William Tinkler, Jr. Attorney At Law, P.C.
Personal Injury Newsletter
The Fellow-Servant Rule
 
Traditionally, the "fellow-servant rule" barred an employee's personal injury action against his or her employer if the employee's injury was caused by a co-worker. More...
 
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 the same or similar circumstances.More...
 
Procedure in Cases Involving Recreational Boating Accidents
 
If a federal court has jurisdiction over a recreational boating accident, special procedural rules will apply to the accident. These special procedural rules include a lack of a right to a jury trial, rules regarding third parties, rules regarding venue, and whether federal or state law will apply to the accident.More...
 
Federal Teacher Protection Act -- Preemption of State Law
 
The federal Teacher Protection Act (TPA) preempts state laws to the extent that such laws are inconsistent with the provisions of the TPA. However, the TPA does not preempt state laws that provide additional protection from liability to school employees. More...
 
Negligence Per Se
 
Ordinarily, a jury determines whether a defendant was negligent in a personal injury action. However, in some cases, a court may determine that a defendant was "negligent per se." If a court determines that a defendant is guilty of negligence per se, then the defendant's negligence is conclusively established and the plaintiff is not required to offer further evidence of the defendant's negligence. More...
 
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