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…
Motorists in Virginia are required to carry a certain amount of auto insurance in order to legally operate a vehicle on any public road. In theory, this prevents an uninsured motorist from causing an accident that results in medical bills that he or she cannot pay. However, insurance companies are…
Earlier this month, the Supreme Court of Virginia issued an interesting opinion in a product liability case involving a plaintiff’s claim against an auto maker that the soft-top convertible she was operating during a rollover accident failed to protect her from injury. The case, Holiday Motor Corporation v. Walters, was…
Proving a product liability lawsuit against the manufacturer of a dangerous product is not always as easy as explaining how a product caused an injury. For example, depending on the type of claim being asserted, a plaintiff may need to present actual evidence that the product was defective, was poorly designed,…
Most personal injury lawsuits are based on the theory of negligence. In essence, these lawsuits claim that one party, the defendant, is liable to another party, the plaintiff, as a result of some kind of negligent act or failure to act on the part of the defendant. In order to prove…
In a recent case, a woman bought a mountain bike from Target that she claimed had been previously returned. After riding the bike for just a few minutes, she fell off the bike at the bottom of a hill, injuring her shoulder. A bystander came over and showed her that…
After undergoing a procedure to have an intrauterine device (IUD) implanted, a woman filed a lawsuit against her doctor for battery. The woman argued that her doctor failed to obtain her informed consent prior to the procedure, since she later discovered that the IUD she had received was not approved by…
Earlier this month, the Supreme Court of Idaho issued a written opinion in a medical malpractice case, affirming the dismissal of the case because the plaintiff failed to name the proper parties within the relevant statute of limitations. In the case, English v. Taylor, the court decided that the filing…
Manufacturers, distributors, and retailers of merchandise all have a duty to ensure the goods in which they are dealing meet certain safety standards. If a dangerously made product, or a malfunctioning product, causes an injury to a buyer, that person may be able to seek compensation for their injuries through a…