Idaho Law Blog

The National Highway Traffic Safety just slapped an airbag maker with the biggest fine in the agency’s history, $200 million.

The defective air bags supplied by Takata have been blamed for seven deaths and nearly 100 injuries in the United States. The defective bags have a potential to explode, sending deadly metal fragments flying.　 The Japanese company agreed to recall approximately 34 million vehicles earlier this year.

You can find out if your vehicle is affected by going to the NHTSA site. You will need to provide your Vehicle Identification Number, or VIN, which is commonly found on the driver’s door frame and the driver’s side dashboard near the window.　 The site will also let you know of any other recalls affecting your vehicle.

Most people have heard about the McDonald’s spilled coffee case.　 It was the poster child for what is called tort reform – legislation to cap or limit awards for injuries.　 What most people don’t know is what occurred in that case.

McDonald’s, unlike other fast food companies, served their coffee at a piping 185 degrees, 20 degrees hotter than their competitors. Their apparent thought was that if you took your coffee home from the drive thru, it would still be hot when you got there. They did this despite knowing coffee that hot can cause third-degree burns. And they were aware of some 700 prior incidents of burning customers.

Along came an 81-year-old woman who had never sued anybody before. She was a passenger in her grandson’s car.　 When she opened the lid to add sugar and cream, she spilled the coffee on her lap, resulting in third degree burns on her groin, thighs and buttocks that required skin grafts and a seven-day hospital stay. She suffered permanent scarring on more than 16 percent of her body.

Guns are an important part of life in Idaho. They are used on farms and ranches, for hunting and targets, and home defense. But they are dangerous and must be handled carefully. On November 2, 2015 at a gun show in Garden City, Idaho, a gun accidentally discharged and struck two people.

There are various people who could be held responsible for such an injury. Perhaps it was the person holding the gun. Or, it could have been the vendor or even those responsible for the show. However, this is not really the issue. We all agree that people responsible for a gun must be careful so that those around them will not be injured. Even a small accident can result in terrible injuries or death.

If you need help in this area, let us know. We’ll be glad to help.

Due to increased distracted driving, text messaging while driving was outlawed in Idaho in July, 2012. A person can still text while driving if it is done in the hands-free mode. In addition, a driver can use their cell phone while they are driving if they are simply talking on it. Idaho does have inattentive and reckless driving statutes that law enforcement can use to ensure that people are driving safely while using cell phones.

The real question is whether the use of a cell phone is worth the life of you or a loved one. Of course not. Furthermore, by encouraging others not to engage in this reckless activity, it makes the roads a safer place for all of us. If you or a loved one have been injured, let us know. We’ll be glad to help.

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Negligence is a word used to describe the conduct of a defendant. However, conduct alone does not constitute a cause of action. Generally, to establish a cause of action based upon negligence, a plaintiff must establish:

1. A duty recognized by law requiring an actor to conform to certain types of conduct for the protection of others;
2. A failure to comply with the required standard;

Joint and several liability arises in those occasions where there are multiple participants engaged in negligent conduct. If a third person is harmed because of the participants negligent acts, each participant is liable for the harm to the third party because by participating in the negligent act, they induced, encouraged, or help cause the resultant injury and damages.

By way of example, if two cars are racing side by side on a two lane road, one lane in each direction, and the car driving in the opposing lane collides with another vehicle traveling the opposite direction, not only is the driver who was driving on the wrong side of the road liable, but so is the other car driver who was racing, but was in its own lane and did not crash into the third party.

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