There are many activities that are inherently dangerous, such as using explosives to demolish a building, or keeping wild animals on exhibit in a circus. Yet these activities can be helpful to society generally. As a result the courts have created a doctrine of "strict liability" that attempts to balance the competing interests of allowing socially beneficial dangerous activities while "making whole" persons who may be injured as a result of such activities.

If the facts involve what your state considers a "strict liability" situation, it does not matter how careful the user of explosives may be or how experienced she was. Even if everyone thought the explosives expert was doing the job in as safe a manner as possible, anyone "accidentally" injured in his person or property would be entitled to recover the actual damages the explosion caused. Similarly, if the tiger "accidentally" escapes from what the circus thought was an escape proof cage, and roams the neighborhood, the circus is probably responsible for the consequences of the "accident" no matter how careful the circus was.

In the "wild animal" situation, in most states, no matter what it says on the back of the ticket or the signs on the door say, circus would be "strictly liable" for any injury from wild animals. Of course if you unlocked the lock on the tiger cage, fought off the trainer, and jumped into the tiger cage, that would be a different situation completely as it was your intentional act that put you in danger. And if the tiger ran out of the cage, and injured someone else, the other injured person could recover from both you and the circus because of the "accident".

In the baseball case, the public is presumed to know that foul balls are hit, baseballs are hard, and people who attend baseball games do "assume the risk" in most states. Of course, if the pitcher got mad at the third baseman, threw the ball at him to hurt him, and missed so the ball hit you, the pitcher’s intentional act – although directed to someone else – would enable you to recover actual and punitive damages against him. It’s a bit like the O.J. situation.

Other than tobacco companies, few manufacturers set off intentionally to create and sell an inherently dangerous product and conceal its dangers. Yet there are many products that do injure people, despite reputable manufacturer’s efforts to create good products, and all sorts of government regulations designed to make products safe and well labeled.

If you use a knife to slice a bagel, and cut your hand in the process, neither the manufacturer of the knife, nor the bagel bakery, will likely be held responsible. But if the knife snaps and injures you because of a defect in manufacture, the manufacturer and possibly the distributor and the store that sold it to you will be liable. Similarly if the bagel contains impurities that make you very ill, the bakery may be liable.

If the products do not meet the standards set by the government, or if required government clearance of a product (such as a new drug) was obtained by suppressing negative test results, there will clearly be liability on the part of the manufacturer. A product liability lawyer can assess the facts and circumstances, and also candidly evaluate what a likely recovery might be.

When O.J. Simpson went to the home of his former wife Nicole Brown Simpson, he presumably did so to kill or injure her. It was an "accident" that caused Ron Goldman to be there. Nicole had forgotten her glasses in his restaurant and he was returning them.

Although Goldman was at Mrs. Simpson’s house by "accident", and Simpson presumably did not go there intending to kill Goldman, O.J., according to a civil jury, intentionally murdered Goldman. As a result Goldman’s heirs and estate became entitled to receive both actual damages, which are intended to cover such things as the value of the clothing he was wearing, the loss of his life, and his "pain and suffering" prior to death PLUS millions of dollars in "punitive damages". Punitive damages are designed to punish the wrongdoer, and hopefully to deter him and other potential killers, from future reprehensible conduct.

Generally, lawyers handle accident cases on a "contingent fee" basis. That means that they do not charge you any fee, until and unless they recover money for you. They then receive a percentage of what they help you recover.

In some states, depending on the type of case, the maximum percentage the lawyers may charge is fixed by statute. In others it is what you and the lawyer work out between you. Similarly, in some states the lawyer may advance the expenses of obtaining medical records, accident reports, taking testimony, retaining experts out of his or her pocket, and you may not have to repay the advances unless you win. However in other states, laws require the client to front the out of pocket costs, or obligate the client to repay the lawyer for them, regardless of the outcome of the case.

No. If you get involved in an "accident" and the other person has insurance and reports it to his insurance company, it is quite likely that the insurance company will promptly contact you, by telephone or in person.

You do not have to speak to them, and frequently it is wise to speak to an attorney first. Especially if there are personal injuries, it often pays to speak with an attorney first and have the attorney represent you in your dealings with the insurance company. Most of the time you’ll be far better off.

There are few issues that evoke as much passion in the motorcycling community nationwide as helmets and lane splitting. State laws govern both issues, so if you’re riding across country, or even up, down, or along the coast, you may discover that what was legal in Colorado may not be legal in California. Here is a primer on helmet and lane splitting laws across the U.S.

