged in the complaint, and for any harm suffered by the plaintiff as a result.

Ultimately, if the civil rights case goes to trial, the plaintiff must prove by a "preponderance of the evidence" (that it is more likely than not) that the defendant is legally responsible for the damages alleged by the plaintiff.

Unlawful Imprisonment (False Imprisonment) False imprisonment occurs when a person (who doesn't have legal authority or justification) intentionally restrains another person's ability to move freely. This can also be called unlawful imprisonment in the first degree and is detailed in the penal code for your state.

To claim false imprisonment, you must reasonably believe that you were confined; a court will determine whether the belief is reasonable by determining what a reasonable person would do or believe under similar circumstances. Additionally, the defendant must have the intent to commit the confinement without the privilege to do so.

Examples of false imprisonment may include:

• A person locking another person in a room without their permission
• A person grabbing onto another person without their consent, and holding them so that they cannot leave
• A security guard or store owner who detains someone for an unreasonable amount of time based on their appearance
• An employer who detains someone for questioning for an unreasonable amount of time for suspected theft
• Nursing home staff who medicates a patient without their consent under physical or emotional threat

The following examples don't constitute false imprisonment:

• A claim that you were falsely imprisoned simply because you were found innocent of a crime
• A person who grabs your arm but you know you can free yourself from his grip without fear of retaliation
• A storekeeper who detains you for a reasonable amount of time for questioning based on probable cause, such as if she saw you take a concealed item out of the store without paying for it
• A person who closes the front door and asks you not to leave, but you know you can leave through an open side door

These crimes can be a misdemeanor or a felony depending on the circumstances. Even the police may be charged with false imprisonment if they exceed their authority (such as detaining someone without justification).

+ Construction Site Negligence

Serious work-related injuries at construction sites occur with unfortunate frequency. Regulations, specifications, inspection requirements, and job safety programs all seek to prevent construction site accidents and promote safety awareness on the part of all parties involved in a construction project.

Despite these important efforts to deal with the challenge of construction site safety, accidents occur, due to both the nature of the work itself and the variety of hazards faced by construction workers. These hazards can include falls from scaffolds and other elevations, being struck by moving or falling machinery, electrocution, health hazards resulting from exposure to asbestos and chemicals, injuries caused by defective or unreasonably unsafe equipment, and lifting and repetitive motion injuries.

Safety regulations under the Occupational Safety and Health Act of 1970 (“OSHA”) have been adopted by most states in some form, and these regulations apply to work done at construction sites. The issue of who is responsible for ensuring compliance with OSHA regulations (i.e. general contractor or sub-contractor) often turns on who was in control of the job site or job activity when the injured employee was hurt. The legal effect of a violation of OSHA regulations will vary, depending on the state in which the construction injury took place. In certain jurisdictions, if it can be shown that an OSHA regulation was violated and an injury resulted, nothing more needs to be proven to establish that the liable party was negligent.

+ Dog and Animal Bites

Every year, thousands of Americans are bitten by animals -- most often dogs. In many cases, a person bitten by an animal may have a legal right to recover damages from the animal's owner or another responsible party.

In deciding who is responsible for an animal bite, the first thing to determine is: who is the owner of the animal? Some states impose what is known as "strict liability" upon animal owners whose animals bite or attack others. Under the theory of strict liability, an owner is legally responsible ("liable") for an animal bite, regardless of whether the owner did anything wrong with respect to protecting others from attack. Under this theory, even if the owner had no reason to know that his or her animal was dangerous, if the animal bit someone, the owner would still be liable. In other states, the owner of an animal can be held liable for the injuries it inflicts, provided that the owner knew (or had reason to know) that the animal had "dangerous propensities." In other words, if an animal owner knows that his or her animal is dangerous and could cause injury to a person, the animal owner can be held liable for the animal's harmful actions.

Determining whether an owner knew of an animal's "dangerous propensities" can be difficult. The first question that often arises in making this determination is whether the owner needs to know of the particular animal's potential for harm, or whether the owner only needs to know that type of animal is potentially harmful.

There are instances in which an owner of a vicious animal might not be held liable for an attack by the animal. For example, if the animal owner adequately warned other people that the animal was dangerous, and took measures to keep the animal away from people, a person who ignored the owner's warnings and was injured by the animal might not successfully sue the owner. In legal terms, the injured person's behavior in such a situation is known as "contributory negligence" or "assumption of the risk." An injured person is contributorily negligent when he or she fails to exercise the degree of care for his or her safety that a reasonable person would exercise under similar circumstances.

For example, if a person climbs over a fence and is bitten by a dog on the other side, a jury could decide not to hold the dog owner liable if they believed that a normal reasonable person would not have climbed over the wall in the first place. To use another example, if the owner puts up a "Beware of Dog" sign, and a person ignores this sign and gets bitten by the dog, the owner might not be responsible for that person's injury. If the animal owner is claiming either "assumption of risk" or "contributory negligence," however, the owner has the burden of convincing the jury of these arguments.

An animal owner can also argue that the injured person provoked the animal, and this may be a way for the owner to avoid liability.

+ FELA Accidents (Railroad sites)

Employees in many professions face the possibility of injury on the job. Unfortunately, railroad workers face a greater risk than most, due to the dangerous nature of railroad work. As a response to this heightened risk of injury, the federal government passed the Federal Employers Liability Act (FELA) in 1908 to provide railroad workers with certain rights and protections. Under the FELA, railroad companies are required to enforce safety regulations, to provide proper safety training and supervision, and to refrain from making unreasonable demands of workers. If an employer fails to adhere to the FELA's regulations and a worker is injured as a result, he or she can bring a FELA claim against the employer.

One of the easiest ways to prove that a railroad company/employer is liable for your injuries under FELA is to establish that some federal workplace safety regulation was violated in connection with your injuries. Occupational Safety and Health Administration (OSHA) safety standards and regulations apply to work done by railroad employees, so it is helpful to have a general idea of your rights under OSHA as a railroad employee.