An issue that often comes up in Virginia medical malpractice cases is whether the treating doctor adequately warned the patient of the risks associated with a given course of treatment. Earlier this month, an Oklahoma appellate court issued an interesting opinion in a medical malpractice case involving the information that…
When someone is injured while using any kind of product, they may be able to seek compensation for their injuries through a product liability lawsuit filed against the manufacturer, distributor, or retailer of the product. In many cases, these lawsuits do not require that a plaintiff establish that the named…
Virginia courts see tens of thousands of cases each year. If each of these cases was presented to a jury, the court system would get bogged down, resulting in cases taking several years to be heard. Thus, Virginia courts only allow cases to be presented to a jury when there…
While all landowners and business owners have a duty to ensure that their property is safe for those whom they invite onto their land, there are limitations to this duty. One of the most common limitations that courts impose on a landowner’s duty to keep his premises safe involves dangerous…
Virginia courts apply the doctrine of contributory negligence when determining which parties will be able to seek damages following an accident. Under the doctrine of contributory negligence, an accident victim’s negligence can completely bar their ability to receive compensation for their injuries. This is even the case if the plaintiff is…
In Virginia personal injury trials, the presiding judge has the power to determine which evidence the jury can consider. In doing so, the judge must consult with the rules of evidence, which are passed by the state legislature. As a general rule, only evidence that is relevant to the case may…
Earlier this month, an appellate court affirmed the dismissal of a plaintiff’s personal injury case because the court determined that the plaintiff was injured while she was acting as a firefighter. Applying the “firefighter’s rule,” which was codified in a state statute, the court explained that the defendants were immune…
Earlier this month, the United States Supreme Court issued a written opinion in a product liability lawsuit brought against tire manufacturing giant Goodyear. While the Supreme Court’s decision reversed a $2.7 million fine assessed by the lower court, the Court ordered the lower court to recalculate the figure. The Pre-Trial…
Before any case can be heard by a judge or a jury, the plaintiff must serve notice of the pending lawsuit to each and every one of the parties named as a defendant. A plaintiff’s failure to properly serve a party may result in a significant delay and may even…
Earlier this month, an appellate court in Rhode Island issued a written opinion in a premises liability lawsuit brought by a man who was injured while he was helping a friend move a large piece of furniture. According to the facts as presented in the court’s opinion, the plaintiff slipped…