Nightclub or Bar Liability for Fight Injuries

A few nightclubs and bars are quiet spaces where nobody ever raises voice, and unnecessary fights are unheard of. However, others unluckily are hotbeds for fights and arguments almost every night.

What if you’re attacked in a nightclub or bar or what if, by chance, you get thrown a bottle or hit by a fist? Who is responsible? Is the premise legally responsible to you? This article addresses premises liability law in these situations.

The Attacker is Commonly Liable

Let us get one thing clear. Assuming that you didn’t commence the fight or that it wasn’t an agreed upon fight (“mutual affray”), the individual who hit you will be liable for your injuries under the intentional tort law.

On the other hand, because individuals who pick a fight in bars or nightclubs may not have insurance or any money, it may not worth it to sue the assailant for the attack; you might like to center your energy on filing a case against the nightclub or bar.

personal injury cases.
Personal injury cases are quite common.

Negligence in the General Premises Liability Law

Suing a nightclub or bar for damages due to assault or fight is a standard injury case, meaning that it’s a negligence case. An exception is that, as previously described, if the fight was agreed upon (mutual affray) in which case, generally, the bar or nightclub will not be negligent.

To succeed in a case against a bar or nightclub, you need to establish that the premises were negligent—that its negligence resulted in your injury. However, let’s say that it was another party who attacked you, how do you prove that?

Claims against nightclubs or bars in fight incidents typically involve an intoxicated attacker and so will typically involve the alcohol service and security policies of the premises.

All bars or nightclub have a responsibility to act sensibly to provide required security for their clients, and all bars or nightclubs have a responsibility not to serve drunk customers.

With regard to security, a bar or nightclub should offer whatever security is rationally necessary, according to the circumstances. A bar or nightclub that caters mainly to senior citizens drinking before entering the theater does not require any security.

Nobody will start fights in that kind of premises. However, a bar notorious for arguments, fights, and illegal drug use requires stricter and firmer security measures.

For instance, reasonable security in such premises might take in things such as serving drinks in plastic or Styrofoam cups (to inhibit thrown bottles or bottles smashed over somebody’s head), having numerous bouncers, employing an off-duty cop to observe the bar, or tightly securing the chairs and tables to the floor.

Regarding alcohol use, a nightclub or bar has an obligation (dram shop laws) to monitor its customers closely to ensure that it doesn’t serve alcohol to drunk customers. “Dram shop law” is the term for a law that has to do with cases due to injuries caused by individuals who bought intoxicating drinks at restaurants or bars.

If somebody gets drunk and assaults you at a bar, nightclub, or on the street, then you could file a claim against that premise.


What You Don’t Know About Bicycle Accidents

Bicycle accidents can cause severe and sometimes deadly injuries. Claims to get damages for injuries in bike accidents with cars involve numerous same problems as any car accident claim. Liability for bicycle accident injuries frequently comes down to carelessness or negligence – whether or not the negligence of the car driver caused the injuries of the cyclist, and whether or not any negligence by the cyclist himself contributed to or caused the accident.

Bicycle Accident Liability

Drivers and cyclists are required to abide by the traffic rules. These rules take in traffic laws and the duty to use ordinary care when it comes to safety as well as that of others on the road. Like other car accident claims, bicycle accident claims are governed by the state law and usually notified by local and state traffic laws.

Bicycle Accidents and Negligence

When a cyclist files a claim to get damages for injuries sustained in an accident with a car, the result often varies according to two questions:

Motorcycle Accident
  • Did negligence on the part of the car driver resulted in the accident and injuries to the cyclist?
  • Did any cyclist negligence contribute to or cause the accident?

Driver Recklessness or Negligence

Negligence by a vehicle driver can take numerous forms. For instance, running a red light, overspeeding, and moving into a bike lane constitute negligence or recklessness if performed with a disregard for the others’ safety.

In a case alleging negligence or recklessness by another person, victims typically should demonstrate that the defendant behaved in a way that breached a duty that’s owed to the victim. In car accident lawsuits, this indicates violating the duty of care that’s owed to everybody else on or close to the roadways.

