Author Archives: Jay Butchko
The Alabama Extended Manufacturer’s Liability Doctrine (AEMLD)
The concept of product liability is one that is simple at its core, but can quickly become difficult to understand. ThIs is because there are different types of defects that a product may have, and the defect can be introduced into the product at countless points in its creation process, which clouds the issue… Read More »
When To File An Alabama Premises Liability Lawsuit
The law of premises liability, at common law, held that a business or property owner is liable for the injuries suffered by visitors to their premises under certain specific conditions. Alabama’s legislature has made slight modifications, but many things about the doctrine remain the same. If you have been injured on another person’s premises,… Read More »
Construction Accidents In Alabama
Construction is one of the most dangerous occupations in the United States, making up a high proportion of workplace fatalities each year. While an employee must do their best to minimize the risk of injury, it is also the responsibility of the employer to ensure that their employees are not harmed in avoidable accidents…. Read More »
Mass Torts In Alabama
A tort is essentially the civil law equivalent of a crime. If someone has been the victim of a tort, they have the right to seek money damages from the alleged tortfeasor (the defendant in their case). If many different people are injured in the same way, they can file suit against the tortfeasor… Read More »
Explaining The Federal Tort Claims Act (FTCA)
When a person’s negligence causes you injury, you have the option of filing suit against them in civil court. If the federal government causes you injury, you will have little recourse in most situations. However, the Federal Tort Claims Act (FTCA) allows individuals to file suit against the federal government in very specific situations… Read More »
Is A Delayed Cancer Diagnosis Medical Negligence?
Medical professionals have a duty to exercise an appropriate level of care when treating a patient, but they are not infallible. Sometimes, medical mistakes rise to the level of negligence that merits a lawsuit; other times, mistakes are simply tragic accidents. Misdiagnoses occupy a strange middle ground; depending on the specifics of an individual… Read More »
Explaining Alabama Sex Crimes
Sex crimes are some of the cruelest that one can perpetrate on another human being. In most cases, the victim is able to remember what they have been through, and the psychological effects can be long-lasting, irrespective of any physical injuries they may sustain. That said, it can sometimes be difficult to establish that… Read More »
Financial Exploitation Of The Elderly In Alabama
Statistics from the National Council on Aging (NCOA) estimate that the financial exploitation of the elderly results in around $28 billion in losses per year. This is a particularly insidious form of elder abuse or nursing home abuse, and while it may not leave physical scars, it can destroy a loved one’s last years… Read More »
The Peculiarities Of Alabama Wrongful Death Law
Wrongful death occurs when a person loses their life due to another person’s “wrongful act, negligence, or omission” – that is, if not for the negligent behavior of the defendant, the deceased person would still be alive. It is a civil tort, brought by the personal representative of the decedent’s estate (though usually on… Read More »
Recovering For Alabama Burn Injuries
Alabama is home to several industries that involve potentially dangerous work, from construction to working on an oil rig. Burns are a regular fact of life for many of these workers, whether from chemicals, explosions, or some other cause – and if you are injured on the job, you may be able to receive… Read More »
