Stephens Law P.A. Stephens Law P.A.2026-09-10T16:15:39Zhttps://www.stephensinjurylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1104153/2023/02/cropped-StephensLaw-site-icon-32x32.pngOn Behalf of Stephens Law P.A.<![CDATA[Can a national chain be liable for unsafe store conditions?]]>https://www.stephensinjurylaw.com/?p=483152026-09-10T16:15:39Z2026-09-10T14:12:43ZEstablishing the retailer's basic duty
A business that opens its property to customers must use reasonable care to protect them from unreasonable risks on the premises. The company operating a Minnesota chain location is held to that same standard when customers enter the store.
The harder question often is where the fall happened. A retailer typically controls its sales floor, aisles and displays, while a landlord or property manager may retain authority over a shared entrance, walkway or structural feature.
Identifying code and maintenance failures
A store that has fallen behind on repairs presents a different issue from one facing a fresh spill. Longstanding defects can point to a maintenance problem rather than a temporary hazard and examples can include:
Cracked or uneven flooring that creates a tripping hazard
Damaged stairs or loose handrails that give way under normal use
Poor lighting that obscures changes in the floor level
Blocked or unsafe entrances that violate applicable safety requirements
A citation or inspection record under the state building code may show when officials documented the problem and the nature of the violation.
Proving notice of the hazard
A defect alone does not prove fault. Unless the retailer created the dangerous condition, you generally need evidence that it knew about the problem or should have discovered it through reasonable inspection. Inspection logs, repair requests, employee reports and earlier complaints can help establish that notice.
Surveillance footage can also show how long the condition remained and whether the store had a reasonable opportunity to address it. This issue is separate from whether the condition violated a safety rule, so you can establish notice even without a code violation.
Preserving your claim after injury
Reporting the fall to a manager creates a dated record of what happened. With photos of the hazard and the area around it, you preserve how the scene looked before anyone changed it.
Witness names, your medical records and any receipt that fixes the time and place of the visit each tie the injury to that spot on that day. Acting promptly matters, because a chain may repair the defect, record over its footage or discard internal reports within days, so evidence in the company's control can vanish before you request it.]]>On Behalf of Stephens Law P.A.<![CDATA[5 surprising ways you can be liable for distracted driving]]>https://www.stephensinjurylaw.com/?p=483092026-09-03T15:56:29Z2026-09-03T15:45:18ZUsing a hands-free device
Hands-free devices may feel like a responsible alternative, but they continue to distract the mind in significant ways. Cognitive distraction occurs when the brain divides its attention between an ongoing conversation and the demands of the road. Minnesota law prohibits holding a phone while driving. Despite that allowance for hands-free use, it can still serve as compelling evidence of distraction in a civil lawsuit against you.
Using your phone at a red light
Many drivers believe that stopping at a red light makes phone use acceptable. Minnesota law bans using a wireless device any time a vehicle is part of moving traffic. That includes when stopped at a light. Phone records can show when a driver used the device, and that evidence can work against you if a crash happens right after a light turns green.
Eating or drinking while driving
Minnesota does not have a specific law prohibiting eating while driving. However, all Minnesota drivers carry a legal duty to operate their vehicles with reasonable care. Briefly removing your hands from the wheel to handle food can still constitute evidence of negligence in a personal injury claim. The same applies when your eyes leave the road, even for a brief moment.
Adjusting in-car technology
Changing GPS settings or switching radio stations may feel like a routine part of driving. Despite that familiarity, these actions redirect your full attention away from the road for a period of time. Courts can treat even a momentary lapse in focus as a contributing factor when determining liability following an accident.
Talking to passengers
Passenger conversations can distract a driver just as much as a phone call. Turning to face a passenger or getting caught up in an intense discussion lowers your awareness of the road. In a personal injury case, the court can raise this type of distraction as evidence of negligence.
Avoiding hidden distractions
Distracted driving is not always obvious. Many risky habits feel completely normal behind the wheel. Even small distractions can reduce your reaction time, increasing the risk of car accidents. Recognizing these less visible dangers can help you make safer choices every time you drive.]]>On Behalf of Stephens Law P.A.<![CDATA[Can you sue for a dog bite in Minnesota?]]>https://www.stephensinjurylaw.com/?p=482512025-08-26T14:24:07Z2025-08-26T14:24:07ZUnder Minnesota law, you have the right to file a lawsuit against the owner of the dog that bit you. The state holds dog owners liable for their pets’ behavior, making them responsible for any damages you suffer after a bite.
