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…
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…
The United States was founded on certain principles that have remained with the country through the state and federal constitutions, common law decisions, and legislatively enacted statutes. One of these principles is the idea that a government entity should not be held liable for any injuries caused as a function…
The Supreme Court of Iowa recently released a decision to vacate a jury verdict in favor of the plaintiff in a premises liability case filed by a woman who fell on a patch of ice on the defendant’s property. The appellate court found that the district court improperly instructed the jury…
A West Virginia court recently released an opinion in which it reversed a jury verdict that had awarded the plaintiff nearly $70,000 in medical expenses and lost wages for injuries he suffered because of the alleged negligence of the defendant. Since the high court reversed the lower court’s decision not to award a…
Earlier last month, a Maine appellate court issued a written opinion affirming the dismissal of a plaintiff’s case after it was established that the plaintiff did not comply with the notice requirement contained in a relevant statute. In the case, Deschenes v. City of Sanford, the plaintiff provided oral but…
When an employee is injured while on the job, the most common remedy is workers’ compensation. In fact, in most cases of Virginia workplace injuries, workers’ compensation will be the sole means by which the injured employee can recover compensation. This can, and often does, act to limit a negligent employer’s…
As a general rule, the plaintiff in a personal injury lawsuit has their choice when it comes to the forum that hears the case. One of the choices the plaintiff must make is whether to file the lawsuit in state or federal court. There are many considerations that go into…
When someone joins a gym or engages in any type of pay-to-play activity, such as bungee jumping, skiing, or river rafting, the company providing the service will often request that the person sign a liability release waiver before participating in the activity. These waivers most often contain fine print and…
Businesses and organizations have a legal responsibility to maintain safe premises for members of the public who have been explicitly or implicitly invited onto the premises while they are engaging in business or the location is otherwise open to the public. Under Virginia law, a person who enters a business while…