When a car accident occurs, after determining if there were injuries and their extent, one of the common questions is, whose fault was it?"
In Missouri, as in many states, the answer is not always simple. Missouri follows a principle known as "comparative fault." The best way to explain this is by an example. Suppose driver Jones is traveling too close to the vehicle and front of him, and when that vehicle stops, Jones has to slam on his brakes and make a sudden stop. Suppose driver Smith is behind Jones, and is ...
A covenant not to compete is a contract provision that prohibits a person from entering into direct competition with a particular company or business. These provisions are common in employment contracts, and are also included in contracts for the sale of a business. However, not all covenants not to compete are enforceable. Missouri courts have found covenants not to compete to be unenforceable where the employee's ability to work is restricted for too long or in too large of an area.
Furthermore, even if a covenant not to compete ...
Prior to August 2005, the medical malpractice cap on non-economic damages in Missouri changed each year. The Missouri Department of Insurance, Financial Institutions and Professional Registration would calculate an adjusted rate each year. However, beginning with cases filed after August 28, 2005, the cap is $350,000, regardless of the number of defendants. There is no adjustment for inflation. The Missouri cap on medical malpractice damages applies to non-economic damages. There is no cap ...
Just before the Memorial Day holiday weekend, Microsoft announced it has changed its end user license agreement so that customers can no longer file consumer fraud class action lawsuits against the software giant. With its Windows operating system used by more than 80 percent of the personal computer market worldwide, this change affects millions of individuals. This also pertains to users of the company's popular Xbox products.
A consumer fraud class action lawsuit involves cases where fraud is ...
Vehicles have continually become safer, primarily as a result of market demand. Car purchasers have long sought vehicles that have the newest and most effective safety mechanisms, whether they are anti-lock brakes, seatbelts or airbags. Despite manufacturers' interest in minimizing costs, they have consistently found value in yielding to customers' demands. One might assume that customer demands will remain the 'driving' force behind improved safety mechanisms for automobiles; however, it ...
When a consumer spends money on a product, he or she expects to receive the product as it was represented by the seller. Although this expectation is entirely reasonable, it is defied all too often. Some of the more recent examples include "toning" shoes that don't actually tone and "all natural" snacks that contain not-so-natural ingredients. Fortunately, consumer protection laws go a long way to prevent these types of incidents from occurring.
Missouri's consumer protection law, called the ...
Robinson Helicopter Company in Torrance California manufactures two different model lines of normally-aspirated piston powered helicopters, the R-22 and the R-44. These helicopters utilize a drive system that transfers power from the engine to the transmission and rotor drive shafts through the use of drive belts. Robinson has experienced problems with this system since the early 1980s.
Robinson issued a service letter discussing premature wear of its drive belts in 1981. The company ...
On June 1, 2012, the FDA issued a consumer warning about Reumofan Plus, a pain reliever manufactured in Mexico. The FDA questions the manufacturer's claims that it's a natural dietary supplement and that it poses no harmful side effects to those who take it. It's commonly taken to relieve arthritis pain and is available for sale over the Internet and in a limited number of retail stores.
The FDA's warning, found on the organization's website, says that Reumofan Plus "contains several active ...
A Wildwood, Mo. woman died May 25, 2012, as a result of a boating accident at the Lake of the Ozarks. Media reports that quote the Missouri Water Patrol indicate the boat she was on collided with a personal watercraft.
According to the latest statistics from the U. S. Coast Guard, there were almost 4,600 boating accidents nationwide in 2011, involving 758 deaths and causing approximately $52 million in property damage. And last year's fatality rate of 6.2 deaths per 100,000 registered recreational ...
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