Learning more about Minnesota statutes on dog bites could give you insights into how to recover compensation for your injury.
Minnesota’s stance on dog bites
Minnesota takes dog bites seriously and has laws in place to protect dog bite victims. If a dog bites you on public property without provocation, you can file a case against the owner.You can also sue the owner if their dog bites you on private property. This applies when you have the owner’s permission to be inside their house, in their garden or anywhere within the owner’s vicinity.
Compensation you may recover after a bite
When a dog bites you in Minnesota, the owner is accountable for paying for all the damages you sustain from the injury. These may include, but are not limited to, the following:
Medical expenses
Lost wages
Property damages
Emotional and mental damage
Lost income potential
Permanent scars or disfigurement
Depending on your wound’s severity, it may demand prolonged treatment. Minnesota law allows you to seek payment for initial and future medical costs to ensure a proper recovery.
Settlement negotiations with the dog owner
Dog bite cases in Minnesota are typically resolved through settlement negotiations between victims and the dog owner. You may seek legal advice from an attorney to navigate the process and pursue the best payoff possible.]]>On Behalf of Stephens Law P.A.<![CDATA[Driving safely in the dark of night]]>https://www.stephensinjurylaw.com/?p=482452025-05-30T01:00:20Z2025-05-30T01:00:20ZOne of the great pleasures of venturing out into the darkness of a Northern Minnesota night is that it is usually not difficult to see the stars. The lack of light pollution in this area of the country makes stargazing far easier than it is in most places. Yet, this lack of light pollution also makes it very difficult to drive safely, as anyone who has driven next to Lake Superior at night on a rural stretch can attest.
Visibility is the biggest concern after the sun goes down. Even with headlights on, your field of vision is significantly reduced when the sky fades to black. You may only be able to see 250 feet ahead with standard low beams and around 500 feet with high beams, even on a cloudless night. That can make it hard to spot hazards in time to react—especially on winding or wooded roads.
What can you do to stay as safe as possible?
You, like all drivers, should reduce your speed at night to allow more time to respond to deer, downed trees or unexpected obstacles. It is also important to keep your headlights clean and properly aimed. Dirt, snow, fog or ice buildup can limit brightness, and misaligned beams can cause glare or fail to light the road effectively. Make sure your windshield is clean, inside and out, to prevent glare from oncoming lights as well. Drowsy driving is another major nighttime risk. Whether you are heading home from work, driving long distances or returning from an evening event, fatigue can set in quickly. Drowsy driving can impair reaction times and decision-making just like alcohol. If you feel sleepy, pull over and rest. Do not rely on loud music, open windows or caffeine as substitutes for sleep.Similarly, you need to remain alert generally. Texting and driving, adjusting music settings and even visually consulting your GPS are always relatively dangerous activities. They are infinitely more dangerous at night in rural areas. A split second decision can literally mean the difference between life and death when you’re driving through blackness. Do NOT limit your ability to react effectively by allowing yourself to be intentionally distracted from the task of driving. Night driving also increases your chances of encountering impaired drivers. Late hours often coincide with people leaving bars, parties or events. Drive defensively, watch for erratic movements, and give other drivers plenty of space. If a driver seems impaired, report them to law enforcement if it is safe to do so.Night driving in Northern Minnesota demands extra caution. By taking proactive safety steps, you can reduce your risk of being involved in a crash and help to better ensure that you and your loved ones arrive at your destination safely, no matter how dark the road ahead.]]>On Behalf of Stephens Law P.A.<![CDATA[Understanding no-fault insurance: A guide for drivers]]>https://www.stephensinjurylaw.com/?p=482422025-04-25T19:56:49Z2025-04-25T19:56:49ZWhat is no-fault insurance?
No-fault insurance is a type of car insurance policy designed to cover medical expenses and lost wages. No-fault insurance offers support regardless of who was at fault in an accident.
How does no-fault insurance work?
After an accident, your own insurance company will cover your medical expenses and other related costs up to a certain limit, as specified in your policy. Insurance companies provide this support regardless of who caused the accident, hence the term "no-fault."
Does no-fault insurance cover vehicle damage?
Typically, no-fault insurance does not cover damage to your vehicle. You would need collision coverage or comprehensive coverage to address vehicle repairs.
How does no-fault insurance benefit drivers?
