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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.
Feinberg & Alban, P.C. fervently protects your rights
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5.0/5.0Colleen and Robert were very responsive during a long process, always ready to answer our questions. They exhibited that much-needed combination of listening to us as clients and guiding us with their expertise, through all the delays and obstacles e...
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Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...
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While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...
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I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...
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On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...
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