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In May of 1973, America was fixated on the Senate Watergate hearings. I will forever remember Senator Howard Baker’s frequent question, “What did the President know and when did he know it?” Allegedly, he was given the question by none other than Fred Thompson, the future actor, Senator, and Presidential candidate.
This question has great applicability to personal injury cases, especially those involving accidents on the premises of a defendant. If a dangerous condition exists, you want your lawyer to probe how long it existed, whether the defendant had actual knowledge of its existence, and at what point the defendant acquired that knowledge. There is an element in a personal injury case that permits liability if the defendant did not have actual knowledge but should have had knowledge of a dangerous condition. This is known as constructive knowledge and can create liability even if there is not actual knowledge. The point of the Howard Baker question is, at what point did the defendant learn of the dangerous condition or, in the exercise of reasonable care, should have learned of the existence of a dangerous condition. As a result, your lawyer could do worse than ask, “What did the defendant know and when did he know it?” There are some technical observers who might be disturbed that that is a compound question. If so, it can easily be broken into two parts without sacrificing its use.
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5.0/5.0I’m a college student in the Boston area who suffered a pedestrian personal injury in December of 2022. Thankfully I was put into contact with Feinberg & Alban PC and I worked closely with Robert and Perry Feinberg who treated me with respect and f...
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Alexis Cahill was great, professional, and was open for me to contact on any questions I may have had during the process. Feinberg & Alban PC's services were nice as well, and I'd recommend them due to the transparency, what they were able to negotia...
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My mom had a great experience with Feinberg as her attorney, after she fell near her house, and he took her under his wing. Mr. Feinberg was helpful, very organized and kind. He helped my mom a lot, very happy with results
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I have been using Marsha Alban's services and advice for many years. Initially, I interviewed several lawyers, and Marsha was definitely the best! She took time to listen, she was very compassionate, and she explained everything in detail and answere...
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5.0/5.0
Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience make...
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