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An Answer to the Intentional Tortfeasor Question

Paul Shakespear June 29, 2015

After years of defending product liability and other tort cases in Nevada, I find Utah’s allocation of fault system refreshing. In Nevada, product liability defendants and some other tort defendants are subject to joint and several liability. Utah product liability defendants, in contrast, are responsible only for their percentage of fault as determined by Utah Code section 78B-5-819. Nevada courts

Life Care Plans and the Patient Protection & Affordable Care Act

Bret Perry May 14, 2015

Future medical expenses often represent a significant portion of damage awards in medical malpractice and personal injury actions. Often, following trial, the injured party will require medical care and treatment into the foreseeable future. Consequently, medical experts and life care planners attempt to quantify the medical needs and associated costs in a line item fashion as an element of economic

Can a Retailer or Distributor Be Liable for a Product It Didn’t Design or Manufacture?

Elisabeth McOmber April 30, 2015

The short answer is – it depends. Utah case law has established what is commonly referred to as the passive retailer doctrine. This doctrine creates an exception to Utah’s Product Liability Act, which states that a manufacturer or seller of a product may be held liable for injury caused by the product if found to be defective and unreasonably dangerous.

Utah’s Causes of Action in Products Liability Cases

Douglas Cannon April 30, 2015

In 1979, the Utah Supreme Court in Ernest W. Hahn, Inc. v. Armco Steel Co., 601 P.2d 152 (1979) adopted the doctrine of strict liability as set out in the Restatement of Torts 2d, Section 402A. This section imposes liability in tort without proof of negligence upon “one who sells any product in a defective condition unreasonably dangerous to the

Current Alternatives to Reunification Therapy

Mitchell Reichman April 30, 2015

Divorces are traumatic to children. During or after a divorce, a child may reject one of their parents by resisting or refusing to engage with that parent. Upon request, Arizona family law judges may appoint a mental health professional to act as a therapeutic interventionist (TI) to reconstruct the relationship or may direct an alternative process such as an intensive

The Erosion Of Medical Claims Protection

Christopher Mars March 6, 2015

Patient falls in nursing homes and hospitals may no longer be afforded the legal protections of medical claims after a recent appellate court decision. In December, the Tenth District Court of Appeals issued an opinion which further eroded the medical claim protection by holding that a fall in a nursing home unrelated to medical care or treatment is an ordinary

PTSD And The Injured Worker – Victimized Twice

Angela Hardway March 6, 2015

One of the most challenging areas in workers’ compensation is psychological injuries and their relation to physical injury. Imagine the effect of an injury – whether minor or catastrophic – on a person struggling with anxiety or depression or on someone who had never been injured previously and suddenly finds their life turned upside down without resources to cope. In

Subrogation: The Newest Challenge For Personal Injury Plaintiff’s Cases

Nicholas Dodosh March 6, 2015

One of the hottest (and least favorite) issues that plaintiff’s lawyers all across the country are grappling with right now can be stated in one word, subrogation. Subrogation issues in the personal injury context arise when a third-party payer of medical bills (usually Medicare, Medicaid or a private health insurance company) makes a claim for reimbursement out of the subsequent

Prelitigation Hearings in Medical Malpractice Cases

John Ray March 3, 2015

In Utah, medical malpractice tort reform began in earnest in 1976. Over the intervening years, the reforms have multiplied. New layers of limitations and procedural complexity have developed, seemingly by accretion. Almost nothing has been discarded. The result is a web of time-consuming requirements that a prospective claimant must successfully negotiate before ever filing a lawsuit. In 1976, a petitioner

The Perils of the Plea Deal in Assault Family Violence Cases

Sheridan Lewis February 12, 2015

There is an abundance of misinformation circulating regarding the criminal justice system, and this often materializes through discussions between citizens accused and their friends, family members, acquaintances and anyone they may have encountered in jail after their arrest. Misdemeanor assault family violence cases can be the nexus for bad advice and severe permanent consequences, so it is important to educate

For the Public

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