Helmet laws
Helmet laws are determined by each state and vary across the country. As of 2006, four states have no helmet laws: Colorado, Illinois, Iowa and New Hampshire. Twenty states require helmets for all riders: Alabama, California, Georgia, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New York, North Carolina, Oregon, Tennessee, Vermont, Virginia, Washington, and West Virginia.
The rest of the states have some sort of helmet law, based on age, riding experience and medical insurance. Riders above a certain age (typically 18 to 21) are exempted from wearing a helmet. A handful of states require inexperienced riders to wear a helmet for the first one or two years of being licensed regardless of their age. Two states (Texas and Florida) exempt riders with proof of medical insurance.
For the states that require some type of helmet, the helmet typically must be certified by the Department of Transportation (DOT) and carry DOT approval labels.
States may also require eye protection. This includes states without helmet requirements and states with full and partial helmet requirements.

Lane Splitting
Lane splitting is a driving maneuver commonly practiced by motorcycle riders to move between lanes of slow moving or stopped cars on congested roads.
Lane splitting is only legal in California. The California Highway Patrol says, “Lane splitting by motorcycles is permissible but must be done in a safe and prudent manner.” California lacks specific guidelines as to what is a safe and prudent manner. Two factors used to determine whether squeezing past traffic was done in a safe and prudent manner are the speed of the motorcycle and the speed of the surrounding traffic.
Lane sharing on the other hand, where two motorcycles occupy the same lane, is legal in a majority of states.
The Free Advice website has more information about motorcycle laws.
If you would like a free case evaluation, simply fill out our case evaluation form and an experienced personal injury attorney will contact you for a no-cost, no obligation consultation.

In 2004, 4,008 motorcyclists were killed and more than 76,000 were injured in highway vehicle accidents, according to a January 2006 report available from the National Highway Traffic and Safety Association (NHTSA). Motorcyclists were 32 times more likely to be killed in an accident than car passengers per vehicle mile driven. More than half of motorcycle accidents result from collisions with other vehicles. These statistics highlight the importance of determining fault and insurance requirements in motorcycle accidents.

Fault in Motorcycle Accidents
Who pays for damages in a collision depends on the laws of the state in which it happened and the circumstances of the accident. About half the states have “no-fault” ` laws that do not take into account who caused the accident. Other states have laws that say that the person who caused the accident is responsible for paying for the damages to all parties. Some states take into account how much each party contributed to causing the accident. This is called comparative negligence. (For a list of which states have which types of fault laws, see Car Accidents: Who is at Fault?.)
The same factors that contribute to fault in auto accidents also contribute to fault in motorcycle accidents. These include weather and road conditions, how fast the vehicles were traveling, and whether the drivers were impaired by fatigue or alcohol.
One important factor to consider when determining fault is the helmet requirement for your state. Only four states, Colorado, Illinois, Iowa and New Hampshire, do not have any helmet laws. As of January 2006, 20 states required all motorcycle drivers and passengers to wear helmets while riding, while the other 26 states have laws that require helmets for inexperienced riders or riders under a certain age (usually 18). Head injuries are a top cause of death in motorcycle accidents. Wearing a helmet reduces a motorcyclist’s risk of a fatal head injury by 40 percent and of a non-fatal injury by 15 percent. States that have enacted universal helmet laws have reported 15-32 percent drops in the annual number of motorcycle-accident deaths. (Click here for more information on head injuries.) If you have been injured in a motorcycle accident, you should contact a lawyer to advise you about fault standards in your state. If you would like to have an experienced personal injury attorney review your case, fill out our free case evaluation form.

Insurance for Motorcyclists
As with auto drivers, motorcyclists have to meet their state’s licensing requirements, register their motorcycle with the Department of Motor Vehicles (DMV), and obtain insurance. Licensing requirements vary from state to state and may include a written test, a driving test, or completion of state-approved motorcycle training. The NHTSA reported that one out of four motorcyclists involved in accidents did not have a valid motorcycle license. Check with your local DMV office to find out motorcycle license laws for your state.
Likewise, minimum insurance requirements vary from state to state. You should contact your insurance agent before buying a motorcycle or scooter. Some states require insurance before you can even drive the bike home from the dealer. Most states require some liability coverage (to pay for damages when the motorcyclist is at fault) at a minimum. Insurance companies offer many types of insurance in addition to liability: collision/comprehensive coverage to help repair or replace a motorcycle is damaged, uninsured motorist coverage in case the other driver is not adequately insured, and medical coverage in case your health insurance carrier does not cover injuries from motorcycle accidents. Factors that will normally be considered in the cost of insurance are the type of motorcycle or scooter, your age and driving history, and how much you will use the bike.

A Note About Scooters
Laws about scooters and mopeds vary significantly from state to state. In general, a person has to be 16 years old in order to legally drive a scooter. Some states (such as California) class any scooter with an engine larger than 49 cc as a motorcycle and require scooterists to follow all the same licensing and insurance requirements as motorcycle drivers (though scooters are not allowed on freeways or highways in any state). Other states require scooterists to obey the same safety and riding laws as bicyclists, such as complying with traffic laws and riding on the right side of the street near the curb if not going at the speed of auto traffic. Check with your local DMV for scooter laws in your state.