Shifting the Burden of Proof

Posted Sat 21st Feb, 2015 | by | on Legal Insights, Personal Injury

When a Plaintiff files a personal injury lawsuit against a Defendant, the law states the Plaintiff has the burden of proving his case.  This means the Plaintiff has to prove that the Defendant was negligent and said negligence was a cause of his injuries.  However, in certain circumstances, the burden of proof shifts to the Defendant and he is then forced to disprove his negligence.  This is known as res ipsa loquitur, and occurs whenever …

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Johnson & Johnson Ordered to pay $63 Million

Posted Sat 14th Feb, 2015 | by | on Cases

A jury in Boston awarded the Reckis family $63 million in damages on February 13, 2013.  The Reckis’ nightmare began over ten years ago when a then 7 year old Samantha suffered a life threatening severe allergic reaction to Motrin brand Ibuprofen, a medication manufactured by Johnson & Johnson.  It was the day after Thanksgiving 2003 when Samantha’s parents gave her Motrin to relieve a fever she had for several days.  She had taken Motrin …

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How to Make your House Safe for Guests and Safe from Lawsuits

Posted Sun 21st Dec, 2014 | by | on Premises Liability

Owning a home comes with a variety of responsibilities, one of which is keeping those who come to your home safe from harm.  Throughout the year, but particularly in the winter months, it is important to ensure your home is free of hazards.  During the winter months, these hazards often include snow, ice, and falling branches.  Since most homeowners likely have several visitors (mailman, delivery drivers, friends, etc.) access their sidewalks and walkways throughout the …

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Wrongful Death

Posted Thu 23rd Oct, 2014 | by | on Legal Insights

In Colorado, a statutory right of recovery exists against a tortfeasor who causes the death of another.  The statute of limitations for wrongful death in Colorado is two years and begins to run on the date of the decedent’s death.  This type of claim is governed by the Colorado Wrongful Death Act and C.R.S. 13-21-201(1) and states that only certain parties are entitled to bring a wrongful death lawsuit.  These persons are the decedent’s spouse, …

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Jonathan Vilma Suing the NFL

Posted Fri 18th May, 2012 | by | on Attorney, Cases, Injury, Lawyer

Like most football fans, I have been following the coverage of the Saints bounty program very closely.  For those who don’t follow the NFL as closely as I do, the New Orleans Saints allegedly had a bounty program in which defensive players were to be paid for big hits that knocked opposing players out of the game.  Jonathan Vilma is alleged to have participated in the bounty program and have also contributed $10,000 of his …

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