Recent Blog Posts
Nursing Home Liability
Advanced age, underlying conditions and living in communal condtionss makes a person living in a nursing home vulnerable. In some situations, a nursing home may be held liable for an injury or death of a resident. When a nursing home takes on a resident, they accept responsibility for the care of the patient. The nursing home has a duty to provide reasonable care to its residents and provide them with an environment that is safe. If a nursing home does not provide…
Livestock Collisions on the Highway
A car collision with livestock can result in serious injury and even death. A Wisconsin livestock owner has a common law duty of due care to make sure their livestock does not intrude on the road and the animals are properly fenced. Wisconsin is not a free-range state. Further a livestock owner can be held strictly liable for damages caused by a stallion that is over one year of age, a bull over six months of age, or a boar, a ram, or billy goat over four months of…
Focusing on Mental Health in Personal Injury Cases
Overtime, personal injury cases have increasingly recognized the importance of mental health as a component of damages. As compared to the past, where mental health claims were often overlooked or ignored. Mental health conditions that can be caused or exacerbated by a personal injury include anxiety, depression, post-traumatic stress disorders and adjustment disorders. While a person may look fine on the outside, the psychological impact of a personal injury can be…
Common Collisions in Construction Zones
Construction zones present a set of unique hazards that often lead to specific types of collisions. A rear-end collision is frequently seen in a construction zone. Rear-end collisions typically occur due to the unexpected or slowing of moving traffic in a construction zone that catches a driver off guard. The changes in traffic flow in the construction zone can lead to rear-end collisions when the driver is distracted.
Side-swipe collisions are also common in…
Inaccurate Maps in Self-Driving Cars
Self-driving cars rely heavily on accurate high-definition maps for safety and precise navigation. However, inaccurate or outdated maps can lead to serious safety issues and injuries.
A map that is inaccurate can direct a vehicle onto an unsafe road, construction zone or hazard that is not reflected on the outdated map. When the map does not reflect the reality of the acutual road conditions, confusion can be created in the vehicle's decision processing systems. For…
What Rules Do Electric Scooters Follow in Wisconsin?
Electric scooters continue to gain popularity. In Wisconsin, a law was passed in 2019 that changed the legal classification of electric scooters to permit their use on the road, bicycle lanes and pathways. A rider should check the local rules of the community where they ride to see if use is allowed of electric scooters on the sidewalk.
An electric scooter is defined as a device that weighs less than 100 pounds and has an electric motor and handlebars. The maximum…
The Impact of Speed on Pedestrian Safety
Speed has a significant impact on pedestrian safety. When vehicle speeds are higher, the risk of severe injury and death for pedestrians increases.
Several factors influence the relationship between speed and pedestrian safety. Older pedestrians are at a higher risk. As people age, the speed and which they move and their reaction time slows. The increased speed of a vehicle does not allow as much time for an older person to react or get out of the way of a…
Determining Liability for Self-Driving Cars
Determining liability for self-driving cars involved in collisions is a complex issue that involves several potential parties. The law in this area is developing as more self-driving cars take the road. However, here are some issues to consider with respect to self-driving cars and entities with potential repsonsibility.
Even with the vehicle being controlled automatically, the human driver may still be held responsible if they fail to take control when prompted, neglect…
Dealing with a Lisfranc Injury
A Lisfranc injury involves damage to the midfoot area where the metatarsals connect to the tarsal bones. Such an injury can occur in a car collision resulting from the high-energy forces at impact. This type of injury can include fractures, dislocations, or ligament tears and is often misdiagnosed as a simple sprain due to subtle symptoms.
Common symptoms of a Lisfranc injury include bruising (especially on the bottom of the foot), swelling and pain on the top of the foot…
Why are Lawsuits Necessary?
Lawsuits are are necessary for several reasons. This first reason would be the resolution of disputes. Lawsuits provide a formal mechanism to resolve disputes that cannot be settled by negotiation or other means. When parties cannot reach a solution to a dispute, a lawsuit is the only method to bring the matter to a resolution.
A second reason lawsuits are necessary is the enforcment of legal rights. When a party believes their rights have been violated, a…