Section Newsletters

Articles From Brion W. Doherty

Dealing with the “Fatal Gap” in Causation Problem in Medical Negligence Cases By Brion W. Doherty Tort Law, October 2024 One issue that plaintiffs may encounter in proving proximate cause, especially in failure to diagnose cases, is the issue of a “fatal gap” in causation. 
What Can You Do If Your Client Signed a Release? By Brion W. Doherty Tort Law, April 2024 A release may be unenforceable if neither plaintiff nor defendant understand the true nature of the plaintiff's injuries on the date the release is signed.
Premises Liability: Tort Liability of Installer By Brion W. Doherty Tort Law, February 2023 From time to time, a person or company that installs products at a premises will install them in a form or fashion that renders the premises dangerous.
Negligent Security Claims Against a Landlord, Property Manager, and/or Security Company By Brion W. Doherty Tort Law, September 2022 Third-party criminal attacks are generally not something for which an owner, operator, or security company will be liable, however, this general rule has limitations that require examination when investigating such cases.
Premises liability: Open and obvious claims By Brion W. Doherty Tort Law, November 2018 In cases involving a dangerous condition that is arguably open and obvious, a plaintiff must be able to clearly delineate the circumstances under which the plaintiff encountered the condition in a way that will create a question of fact about whether or not it was reasonable, under the circumstances, to appreciate the dangerous condition.

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