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Tatum O’Brien

Understanding Modified Comparative Fault in North Dakota and Minnesota – what happens if the plaintiff has some fault for an accident or injury?

  What if you are involved in a motor vehicle accident where both you and the other driver are partially at fault for the accident? What happens if the other driver sues you (or your insurance company) for his or […]

Tatum O’Brien

If you get hurt at the gym, can you sue them?

At most gyms, an individual must sign a membership agreement prior to using the facility. This membership agreement almost always includes a release from liability or liability waiver provision. Generally, if an individual signs a release of liability or a […]

Tatum O’Brien

Marsy’s law: What is it, and what does it mean for North Dakota?

Marsy’s Law is not a law at all, but is actually part of the North Dakota Constitution as of December 8, 2016. North Dakota’s voters approved a new constitutional amendment about victims’ rights called Marsy’s Law. Despite opposition from attorneys, […]

Tatum O’Brien

Why Carry More Auto Insurance Than the Limits?

In North Dakota, drivers are required to carry a minimum amount of bodily injury liability coverage equal to $25,000 per person/$50,000 per accident, and $25,000 per accident for property damage. Why should you consider carrying more? When a crash is […]

Tatum O’Brien

The Sudden Emergency Doctrine Should Be Eliminated in Motor Vehicle Crash Cases

The sudden emergency doctrine is a doctrine of tort law in which a person who is confronted with a sudden unexpected situation not of his or her making and acts reasonably will not be held liable even if those actions […]