What is Legal Causation in Minnesota?

January 30, 2017  |  Adriel B. Villarreal

If you are involved in a personal injury case, you know how stressful the legal aspects can be. You are already experiencing the pain of the injury itself, while at the same time navigating medical bills and court dates. With a skilled personal injury attorney on your side, you’ll be able to better navigate the challenges and map out the strengths of your case. For your personal injury case, it is very important to know about what legal causation is in the state of Minnesota. Not every case is able to recover damages for the injuries sustained. This is often due to the inability to prove legal causation. Legal causation refers to extent to which the defendant knew that what he or she was doing had the likelihood of resulting in harm to the plaintiff. Legal causation is different from actual causation, which refers to the actual cause and effect of the accident itself. So, it may be determined that a defendant did cause an accident (actual cause) but was not aware of the likelihood of their actions to cause harm (legal or medical causation.) Legal causation is also different from negligence. Negligence refers to being held liable for actions not taken, like failing to provide adequate safety measures. Since Minnesota law places…

Read More

“Just pull it off the internet!” Said no good lawyer…ever

January 10, 2017  |  Carole Clark Isakson

Need a graphic of fireworks for a party invite? Looking for a cartoon for a blog? It’s tempting to just use your favorite search engine and copy one of the internet… but please DON’T (at least not until after you read this article!). Copyright law is alive and well – and applies to items on the internet to the same extent that it applies to the books at the library. We all know that copying someone else’s work is illegal; that work includes art, photos, books, movies, songs and more.  Recent law suits have highlighted the wrongful use of pieces of songs, with courts reiterating that any original work of authorship (so long as it is expressed in a tangible way) is protected.  The internet IS a fixed medium, and works that are found on the internet are still subject to protection. That fireworks graphic? Well, it was created by someone and if you want to use it, you need to have permission. At this point I suspect some readers are thinking “wait! This is fair use. I won’t make any money on that party invitation so I can use the artwork”. Actually, not true… but don’t feel bad about being wrong, most people (including lawyers) are confused by the concept of “fair…

Read More

BGS Participates in MTA's Trucks and Toys 2016 Event

December 13, 2016  |  Carole Clark Isakson

The BGS Transportation Law Department is carrying on the tradition of involvement with a great cause – the Minnesota Trucking Association (MTA) Trucks and Toys event. This event provides toys for disadvantaged children and teens all over the state of Minnesota, through the efforts of MTA members like BGS. This year BGS attorneys and staff enthusiastically jumped in to the shopping challenge, and even helped load a truck! The MTA has been running this event for more than 20 years, and this year twenty three MTA members around the state collected toys and cash (used to buy more toys). The MTA coordinates with many charities throughout the state, and this year partnered with even more groups to donate even more toys. Here in the metro area, the MTA donated toys to Kinship in Fridley, People Serving People in Minneapolis and Harriet Tubman Foundation in Minneapolis. BGS personnel took part in the event on a more direct level. On Friday night December 2, BGS staff Jackie Campbell and Marly Gullekson (and Marly’s daughters and grandkids!) had a great time helping shop at the Blaine Target, where they helped the MTA purchase more than $13,000 of toys. Bright and early the next morning, and fueled by coffee and hot chocolate, assistant Jackie Campbell and attorneys…

Read More