Josh Hancock's Father Files Suit

[KSigkid]

All of this depends on the circumstances; the article didn't say enough about what really happened to definitely say where the liability lies. There are cases where people sue bars and restaurants for being served too many drinks, it's by no means a rare occurrence. I'm not sure of Missouri law, but I can't imagine this is the first case in MO.

There is also the issue of any damages (if there are any) being offset by Josh Hancock's negligence. I don't know Missouri's statutes on comparative negligence, but in some states, if your fault (percentage-wise) is more than the fault of the other parties, you collect nothing. (RC, I believe Iowa's statute is similar to that) In other states, the damages you collect are decreased proportionally to your fault in the situation.

But, like RC, IANAL, only a first-year law student, so take what I say with a grain of salt.

[KSig RC]

Originally Posted by KSigkid

There is also the issue of any damages (if there are any) being offset by Josh Hancock's negligence. I don't know Missouri's statutes on comparative negligence, but in some states, if your fault (percentage-wise) is more than the fault of the other parties, you collect nothing. (RC, I believe Iowa's statute is similar to that) In other states, the damages you collect are decreased proportionally to your fault in the situation.

Total hijack - vast majority of my CF% work is out of state (obv - Iowa is a TERRIBLE venue for these kinds of lawsuits . . . see: Independence, MO or Cook Co, IL for better) but the cases I've done in IA have had damages allocated by % fault assigned to the defendant.

Actually now that I think about it, I think MO is the same way - however, that's for consumer fraud and product liability-type actions, so . . . uh, I don't know. I leave that the lawyers and stick to non-verbal communication and voodoo.