Product Liability

July 29, 2024

Would You Settle for Less?

Part of our job is to attempt to keep up with what our opponents (the insurance industry and their lawyers) are thinking and doing. One of the many ways we try to do that is by reading insurance industry publications such as Claims Journal. In a recent Claims Journal article, the author interviewed Harish Kapur, CEO of Across America Insurance Services. Mr. Kapur’s comments are nothing new to us, but they are a good reminder to anyone who is considering filing a personal injury or wrongful death claim. Here are three key take-aways:

The insurance companies handle injury claims all day-every day, while this is hopefully your one and only injury claim.

Mr. Kapur bragged about his “crack team of in-house adjusters” and how they “have to know everything about the file.” The insurance adjusters know what information is critical. They know how to ask questions and frame the narrative during a recorded statement. They are trained how to interview witnesses and scour the internet for information on you.

February 26, 2024

What Is a Release of All Claims?

by The Law Offices of John Day, P.C.

For Valentine’s Day, I received a gift card for a spa. When I began to book an appointment online for the massage, I was asked to electronically sign a Release of All Claims. Among other things, the Release of All Claims for a massage at this spa stated that if death resulted from the massage, then the spa was not responsible. There were also other excessive provisions. I declined to sign the Release of All Claims, and the spa was kind enough to refund the purchased gift card, but the outrageousness of their request is not particularly isolated. Every day, businesses ask their prospective customers to sign releases before providing services or allowing participation in activities. As such, we thought it would be good to review what exactly is a release of all claims. Continue reading

November 3, 2023

Don’t Be Cute

by The Law Offices of John Day, P.C.

Litigation is fighting with rules, confrontation with a referee. Most people do not enjoy confrontation, and for others, it brings out their worst. If you are involved in litigation or have a claim that may result in litigation, please take our advice: don’t get cute. A few news articles lately have shown what happens when people try to get cute during litigation. Continue reading

January 20, 2023

“We’re Not the Suing Family”

by The Law Offices of John Day, P.C.

Kristen Chenoweth, the Emmy and Tony winning actress, has a new book out, and this week she has been giving interviews to promote it. In the interviews, she has talked at length about the serious injuries she sustained in an accident on the set of the television show “The Good Wife.” Lighting equipment on the set fell and hit her causing a fractured skull, a fractured rib and nose, broken teeth and other long-lasting injuries. Chenoweth’s Dad counseled her to get legal representation. She did not. She now regrets it. Here are some things you should think about if you are hurt in an accident and are reluctant to seek legal representation. Continue reading

November 16, 2022

Accidents with Self-Driving Cars

by The Law Offices of John Day, P.C.

Self-driving cars are not really “self-driving.” Instead, manufacturers warn drivers of autonomous vehicles that they must remain in control of the vehicle. For instance, Tesla states: “keep your hands on the steering wheel at all times” and to always “maintain control and responsibility for your vehicle.” ProPILOT (Nissan/Infiniti) and SuperCruise (GM) focus on the fact that those programs are an assistance feature and not a substitute for a human driver. And yet, a recent study by the Insurance Institute for Highway Safety (IIHS) found that 53% of SuperCruise, 42% of Autopilot (Tesla) and 12% of ProPILOT said they were “comfortable treating their vehicles as fully self-driving”. Perhaps not surprisingly, in the event of an accident, drivers using a self-driving vehicle could face legal trouble – both criminal and civil. If you have a self-driving vehicle or you have been injured in an accident with one, read on for the latest.

July 13, 2022

I Want a Lawyer and a Sandwich. Oh, and I Want to Update My Facebook Status

by The Law Offices of John Day, P.C.

It is fascinating to see what some people search for on the internet. “I want a lawyer and a sandwich” is commonly searched because of a popular line in the 2011 movie titled Blitz. A sassy criminal suspect delivers the line in response to being placed in police custody. Of course, most internet searches focus on more routine and basic legal issues such as “When do I need a lawyer for a car accident?” and “How do I hire a lawyer with no money?” and “Can anyone be your lawyer?” We have rounded up some of the most common questions and answered them. Read on. Continue reading

June 2, 2022

The Problem with Advice

by The Law Offices of John Day, P.C.

We all give advice. Whether you are a lawyer, teacher, parent, doctor, plumber, etc.., at some point, someone is going to ask for your advice. But here is the thing about the advice you seek: you do not know how good it is until you do the exact opposite.[1]

Why do people not follow advice? Well, some folks do not really want advice. They want permission. They are only asking as a way of confirming what they wanted to do in the first place. The other main reason people do not follow advice is because it is not easy. Having the discipline to do what you know you should do can be hard i.e., exercising, saving for retirement, studying for exams, etc. So, we thought we would give you some important legal advice that is easy to follow and, trust us, you won’t know how good it is unless you don’t follow it. Continue reading

May 17, 2022

How To Win an Accident Case?

by The Law Offices of John Day, P.C.

If you have Googled “How to Win an Accident Case” or “How Much Can I Sue for in an Accident Case” or “How to File an Accident Lawsuit” or anything similar to these types of searches, please proceed with extreme caution. If you were in an accident with very minor, fully resolved injuries (like your neck was a little sore for a couple of days and without any medical intervention it completely improved), you do not need a lawyer. But anything beyond that, you really should, at a minimum, consult an injury lawyer. Now let us tell you why. Continue reading

March 7, 2022

Vehicle Safety Recall Week

by The Law Offices of John Day, P.C.

March 7^th through the 13^th is the National Highway Traffic Safety Administration’s (NHTSA) National Vehicle Safety Recall Week. Since 1966, when NHTSA was given the authority, the agency has recalled almost 400 million cars, trucks, buses, RVs, motorcycles and mopeds. In addition, the NHTSA has recalled more than 46 million tires, 66 million pieces of motor vehicle equipment, and 42 million car seats due to safety defects. Do you know how this federal agency decides a recall is warranted? Do you know how the safety recalls work? Do you know how to make sure you receive notice of a safety recall?

February 8, 2022

Incredible Advancement for Spinal Cord Injury Victims and Its Impact on Litigation

by The Law Offices of John Day, P.C.

In 2017, Michel Roccati was involved in a motorcycle accident. His spinal cord was completely severed and he was rendered paraplegic. Recently, doctors implanted an electrode in his spine and he is now able to walk again, and not just a few steps with lots of assistance, but a mile with a simple rolling walker. This could be a game-changer for people who suffer paraplegic and quadriplegic injuries in car, motorcycle, truck and other types of accidents. In the meantime, how could this change the lawsuits and recoveries arising from those accidents? Continue reading