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NEGLIGENCE PER SE ANALYSIS

NEGLIGENCE PER SE ANALYSIS

At the most basic level, general negligence principles create liability when there is: A duty by the defendant to protect the plaintiff from injury; and Negligence by the defendant in failing to fulfill the duty; and Injury to the plaintiff caused by the negligent failure to fulfill the duty. However, when the conduct violates an Read More

Business Owner Liability For Private Parking Lot Designs

Business owners often maintain private parking lots for their business customers.  Those customers are business invitees to whom the highest degree of care is owed.  The highest degree of care includes an obligation to design the parking lot to provide a measure of protection to pedestrians against being struck by motor vehicles (among other issues). Read More

CAUSATION & INDIVISIBLE INJURY ISSUES

Missouri has a very broad view of “causation” applicable to injury cases.  An injury must be causally connected to an event.  Missouri recognizes that multiple factors can directly contribute to cause an event or incident, and also recognizes that multiple events can directly contribute to cause a single indivisible injury or condition. Sole Cause jury Read More

Automobile & Pedestrian Liability Issues

Differences Between Public Roads and Private Parking Lots The law related to collisions between automobiles and pedestrians on public roads is different than on private parking lots.  The standard of care and the rules of right-of-way are entirely different. On public roads, a number of statutes apply to the interaction between motor vehicles and pedestrians: Read More

OWNER LIABILITY FOR DOG BITES

Up to four different legal theories address how owners of dogs may be exposed to liability in the event the dog bites someone.  The rational of each is quite different. Under the first theory, if the owner is aware of the dangerous propensities of the dog, the owner is under a common law duty to Read More

TRUSTEES USE OF DECLARATORY JUDGMENT TO OBTAIN JUDICIAL INSTRUCTIONS

Trustees are sometimes faced with difficult or impossible decisions during trust  administration. While Courts are historically reluctant to issue advisory opinions or instructions, there is a substantial body of law, both procedural and substantive, giving the Trustee the right to ask the Court for instructions about administration of the Trust. Procedural Authority Missouri Supreme Court Read More

HISTORY OF LIVESTOCK LAW IN MISSOURI

People who own livestock (sheep, cattle, horses, etc.) are often liable for damages caused should their stock escape their enclosure and cause damage or injury.  The cause of action under the stock law is a very specific cause of action, filed under ‘270.010, RSMo.  This cause of action is strictly statutory, based on the claim Read More

2017 CHANGES TO SUPREME COURT RULE 5.26

New Voluntary Trustee Designation Rules Trustee Appointment Trustee Duties Applicability of Voluntary Designation Provisions The Model Rules for Attorneys, published by the American Bar Association, have been adopted in large part by the Missouri Supreme Court.  One such Rule is Model Rule 28, providing for appointment of a Trustee to administer the practice of a Read More

AUTOMOBILE INSURANCE STACKING

Do I Get Coverage From All My Insurance Policies On All My Vehicles? Many people own more than one vehicle, and so have purchased more than one insurance policy.  By way of example, assume you own two vehicles, each with an insurance policy and for which you have paid a separate premium.  Do the coverages Read More

AUTOMOBILE INSURANCE

Types Of Insurance For Personal Injury Cases Liability Insurance — Section 303.025, RSMo. requires that the owner of a motor vehicle registered in this state (or required to be registered) must maintain financial responsibility for the vehicle.  Without financial responsibility, the motor vehicle owner may not operate, or permit another person to operate, any vehicle. Read More

  
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