Author Archives: Jay Butchko
Legal Issues with Scooter and Moped Accidents
Nowadays it seems like everything has a small motor or miniature engine on them. Commonly called “scooters,” these devices, which may have 2 or 3 wheels, and which may look like no more than a skateboard moving on its own power, are being used commonly, and even, whether legal or illegal, may share the… Read More »
To Win a Negligence Case, You Need to Show Duty
We tend to think of negligence as being careless, or making some mistake that causes an injury to someone else. That’s true, but legally, negligence is a bit more complex than that. To win a negligence case, a victim needs to show four separate things: duty, breach, causation and damages (or injury). It’s the… Read More »
Dog Injury Cases: Who Will Pay?
When someone’s dog bites or injures you, you can sue the owner for your injuries and damages. That much, as a basic concept, you may already know. But there are some practicalities when it comes to actually receiving the compensation that a jury might award you, after a dog bite injury case. Just because… Read More »
Defenses Property Owners Use When They are Sued
When we are injured on someone’s property, and there was clearly something dangerous there, we tend to think that it will be an “easy” case. After all, property owners have a duty to keep their property safe, and free from hazards like debris on the floor or items falling from above, or even from… Read More »
The Defendant Wants to Pay You in a Structured Settlement…What is That?
Imagine that your case is in litigation, and you get a call from your attorney. The other side wants to settle and perhaps, wants to offer you an amount that seems like fair compensation. But they want a structured settlement. What exactly is that, and should you accept it? Payment Over Time A structured… Read More »
Injuries to Trespassers and Attractive Nuisance
Nuisances are things or situations that you want to avoid or stay away from. So how can you have a nuisance that is attractive—that is, a nuisance that actually draws you or people in general, to that nuisance? Although attractive nuisance sounds like a contradiction, in law, it has a very specific meaning, and… Read More »
Local Roads are Safer Than State Owned Roads–But Why?
What do you think makes a road safe? Or, what factors do you think play into whether or not accidents are more or less likely to happen on a given road? One factor you may not have given much thought to, is who owns the actual road. Who Owns Roads? Most roadways are, of… Read More »
What Kinds of Cases Warrant a Punitive Damage Award?
Punitive damages have a unique place in the law. Unlike many other forms of damages, which are meant to make a victim whole, or compensate him or her for losses, punitive damages serve a different purpose: to punish a wrongdoer, and deter that person or society from doing the same thing in the future…. Read More »
Burn Injuries Are Serious, and More Complex Than You May Think
One of the more terrible, not to mention painful injuries that can happen following an accident, is a burn. Many people think that burn injuries simply come from fire, but that’s not actually true. You can suffer burn injuries in a number of different ways—and not all burn injuries are the same. How Burn… Read More »
Parking Lots Are More Dangerous Than You Think
There is a general feeling that parking lots are safer places to drive, or to walk. Cars drive slower, meaning most accidents are just “fender benders.” There are no traffic lights to run through. And drivers expect pedestrians to be walking, so presumably, drivers watch out for them more than they would on an… Read More »
