Question: How is negligence determined in personal injury cases?
Question: How is negligence determined in personal injury cases?
Does negligence have to be established in order to collect damages in any personal injury case?
When Good Kids Go Bad - Iowa School District Settles Girls' Strip Search Case
For a measely $300,000 you can find out why you don’t strip search students over the alleged theft of $100. In this instance it all started over the alleged theft of $100; money that was not found. See School District Pays $300k Over Strip Searches, Atlantic, Iowa. These school administrators should stop watching Boston Legal’s Denny Crane and start watching ABC’s Modern Family.
Follow this link to the Modern Family website.
See also this link.
While some school districts are hot on the trail of the wrong suspect others are ignoring, allegedly due to federal regulations, drunk bus drivers.
See Another school bus drunk driver case on Tuesday's post. It's what you call "bus"sted.
Beat Cops and Tweet Cops Patrol Twitter and Facebook
When the virtual world is not so virtuous
A student posted this comment on a social media site: “Who wants to shoot up the DMACC Ankeny campus the same time I shoot up the Urban campus?”
Twitter post results in DMACC student’s arrest, Tom Alex, Des Moines Register
You can almost guess what happened next. He was charged with first-degree harassment.
But this isn’t an isolated incident of social media being used as the basis for the filing of criminal charges. In this country, land of the free and home of the brave, words alone posted in a virtual world have become evidence of criminal activity in the real world. With the wide dissemination of information on social media sites, free speech isn’t so free any more. Freedom of expression doesn’t equate to freedom to say anything. Anything you say can and will be used against you in a court of law.
A lawyer I recently broached this subject with, described how in a criminal case the defendants already charged with one crime, used Facebook to organize intimidation of witnesses against them. To their chagrin the prosecutor knew how to use Facebook. What is it with people thinking that you can say anything online and somehow you have immunity from reason? Why do people believe they can say anything in the virtual world without being held responsible? Is it because somehow there is a disconnect between what is typed and posted but not spoken by the out loud?
Honesty and fairness have nothing to do with insurance defense - HONEST!
Before talking to the insurance adjuster or defense attorney or the case mismanager remember this from I Claudius, don't touch the figs.
The premise held by most clients is that this system of law is fair. They'll say they want only to be treated fairly. When representing themselves they make the assumption that when defense lawyers talk to you they will be fair. Well I'm here to tell you, you had better not trust in being treated fairly. I mean exactly that and it has nothing to do with whether or not the defense lawyer or the insurance company is dishonest. They don’t have to be “honest” and they aren’t trying to be “fair”. Fact is they are hoping you aren’t smart enough to ask the right questions so they don’t have to not answer you. You think I’m kidding? Hell no. I’m not and I can prove I’m right. Here let me prove it to you.
Defense work has nothing to do with treating people fairly. If it did you could come up with the name of at least one defense lawyer who has said in the past, "I don't think you're asking for enough, can I pay you more?" Or, "Did you know you're entitled under the law to be paid more for your damages?” Go ahead find me one insurance company representative that has said that in the entire history of insurance. Go ahead, think real hard; I can wait, go ahead and think harder.
Umnnn dee dum, dee-dum... Have you remembered one? No? I didn't think so. I've not heard anything like that in 30 years.
Cheerleading Injury Leads to Brain Surgery
While I believe safety is a front burner issue for cheerleaders I do not agree that schools are taking responsibility for the injuries an catastrophic losses children and parents can suffer from cheering stunts. Cheerleaders are second class citizens when it comes to how they are treated from an insurance standpoint. My advice to parents of cheerleaders is to carry a $10 million disability and medical policy to insure against catastrophic losses. Here is a story that proves why you should do so.
This next story is about a cheerleader who suffered a head injury, then continued to suffer seizures and later underwent surgery to remove a part of her brain in hopes it would stop the seizures. Ultimately it is our responsibility to protect those we love.
Cheerleader Has Part of Brain Removed to Stop Seizures - AOL Health
Cheerleader Has Part of Brain Removed to Stop Seizures
By Catherine Donaldson-Evans Feb 25th 2011 11:45AM
Iowa Personal Injury News for March 9, 2011
Cheerleading Can Be Brain Damaging
I do cover cheerleader safety, because of the incidence of serious injuries and how the sports world encourages cheerleading, but then treats them like second class citizens when it comes to insurance coverage. This next story is about a cheerleader who suffered a head injury, then continued to suffer seizures and later underwent surgery to remove a part of her brain in hopes it would stop the seizures.
Cheerleader Has Part of Brain Removed to Stop Seizures - AOL Health
Cheerleader Has Part of Brain Removed to Stop Seizures
By Catherine Donaldson-Evans Feb 25th 2011 11:45AM
Writer's Note: I'm in depositions today, so this is a short post, but nevertheless and important one about cheerleader safety.
Is Sainze and Company Indicative of a Power Struggle?
What do the media want us to say: That we feel bad for Sainz. Sorry, no can do.
Plain and simple this is a stupid attempt by female reporters to make a power grab for attention. Ask yourselves why Diane Sawyer doesn’t get “objectified”. It certainly isn't because Diane Sawyer isn't attractive, she certainly is an attractive woman. Why is Diane Sawyer treated with respect? What’s the difference between the two female reporters? Frankly if you need me to explain it then you’re not very objective and have no business being a reporter.
Who in Iowa goes to a parade to be stampeded by horses?
The Fourth of July parade in Iowa’s Bellevue was upended when runaway horses trampled 24 people, killing one and injuring the other 23. It is said to have to do with the bridle of one horse rubbing another. The driver lost control and the rest is history.
Related media coverage:
- Caught on Tape: Horses' Rampage at Parade Kills 1, Injures Others - Chicago Tribune
- July 4th Horse Stampede Saddens Iowa - Injury Board Blog Network: St. Cloud, MN
They will loudly proclaim that no one should sue! No way, no how; after all that would be un-American! Wouldn't it?
Well that’s exactly what I’m going to suggest. After all who considers going to a parade to get killed or maimed by a stampede of horses? Hell, no one does. To those who say horses do unexpected things I say, so what, who cares and what difference does it make that a horse acts without reason? The object that acted without control was entered into a parade and within a few feet of people sitting in lawn chairs. And, it was predictable.
Think this is the first time horses have stampeded the crowd at a parade?
