The Wunsch Law Blog Archives - John C. Wunsch, P.C.
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The Wunsch Law Blog

“Excusable” vs. “Inexcusable”

Lawsuits are based on the ubiquitous phenomena of “mistake.” We file when there’s been an “accident,” inadvertent harm caused by the neglect, carelessness, or inattention of another. Those who practice in this area can come to believe that every “mistake” is actionable. We see some kind of harm that’s occurred and we immediately conclude that […]

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Building the Bridge

A lack of adequate information typically prevents us from being sure that our inferences are well-founded. Because of this, we too often stop searching for answers. We erroneously believe there’s “not enough evidence” to draw any further conclusions. Example: At a certain address, there’s a row of bushes six feet high aside a fence that’s […]

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Constitutional vs. Human Rights

What’s the difference between a “constitutional” right and a “human” right? Are they synonymous? Or do they differ in certain respects? Constitutional Rights. The First Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the […]

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It’s Time to Start Over

Transportation accidents, maritime accidents, aviation accidents––all within our society have the right to bring civil lawsuits to recover damages except one: those who serve in the Armed Forces. Our servicemen and women are prohibited from filing civil actions against the United States in Federal Court for accidental injury or wrongful death if such occurs within […]

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Incremental Harm as a Basis of Product Liability

Product liability law imposes liability against manufacturers of “unreasonably” dangerous products. The danger inherent within a product can range from the manifest to the latent, from the direct to the indirect. Primary Risks. These are the obvious risks a product poses to a user. You can fall off a motorcycle, you can sustain a cut […]

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Washing the Floor…With Gasoline

The problem with just about any set of facts is that it quickly becomes complex, resistant to being easily encapsulated. The gasoline station was managed by Elward Hudson, who, approximately one year before the accident, leased the station and certain equipment from the Defendant. One of the duties assigned to the Plaintiff by Hudson was […]

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Pain and Prayer

Can pain be modulated by prayer? Some, perhaps many, will immediately reach for the words “placebo effect” and leave the matter at that. Others have investigated the phenomenon. Belief in something greater, something infinitely larger and more powerful––there’s more to this than can be easily explained. It has to do with tapping into a power […]

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Clarity and Inconsistency

Misread signals, miscommunication, divergent interpretations––the disconnect between the speaker’s message and the listener’s response. Any number of reasons might explain this. Comprehension. The listener does not understand what’s being expressed. It could be the terminology being used is tied to a particular specialty. It could be the message itself expresses a thought foreign to the […]

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Transition States

A transition state––that sinister and mysterious realm between what’s occurring and what’s about to occur––requires no small degree of scrutiny and attention. We too often ignore our transition states, taking them for granted. Sleep into wakefulness; the change of seasons; the movement from day into night, from youth into old age, from life into death––we […]

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Advocacy and Accuracy

“‘Tis a forgotten maxim that ‘accuracy is essential to beauty,’” wrote Emerson in his Journals.  Being accurate is not something that’s typically recognized or celebrated, but over time it comes to have great value, separating those most capable. What’s a good working definition of accuracy? Webster defines accuracy as “the quality or state of being […]

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