Accident cases come down to evidence specific to the case, and usually, the ability of the victim to establish negligence via eyewitness testimony and other evidence. However, in auto accident cases, behaviors are traffic violations can comprise “negligence per se.”

motorcycle crash
Motorcycle crash

And this indicates that if a car driver was cited for a traffic breach like running a red light, proof of the violation counts as proof of negligence. The burden moves to the defendant to establish that they did not cause the injuries to the plaintiff.

Cyclist Negligence

Whether a cyclist files a claim against a car driver, or a cyclist himself is sued for causing somebody else injury, negligence can establish the lawsuit’s outcome. Examples of cyclist negligence take in riding the incorrect way on the street, running a red light, and turning instantly into traffic.

Negligent cyclists could be unable to get damages for their injuries in accidents involving vehicles. Such negligence is known as comparative or contributory negligence, which means that the negligence of the cyclist, at least partially, resulted in the accident to occur, and thus resulted in at least some of the injuries of the cyclist.

If a cyclist rode recklessly, and that negligence resulted in somebody else’s injury, the cyclist could be held legally responsible for that individual’s injuries

Results Obtained In Car and Medical Negligence Cases

For more than forty years of representing the grieving and injured in the United States, I’ve dealt with numerous cases that were very complex from both legal and medical viewpoints. What follows is a sample of a couple of the higher value results I have acquired for victims of medical and auto negligence.

A man entering a crossing controlled by red light signs was broadsided by a truck that hadn’t slowed down or stopped. The driver of the truck claimed he didn’t see the red light, even if he had a clear view of the crossing.

Though the truck’s data recording device confirmed the negligence of the trucker, he claimed as a defense that the man had smoked marijuana at some point during the past two weeks.

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X-ray results of a medical malpractice

In 2009, a baby was born. And during the child’s delivery, the shoulder of the baby became stuck on the pubic bone of the mother. This is a quite common complication in birth, but one that needs certain care. In the report about the delivery stated, the doctor claimed to have utilized the well-known Woods’ screw maneuver to release the affected shoulder.

However, when he dictated the report, he didn’t realize that the grandmom had videotaped the delivery and the video obviously showed he didn’t utilize Woods’ screw maneuver. We argued he twisted and somewhat pulled on the head and neck of the baby to deliver her.

He argued that the baby girl was coming out in a natural manner while he placed his fingers on the baby’s shoulder and twisted them and that what’s shown on the video to be pulling and twisting was actually his softly guiding the baby out of the vagina.

Experts said that the delivery method was incorrect; he had twisted and pulled the head and neck of the child, resulting in injuries to nerves and joints in the baby’s neck and a long-lasting condition known as Erb’s Palsy.

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Medical malpractice results

This is due to the tearing of the nerves that composed the brachial plexus, a nerve bundle that comes off the spine. We were shown that the force amount required to tear those nerves was considerably greater than the gentle traction the physician claimed he utilized.

The little girl has a long-lasting left arm paralysis with major limitations, regardless of two surgeries by a nerve surgeon. The jury granted the family with $1,400,000.00 in compensation.

In 2004, a 30-year-old woman was harmed when a truck driver ran a red light and caused the car she was in to roll over. The woman suffered neck pain and severe headaches and needed surgeries to fix a herniated disk and replace TMJ joints in the jaw. At trial, the jury delivered a verdict of $2.6 million— the biggest ever granted in Bartholomew County.

In 1989, Bartholomew County car crash took place when my client, a young mom, was hit by another driver, resulting in her vehicle to spin around suddenly. She had major tissue injuries to the arms, back, and neck, and developed carpal tunnel syndrome as well in the crash’s aftermath.

This made it difficult to work and hard to care for her kids. In this case, the jury awarded a $630,000 verdict for the woman

First Steps in a Personal Injury Claim

The time after your injury in an accident or slip and fall can frequently be taxing and confusing. Above all, take care of your health. However, when you’re ready, you can start thinking about filing personal injury suit for the injuries you sustained. Here are a few FAQs about the initial steps in personal injury claims.

What should I do if I was injured in an accident?

