Distracted driving is a serious safety concern for those in Missouri and across the country. Many people choose to engage in distracting behaviors while driving, consequently putting everyone else on the road at risk for a personal injury incident. Whether it is talking on the phone, texting, eating or doing anything other than driving, all types of distracted driving are dangerous and preventable.
The law of negligence in Missouri generally protects an injured passenger in an auto accident by providing monetary compensation for the person's losses. The damages can be payable by one or more drivers found liable in causing the accident, including the driver of the car occupied by the injured person. The liability of the drivers for personal injury will be based on whether they drove negligently and whether that negligence was a substantial factor in causing the accident and the injuries.
A claim for damages for negligently causing personal injury may be brought by an injured victim in the Missouri courts. In the case of a deceased victim, the estate of the decedent may bring the personal injury in court. For example, an estate recently filed a claim on behalf of a father whose son was killed in an auto accident. The claim was filed against two bars, Spectators and The Mission, for knowingly serving alcohol to a male customer who later drove and caused an accident that killed the claimant's son. This is generally referred to as dram shop liability.
A devastating boat accident that killed 17 people and injured 14 others is the subject of a recently filed lawsuit. The suit was filed by members of a Missouri family that lost nine people in the deadly accident and seeks compensation on behalf of their loved one's estates. It is likely that additional wrongful death or personal injury claims will soon follow.
In Missouri, a school district can be liable for damages for negligence that causes injuries to a student or other individual. School district employees are protected by a form of qualified immunity from personal liability for their negligence in causing the student's personal injury. If the district employee acts with recklessness, malice or gross negligence, the protection of qualified immunity may be lost.
With warmer weather arriving and the school year ending, boaters are heading to the many lakes and rivers in Missouri. On a beautiful Sunday afternoon, spending time on the river can be both exciting and relaxing. However, just as one must take precautions to avoid a personal injury accident on the road, so there are risks involved while boating. One family is mourning the loss of a promising teen following a tragic and preventable boat accident.
When individuals go to an amusement park, they expect thrills and chills, but spills, not so much. Since mechanically complicated passenger rides are an integral part of the park experience, park owners must be vigilant to ensure that the rides and the park environment remain safe for the patrons. Recently, a popular Missouri amusement park settled three personal injury lawsuits related to incidents on its premises just before opening for the 2018 season.
Under Missouri law, you can be liable for your dog’s actions. If your dog bites another person—unless that person is an unlawful intruder—then you’re on the hook. You could face civil or even criminal charges. For this reason, it’s important to train your dog against biting or attacking.