Can You Bring an Emotional Distress Claim Related to COVID-19?
The novel coronavirus that causes COVID-19 is not only potentially deadly, but can be transmitted by individuals who are not showing any symptoms, so people might fear that they’ve contracted the illness even if they feel fine. While the virus has existed in the United States for months, obtaining a test is still difficult in Read More
EMPLOYERS VICARIOUS LIABILITY FOR EMPLOYEES USE OF BUSINESS VEHICLE
The phrase Respondeat Superior is a Latin term for Let The Master Answer. In essence, the concept (in modern terms referred to as the Law Of Agency) is that when one person takes action on behalf of another, both the actor and the person on whose behalf action is taken may be liable for the Read More
FUTURE ECONOMIC DAMAGES and PRESENT VALUE CALCULATIONS
In personal injury cases, addition to past economic losses, consideration must be given to the possibility that the Plaintiff will suffer future economic losses as well. Often, particularly in the case of younger Plaintiffs, these future economic losses may represent the majority of the Plaintiff’s total damages. Those future damages, whether they be medical, vocational, Read More
EMPLOYEE PERMISSIVE USE OF COMPANY VEHICLES
The Missouri Financial Responsibility Law requires that each vehicle operated in this state be covered under a liability insurance policy or bond meeting the minimum statutory limits. The named insured on the policy is, of course, provided liability coverage under the policy issued for that vehicle. In addition, the permissive use of the vehicle by Read More
PROVING UNINSURED MOTORIST STATUS
One of the most basic principles in the law is that the party who asserts a fact as proof of an element of a cause of action must prove that fact to the requisite standard of proof. So how does a party prove a negative — prove the absence of something? For example, §303.025, RSMo. Read More
Negligent Entrustment
Allowing other people to operate your personal property may result in you being liable for any injuries the borrower causes — under certain circumstances. Whether it be a truck, car, boat, or other personal property, the concept is called Negligent Entrustment and addresses the question of when property should be loaned to other people, and Read More
BUSINESS PREMISES LIABILITY
In the most general terms, Restatement (Second) of Torts §343 defines the duty of care owed by a business owner to its business invitees, and establishes that the possessor of land is liable to a business invitee if the possessor: knows or by the exercise of reasonable care would discover the condition, and should realize Read More
NEGLIGENCE PER SE ANALYSIS
At the most basic level, general negligence principles create liability when there is: A duty by the defendant to protect the plaintiff from injury; and Negligence by the defendant in failing to fulfill the duty; and Injury to the plaintiff caused by the negligent failure to fulfill the duty. However, when the conduct violates an Read More
Business Owner Liability For Private Parking Lot Designs
Business owners often maintain private parking lots for their business customers. Those customers are business invitees to whom the highest degree of care is owed. The highest degree of care includes an obligation to design the parking lot to provide a measure of protection to pedestrians against being struck by motor vehicles (among other issues). Read More
CAUSATION & INDIVISIBLE INJURY ISSUES
Missouri has a very broad view of “causation” applicable to injury cases. An injury must be causally connected to an event. Missouri recognizes that multiple factors can directly contribute to cause an event or incident, and also recognizes that multiple events can directly contribute to cause a single indivisible injury or condition. Sole Cause jury Read More
