A Crosswalk’s Tale:  The Price of a Driver’s Inattention

The eastbound crosswalk on 600 East in Logan is a typical neighborhood crosswalk. It has the standard white, reflective crosswalk paint we’ve all seen, and it connects the sidewalks on either side of the street. Countless thousands of walkers, joggers, students, pet walkers, parents with children on tricycles and others have traversed that crosswalk over the years. The crosswalk has served these people well, demarking a zone of safety, declaring that folks on foot have the right of way, and that car traffic must yield to them, keeping everyone safe.

Informed consent is the legal concept that requires doctors to disclose and adequately explain pertinent information to a patient so that the patient can make a voluntary and informed choice to accept or refuse treatment.  Legally and ethically, patients have the right to make decisions about what is done to their bodies, and physicians have a duty to adequately inform patients about the risks and benefits of medical procedures, drugs, therapies, etc., and to obtain the patient’s consent to the proposed treatment after adequately informing them. 

According to some sources, as of April 11, 2016 there have been over 13,881 shootings of which 3,521 have resulted in deaths, and 7,124 injuries.   Of the 13,881 total incidental shootings, 670 were accidental shootings, which is the second ranked cause of shootings in general; and of the 7,124 injuries and 670 accidental shootings, 1 is our client who was injured by a bullet fired into the air during a fireworks display.  Remember the old adage, what goes up must come down?  Apparently, others need a reminder. 

A slip and fall accident can occur at any time in almost any location, from the wet floor in a ski lodge to a dangerously uneven sidewalk.  Not every situation is the result of a negligently designed or maintained surface, but some are.  There are several different types of slip and fall cases resulting from negligence, which fall within a legal concept sometime referred to as “premises liability”.