Honors: The Honorable Louis M. Welsh Endowed Scholarship
Certifications
Super Lawyers Rising Star
Super Lawyers
2021
Awards
Rising Star
Super Lawyers
2020
Publications
Board of Pharmacy Review
California Regulatory Law Reporter
January 1, 2012
Speaking Engagements
Child Injury, Bullying, Harassment, and Education Law, Special Education Law Made Simple , Fargo, ND
Legal Answers
Q. Should I get a lawyer?
A: Premises liability cases, like most negligence cases, have two major components: Liability and Damages. Both need to be proved by a preponderance of the evidence in order to prevail. Let's break them down: Liability: This has to do with whether or not the defendant/wrongdoer/tortfeasor had a duty of care to the injured person/victim/plaintiff. A duty arises when there is a requirement for an individual or business to adhere to a reasonable standard of care while performing an act that could foreseeably lead to another being harmed. For liability to attach, there then needs to be a breach of this duty. In short, the person or business acted unreasonably in creating the unsafe condition or environment. There also needs to be causation - meaning that the action (or inaction) of the defendant caused the harm. If these are all established, then so is liability. Damages: This is pretty much as simple as it sounds. Damages can come in the form of physical injury, emotional harm, or financial harm. There are two types of damages: Special and General. Special damages are tangible damages that we can calculate such as medical bills or lost wages. General damages are a little more arbitrary and consist of things like pain and suffering or humiliation. I do not know the specifics of the unsafe condition you encountered at the QuikTrip, but if all of these elements are met - then technically you would have a case. As always, I recommend reaching out to an attorney that is experienced in this area of law for a consultation. Hope this helps!
March 4, 2021
Fees
Free Consultation
Credit Cards Accepted
Master Card, Visa, Discover, & American Express.
Contingent Fees
Cookies are used to improve your browsing experience, By selecting "Accept All,"
you agree to the usage of cookies.