Hunt & Associates P.C.

May 10, 2017

Law, Logic and Experience

SidewalkMore than a century ago, Oliver Wendell Holmes observed, “the life of the law has not been logic; it has been experience.”   I wonder what Justice Holmes would think of the matter these days when cases come down the pike which seem to run counter to both logic and experience.

For a case in point, consider a report from the Oregonian recently describing how a lawsuit against Washington County for the drowning deaths of four … Read more

Apr 26, 2017

Flying Hotdogs: An Exception to the Baseball Rule

hot-33810_1280If you have ever attended a professional baseball game, you know that the fun includes trying to snag a foul ball which makes its way into the stands. Unfortunately, one fan’s fun can be another fan’s peril.  Every so often, some unsuspecting spectator gets clunked by a foul ball traveling at a speed in excess of 90 mph.  Ouch.  Is a baseball team and/or its stadium operator liable for such injuries?  The answer, almost always, … Read more

Feb 17, 2015

An Injured Seaman’s Rights under Admiralty Law

A seaman who suffers injury while engaged in the service of a vessel has legal remedies which are unavailable to any other worker. Unlike the typical shore-based employee, who is generally limited to workers’ compensation benefits for injuries occurring in the course and scope of his employment, an injured seaman has the following remedies available to him or her:

  1. Maintenance and cure;
  2. A claim against the vessel owner for the vessel’s “unseaworthiness”; and,
  3. A claim
Read more

Dec 7, 2011

Defining the Tort of Wrongful Discharge in Washington: The Interplay of Statutory and Common Law

A recent Washington Supreme Court decision demonstrates how the interaction between administrative and common law is often critically important to the adjudication of employee claims.  Specifically, the court held that an employee has no common law right to a claim of wrongful discharge solely because they are fired for reporting illegal or unsafe conditions of employment where other administrative or legal structures are deemed adequate for protection of the particular public policy which the employee … Read more