When someone is injured due to the alleged negligence of another party, the injured party may be entitled to compensation for their injuries from the at-fault party through a Virginia personal injury case. All personal injury cases, however, must be filed within a certain amount of time. If a plaintiff…
Articles Posted in Premises Liability
Appellate Court Applies “Firefighter’s Rule” in Dismissing Personal Injury Case
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…
Track-and-Field Accident Results in $350K Settlement
Earlier this month in Oklahoma, a $350,000 settlement was reached in favor of a woman who was seriously injured at a track-and-field meet held at a local school. According to a news source covering the case, the woman and her husband were attending the meet as spectators and were standing in…
Court Finds Landlord Is Not Responsible for Injuries Caused by Broken Handrail in Common Area of Apartment Building
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…
Federal Appellate Court Determines Government Is Immune from Liability for Bicycle Accident Occurring in National Forest
Earlier this month, a federal appellate court issued a written opinion in a case that arose from a bicycle accident that occurred on federally owned land. Ultimately, the case presented the court with the opportunity to determine whether the government was immune from liability under the doctrine of sovereign immunity,…
Proof of Causation Is Imperative in Virginia Slip-and-Fall Cases
Property owners across the State of Virginia owe a duty to those whom they invite onto their land. The extent of that duty depends on the relationship between the parties. However, as a general rule, if someone is invited onto the property of another party and slips and falls due…
Summary Judgment in Virginia Personal Injury Cases
Thousands of personal injury cases are filed each year across the State of Virginia. While many of these cases have merit, the reality is that some do not. To help deal with this reality, and to alleviate the burden on the court system, courts have enacted a strict set of…
Proving a Virginia Premises Liability Claim
Whenever someone is injured on another party’s property, the property owner may be legally liable for the injuries suffered by the injured party under the theory of premises liability. Premises liability cases are based on the legal theory that landowners owe a duty of care to keep those whom they invite…
Plaintiff’s Personal Injury Lawsuit Permitted to Proceed Despite Signed Arbitration Agreement
Earlier this month, one state’s appellate court issued a written opinion in a case brought by the parents of a young boy who was injured while participating in the defendant’s trampoline park. In the case, Alicea v. Activelaf, the court allowed the plaintiff’s lawsuit against the defendant to proceed toward…
A Business’ Obligation to Keep Its Customers Safe
Under the theory of premises liability, business owners have an obligation to ensure that the customers they invite into their stores are kept reasonably safe. In fact, customers of a commercial enterprise are known as “invitees” under the law and enjoy the highest level of protection. This means that businesses…