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Monthly Archives: March 2015

Details Count When Establishing Cause in an Alabama Personal Injury Case

Mar 27, 2015 - Personal Injury by

At first glance, the causes of most accidental injuries seem obvious to many people, but this is certainly not always the case. A tragic story in the Las Vegas Review-Journal about a 13-year old Nevada girl who committed suicide after being bullied illustrates how state laws can complicate a case. By Nevada state law, the school was responsible for notifying parents about a known bullying incident, but failed to do so. Thus, the uninformed parents were unable to prevent the suicide. They chose to sue the school for the wrongful death of their daughter. In Nevada, this legal case has a good chance of success. But if the same set of circumstances occurred in Tuscaloosa or elsewhere in Alabama, local personal injury lawyers would potentially face certain legal challenges. Two Concepts Apply When Determining the Cause of an Accident Before determining whether someone’s negligence caused an accidental injury, injury lawyers need to establish a connection between the person’s actions and the accident. This requires proving two things under the law: Cause in fact: This is essentially a direct connection between negligent actions and the accident, noting that the accident would not have occurred, except for the negligence. A clear example of cause in fact in the bullying case fact might be if the school knew about a problem between two children and locked them in a room together to resolve their differences with no adult supervision to protect against physical altercations. Proximate cause: This concept is more complex because it […]

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In Alabama, Serving Drunk People May Not Establish Liability for Car Accident Injuries

Mar 13, 2015 - Car Accidents by

More than half of the states in the U.S. have instituted statutes that can assign liability to parties who serve alcohol to intoxicated individuals who then cause car accidents. These are commonly known as dram shop laws. Alabama currently has no such laws, according to the National Conference of State Legislators. Even without dram shop laws in Alabama, however, individuals who provide alcohol illegally can still be held liable for related injuries under state civil law. Anyone who suffers injuries due to incidents like these should seek advice from an experienced Tuscaloosa injury lawyer to take advantage of all legal rights available to them. In Alabama, Drinkers are Considered Negligent When They are Over-served Alabama law holds drinkers of legal age squarely responsible for their own actions, as long as the individuals who supply the alcohol do so legally. With no dram shop laws in place, bartenders do not have to assess the sobriety of their adult patrons. The law does not require them to refuse to serve intoxicated customers or prevent them from getting behind the wheel of a car. This is not to say that Alabama has no laws pertaining to alcoholic beverage sales and consumption. In 1990, the Alabama Alcoholic Beverage Control Board implemented a Responsible Vendor Program (RVP). Although the program is largely voluntary, it helps ensure that drinking establishments stay within legal boundaries for serving alcohol. Of course, these laws actually extend beyond drinking establishments to anyone who serve intoxicating beverages. The RVP provides a […]

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"After my husband was injured in a burn accident at work, we felt the accident could have been avoided. I was not sure where to start, but after careful research, we met with Justin Smith and shared our experience. From day one, we felt we were in good hands. Justin and Dell explained everything and kept us informed from start to finish. It was a complicated case that took an outside the box approach. Both Justin and Dell made us feel like part of the team."
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