Exculpatory clauses in contracts are used to limit or extinguish the liability of one party whose negligence caused another’s injuries. These clauses, which can take the form of waivers, assumption of risk agreements, indemnity clauses, and others, relinquish one’s right…

What is Liability? The legal concept of liability focuses on whether a defendant had a duty or responsibility to the plaintiff. In the U.S., plaintiffs must demonstrate that the defendant had an affirmative duty to them. Certain professions have clear…

Technology is an ever-changing, omnipresent aspect of our everyday lives. As such, there is an increasing number of ways our privacy and personal information can be compromised. Biometric data—physical characteristics of a person that can be used as a digital…

The potential for employees to contract COVID-19 at their place of employment has been a huge issue during the current pandemic. This is especially true for essential workers who continued to clock in hours despite a nationwide shutdown when the…

As COVID-19 continues to spread, the question of viral transmission liability has been top of mind for all types of business and public venues. In response, several states have enacted laws to limit liability for certain industries or entities. The…

The COVID-19 pandemic—among its many consequences—has created an unprecedented flurry of related litigation. From workplace safety complaints and business interruption insurance claims, to university closures and lawsuits seeking tuition refunds, COVID-19-based litigation seems to have infiltrated every aspect of day-to-day…

A recent appellate court ruling has thrown a significant roadblock in front of Amazon’s frequent defense against liability for defective products sold onsite via third parties. On August 13, 2020, Judge Patricia Guerrero, of the Fourth Appellate District, Division One…

Most studies on medical malpractice claims in the United States do not specifically isolate instances of patient abandonment, so there is little concrete data on this phenomenon. A study conducted on the rates of medical malpractice lawsuits in the United…