Posts tagged negligence

• Teen threatens to sue for falling in sewer while texting

  Danny Feldman | July 13, 2009 9:13 AM | 2 CommentsBirmingham, AL Category: Property Owner's Liability (Slip & Fall)
  

  This is the kind of headline that tends to aggravate reasonable people. Apparently, a New York teen fell into a sewer while she was texting. See story at:...

• If I slip or trip and fall and get hurt, what am I entitled to?

  Danny Feldman | July 02, 2009 12:11 PM | 0 CommentsBirmingham, AL Category: Property Owner's Liability (Slip & Fall)
  

  The short answer is that you are entitled to be put back into the position that you would have been in had the incident not occurred. Unfortunately, no matter how good your lawyer is or how sorry...

• Under what circumstances may someone recover money damages for emotional distress?

  Michael Roberts | June 24, 2009 3:09 PM | 1 CommentGadsden, AL Category: Miscellaneous
  

  The law varies depending on the jurisdiction, but many states permit such recovery. In Alabama, for example, damages for mental distress that accompanies a physical injury may be awarded by a...

• If I slip or trip and fall can I sue?

  Danny Feldman | June 23, 2009 8:31 AM | 2 CommentsBirmingham, AL Category: Property Owner's Liability (Slip & Fall)
  

  Every time someone falls down, people make jokes that the injured person will end up owning the place. What does the law say about a premise owner's potential liability if someone falls on your...

• Fairness in Nursing Home Arbitration Act Does Not Become Law

  Billy Cunningham | May 30, 2009 9:05 AM | 1 CommentMobile, AL Category: Nursing Home & Elder Abuse
  

  In January I wrote a blog on S. Bill 2838, Fairness in Nursing Home Arbitration Act. This bill never became law. The last action taken by the Senate on the bill was in September when it was reported...

• Buzzing a Cyclist is Dangerous

  Danny Feldman | April 09, 2009 4:28 PM | 0 CommentsBirmingham, AL Category: Automobile Accidents
  

  This is a continuing blog regarding dangerous/annoying behaviors by motorists. Anyone who has done much bicycling has been buzzed. In a nutshell, buzzing is a motorist driving too close to a...

• Overcoming the Contributory Negligence Defence in a Bicycle Accident case

  Danny Feldman | January 26, 2009 4:47 PM | 0 CommentsBirmingham, AL Category: Miscellaneous
  

  This article follows up on the recent post regarding the use of rear reflectors in Alabama and the risks of not using same. Given that Alabama is a “pure contributory negligence” state...

• Bicycle Accidents and Contributory Negligence

  Danny Feldman | January 14, 2009 1:12 PM | 1 CommentBirmingham, AL Category: Automobile Accidents
  

  Alabama is one of only two states in the union that continues to allow defendants to escape any liability pursuant to the doctrine of contributory negligence. In essence what this doctrine...

• Alabama the Beautiful - Eh, Maybe Not

  Jon Lewis | June 17, 2008 7:34 PM | 0 CommentsBirmingham, AL Category: Wrongful Death
  

  When you cross the Alabama State Line, there is a sign which says, "Welcome to Alabama the Beautiful." It is beautiful. We have mountains, trees, lakes, and even a coastline. We have the world...