Not long ago while doing some legal research on another matter, I came across a 1988 Idaho Supreme Court case, Hughes v. Union Pacific Railroad, that involved a minor injured while crossing a railroad yard. The case was interesting for a number of reasons, but primarily it sets out the requirements that must be met in order to determine liability when a child is injured due to an “attractive nuisance.”

Four Elements Required to Prove Case of Attractive Nuisance

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State Statutes Limit Liability For Personal Injuries

I recently read a news article which told the story of a 26 year old man in Chicago who had attended a private party at a public swimming pool.  The party was during a time when the pool was closed, but a pool employee allowed the party to take place.  About thirty or so guests attended.  The party ended and everyone left except for the 26 year old man, who, after becoming intoxicated, entered the swimming pool and drowned.  It also turned out that he did not know how to swim. continue reading...

Normally I try to limit my blog to issues involving my area of practice, personal injury law, but the temptation is just too great in regard to the current maelstrom surrounding the immigration law in AZ and the so-called racial profiling it will create.  The president of Mexico and our own president, Barack Obama have condemned the law as being racially motivated and will lead to the violation of civil rights.

Who’s Country Is It, Anyway? continue reading...

Today’s article by Patrick Orr in the Idaho Statesman in connection with an accident involving a cyclist caught my attention for a couple of reasons. First, I had posted a brief reminder just last week on my blog to remind folks to watch out for cyclists and pedestrians as the weather warms up and more people are out and about. continue reading...