Author Archives: Robert Ross
Summer Water Hazards: Swimming Pools
With summer rapidly approaching, homeowners need to take special caution in maintaining yards and outdoor areas. Pools, ponds, and sprinklers create particular hazards, especially when the weather grows warmer and children go outside to play. Swimming pools present a serious danger of drowning and other injuries at all times of year, but particularly when… Read More »
Causation in Attorney Negligence: Proving “Fault”
A plaintiff client cannot win a lawsuit for attorney negligence without proving that the attorney’s alleged malpractice was the “legal cause” of the plaintiff’s damages, loss, or injury. Unless the (former) client proves causation as a matter of law, a malpractice actions cannot prevail. Today’s “Malpractice Monday” focuses on this critical element, and how… Read More »
Memorial Day Hazards and Summer Fires
Memorial Day marks the official start of the “summer season,” when homeowners host barbecues, pool parties, and other summer get-togethers. Homeowners visit with friends and family, enjoying the pleasant weather. Unfortunately, summer parties also create the potential for serious injury, and even fatalities. Homeowners need to exercise care to minimize risks and create the… Read More »
Do You Mind Visitors’ Children? (Homeowner Hazards, Part 1)
Most people love children, and nobody likes to see a child hurt. Unfortunately, houses which aren’t child-proofed are filled with hazards many homeowners might not even notice. Before children visit, homeowners should look for and correct the obvious dangers and also the lurking risks. In the weeks to come, we’ll take a look at… Read More »
What Benefit Does an Expert Bring to a Legal Malpractice Claim?
MOST LEGAL MALPRACTICE CASES INVOLVE EXPERT TESTIMONY Normally, proving a legal malpractice claim requires the use of expert testimony. The expert (usually another attorney) testifies to establish the applicable standard of care and also gives an opinion about the defendant attorney’s breach of, or failure to meet, that standard. Experts in legal malpractice cases… Read More »
Is it Malpractice When a Lawyer Lies?
MANY PEOPLE THINK LAWYERS ARE LIARS. The image of the “lying lawyer” pervades the popular culture, and the idea isn’t new. The character of Dick the Butcher in Shakespeare’s Henry VI famously says, “The first thing we do, let’s kill all the lawyers.” (Henry VI, Part II, act IV, Scene II, Line 73.) Ironically, Shakespeare’s famous… Read More »
Sprinklers, Standing Water, and Slip and Fall
Generally speaking, homeowners are liable for injuries (and deaths) which result from foreseeably dangerous conditions on the property. Unfortunately, many Homeowners overlook subtle conditions which can create dangerous hazards to visitors, family members, and others. SLIP AND FALL INJURIES ARE COMMON AND FREQUENTLY LITIGATED Slip and fall accidents represent one of the most common… Read More »
When Has a Lawyer Breached the Duty Owed to a Client?
In addition to proving the nature of the duty of care the attorney owed, a client (or former client) claiming malpractice must prove the attorney breached that duty where the client is concerned. To prove a lawyer has breached a legally-recognized duty, it is necessary to examine the lawyer’s conduct in light of several factors: … Read More »
Household Hazards: Poisons
Homeowners are liable for damages and injuries caused by known and foreseeable dangers in the home and on the homeowner’s property. Dangerous conditions like broken railings, holes, and power tools are difficult to ignore, but an even more dangerous condition often lurks in cabinets and garages: household poisons. KEEP POISONS ELEVATED AND IN SECURE… Read More »
When is an Attorney Immune from Malpractice Liability?
ATTORNEYS ARE RESPONSIBLE FOR KNOWLEDGE AND USE OF GENERAL AND DISCOVERABLE LEGAL PRINCIPLES As a general rule, an attorney must possess and use a competent, functional knowledge of the general principles of law, as well as the specific areas in which the lawyer claims special competence or specialization. Lawyers must also know (or discover)… Read More »
