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PROVING UNINSURED MOTORIST STATUS

PROVING UNINSURED MOTORIST STATUS

One of the most basic principles in the law is that the party who asserts a fact as proof of an element of a cause of action must prove that fact to the requisite standard of proof.  So how does a party prove a negative — prove the absence of something? For example, ‘303.025, RSMo. Read More

Negligent Entrustment

Allowing other people to operate your personal property may result in you being liable for any injuries the borrower causes — under certain circumstances.  Whether it be a truck, car, boat, or other personal property, the concept is called Negligent Entrustment and addresses the question of when property should be loaned to other people, and Read More

BUSINESS PREMISES LIABILITY

In the most general terms, Restatement (Second) of Torts ‘343 defines the duty of care owed by a business owner to its business invitees, and establishes that the possessor of land is liable to a business invitee if the possessor: knows or by the exercise of reasonable care would discover the condition, and should realize Read More

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

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

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

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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