A key element in a Virginia premises liability lawsuit is establishing that the defendant landowner had actual or constructive knowledge of the dangerous hazard that caused the plaintiff’s injury. If a landowner has actual knowledge of a hazard, that is generally easy to establish through the words or actions of…
Recently, a federal appellate court issued a written opinion in a personal injury case dealing with the admissibility of expert testimony in a product liability lawsuit. Ultimately, the court concluded that since the plaintiff’s expert’s testimony was not admissible, she was unable to prove her failure-to-warn claim. The court then…
A Virginia appellate court recently issued a written opinion in a Virginia product liability case discussing a plaintiff’s burden in establishing a defective design claim. Ultimately, the court concluded that the plaintiff’s claim was insufficient as a matter of law, and it dismissed the case. The Facts of the Case…
The issue of the admissibility of social media posts is in Virginia personal injury cases has recently become a hot topic. Across the country, courts have come up with different methods of handling this sensitive information. Earlier this month, an appellate court issued a written opinion in a personal injury…
Earlier this month, a federal appellate court issued a written opinion in a premises liability case presenting an interesting issue that frequently comes up in Virginia premises liability cases. Specifically, the case considered whether the presence of a young child’s parents can act to mitigate any duty that was owed…
Earlier this month, an appellate court issued an opinion in a personal injury case dealing with the admissibility of expert witness testimony. The case is important to Virginia personal injury plaintiffs because the law governing the admissibility of expert testimony in Virginia is similar to the law applied by the…
Earlier this year, an appellate court issued a written opinion in a Virginia medical malpractice case requiring the court to determine if the plaintiff presented sufficient evidence that the defendant’s alleged negligence was the cause of the plaintiff’s injuries. The court considered the evidence presented by the plaintiff, and it…
Every motorist in Virginia is required to obtain a certain amount of car insurance. The idea behind this requirement is to ensure that anyone injured in a Virginia car accident will have a means of recovering compensation to help them cover the costs of the injuries they sustained in the…
Earlier this month, a state appellate court issued a written opinion in a personal injury case, raising an important issue that frequently comes up in Virginia slip-and-fall cases. Specifically, the court was tasked with determining whether a business owner was reasonable in waiting until a storm passed to clear ice…
A few weeks ago, a state appellate court issued a written opinion in a bicycle injury case that illustrates an important point for Virginia bicycle accident victims. The case required the court to determine if the state government could be legally liable for the plaintiff’s injuries, or if the state…