Tort Liability for Highway Maintenance

The massive collapse of an interstate highway bridge in Minnesota in 2007 has served as a stark reminder of the problems created by the aging infrastructure in the United States. Numerous less dramatic examples of the consequences of failure to properly maintain and repair highways and associated structures such as bridges and tunnels have led to the bringing of legal actions claiming damages for deaths, personal injuries, or property damage caused by such occurrences. Such actions can involve both governmental units and contractors who perform highway repair and maintenance work on behalf of those governmental units.

Design Defects in Automotive Products Liability Cases

The basic elements of proof that a plaintiff in a products liability action against the manufacturer or seller of a car or truck has to establish are that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when the vehicle was used for its intended purpose and that the defect caused an accident or similar incident, such as a vehicle fire, that resulted in the loss for which the plaintiff is seeking to recover damages. Allegations of product defect in automotive products liability cases include inadequacies in vehicle design, errors in the manufacture of vehicle parts and their assembly into a completed car or truck, and failure to warn users of a vehicle about dangers inherent in its use.

Manufacturing Defects in Automotive Products Liability Cases

The essential things that have to be proved by a plaintiff in a products liability action against the manufacturer or seller of a car or truck are that the vehicle contained a defect that created an unreasonable risk of danger when the vehicle was used for its intended purpose and that the alleged defect caused the occurrence of a collision or similar incident, for example a vehicle fire, that resulted in the death, personal injury, or property damage for which the plaintiff seeks to recover damages. Such alleged defects in a vehicle may include shortcomings in its design, errors in the manufacturing of its numerous parts and their assembly into a complete car or truck, or failure to properly warn the purchaser or user of some danger inherent in the operation and use of the vehicle.

Punitive Damage Exclusions in Motorists Insurance

Some automobile insurance policies have clauses that specifically exclude the payment of punitive or exemplary damages against an insured. Punitive or exemplary damages do not pay for bodily injuries or property damage. They are awarded over and above payment for those items. Punitive or exemplary damages are intended to punish the person who caused the injuries or damage or to make that person an example to deter others from such conduct.

Proof of Loss Obligations

When an insured has suffered a loss and wants to prove coverage under an automobile insurance policy, the insured must show the issuance and delivery of the policy, payment of the premium, a loss caused by a risk insured against, and notice and proof of loss to the insurance company. The proof of loss must give the insurance company adequate data from which it can determine its liability under the policy. The proof of loss must be in writing and set forth the injuries or damage sustained. A valuation of the loss should also be provided.