Telematics in Automobiles

 Insurance companies are eager to offer their newest technology which purports to provide more accurate insurance pricing. This new device, called a telematic, is inserted into the vehicle and will track driving activities like braking and mileage. Tracking this information for an individual will allow the company to set insurance policies based on the specific…

Details

Hospital Records and Liability

 As the healthcare industry becomes an increasing part of the American economy, the industry is looking for ways to control costs. One area of increasing liability for such providers is the privacy of medical records. To control costs, many medical providers are offshoring their maintenance of such records. With increasing digitization many of these records…

Details

Going and Coming Rule in Workers’ Compensation

 Workers’ compensation provides employees with compensation for injuries at work. While it is clear that workers’ compensation covers any proven injuries that happen at work, what happens when an employee is commuting to and from work? These are known as going and coming cases. Generally, an employer is not liable for goings and comings by…

Details

Defamation

 The tort of defamation may be one of the hardest to determine. It really is a “you know it when you see it” type of tort, to quote the Supreme Court. The issue is rapidly evolving as language and culture change and there is always a need to balance this tort with free speech rights…

Details

Assumption of Risk

 Assumption of risk is a defense in tort actions for personal injury. This defense may act as a total bar to recovery for a plaintiff. It is an affirmative defense, meaning that a defendant who asserts this must put forth evidence proving the validity of the defense. Thus, it is important for plaintiffs to understand…

Details