The primary benefit is the reduction in legal disputes, as each driver’s insurance covers their own costs. It can lead to faster claims processing and less stress in the aftermath of an accident.
Can I still sue the other driver?
In no-fault states, there are often limitations on lawsuits. However, in Minnesota and other states, the law allows exceptions for cases that meet a threshold for severe injuries or damages. To file a lawsuit, the collision must have resulted in one of the following:
Medical costs of $4,000 or more
Permanent injuries or scarring
Death
Disability lasting more than 60 days
Regardless of fault, you can get the support you need after a crash
No-fault insurance aims to streamline the compensation process after a car accident, providing drivers with quicker access to funds for medical expenses and other related costs. Knowing about this system and seeking legal guidance in the aftermath of a crash can help you navigate claims with confidence.]]>On Behalf of Stephens Law P.A.<![CDATA[What to do after a pedestrian accident: A step-by-step guide]]>https://www.stephensinjurylaw.com/?p=482382025-04-25T12:38:50Z2025-04-25T12:38:50ZMove to safety
If you can, move to a safe location away from traffic. This can be especially important if the collision was one of the many that occur in intersections or poorly lit areas where other vehicles may put you in danger.
Contact the authorities
Immediately report the accident. Request medical assistance even if injuries seem minor, as some symptoms may not be immediately apparent. Try to remain as calm as possible to effectively communicate with emergency responders and others involved. You should also follow their instructions, especially if they advise you not to move
Document evidence
If you are able to document the scene, this information can support your claim. Write down the time, date, and location of the accident, along with any other relevant details such as weather conditions and traffic signals. Obtain the driver's contact and insurance details. If there are witnesses, collect their contact information as well. Take photographs of the accident scene, vehicle damage, any visible injuries, and surrounding road conditions.
Report the accident
Ensure that the police file a report, as this official documentation can be important for insurance and legal purposes. You should also notify your insurance company about the accident, even if you were not at fault.
Protect your health
Pedestrians hit by cars often suffer serious injuries. Even if you feel fine, seek a medical evaluation to document any injuries. You should also adhere to any medical advice or treatment plans provided by healthcare professionals.
Speak to an attorney
Consulting with a personal injury attorney can help protect your rights and ensure fair compensation. They can work with insurance companies on your behalf and help you explore other legal options that could provide support.
Taking the right steps can help you protect yourself and your rights
When pedestrians and cars collide, it can result in severe harm and overwhelming stress for injured people. Knowing the steps to take can help you manage these serious accidents more effectively.]]>On Behalf of Stephens Law P.A.<![CDATA[The danger of distracted drivers in Duluth]]>https://www.stephensinjurylaw.com/?p=482362025-04-25T12:37:09Z2025-04-25T12:37:09ZHow dangerous is distracted driving?
Distracted driving happens when something takes your focus away from driving. One of the most common distractions is using a phone, especially texting, which makes accidents more likely. This causes thousands of deaths and hundreds of thousands of injuries every year. On average, nine people die every day in accidents caused by distracted driving.
Phone use is a common and dangerous source of distraction
Texting while driving is very dangerous because it takes your hands, eyes, and mind off driving. Even a glance at a new text can lead to serious accidents, injuries and deaths.
Even with hands-free cell phone laws in Minnesota, driver distraction is still a big problem. Last year, the Minnesota Department of Public Safety Office of Traffic Safety reported 5,380 violations of the hands-free law in April, with 134 happening in the Duluth area. This was almost 2,000 more violations compared to the year before.
How can drivers protect their safety?
One important way to stay safe while driving is to avoid distractions. Keep your phone out of reach and sight. Consider using apps that block notifications to help resist the temptation to check your phone.
Set your GPS and music playlist before you start driving, so you don't have to adjust them while on the road. This not only prevents distractions but also helps you plan for traffic, road construction and other issues.
Drivers should also keep in mind that it is possible to hold others responsible for the harm that their distraction can cause. If a distracted driver harms you, you may want to explore legal options that could provide financial support.
You can protect yourself from distracted driving
Distracted driving is a preventable issue. By understanding the risks and taking precautions, you can prioritize safety over distractions.]]>On Behalf of Stephens Law P.A.<![CDATA[The afternoon commute home can be a dangerous drive]]>https://www.stephensinjurylaw.com/?p=481262025-04-16T19:12:08Z2025-02-27T01:21:02ZNational Safety Council (NSC), the most dangerous time to drive is after the sun sets. The nighttime is dangerous due to limited visibility, animal activity and the increased presence of drunk drivers on the road. Those who work second or third-shift jobs may have to drive when it is particularly dangerous to commute. First-shift workers may also be on the road at a time when their crash risk is higher than normal.
