Negligence

  • What Did You Put in My Pumpkin Spice Latte?

    ByRory Parnell Hours

    It is October, so it’s Pumpkin Spice Latte time. But what happens when that Pumpkin Spice Latte contains a plastic piece that enters your bowels? Or if the Pumpkin Spice latte has peanut butter in it and you are allergic? Severe injuries from eating food are generally not common. Sometimes a chipped tooth can happen, which while frustrating, is often a relatively easy fix at the dentist. Likewise, if a sharp tortilla chip slices your gum, it’s annoying, but doesn’t lead to long term damage. There are two general types of more severe injuries that come from food borne issues. The first is when a foreign object is in your food that should not be there. Generally, the law recognizes that certain foods will have…

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    What is Negligence Per Se? How using statutes can help you win your case.

    ByParnell, Michels & McKay Law Offices Hours

    Often in injury litigation we raise violations of statutes as one of our theories of liability. This can take the form of violating a statute on the rules of the road, or when a property owner violates the local building code and someone gets hurt. Many of us understand that these laws passed by our legislature are designed in most situations to protect us, but what is often misunderstood is how these can help win your case. This theory of liability is called “negligence per se”. A person is negligent per se if they violate a statute designed to protect against the type of accident or harm caused by their conduct, and the plaintiff is someone the statute is designed to protect. A good example…