As previously mentioned, the first thing you ought to do after being harmed in an accident is to take care of your health. But if you’ve already done this, there are numerous steps you can take that’ll aid to preserve the right to pursue a personal injury claim for your injuries. In most cases, the steps are legal, and there’s no proper order to take (if you have to sue a government agency or the government itself, there are other certain steps that ought to be taken).

Gather evidence that can show who caused the accident and your injury, as well as the damage,  resulting from the accident. Pictures are helpful here. Note down everything that’s occurred to you following the accident. This could include things such as medical bills, any lost wages or work, and all that. Be certain to acquire the names and contact details of the witnesses that could’ve seen the incident. Contact these individuals to confirm their contact details.

If you talk to other individuals involved in the accident, then be certain to write down about your conversation. Tell someone that you could file suit against that you’re planning on suing for property damage and your injuries.

personal injury attorney
Attorney talking to jury

How long do I have to tell an individual that I’m filing a personal injury claim for my injuries?

If you’re planning on suing a person or some other body that isn’t a government agency or the government, then there is no fixed time limit wherein you need to notify that individual of your aim to file a case. On the other hand, this doesn’t indicate that you ought to take your time with it. By acting efficiently and fast, you will likely increase your odds of resolving the claim quicker than if you postpone.

It’s good to remember that even if you notify individuals of your intent to sue; this doesn’t indicate that you ought to file a case. By providing notice, you preserve your rights and stop the other party from defending against a case by reasoning that you waited way too long to tell them about the injuries you sustained. By informing the other party, you just guarantee you can continue with negotiations about arbitration and settlement at your own pace, without rushing.

Is there a time limit wherein I need to file my claim to be repaid for my injuries?

Yes, as settling a personal injury case can be slow, and if you’re unable to file the claim in a well-timed manner, you could be entirely out of luck in getting any payment. There are certain laws called the “statute of limitations” that provide the maximum period where you need to bring certain kinds of cases. If this period passes up, then you may be banned from ever filing a case to recover for the injuries you got. You must always check on the statute of limitations in your state for your claim to guarantee that the period doesn’t pass you by.

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X-ray of personal injuries

How soon do I need to file a lawsuit against the government for my injury?

Unlike suing a person or a company, if you have to bring a claim against a government agency or worker, or the government itself, you only have a limited amount of period wherein you ought to file a claim. Depending upon your case type and your state, this period often ranges between thirty days and a year. If you don’t follow these timelines, then you may lose the chance to recover compensation for property damage or your injuries.


What is Malicious Prosecution? – a Detailed Discussion

If a criminal or civil case is prosecuted wrongfully, the case’s defendant could be able to sue the complainant for malicious prosecution. But before proceeding to any other complex discussion, let us define first the meaning of malicious prosecution. The Findlaw article entitled Malicious Prosecution provides this information for you.

Malicious Prosecution: The Basics

Malicious prosecution occurs when one party has knowingly and with malicious intent initiated baseless litigation against another party. This includes both criminal charges and civil claims, for which the cause of action is essentially the same. The main difference between claims based on criminal and civil actions has to do with evidence. For example, mental suffering is usually considered an element of general damages in a claim based on malicious criminal prosecution, with no special proof required. But for claims based on civil actions, the plaintiff must be able to prove quantifiable damages.

Most states allow recovery for claims based on civil suits as long as the plaintiff (the defendant in the original case) is able to prove malicious intent and lack of probable cause. But some states require some direct interference with, or injury to, the plaintiff apart from the mere hassle of answering a civil complaint. For example, defamation resulting from a malicious lawsuit, such as lost business from a damaged reputation, typically would be considered a compensable injury.

Elements of Malicious Prosecution

Malicious prosecution is a claim that involves a wrongful death case, which enables a wrongfully-sued individual to take legal action and get damages against the plaintiff who sued with no proper cause.

auto accident cases
Car travelling in the dark.

Malicious prosecutions take place for various reasons, including the desire of a plaintiff for groundless revenge, attempts to close down competing companies, and illegal efforts to compel a defendant to change behaviour or cooperate to avoid suffering expensive legal payments. Essentially, malicious prosecution takes in the wrongful use of our justice system to oppress, harass, or punish another individual.

Suing somebody for incorrect personal reasons, with legal justification, isn’t only morally wrong, it is illegal. Malicious prosecution is one-way defendants get justice when a claim is unlawfully filed against them.

