Earlier this month, an appellate court in California issued a written opinion in a case brought by the surviving family members of a man who was killed in an auto-pedestrian accident against the city where the accident occurred. In the case, Gonzales v. City of Atwater, the court reversed the…
Earlier last month, a federal appellate court issued a written opinion in a product liability case, originally arising out of Illinois, claiming that the manufacturer of the “Goof Off” brand cleaner should be liable for injuries a consumer sustained while using the product. In the case, Suarez v. W.M. Barr…
Earlier this month, a federal appellate court issued an opinion that reversed a lower court’s holding that dismissed a plaintiff’s bad-faith claim against her own insurance company. In the case, Peden v. State Farm, the court determined that the insurance company’s failure to conduct a thorough investigation before denying the…
Due to its proximity to the nation’s capital, Virginia sees a higher-than-average number of lawsuits with government entities, officials, or employees being named as defendants. That being the case, it is important for personal injury plaintiffs to understand the concept of governmental immunity and how the legal doctrine can come…
Personal injury lawsuits have certain elements that must be proved before an injured party is able to recover financially for their injuries from the at-fault party. Generally speaking, these four elements are duty, breach, causation, and damages. Thus, a plaintiff must prove that the defendant breached a duty of care…
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…
Earlier this month, a California appellate court issued a written opinion in a case involving a plaintiff who was injured as she boarded a casino shuttle bus. While the woman’s injuries were caused by a fall precipitated by other passengers, the court determined that the casino had a duty to…
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…
Earlier this month, a federal court of appeals issued an opinion in a product liability case involving an employee who was injured while on the job by a piece of falling scaffolding. In the case, Schaefer v. Universal Scaffolding, the court had to decide what to do with the plaintiff’s claim…
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…