The Poffenbarger Decision
The Supreme Court’s recent decision in Poffenbarger v. Merit Energy Co., 972 So. 2d 972 (Ala. 2007) regarding the measure of direct, compensatory damages for injury to real property presents defense attorneys the opporutnity to stretch a rather narrow holding beyond its intended lengths.
Plaintiff's Perspective on Alabama Product Liability Lawsuits
Manufacturers do not always design products that work as they should or that withstand the tests of foreseeable use. The consumers who are injured by these defectively designed products are entitled to file lawsuits to recover damagers for their injuries. The law does not require manufacturers to design products that are accident proof; however, it does require manufacturers to produce products that, when used in an intended and foreseeable manner, will not kill or seriously injure its user. The Alabama Extended Manufacturer’s Liability Doctrine (AEMLD), along with negligence and wantonness claims, are available to the consumer as a remedy against the product manufacturer when the consumer is injured by a defective product.
Traveling in Murky Water
You need to interview a former employee of a defendant. What will he say? Is he a disgruntled employee? Can you talk to him? The ABA Standing Committee on Ethics and Professional Repsonsibility issued Formal Opinion 91-359 on March 22, 1991 regarding contact with a former employee of an adverse corporate party. This paper looks at this rule and other guidelines for successfully navigating this situation.
Shoulder Restraints
When it works properly, the seat belt is indisputably the most important safety device in an automobile. When it fails, the seat belt can allow or even cause serious injury and death.
How to Spot a Product Liability Case
Products liability is one of the most dynamic fields of law in the United States. The cost and complexity in this field is evolving so rapidly that without thorough preparation the attorney will find the path to success strewn with many unforeseen and technical pitfalls.
Emerging Restraint Issues
When they work properly, resstraint systems in automobiles and trucks indisputably prevent or lessen injury in crashes. When they fail, setbelts and airbags can allow or even cause serious injury and death.
HIPAA Spells the End to Secret Ex Parte Communications
Defense attorneys often utilize the long-established practice of ex parte communications with plaintiff’s treating physicians. It was an effective tool in preparation of the defense case until HIPAA. The Health Insurance Portability and Accountability Act (HIPAA) became law on August 21, 1996, and authorized the first comprehensive federal standards for protecting the privacy of personal health information (“Privacy Rules”).
Multiplying coverage in collision cases
When an automobile collision causes multiple losses, determining the extent of liability coverage for each party can be problematic. Most liability policies limit coverage to a specified amount, depending on the number of “occurrences” in a particular case. It is often difficult to determine whether there has been one or multiple occurrences.
Double Coverage: Obtaining multiple "occurrences" in a motor vehicle collision case
When multiple losses attributable to the same covered cause occur, a problem exists in determining the scope of a liability policy’s coverage. In such a situation, it is sometimes difficult to determine whether there has been one occurrence or multiple occurrences. The difference can mean a full recovery for your client or a split of policy limits between multiple parties.
Legal but lethal: the 15-passenger van
One of the most dangerous vehicles on the road in terms of rollover is a vehicle marketed for use by ball teams, scout troops, churches and day care centers. It is the 15-passenger van. The article looks at the history of this product, safety hazards that have been identified, and will examine alternative designs that could and should be considered by the manufacturers.
