Author Archives: Jay Butchko

The Duty To Keep You Safe: When Does It Exist?
Who has to protect you? Sure, police, or the government may be entities that come to mind. But the answer to that seemingly simple question is more complex than you may think. And answering that question is the gateway to being able to prove a negligence case. Understanding Duty In any negligence case, to… Read More »

Injuries To A Fetus After A Car Accident
In an age where thankfully, most pregnancies without other medical complications happen without incident or problem, it may surprise you to learn that the most common cause of the death of a fetus is not medical error, or anything that has to do with medicine. It has to do with a car accident. Fetus… Read More »

Why Qualified Immunity Is So Controversial
Just like any government actor or agent, you can sue a police officer, or police department, if the officer acts negligently, and causes harm to you. What the officer has to do to be actionable is one thing—but even if you do prove that the officer did something wrong or negligently to cause you… Read More »

NBA Coach Steve Kerr Had A Terrible Complication With Back Surgery
After many years and many championships, the NBA’s Steve Kerr still roams the sidelines as the Golden State Warriors’ head coach. His athletic and youthful appearance, as well as the fact he is a former NBA champion himself as a former player, all hide the trauma he went through many years ago—a trauma that… Read More »

Injuries From Police Pursuits: When Is The Chase Too Dangerous?
Police do dangerous jobs. Often those jobs include having to engage in high speed chases or pursuits. When that happens, it’s not just the officers that are in danger—it’s often the general public, which can be severely injured in accidents caused by police who pursue suspects. Policies Can Vary There is no national or… Read More »

Understanding Rhode Island’s Good Samaritan Laws
None of us want to have to witness an accident, or someone in peril, or someone who is injured. But when you do, you may have an obligation to do something about it because Rhode Island is one of the few states in the nation, where a bystander cannot just sit idly by and… Read More »

Improperly Stacked And Shelved Items That Fall From Above
When we think of accidents that happen in stores and on people’s properties, we usually look down. Is there something slippery on the floor? Mauve an object, or something sticking out, that we could fall on? But you may not have thought about dangers that come from the opposite direction—from above your own head…. Read More »

Lane Change And Lane Departure Accidents
When we think of car accidents, we usually think of the higher impact accidents—things like intersection accidents, or being rear ended, or head on collisions. But just as common are lane change or lane departure accidents. And while these accidents can seem “lower impact,” they are nonetheless very dangerous. Why So Dangerous? It may… Read More »

Who Is Liable When Bouncers Go Too Far?
We’ve all heard of and know what a bouncer is. But do we really know who or what a bouncer is? Because when you look at the establishments that provide bouncers, you will find a mashup of different kinds of people, and no one, established definition of what a bouncer is, or what a… Read More »

The Inherent Stereotypes And Bias In Motorcycle Accident Cases
In any personal injury case, in the eyes of the jury, both the Plaintiff (the victim) and the Defendant go into court in an even playing field; the jury is not supposed to go into a case with any inherent bias for or against either party in the case. But there is one kind… Read More »