Now if you have been wrongfully punished, harassed or oppressed, these are the things you need to know regarding malicious prosecution. Elements of a Malicious Prosecution Claim by Ross Law has the info.

To prove malicious prosecution, the claimant (who was generally the defendant in the allegedly malicious action which prompted the malicious prosecution suit) must prove all four of the following elements:

  1. The commencement of a civil (or criminal) legal action or proceeding.

“Commencement” of a proceeding generally means filing a lawsuit. Malicious prosecutions can be either criminal in nature (in which case the defendant in the malicious prosecution case is generally the government) or civil (in which case the allegedly malicious action was filed by a private plaintiff).

  1. The plaintiff (in that first action) had an improper purpose for filing the action.

An “improper purpose” for filing a legal action generally means some purpose or objective other than obtaining a judgment against the named defendant. Often, the required improper purpose is assumed if the claimant can demonstrate that the lawsuit lacked probable cause. However, the person accused of malicious prosecution does have the opportunity to prove that his or her actions were not improper — for example, by proving that (s)he was simply following an attorney’s advice.

  1. The plaintiff (in the action which is the subject of the malicious prosecution claim) had no probable cause to believe the action was founded on proper legal grounds.

The short version of the test is that the court will ask whether a reasonable person (or attorney, in the case of legal counsel) would have believed the case had legal merit.

Elements of Malicious Prosecution

To prove that someone is prosecuting you wrongly, the claimant (usually the defendant in the malicious action which urged the malicious prosecution claim) should prove the following elements:

  1. The commencement of a criminal or civil proceeding or legal action.

A proceeding’s “commencement” often means filing a case. Malicious prosecutions can either be naturally criminal (the defendant in such case is the government) or civil (a private plaintiff filed the malicious action).

2. In the first action, the plaintiff had an improper purpose in filing the action.

For filing a legal action, an “improper purpose” commonly means some objective or purpose other than getting a verdict against the defendant. The necessary improper purpose is often assumed only if the claimant can show that the case required probable cause. On the other hand, the individual accused of malicious prosecution has the chance to demonstrate that the accused’s actions weren’t improper — for instance, by proving that the accused was only following a lawyer’s advice.

auto accident attorney
car collision with a bicycle rider

3. The plaintiff had an improper purpose in filing the action.For filing a legal action, an “improper purpose” commonly means some objective or purpose other than getting a verdict against the defendant.

The necessary improper purpose is often assumed only if the claimant can show that the case required probable cause. On the other hand, the individual accused of malicious prosecution has the chance to demonstrate that the accused’s actions weren’t improper — for instance, by proving that the accused was only following a lawyer’s advice.The plaintiff (the malicious prosecution’s subject) does not have probable cause to think the action was set up on proper legal

4. The plaintiff (the malicious prosecution’s subject) does not have probable cause to think the action was set up on the proper legal basis.

The court will inquire whether a reasonable individual (or lawyer) would’ve believed that the case had lawful merit.

5. The individual claiming malicious prosecution (usually, the proceeding’s defendant that started the malicious prosecution claim) succeeded in the malicious action or even had such action dismissed with a decision in favour of him or her.

People can file a malicious prosecution case only if they were successful in defending against the case which they claim was malicious. And by definition, if the complainant succeeded the initial action, the defendant can’t claim the initial action was truly malicious. The reason is that if the complainant succeeded, the action was seemingly based on proper grounds.

Essentially, if you got sued and then lost, and need to pay the damages, and/or if you were a convict of criminal charges, then you can’t sue the complainant in that criminal or civil action for malicious prosecution.

On the other hand, if you got sued and won, and you think the claim was wrongful, then you must consult a skilled attorney at once to see whether or not you can file a claim for malicious prosecution.

Learn more about malicious prosecution by clicking here.


Seeking Compensation for Personal Injury – Settlement Offer Before A Claim

In a few cases, a plaintiff or a plaintiff’s lawyer may notify a would-be defendant that they mean to file a claim, unless he or she compensates the plaintiff for the injuries he or she sustains. While such a case isn’t the main issue of this article, it’s worth noting that if a claim involves a substantial amount, both defendant and plaintiff would be better off getting legal advice before proceeding with anything.

