Cok Kinzler PLLP

July 2017 Archives

Defining never events

Far too many of the clients that we here at Cok Kinzler PLLP have worked with in Bozeman have put their trust in doctors only to later have that violated due to egregious errors. Oftentimes, a provider will attempt to justify his or her mistake by saying that it is a common one that occurs in healthcare. You may be able to effectively counter such a claim if you understand the concept of never events.

Why are you having trouble sleeping?

If you have recently suffered a brain injury in Bozeman, you may be worried about having to deal with long-term cognitive deficits or physical limitations. Such concerns may be enough to keep you up at night. Or are they? Could it be that you are losing sleep (or conversely, are experiencing persistent tiredness and fatigue) not because of your worries about how you will deal with the effects of your brain injury, but rather due to the injury itself?

Explaining the concept of sovereign immunity

Most in Bozeman may likely assume that whenever one is seriously injured or killed on another’s property, the property owner may be held liable if the conditions or a feature of the property contributed to the event. Montana is renowned for its many state and national parks, the owners of which are the local and federal governments, respectively. In cases where one is killed in such an area, can those entities be named in a liability claim?

What is Comment K?

Your willingness to use manufactured products is likely because of the assumption that their makers put a great deal of thought into their design and safe usage. Unfortunately, as many in Bozeman may have sadly learned, that is not always the case. Product recalls are constantly issued after defects in their design have proven to be harmful to consumers. Yet can you make a claim that a product has a design defect if it is already considered to present inherent risks?

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