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Practicing Since 1982
Every person is bound without contract to abstain from injuring the person or property of another or infringing upon any of that person's rights. N.D.C.C. § 9-10-01. A person is responsible for their negligent actions that cause injury or damage to others. Negligence can be carelessness caused by not using the level of care the community expects of each person, or failure to act when you have a duty to do so. Wanner v. Getter Trucking, Inc., 466 N.W.2d 833 (N.D. 1991). People are also responsible for any injury or damage causally resulting from their actions. Under vicarious liability, a person can be liable for injury or damage caused entirely by another person. The most common instance of vicarious liability is the doctrine of respondent superior, which imposes liability on employers for the negligent acts of their employees done within the scope of their employment. Tracy v. Central Cass Public School District, 574 N.W.2d 781 (ND 1998). Additionally, some situations impose a greater obligation of strict liability, in which the person is responsible for damages resulting from their actions even though they are not negligent in how they perform those actions.
The scope of personal injury includes injuries stemming from traffic accidents, work-related injuries, trip and falls, product defects, animal attacks, or travel accidents. Personal injury also includes medical and dental injuries.
The injured party can initiate a civil lawsuit wherein the injured party seeks compensation from the party who caused the injury or damage. Depending on the degree of negligence from the responsible party, the injured party may be entitled to monetary damages.
An injured person must pursue their legal remedy within a specified period of time, which is known as a statute of limitations. The statute of limitations period does not begin to run until the claimant knows, or with reasonable diligence should know, that a potential claim exists. Peterson v. Huso, 552 N.W.2d 83 (N.D. 1996). Since there is a deadline when you can bring your claim, please do not hesitate to contact us.
An automobile accident, also known as a motor vehicle accident (MVA), occurs when a vehicle collides with another vehicle, person, or stationary object. In the United States, a motor vehicle accident occurs every 14 seconds. Motor vehicle accidents have serious consequences, often resulting in property damage, injury, and even death. Motor vehicle accidents are the leading cause of injury and death among children worldwide, and the sixth leading preventable cause of death in the United States. Approximately 2.36 million people were injured in motor vehicle accidents in 2014.
A driver has a duty to exercise reasonable care in order to avoid injuring others. If a driver fails to be careful, injuring someone as a result, the driver is liable for the accident victim’s injuries. Examples of exercising reasonable care include following at a safe distance, obeying traffic signals, and adhering to posted speed limits, Types of automobile accidents include, but are not limited to, roll-overs, rear-end collisions, side impact collisions, head-on collisions, accidents caused by impaired drivers, and hit-and-runs accidents. In order to prevail in a motor vehicle accident claim, the injured person must prove his or her injuries, as well as monetary losses which must be compensated. For that reason, it is important to keep complete and detailed records of all injuries, medical expenses, and property damage.
Injuries sustained in a motor vehicle collision can be catastrophic and life-changing. During a car accident, in a sense, there are three collisions. The first is the collision of the vehicle with the outside object (another vehicle, a stationery object, etc.). The second is a collision between your body and the interior of the car. Your body continues to move toward the point of impact at the same speed, even though the vehicle begins to stop once impact occurs. Once your body connects with an outside force, you begin to stop. As the individual collides with the vehicle interior, he or she slows down from 30 mph to a stop in a few hundredths of a second, with only the body to absorb the energy of the crash. For a restrained occupant, the outside force will be met by a seat belt. An unrestrained occupant will hit the inside of the vehicle, such as a window or other object in the path of motion. Finally, the third collision is an internal collision in which the occupant’s internal organs move toward the point of impact and hit other organs, bones, and the skull. Even though the body may appear uninjured, the liver, spleen, heart, or other organs may be torn, bruised, and/or caused to bleed. Impacts to the head may cause “closed head injuries” resulting in traumatic brain injuries. This is why even minor motor vehicle accidents can cause serious injuries.
Motor vehicle accidents can lead to death and disability, as well as financial costs to both society and the individuals involved. According to the National Highway Traffic Safety Administration (NHTSA), U.S. motor vehicle crashes cost almost $1 trillion in loss of productivity and loss of life. These injuries can affect your job, relationships, hobbies, and enjoyment of even the simplest daily activities. In the worst of cases, these injuries can affect the lives of family members and friends left to care for the injured party. It’s important that you receive compensation for these events.
Like automobile accidents, crashes involving trucks can lead to death and disability. However, because a typical commercial truck can weigh at least 25 times as much as a personal motor vehicle, most truck accidents result in higher percentages of serious, or even fatal injuries. In addition to the size discrepancy between personal motor vehicles and commercial trucks, other factors, such as hazardous or flammable materials the truck may be transporting, contribute to the seriousness of these accidents.
Agriculture ranks among the most hazardous of industries. Farmers are at very high risk for fatal and nonfatal injuries, and farming is one of the few industries in which family members are also at risk. The Occupational Health and Safety Administration (OSHA) estimates that farm related injuries result in a fatality rate of 20.2 deaths per 100,000 workers. On a daily basis, about 167 agricultural workers suffer a lost-work-time injury. Five percent of these injuries result in permanent impairment. Some of the most common types of farm accidents and injuries are malfunctioning equipment, tractor over-turns, chemical exposure, fire, silo entrapment, improper safety equipment, and animal aggression. Tractor overturns are the leading cause of death for farmers and farm workers. Equipment designed to protect operators in a tractor overturn, such as protective cab structures and seat belts, are believed to improve survival rates from 38% to 99%. Despite this, many tractors do not come with this life-saving equipment.