It’s possible to pay an expert attorney an hourly payment to assess the case as well as the settlement offer, rather than having to pay a huge contingency payment for a tiny amount of work.

Consider Who’s Making the Settlement Offer

As soon as the complaint has been submitted, a settlement offer will be initialized by either the defendant himself or their insurance company.

And if the defendant has very little insurance (or none at all) to cover probable liability for the claim, the plaintiff will have to decide if the defendant has enough funds to pay for damages if the plaintiff is successful at trial. If the defendant has little money and only a few assets, the plaintiff isn’t going to receive much, regardless of the amount of the damage award.

And if an offer from the poor defendant is not much less than what the plaintiff could wish to get following a trial, settling, and evading the hassle may be the best way. But if the plaintiff is really determined to punish the defendant, then winning an award during the trial could result in permanent credit damage and bankruptcy for a defendant who can’t pay.

auto accident attorney
Damaged vehicles in an automobile accident

When you are seeking compensation for a personal injury, there’s a very good possibility that you’re going to be encountering some form of the insurance company. Insurance Claims After an Accident: The Basics by Find Law talks about the essentials of the matter. Here’s an excerpt:

“The Insurance Claims Process

Whether you were injured in an automobile accident, at a home or building, or while visiting a business, you typically must report the incident to the insurance company within 24 hours of the incident. If you weren’t at fault for the accident, you should contact the insurance provider of the business, building owner, or at-fault driver. You’ll probably be required to provide information about the cause of the accident and the extent of your injuries.

The insurance company will then open an investigation of your claim. You may be asked to provide photos of the accident scene, the names of any witnesses, or a more detailed account of the incident. In addition, you will probably have to submit to an independent medical examination by a doctor of the insurer’s choice. If the injury was caused by a building condition, the claims adjuster may make an inspection of the property.

After calculating the value of your claim, the insurance company will then issue a settlement check. If your claim is denied or if you believe the amount of the settlement is inadequate, you can appeal to the insurance company. An appeal may require you to submit to additional examinations or provide further information and evidence about the accident.”

If the defendant’s insurance covers the claims of the plaintiff, then the insurer will frequently be controlling the defense (not always, though). Not like with an uninsured one, a plaintiff doesn’t have to worry about the insurer running out of cash as there are “insurance guarantee” funds that’ll cover a plaintiff’s claim if a company goes broke.

The main consideration here is what the insurance policy limits of the defendant are. A defendant will need to pay an out-of-pocket cost for any awards that exceed the policy limit.

And so, if the limit is reduced and the defendant cannot pay, a low settlement offer could be enough. But if the limit is high, the plaintiff won’t have to think about the amount of cash required to pay a probable damage award and can concentrate on other aspects.

A business man with his working bag

Consider the Offer’s Timing

The other main thing to think about is when the initial offer is made. If the plaintiff is unrepresented and hasn’t developed the case by collecting facts, a represented defendant or insurance company will most likely provide a settlement offer that’s low proportionate to the possible damages.

If the defendant or insurance company knows the plaintiff is in need of money or new to the process of litigation, then the offer might be even lowered.

In How The Insurance Adjuster Handles Your Personal Injury Claim by All Law, it talks about how insurance adjusters approach personal injury claims.

“How an Insurance Adjuster Decides on an Offer

In personal injury cases, insurance adjusters usually consider the same factors that juries would look at in deciding what damages are appropriate. This means the adjusters are usually looking at:

  • Actual expenses (medical bills and costs) that have been incurred and that will be necessary in the future
  • Actual losses in the form of lost income or lost wages
  • Pain and suffering damages
  • Emotional distress damages

Some of these costs (those for actual expenses and losses) are very easy to determine. The numbers can just be added up. Pain and suffering, on the other hand, is much more subjective.”

After you have received the first response to your injury claim, learn about the things you need to think about in a settlement offer in All Law’s Responding to the First Personal Injury Settlement Offer.

“Consider the Timing of the Offer

The other primary factor to consider is when the first offer is made. If a plaintiff is unrepresented by an attorney and hasn’t developed the case by gathering facts (or worse, doesn’t even know how to do so), an insurance company or represented defendant will most likely give a settlement offer that is low relative to the potential damages.

