A slip-and-fall case is often assessed, informally, by how the fall looked. A same-level fall on a flat floor sounds minor. A fall down a full flight of stairs sounds serious. That intuition is a poor substitute for the medical and legal analysis a traumatic brain injury case actually requires, and it fails in both […]
A lithium-ion battery fire is, in a narrow but important sense, self-erasing. When a cell enters thermal runaway, the resulting heat and combustion frequently destroy the physical evidence that would show why the failure began. A cell that initiated a fire through an internal defect and a cell that was simply caught in a fire […]
A product recall is frequently treated, in ordinary conversation, as an admission: the company recalled it, so the company must have known it was dangerous. That inference does not survive contact with the evidence rules that actually govern this issue. A recall is not proof that a product was defective, and it is not proof […]
Air embolism during a medical procedure is an event, not, by itself, a legal conclusion. Certain procedures carry a recognized risk that air will enter the circulation, and that risk exists even when every step is performed correctly. Whether a particular case involving catastrophic neurological injury warrants disciplined litigation review depends on how air entered […]