OSHA lists four contributing factors in farming accidents: emergency preparedness, age of workers, protective equipment, and equipment and machinery. Emergency preparedness is vital, because in a rural setting, hospital and emergency care is usually not available within a reasonable distance. Furthermore, the farmer and his family do not have the ability or knowledge to handle a serious injury until emergency help arrives. Age of the worker plays a significant role in farming accidents. Farm surveys indicate that the injury rate is highest among children age 15 and under and adults more than 65 years of age. Protective equipment has the potential to significantly lower injury rates amongst farm workers. It has been estimated that the use of protective equipment could prevent up to 40% of all farm work injuries. Finally, equipment and machinery is a necessary and indispensable part of farming. However, the majority of farm accidents and fatalities involve the use of machinery. Proper machine guarding and equipment maintenance in accordance with the manufacturers recommendations help in avoiding accidents.
Most employers take precautions to ensure that their employees are protected from accidents while on the job. Despite these efforts, workplace accidents can and do occur often. According to the U.S. Bureau of Labor Statistics, one in ten workers is accidentally injured during the course of their employment. Of those accidents, 11,200 resulted in disability. Consequently, work place accidents are one of the leading causes of death in the United States. Employment-related injuries can include injury caused by neglecting regulations and codes, motor vehicle accidents in a company vehicle, exposure to unsafe chemicals and toxins, or injury caused by a defective product used on the job. Accidents on the job may entitle you to workers’ compensation. The LaBine Law Firm has the experience needed to successfully resolve your workplace accident claim.
Most manufacturers care about their consumers and subsequently, do not intentionally manufacture products that harm their users. However, injuries from defective products do occur, and they occur often. The United States Consumer Products Safety Commission (CPSC) estimates that in 2014, 78,906 product liability cases were filed in the US. Furthermore, product liability cases are second only to medical malpractice as having the highest median damage awards in all personal injury cases. Fortunately, the liability for these products and the injuries they cause lies on the individuals or companies individuals or companies responsible for manufacturing and distributing them. Product liability cases are often difficult, expensive, and time-consuming. The LaBine Law firm understands the challenges surrounding product liability cases and will meet them with experience and diligence in handling your claim.
Defective products take on many forms. Examples of defective products include:
Generally, the law requires that those involved in designing, manufacturing, and distributing products are held responsible for any injuries or damages caused as a result of their product. Because of this, several parties may be held accountable for injuries sustained by defective products. The law also requires a plaintiff to prove that the product was defective and unsafe. This can be complex and extremely difficult, which is why it is important to choose the experience of the LaBine Law Firm to handle your case.
Health care professionals provide vital, quality care on a daily basis. However, they are still human and consequently, they make mistakes. Unfortunately, mistakes made by healthcare professionals can have life-changing and long-lasting effects. According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S., behind heart disease and cancer.
Medical malpractice occurs when a health care professional deviates from the standard level of care that is expected from that provider during the course of treatment. There are several instances in which medical malpractice may occur.
Some examples include:
The LaBine Law Firm has more than 30 years of experience in successfully resolving medical malpractice cases.
Losing a loved one is often a sudden, devastating, and painful experience. When survivors are left to carry the burden of a death caused by someone’s negligence, the pain of losing a loved one is compounded. In addition to emotional distress, wrongful death often brings financial uncertainty and turmoil.
Although nothing can relieve the pain of losing a loved one to someone’s negligence, we will work diligently to make sure you receive the fair compensation that you need and deserve. We will devote ourselves to understanding how your life has changed as a result of the loss of your loved one.
Police officers provide a vital service to our communities. Their days are long, stressful, and difficult. They’re highly respected and regarded as protectors of the people. Because of this special duty, abuse of their power is especially intolerable. Police misconduct refers to inappropriate or even illegal actions taken by the officer in question. The most common types of police misconduct are arrest without probable cause, failure to give Miranda Rights, and improper field sobriety test administration. In some cases, more serious acts of police misconduct occur such as abuse of power, police perjury, excessive force, and even failure of another officer to intervene when witnessing the misconduct of a fellow officer.
Exposure to dangerous substances, such as pharmaceutical drugs, pesticides, chemicals, or other toxins can have serious consequences that are often long-lasting. Thousands of new products are introduced into our daily lives. While most of them are safe, some of these products turn out be dangerous. In other instances, accidental exposure to substances that are known to be dangerous occurs. Many toxic tort cases are those from exposure to chemicals, dangerous consumer products, environmental situations, and work-related exposures.
Toxic torts in the work place differ from workers’ compensation because the claim is usually brought against a third party and not the employer. Consumer product injury such as carpet treated with formaldehyde or exposure to mold contamination are also common cases. Environmental causes from toxic drinking water or air pollution from a third party are increasing in numbers as well. Pharmaceutical injuries are often litigated against drug manufacturers and distributors and usually include a situation where many people were affected and are involved in the suit.
Every year, thousands of Americans are bitten by animals. In most cases, these animals are dogs. These bites can lead to a number of costly expenses. Because of this, a person bitten by an animal may have a legal right to recover damages from the animal’s owner or another responsible party. Dog bite laws vary from state to state.
In North Dakota, the victim of a dog bite must prove that the owner had opportunity to intervene and prevent the attack and in not doing so, injuries and harm were inflicted upon the victim. However, in cases of blatant trespassing or intentional provoking of the animal, the injured person is considered partly or totally responsible for the cause of their injury.
Minnesota dog bite law states that if a dog attacks without provocation the owner is liable for damages to the person injured to the full amount of the injury sustained and comparative fault is not permitted as a defense.
The information provided on our website regarding Areas of Practice was last updated 9 December 2016 and is subject to change. Be sure to contact a licensed attorney for more information regarding your specific situation.
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