MURANE & BOSTWICK, LLC
Attorneys at Law

Murane & Bostwick, LLC has prepared this page for general information concerning Wyoming law. The information below does not constitute legal advice with respect to any particular circumstance. You should not act, or refrain from acting, based upon any information provided. If you have a question or a problem which may involve legal issues or relationships, you should seek the assistance of an attorney. All of Murane & Bostwick’s attorneys emphasize this area of the law.

Personal injuries and property damage claims arise from all kinds of accidents and events- motor vehicle, industrial, medical malpractice, workplace injuries, slips and falls, storms, sports, environmental spills, and intentional acts such as assault, to name but a few.

Where an employee is injured in the course of his employment for an employer, his remedy, at least as to the employer and his co-employees, is through the Wyoming Workers’ Compensation Act. (See the separate page of this website that discusses workers’ compensation.)

Where the injury or damage is caused by an "Act of God," like a tornado, or is the result of the injured person’s own fault, compensation for the loss or payment of medical bills or repairs comes primarily from "first-party" insurance coverage purchased by the injured or damaged person, which is intended to provide personal protection against such events.

Personal injury or property damage that is caused by some third-party, however, can and often does result in a legal claim for damages. In order to recover against a third-party for personal injury or property damage, the third-party must be "at fault." "Fault" can be unintentional, as in the case of negligence, or intentional.

Negligence: "Negligence" is the doing of something that an ordinarily careful person would not have done under the circumstances, or the failure to do something that an ordinarily careful person would have done under the circumstances. The elements of a cause of action for negligence include:

    (a) The existence of a duty to act or to avoid acting in a particular way;

    (b) A breach (violation) of that duty;

    (c) A connection between the breach and the injury or damage, called "proximate" or "legal" cause; and

    (d) Damages arising from the breach.

Consider, for example, a two-vehicle automobile accident. In order to recover for personal injury, or damage to the claimant’s vehicle, the claimant (called the "plaintiff" after a lawsuit is filed), must prove (1) that the driver of the other car (called the "defendant" after a lawsuit is filed) had a duty to act or avoid acting in a particular way - for instance, a duty to stop at the stop sign, or to keep a proper lookout, or to not exceed a reasonable speed; (2) that the other driver violated that duty by, for instance, running the stop sign or by turning into the plaintiff’s lane of travel or by going faster than conditions would allow; (3) that the failure of the other driver to stop, or watch where he was going, or slow down was a cause (although not necessarily the only cause) of the accident; and (4) that the claimant was injured and/or his car was damaged as a result of the act or failure to act of the person at fault.  

These principles apply to all claims of damage based on negligence, not just personal injury or property damage. For instance, professional malpractice of an attorney or accountant can be a negligence claim; and some forms of employment termination may be based on negligence.

Intentional Acts. Acts which are intended to cause personal injury or property damage, such as assault or vandalism, certainly subject the wrongdoer to liability for the injuries or damages caused. The claimant must still prove proximate cause and damages in order to recover.

Strict Product Liability and Breach of Warranty. Personal injuries or property damage can also result from defective products. "Sellers" of products are subject to "strict" liability for products that are unreasonably dangerous to users or consumers because of a design or manufacturing defect, or because of defective instructions and warnings. Thus, one injured by an unreasonably dangerous and defective product is not required to prove that a product seller was negligent in designing, manufacturing, distributing or selling a product if he can otherwise satisfy the following requirements:

    (a) The seller is engaged in the business of selling such a product; and

    (b) The product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold; and

    (c) The product is in a defective condition which is unreasonably dangerous to the consumer or his property.

Frequently litigated issues include whether one is a "seller" of such products, the condition of the product when purchased and/or at the time of the injury, whether the consumer misused the product in any manner, and whether the product is defective and unreasonably dangerous.

About Insurance. Parties (individuals, corporations, governmental entities) that are said to have caused personal injury or property damage often, but by no means always, carry liability insurance. Persons who are injured or damaged should ask the responsible person whether they have insurance. They may not know that they have, or may deny having, insurance even though they may in fact be insured against liability arising from their fault. The name, address and telephone number of their insurance agent or claims representative should be obtained. If insurance information is refused, Wyoming law requires that such information be disclosed once suit is filed but it is best to determine what insurance is available as soon as possible.

Insurance policies contain notice requirements. Generally, insurance carriers should be notified of accidents that involve injury or property damage. If a claim is made or suit is filed against an insured for personal injury or property damage, the insured should immediately notify the automobile insurer if the accident involved an automobile, and the insured should immediately notify the homeowner’s or general liability insurer if the personal injury or property damage arose from some other cause than use of an automobile, whether the injury or damage occurred at the insured’s home or other property, and whether it occurred on the insured’s property or not. Keep in mind that "use" of a motor vehicle may mean more than driving it - if the vehicle is even remotely involved in the event, the automobile insurer should be notified. While it may ultimately be determined that a particular insurance policy does not cover the claim, it is important to place the insurance carrier on notice of the claim as soon as possible. Also, keep in mind that liability insurance is not insurance for the benefit of those claiming to be injured or damaged, it is insurance to protect the insured against their claims. That is, in order for some third-party to recover liability insurance benefits, they must show that the insured was legally at fault.

Statutes of Limitation. Claims for personal injury and property damage must be brought within certain time periods established by Wyoming statutes. There are various time limitations applicable to various kinds of acts and omissions, to various injuries, to various claimants and to various defendants. In addition there are exceptions, provisions which stop a limitations period from running in certain circumstances and other variations which must be considered.

The Wyoming State Bar does not certify any lawyer as a specialist
or expert. Anyone considering a lawyer should independently
investigate the lawyer’s credentials and ability, and not rely
upon advertisements or self-proclaimed expertise

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