Barry S. Balmuth, P.A.
Personal Injury Newsletter
DUTIES AND LIABILITIES OF MOTOR VEHICLE DRIVERS
 
A motor vehicle driver generally has a duty to exercise ordinary care in the operation of his or her motor vehicle so that he or she does not endanger the safety of other people who are using the highways. Ordinary care means the amount of care that a reasonable person would use under same or similar circumstances.More...
 
Trespass
 
Trespass is a physical invasion of a property owner's land. A person may be liable to the owner if he causes a trespass, even if he did not know that it was the owner's land.More...
 
Bad Faith of Insurer - Overview
 
If an insured does not think that his insurer handled his claim properly, he may have some recourse. Every contract contains an implied covenant of good faith and fair dealing that neither party will hinder the right of the other to receive the benefits of the contract. The duty imposed by this covenant applies to insurers and insureds. Some courts go so far as to hold the insurer to be a fiduciary to the insured.More...
 
Protecting a Good Reputation
 
The law of defamation exists to provide some protection to a person's deserved good reputation. What is a person's reputation? It is the esteem to which the person is held or regarded by others. Every person who does good and does not cause harm to others tends to develop a good reputation. It is good to have a good reputation. Others may reasonably rely on a person's good reputation in dealing with that person. It is wise to prefer to do business with a person who has a good reputation.More...
 
Liability of Partners and Joint Venturers
 
Generally, each member of a partnership or joint venture is vicariously liable for the wrongful conduct of another member if the wrongful conduct occurs within the scope and course of the affairs of the partnership or joint venture. Therefore, each member of a partnership or joint venture will be liable for personal injuries caused by another member's negligence if the negligence occurs within the scope and course of the affairs of the business.More...
 
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