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Questions Answered by J. Grady Hepworth
2 Answers | Asked in Personal Injury for Idaho on
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

bring?

J. Grady Hepworth
J. Grady Hepworth answered on Jan 4, 2019

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... Read more »

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1 Answer | Asked in Medical Malpractice for Idaho on
Q: What kinds of damages (money awards) are available to the plainitff in a medical malpractice lawsuit?
J. Grady Hepworth
J. Grady Hepworth answered on Dec 10, 2018

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.

1 Answer | Asked in Medical Malpractice for Idaho on
Q: Do pharmaceutical errors fall under medical malpractice law?
J. Grady Hepworth
J. Grady Hepworth answered on Oct 8, 2018

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,... Read more »

3 Answers | Asked in Personal Injury for Idaho on
Q: My kid was injured while hiking - but there was a sign posted

about the dangers of the trail - can we still get some medical bills covered?

J. Grady Hepworth
J. Grady Hepworth answered on Oct 8, 2018

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... Read more »

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2 Answers | Asked in Contracts for Idaho on
Q: wondering if an oral contract is still legally binding in Idaho as of today, everything I'm finding online is outdated
J. Grady Hepworth
J. Grady Hepworth answered on Oct 8, 2018

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... Read more »

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1 Answer | Asked in Employment Law for Idaho on
Q: Can an employer require you do pre-work for the day, off the clock and not start paying until a first assignment?

It is a mobile service, we drive a company truck to clients houses and preform the service. Previously we clocked in at the start of the day (say 8:00 am) and started getting our trucks ready for our assigned routs. Now, we are to get our trucks ready and drive to the first assigned house and... Read more »

J. Grady Hepworth
J. Grady Hepworth answered on Feb 27, 2018

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... Read more »

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