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FREQUENTLY ASKED QUESTIONS ABOUT PERSONAL INJURY CASES

WHAT IS REQUIRED IN “NOTICE PLEADING”?

CAN A COURT DRAW A NEGATIVE INFERENCE IF A PARTY DOES NOT DISCLOSE FACTS RELEVANT TO THE CASE, THAT ONLY THE PARTY HAS KNOWLEDGE OF?

WHAT CONSTITUTES A VALID CLAIM FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS UNDER KANSAS LAW?

EMPLOYEE ACTING WITHIN SCOPE OF THEIR EMPLOYMENT ALLOWS FOR BOTH RESPONDEAT SUPERIOR AND NEGLIGENT HIRING, RETENTION, OR SUPERVISION CLAIMS

WHAT DETERMINES IF A WORKER IS AN EMPLOYEE OR AN INDEPENDENT CONTRACTOR?

WHAT HAPPENS IF A PLAINTIFF SUES A MUNICIPALITY WITHOUT GIVING ADEQUATE WRITTEN NOTICE?

CAN BICYCLISTS USE THE SIDEWALK OR MUST THEY USE THE ROAD?

WHAT OBLIGATIONS DOES A BICYCLIST HAVE WHEN RIDING ON THE SIDEWALK?

DOES THE KANSAS UNIFORM TRADE PRACTICES ACT PROVIDE THE PLAINTIFF WITH A PRIVATE CAUSE OF ACTION FOR DAMAGES?

WHEN IS THE OWNER OF AN ANIMAL STRICTLY LIABLE FOR INJURIES CAUSED BY THE ANIMAL?

CAN UBER BE LIABLE FOR NEGLIGENT HIRING OR NEGLIGENT TRAINING?

CAN A BAR BE HELD RESPONSIBLE FOR OVER-SERVING AN INTOXICATED PATRON?

DOES THE CAPTAIN OF A BOAT HAVE AN OBLIGATION TO ATTEMPT TO RESCUE AN OVERBROAD PASSENGER?

IS AN ORAL SETTLEMENT AGREEMENT, MADE WEEKS BEFORE A TRIAL, BINDING IF IT IS ACCEPTED?

WHICH STATE’S LAW IS USED BY THE COURT IF A WRONGFUL ACT OCCURS IN ONE STATE AND THE RESULTING INJURY OCCURS IN ANOTHER STATE?

WHAT IS REQUIRED IN NOTICE PLEADING AND ARE THE REQUIREMENTS STRICTER IF THE PLAINTIFF IS PLEADING FRAUD?

ARE TAXI CAB DRIVERS CONSIDERED COMMON CARRIERS UNDER KANSAS LAW?

IS A TORT CLAIM THAT OCCURS OVER A LONG, CONTINUOUS PERIOD OF TIME CONSIDERED A SINGLE OCCURRENCE FOR PURPOSES OF AN INSURANCE CONTRACT?

CAN UBER BE HELD RESPONSIBLE FOR ACTS OF ITS DRIVERS?

WHEN DOES A DEFENDANT’S TIME FOR REMOVAL TO FEDERAL COURT BEGIN TO RUN?

CAN A CITY CLASSIFY CERTAIN DOG BREEDS AS INHERENTLY DANGEROUS, THEREBY CREATING STRICT LIABILITY FOR THE OWNERS OF THESE DOGS?

CAN AN INDIVIDUAL BRING A CLAIM BASED UPON THE KANSAS TRADE PRACTICES ACT?

DOES STRICT LIABILITY ALWAYS APPLY TO INJURIES INVOLVING “ABNORMALLY DANGEROUS” ACTIVITIES?

CAN THE COURT PROPERLY GRANT SUMMARY JUDGMENT BASED UPON A PARTY’S OPENING STATEMENT?

FREQUENTLY ASKED QUESTIONS ABOUT PERSONAL INJURY CASES

WHAT IS REQUIRED IN “NOTICE PLEADING”?

CAN A COURT DRAW A NEGATIVE INFERENCE IF A PARTY DOES NOT DISCLOSE FACTS RELEVANT TO THE CASE, THAT ONLY THE PARTY HAS KNOWLEDGE OF?

WHAT CONSTITUTES A VALID CLAIM FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS UNDER KANSAS LAW?

EMPLOYEE ACTING WITHIN SCOPE OF THEIR EMPLOYMENT ALLOWS FOR BOTH RESPONDEAT SUPERIOR AND NEGLIGENT HIRING, RETENTION, OR SUPERVISION CLAIMS

WHAT DETERMINES IF A WORKER IS AN EMPLOYEE OR AN INDEPENDENT CONTRACTOR?

WHAT HAPPENS IF A PLAINTIFF SUES A MUNICIPALITY WITHOUT GIVING ADEQUATE WRITTEN NOTICE?

CAN BICYCLISTS USE THE SIDEWALK OR MUST THEY USE THE ROAD?

WHAT OBLIGATIONS DOES A BICYCLIST HAVE WHEN RIDING ON THE SIDEWALK?

DOES THE KANSAS UNIFORM TRADE PRACTICES ACT PROVIDE THE PLAINTIFF WITH A PRIVATE CAUSE OF ACTION FOR DAMAGES?

WHEN IS THE OWNER OF AN ANIMAL STRICTLY LIABLE FOR INJURIES CAUSED BY THE ANIMAL?

CAN UBER BE LIABLE FOR NEGLIGENT HIRING OR NEGLIGENT TRAINING?

CAN A BAR BE HELD RESPONSIBLE FOR OVER-SERVING AN INTOXICATED PATRON?

DOES THE CAPTAIN OF A BOAT HAVE AN OBLIGATION TO ATTEMPT TO RESCUE AN OVERBROAD PASSENGER?

IS AN ORAL SETTLEMENT AGREEMENT, MADE WEEKS BEFORE A TRIAL, BINDING IF IT IS ACCEPTED?

WHICH STATE’S LAW IS USED BY THE COURT IF A WRONGFUL ACT OCCURS IN ONE STATE AND THE RESULTING INJURY OCCURS IN ANOTHER STATE?

WHAT IS REQUIRED IN NOTICE PLEADING AND ARE THE REQUIREMENTS STRICTER IF THE PLAINTIFF IS PLEADING FRAUD?

ARE TAXI CAB DRIVERS CONSIDERED COMMON CARRIERS UNDER KANSAS LAW?

IS A TORT CLAIM THAT OCCURS OVER A LONG, CONTINUOUS PERIOD OF TIME CONSIDERED A SINGLE OCCURRENCE FOR PURPOSES OF AN INSURANCE CONTRACT?

CAN UBER BE HELD RESPONSIBLE FOR ACTS OF ITS DRIVERS?

WHEN DOES A DEFENDANT’S TIME FOR REMOVAL TO FEDERAL COURT BEGIN TO RUN?

CAN A CITY CLASSIFY CERTAIN DOG BREEDS AS INHERENTLY DANGEROUS, THEREBY CREATING STRICT LIABILITY FOR THE OWNERS OF THESE DOGS?

CAN AN INDIVIDUAL BRING A CLAIM BASED UPON THE KANSAS TRADE PRACTICES ACT?

DOES STRICT LIABILITY ALWAYS APPLY TO INJURIES INVOLVING “ABNORMALLY DANGEROUS” ACTIVITIES?

CAN THE COURT PROPERLY GRANT SUMMARY JUDGMENT BASED UPON A PARTY’S OPENING STATEMENT?

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