If the insurance company or defendant knows that the plaintiff is desperate for cash and/or new to the litigation process, the offer will be even lower.

On the other side of the spectrum, if a plaintiff is represented by counsel and the case has been developed, a first settlement offer from an insurance company or a defendant may be closer to what the potential damages might be at trial.”

Learn more about settlement offers and how insurance adjusters deal with it by clicking on this link –


Deadly Medication Error: Who is legally responsible?

A trip to the doctor could be frightening, but more so when an individual encounters a medical crisis. Still, most individuals place a huge amount of faith in their medical experts, whether nurses, physicians, or other medical personnel.

Sadly, regardless of that trust, each year, a great number of medical errors take place. And the costs can range from nothing to a patient’s death.

Medication is an easy place for a mistake to happen. For a certain medicine to acquire from the company to the patient, it must pass through numerous hands.

Every handoff brings in new possibilities for dilemmas, from inappropriate temperature exposures during delivery to misrecognition by a pharmacy technician, as well as excessive dosing to improper drug prescription.

When a medication mistake takes place, which is liable? Who should provide financial support for the harmed and devastated lives?

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Medical crisis: X-ray of personal injuries

Medical Crisis Professionals

The main targets of medication error cases are generally nurses and doctors. These are frequently the individuals who actually ordered and managed the medication, and thus, normally in the best place to avoid the mistake.

Nurses and doctors owe a debt to their patients to perform in their finest interests as well as to stay vigilant concerning things such as allergic reactions, dangerous drug interactions, or other things that might make the medication detrimental rather than helpful.

If these experts fail to see those factors when administering or prescribing a drug or overlook a patient for undesirable reactions while under their care, then that could be a failure of due care, causing liability.

Pharmacists may as well be in place to be judged. Another common basis of medication-related fatalities, misidentification of medication is easy to perform. Nonetheless, these experts as well owe a legal obligation to avoid just that mix-up from happening.

Moreover, they should follow the prescription provided by the doctor, be counting refills, and be providing too many, insufficient, or a wrong option of medication can as well be problematic, leading to liability.


Besides pharmacists, doctors and nurses, the establishments for which they are employed frequently find themselves targeted for medication error cases. Whether a clinic, a hospital, a pharmacy, or a qualified practice establishment, these organizations generally have extensive financial resources than the persons involved, thus making them perfect targets for the injured parties calling for compensation.

These organizations owe a responsibility to dutifully hire and observe the behavior of their personnel. Therefore, mistakes by whichever of the individual workers can be blamed on the employer too.

Intentional misconduct would be an exception.

There are some cases wherein medical experts have been known to administer medications improperly without being asked to for fun purposes, or as an attempt to ease the suffering of a terminally-ill patient.

When the deadly prescription has been administered purposely, the establishment may not be responsible unless proven that the establishment had knowledge or should’ve known regarding the improper behavior and permitted it to ensue anyway.

medical malpractice
Pills and medication.

Medical Crisis Manufacturers

Manufacturers are less often under attack for medication errors, however, more commonly sued for matters relating to drug dangers even when correctly administered. Such actions commonly take place in large, class suit wherein a group of harmed patients (or their survivors) gather together to file a court case against the drug manufacturer.

These cases frequently acquire national attention and give rise to outcomes that can reach up to hundreds of millions in cash.

Others in the Stream of Commerce

On some occasions, a fatal medication error may be caused by someone within the stream of commerce. Per se, that party can find itself legally responsible, frequently to one of the other individual accused of the crime.

For instance, a defendant could sue a shipper, considering that the drug must have been harmless unless it’s exposed to extreme temperature while being transported. Or a medicine may only have a short shelf life that wouldn’t have been exceeded if it arrived on time.

A product can be interchanged while within the flow of commerce too, causing a lethal mistake.

Seek Legal Advice

If you’ve endured injury resulting from a medication error, or if you’re an individual facing legal responsibility resulting from such mistake, it’s critical to talk to a lawyer immediately. The web of interconnected liabilities, various fault theories, as well as procedural needs for such lawsuits entails the help of a skilled attorney with knowledge in that certain field.