Afternoon rush hour is a dangerous time
The NSC recognizes the afternoon rush hour on weeknights as another highly dangerous time to drive. Between 4:00 p.m. and 7:00 p.m. on weeknights, the possibility of a crash is significantly higher than it is most other times of day.
There are several factors that contribute to this elevated crash risk. Fatigue from a long day at work is one concern. Drivers who are exhausted may have a hard time paying attention to their surroundings. Some of them might even fall asleep at the wheel.
Distraction is another issue. Many people have to finish up the last few work responsibilities during their commute home. They take phone calls or check emails. On the other hand, they may communicate with friends or family about errands or after-work responsibilities.
Then there is the risk of encountering a drunk driver. Professionals who stop off for a drink or two after leaving the office for the day may have a higher blood alcohol concentration than they realize. They might make poor decisions in traffic that lead to crashes.
The overall volume of traffic is another safety concern. With so many drivers headed home at once, the density of motor vehicles on the road contributes to collision risk. Drivers may also have to worry about road rage if there are traffic jams.
Obviously, first-shift professionals can't simply stay off the road at the end of a workday. However, they can make a point of paying close attention to their surroundings to protect themselves and others.
Learning about the factors that contribute to car crash risk may help people stay safe on the roads. Those involved in car wrecks caused by others may need help as they evaluate their options for compensation and try to hold irresponsible drivers accountable.]]>On Behalf of Stephens Law P.A.<![CDATA[Why some Minnesota crosswalks are more dangerous than others]]>https://www.stephensinjurylaw.com/?p=481272025-04-16T19:10:38Z2024-12-03T21:56:19ZEvery corner is a crosswalk.”
What does the law say?
The law makes it clear: “Where traffic-control signals are not in place or in operation, the driver of a vehicle shall stop to yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or at an intersection with no marked crosswalk.”
Another factor that seemed to determine whether drivers yielded to pedestrians was the nature of the roads and the area. For example, in areas with a lot of pedestrians, fewer and more narrow traffic lanes and signage indicating the presence of pedestrians, drivers were more likely to yield. These are often residential areas, which doesn’t help those who walk in busier, more urban or even some rural areas.
Fortunately, during the study, there were no collisions at any of the 18 intersections filmed. However, researchers counted 16 close calls where the driver and/or the pedestrian had to make a quick move to avoid one.
While drivers are required to yield to pedestrians at all intersections, it’s important for pedestrians to realize that they need to be especially careful at intersections with no signals, stop signs and especially those with no signage or markings.
As noted, pedestrian injuries can be catastrophic. Victims may need long-term, if not permanent care and accommodations. It’s crucial not to agree to a settlement with an at-fault driver or their insurer without experienced legal guidance.]]>On Behalf of Stephens Law P.A.<![CDATA[Texting at a stoplight isn’t the life hack many people think it is]]>https://www.stephensinjurylaw.com/?p=472092025-04-16T19:12:18Z2024-08-29T21:26:04ZTexting causes a cognitive hangover
The human brain takes time to switch priorities from one matter to the next. Mobile phones tend to engage the brain very intensely, which means it takes time to refocus after looking down at a device. Researchers have actually quantified the time it takes to refocus after handling a mobile phone.
Drivers experience ongoing distraction for an average of 27 seconds after they stop looking at and physically handling their devices. The higher the speed limit on a road, the farther a driver might travel without fully focusing on their surroundings after they finish texting. They may fail to notice oncoming traffic or pedestrians across the intersection from them if they proceed through the light as soon as it turns green.
People involved in collisions caused by drivers who handled their phones at intersections may be able to hold the distracted driver accountable. Although it is quite common for people to deny digital distraction, they may admit their misconduct when they think that they have used a clever workaround like waiting until they stop their vehicle to handle their devices. Distracted drivers are often liable for any property damage and injuries they cause to others through their inappropriate habits in traffic.
Realizing that driving hacks such as texting at stoplights aren't actually safe can help people avoid motor vehicle collisions. Those who understand the cognitive science related to distracted driving can use that information to demand accountability from distracted drivers who cause crashes.]]>