BOATING SAFETY, BOATING ACCIDENTS Boating is the leisurely activity of traveling by boat or the recreational use of a boat whether powerboats, sailboats, or man-powered vessels (such as rowing and paddle boats), focused on the travel itself, as well as sports activities, such as fishing or water skiing. It is a popular activity, and there are millions of boaters worldwide. Boating … [Read more...]
RES IPSA LOQUITUR
RES IPSA LOQUITUR Res ipsa loquitur: [Latin - “the thing speaks for itself”]. 1. Torts. The doctrine providing that, in some circumstances, the mere fact of an accident’s occurrence raises an inference of negligence so as to establish a prima facie case. (Often shortened to res ipsa.) Black’s Law Dictionary, 7th Edition It is a fact that accidents happen. In a personal injury lawsuit, in … [Read more...]
D.U.I. OFFENSE
D.U.I. OFFENSE D.U.I Offense in Tennessee, it is illegal for a person to drive or be in control of an automobile or any motor-driven vehicle (which includes golf carts, tractors and motorized scooters) on any public road, highway, street, alley, parking lot, or any other premises frequented by the public while under the influence of any intoxicant (including both illegal drugs and … [Read more...]
JONES ACT A/K/A MARITIME LAW
JONES ACT A/K/A MARITIME LAW The Merchant Marine Act (commonly known as the Jones Act A/K/A Maritime Law was enacted in 1920 (46 U.S.C.A. § 688) to provide a remedy to sailors (the right to sue their employers) for injuries or death resulting from the negligence of an owner, a master or a fellow sailor of a vessel. No matter how or why a sailor (seaman) was injured, certain medical and living … [Read more...]
PERMANENT DISABILITY
PERMANENT DISABILITY-PERSONAL INJURY Ballentine's Law Dictionary defines a permanent disability is one that "will remain with a person throughout" his or her lifetime, or he or she will not recover, or "that in all possibility, will continue indefinitely." Unfortunately, permanent disabilities from accidents happen far too often. Determining the extent of the injury is very important in … [Read more...]
WHEN IN AN AUTO ACCIDENT
WHEN IN AN AUTO ACCIDENT When in an auto accident-DO NOT: • Leave the scene of the accident. • Try to move any injured person. • Lose your temper. • Take the blame for the accident. Simply be truthful and explain to the officer your version of how the accident occurred, keeping in mind that any statement made by you is an admission by you and admissible in court and will likely be written … [Read more...]
“BLOODY 98” MOBILE COUNTY, ALABAMA
“BLOODY 98” MOBILE COUNTY, ALABAMA CLAIMS ANOTHER LIFE The section of Highway 98 near Semmes, Alabama (commonly known as “Bloody 98” among local residents), has claimed another life. A three vehicle crash involving a minivan and two 18-wheelers claimed the life of 32 year old Steven Joseph Rich of Lucedale, Mississippi … [Read more...]
INJURY CASE -LOSS OF CONSORTIUM
PERSONAL INJURY – LOSS OF CONSORTIUM Loss of Consortium – Consists of several elements, encompassing not only material services, but such intangibles as society, guidance, companionship and sexual relations. Black’s Law Dictionary, Sixth Edition. Damages in a personal injury case are usually clear cut. It is easy to see on paper how much a person has spent on medical bills or the amount of … [Read more...]
POLICE CHASE IN PRICHARD, ALABAMA RESULTS IN DEATH OF MONIQUE ERICA BANKS
POLICE CHASE IN PRICHARD, ALABAMA RESULTS IN DEATH OF 20 YEAR OLD MOTHER Anteesha Monique Erica Banks, 20, was killed instantly Sunday night on October 25, 2015 around 9:30 p.m. when Charles Edward Dennis ran into her car on Prichard Avenue near the intersection of Edison Street driving at a high rate of speed. Ms. Banks had her 6 month old baby with her. Fortunately the baby was protected by a … [Read more...]
EMOTIONAL DISTRESS
EMOTIONAL DISTRESS Emotional Distress – A claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Negligent Infliction of Emotional Distress: The responsible party exhibited negligent behavior that caused the distress (i.e., rear end collision). You must be able to prove a connection between the wrongdoer’s conduct and the emotional distress. The … [Read more...]