Patents and Trademarks Law


Patent law is a highly specialized field that involves protection for the inventors of machines and other tangible products or processes. The U.S. Patent Office issues patents that give exclusive rights to these developers for the sale or distribution of their inventions.

Because the determination of a product’s uniqueness is often highly technical and detailed, the process of securing a patent is much more complex than for filing a copyright. This process is so complicated, in fact, that there is a special patent bar (whose members pass a patent bar exam), a special submission process, and even a special court system to govern disputes and appeals.

Most patent lawyers work in specialized patent law firms, in patent law system in the Patent Office of Court. Almost all of these lawyers possess an educational background or experience in a technical or scientific field.

This is because they are frequently required to utilize their skills as well as legal skills when carrying out their work.

Trademark Law


Trademark law deals more with marketing than with product origination. It has long been recognized that name identification is an important element in selling a product. Do you want Coke or Pepsi? Do you drive a BMW or Ford? Do you wear Nike or Adidas?

Trademark issues take on even greater proportions when products are distributed on a worldwide basis through electronic media to consumers. Visual images, too, can be a part of a product’s identity. Think about the Exxon tiger or the golden arches.

Ay name or symbol that is exclusively identified with a particular product and used in the marketing of the product can be registered as a trademark and protected against infringement. A trademark owner who fails to assert the trademark may lose legal interest to the public domain.

A product may have become so ubiquitous that its name becomes synonymous with an entire class of products. Xerox Corportation regularly takes out full-page ads in major newspapers and magazines informing people that the copies they make are photocopies, not “Xeroxes.”

Coca-cola take pains to inform people that not all cola-flavored soft drinks are “Coke.” Other problems may include product confusion, such as a mom-and-pop store in New England named after owners, Bloomingdales, or knockoff purses and watches sold with designer labels like Kate Spade and Rolex.

A related area involves the commercial exploitation of any image, as when an entertainer has developed and exploited a unique style and does not want it copied by imitators. One of the earliest cases in this area involved the estate of Bela Lugosi, the actor who created the movie character of Dracula.

Such lawsuits are commonplace today as media personalities, from movie stars to musicians to athletes to people thrust into the public eye by events, take legal steps to protect their interest in their fame and notoriety.

Many firms that handle copyright cases also handle trademarks. Likewise, many companies that distribute products utilize trademark lawyers in-house. In addition, because of the close relationship between trademarks and marketing, marketing agencies may also be involved in trademark issues.

Since a trademark or logo may be designed by a marketing firm, there may even be issues as to who wants the trademark, the marketing agency or the product manufacturer or distributor.

Human Factors In Vehicle Collisions

Human factors in vehicle collisions include all causes that relate to drivers as well as other road users that could contribute to a crash. Examples include visual and auditory acuity, driver behavior, decision-making ability, as well as reaction speed.

A report in 1985 based on American and British crash statistics found intoxication, driver error, and other human causes contribute partly or wholly to about 93 percent of collisions.

An RAC assessment of British drivers revealed that most believed they were more superior than average motorists; a result was revealing overconfidence in their skills. The majority of drivers who’d been in a collision did not consider themselves to be guilty. One study of drivers showed that they found the key fundamentals of good driving were:

•    controlling a vehicle as well as a real knowledge of its capabilities and size
•    reading and acting in response to road signs and conditions, weather and environment
•    alertness, anticipating and understanding other drivers’ behavior.


Although expertise in these abilities is taught and assessed as part of the exam, still, an excellent driver can be in danger of crashing since:

    …being confident in increasingly challenging circumstances is experienced as the indication of driving skill, and that proven ability emphasizes the feeling of confidence, which feeds itself and can grow unchecked until something occurs – a motor vehicle accident or a near-miss.

An AXA study concluded that Irish drivers are extremely safety-conscious compared with other European motorists. On the other hand, this doesn’t translate to considerably lower collision rates in the said country.

Accompanying modifications to road projects have been full-scale adoptions of guidelines of the road along with law enforcement rules that included the setting of speed limits, drink-driving laws, as well as speed enforcement systems like speed cameras. Driving tests in some countries have been extended to assess the behavior of a new driver during emergencies, as well as their hazard awareness.

