Questions Answered by J. Grady Hepworth

Q: If a tool I was using has a known defect but I also misused it when I got injured, does that negate any claim I might

2 Answers | Asked in Personal Injury for Idaho on
Answered on Jan 4, 2019
J. Grady Hepworth's answer
A full answer would require additional consultation. However generally speaking if you "misused" the product, it will make your claim difficult. Under Idaho law, a jury would ultimately be asked to proportion the negligence of both you and the manufacturer (or possibly the retailer/distributor). If a jury finds that you are 50% or more at fault for your "misuse" and the manufacturer is 50% or less at fault for the defect, you would not recover anything. If the manufacturer is 51% or more at...

Q: What kinds of damages (money awards) are available to the plainitff in a medical malpractice lawsuit?

1 Answer | Asked in Medical Malpractice for Idaho on
Answered on Dec 10, 2018
J. Grady Hepworth's answer
As a general matter, Plaintiffs in a medical malpractice can recover damages for past medical expenses, future medical expenses, lost income (if applicable) and general damages for pain and suffering.

Q: Do pharmaceutical errors fall under medical malpractice law?

1 Answer | Asked in Medical Malpractice for Idaho on
Answered on Oct 8, 2018
J. Grady Hepworth's answer
In Idaho there are very specific statutes related to "Medical Malpractice" that only apply to "physicians" "surgeons" and "licensed acute care general hospitals" as those terms are defined under Idaho law. Typically, most pharmaceutical errors fall are treated as "product liability" cases. However, if you are asking for the purposes of finding an attorney to help you with a case, many lawyers who accept "medical malpractice" cases are also willing to pursue pharmaceutical negligence cases....

Q: My kid was injured while hiking - but there was a sign posted

3 Answers | Asked in Personal Injury for Idaho on
Answered on Oct 8, 2018
J. Grady Hepworth's answer
You may be able to seek damages from personal injury depending on where your child was injured, and what caused his injuries. Different laws apply depending on whether the trail was public property or private property, and more information is needed to answer this question. Consider contacting experienced legal counsel.

Q: wondering if an oral contract is still legally binding in Idaho as of today, everything I'm finding online is outdated

2 Answers | Asked in Contracts for Idaho on
Answered on Oct 8, 2018
J. Grady Hepworth's answer
The answer may depend on what the contract is for. As a general matter, oral contracts are binding. However, some contracts are subject to the Statute of Frauds, which requires the contract to be in writing (such as for the sale of real property or contracts that will not be completed within 1 year, among other applications). Consider contacting an experienced attorney for more direct answers to your specific situation.

Q: Can an employer require you do pre-work for the day, off the clock and not start paying until a first assignment?

1 Answer | Asked in Employment Law for Idaho on
Answered on Feb 27, 2018
J. Grady Hepworth's answer
Your question is complex and to answer it more directly would require more information. The answer may depend on whether you are an independent contractor or an employee. However, if you are an employee and your employer "requires" this work to be done, it may be a violation of the Fair Labor Standards Act for them to not allow you to clock in. There is an instructive Ninth Circuit case named Ballaris v. Wacker Siltronic Corp. that helps explain the elements of this claim. I would strongly...

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