Sexual Abuse at the Gym: Who Is Liable?
Published on March 18, 2021, by Law Office of Matthew L. Sharp
Personal Injury
Gym operators, trainers, staff, or other trainees can be liable for sexual abuse at the gym. Sexual abuse can involve just one incident of abuse or a series of abusive behaviors and acts. Examples of sexual abuse at the gym include undesirable sexual advances, jokes, hints, suggestions, offensive comments, or the display of pictures that target a person because of his or her sex. The severity or prevalence of the sexual abuse could influence which damages the victim will recover. The more severe the abuse, the bigger the [...]
Common Causes of ATV Accidents [infographic]
Most all-terrain vehicle (ATV) accidents occur because of driving over unfamiliar areas, performing dangerous stunts, and transporting extra passengers. They may also happen because of inexperience. Consumption of alcohol or drugs also increases the risk of these accidents. (Article continues below infographic) What Are the Common Causes of ATV Crashes? Driving Over Unfamiliar Areas Riding ATVs over unfamiliar terrain increases the risks of an accident. Before accelerating the speed, a driver should first acquaint himself or herself with the terrain. He or she can ride over the road [...]
Understanding the Eggshell Skull Rule
Published on January 4, 2021, by Law Office of Matthew L. Sharp
Personal Injury
The “eggshell skull rule” helps ensure that plaintiffs can recover compensation for damages caused by another party’s negligence even if the injuries might not have been as severe but for the plaintiff’s preexisting medical condition or vulnerability to injury. What Is the Eggshell Skull Rule? Under the eggshell skull rule, a defendant remains liable for injuries caused by negligence or an intentional act regardless of the plaintiff’s increased susceptibility to injury. The rule effectively protects plaintiffs who have pre-existing conditions that increase the risk or severity of injuries in [...]
Hidden in Plain Sight: When Hotels May Be Liable for Human Trafficking
Published on October 19, 2020, by Law Office of Matthew L. Sharp
Personal Injury
The Trafficking Victims Protection Act (TVPA) states that hotels can be held criminally and civilly liable for sex trafficking that occurs on the premises. An employee knowingly renting a room to a trafficker or a “sex buyer” using the room for a commercial sex act makes the hotel liable under TVPA. What Are Hotels Duty to Fight Human Trafficking? According to federal law, those who pay for sex acts are considered traffickers. Under TVPA, sex trafficking survivors or the federal government can file a lawsuit against a trafficker. However, a suit can [...]
Was Your Uber Driver Too Tired to Drive?
Published on October 5, 2020, by Law Office of Matthew L. Sharp
Car Accident
Tired Uber drivers put passengers and others on the road at risk. These drivers may be skirting Uber’s rest requirements by working for other rideshare companies or doing other activities instead of resting. While a rider cannot prevent getting a fatigued driver, he or she should be aware of the risk. Uber’s Rest Requirements Are Easy to Swerve There is currently no way to accurately monitor how tired an Uber driver may be. Because of this, these drivers put others at risk of injury if he or she is not well-rested [...]
Over 200 Deaths Per Year Linked to Underride Crashes
Each year, more than 200 deaths are linked to underride crashes. Many of these fatalities could have been prevented if large commercial trucks were required to be equipped with side and front underride protection. What Are Underride Crashes? When large trucks are not equipped with side and front underride protection and they collide with smaller vehicles, passenger cars can slide partially or completely underneath the trailer. Underride collisions are some of the most deadly types of crashes, accounting for approximately 25% of fatalities from truck-involved accidents. A crash [...]
Did a FedEx Truck Cause Your Crash?
When a FedEx truck causes a crash, the driver, FedEx, the contracting company, and even the vehicle manufacturer may be held liable for injuries and losses. In some cases, victims can recover compensation from a combination of negligent parties. FedEx trucks are routinely involved in crashes with passenger cars, motorcycles, and pedestrians that result in injuries and fatalities. Are FedEx Crashes on the Rise? The FedEx Corporation, based in Memphis, Tennessee, is the second-largest courier company in the United States. FedEx delivers more than 15 million packages to [...]
Teacher Sexual Misconduct: Holding Schools Accountable in District Court
Published on September 7, 2020, by Law Office of Matthew L. Sharp
Personal Injury
When teacher sexual misconduct occurs at school, federal laws allow parents to hold schools accountable in District Court. Filing Legal Actions for Teacher Sexual Misconduct Under federal law Title IX, public schools that receive federal funding can face legal actions for teacher sexual misconduct. If a child is sexually abused at school by a teacher, school employee, or fellow student, parents may file a lawsuit with a school sexual abuse lawyer holding the school accountable in District Court. Schools are required to protect students while they are on [...]
What You Should Know About Personal Injury Annuities
Published on September 4, 2020, by Law Office of Matthew L. Sharp
Personal Injury
Personal injury annuities allow plaintiffs to recover their losses over a set period of time which can offer a number of benefits. When a settlement offer is made, the individual’s personal injury lawyer will explain the terms of the settlement and the annuity. This can help the individual with long-term financial planning and make it easier to manage the settlement funds. Annuities are popular and it is estimated that more than $6 billion in new structured settlements are generated each year. How Do Annuities Work? Annuities are similar to insurance [...]
Can Private Schools Be Held Accountable for Sexual Assault by Teachers?
Private schools can be held accountable when teachers sexually assault students. Although private schools do not receive federal funding and they are exempt from Title IX requirements that allow lawsuits for sexual abuse or harassment, they have a duty of care to protect students from harm. What Is the Private School Liability for Sexual Assaults? Under federal law, schools that receive government funding under Title IX can be held legally liable for teacher sexual misconduct. Title IX provisions in the Educational Amendments Act of 1972 allow parents to file [...]