There are demographic variances in collision rates. For instance, although young individuals are likely to have excellent reaction times, strangely more young male drivers are drawn into car accident settlement. Researchers observe that many display attitudes and behaviors at risk, putting them in more dangerous positions than other users of the road.

This is revealed by actuaries who fix insurance rates for various age groups, partially based on their sex, age, and vehicle choice. Older drivers who have slower reactions are likely to be caught up in a bike accident. However, this hasn’t been the situation since they are liable to drive less and, apparently, more carefully. Attempts to execute traffic rules can be made difficult by driver behavior and local circumstances. In 1969, Leeming advised that there’s a sense of balance to be implemented when “improving” a road’s safety.

On the contrary, a location that doesn’t look dangerous could have a high collision frequency. In part, this is if drivers view a situation as dangerous, they pay more attention. Accidents could tend to occur when traffic conditions or hazardous road are not apparent at a single glance, or where the circumstances are too complicated for a human to observe and respond to the distance and time available. High frequency of collision is not the indication of the high injury hazard. Accidents are common in places of high vehicular congestion, but fatal accidents happen strangely on rural roads during nighttime when traffic is quite light.

This occurrence has been perceived in risk compensation study, where the anticipated decreases in accident rates haven’t occurred after technical or legislative changes. One research showed that the introduction of better-quality brakes caused more aggressive and rash driving, and another claimed that required seat belt laws haven’t been accompanied by an evidently attributed reduction in overall death rate. Most risk compensation claims offsetting the regulation vehicle effects and use of belt policies has been disproved by research utilizing more precise information.

In the 90s, studies of Hans Monderman concerning driver behavior brought him to the understanding that regulations and signs had a nasty effect on the ability of a driver to cooperate safely with other drivers or road users. Monderman developed the shared space standard, based on the woonerven principles of the 70s. He stated that the elimination of road clutter while letting drivers, as well as other road users, move around with equal precedence, could aid drivers to distinguish environmental clues. They depended exclusively on their cognitive skills, decreasing traffic speeds completely, and causing lower road casualties and congestion.

Some collisions are intended; for example, staged crashes involve no less than one party who expects to smash a vehicle so as to submit well-paid claims to a coverage company. During the 1990s, in the USA, criminals hired Latin settlers to crash cars purposely, frequently by driving in front of another car and hitting the brakes. It was a risky and illegal job, and these Latinos were usually paid $100 only. Jose Luis Lopez Perez passed away when he staged such maneuver, resulting in a systematic study that revealed the increasing incidence of this kind of collision.

Personal Injury Claims, Wet Floor Signs and Accident Lawyers

There are no better means to relax after work than getting a few shots with coworkers at the bar. However, just when you were all set to approach the barkeeper for the tab, a surprising thing occurred: you slipped and fell. You realized that you’re lying on the floor, agonizing an injured hamstring and a concussion–all because a careless staff failed to place a “wet floor” sign when there should’ve been one. Now you need an accident lawyer.

A business man with his working bag
A business man with his working bag

The situation above may be bound by a legal argument, or can be regarded as a recoverable personal injury. According to the calculus of neglect, putting a wet floor sign is mandatory even though there’s a tiny chance of an individual slipping. If the slip caused an injury or damage, the owner of the establishment could be found responsible for compensation damages. In these times, it’s sensible to get assistance from a trustworthy personal injury lawyer to know whether you meet the requirements for filing a claim.

A personal injury attorney at law offers legal representation to an individual who asserts to have suffered injuries– physically or psychologically–because of others’ negligence. These attorneys are skilled and qualified to practice whichever field of law, however, they concentrate on a particular area known as “tort law.” Tort law includes non-economic or economic damages and civil wrongs to an individual’s rights, property, or reputation. A few cases the accident lawyer deals with are not limited to work injuries, slip and fall accidents, and automobile accidents.

The amount of such claim is discerned using various factors such as the loss of earnings (the past and future), property damages, medical expenses, as well as psychological damage. Insurance companies utilize numerous “damage formulas.” Remember that every claim is different, so it is best to get medical evidence initially.