As a general rule, landowners owe a duty of care to those whom they allow onto their property. The extent of any duty owed is dependent on several factors, including the purpose of the visit as well as the relationship between the parties. Perhaps the most common example of a…
In Virginia medical malpractice cases, the issues presented to the jury are often of a complex nature that may be beyond the understanding of the average juror. For that reason, Virginia lawmakers passed Virginia Code section 8.02-20.1, which outlines when expert witness testimony is required. The idea is that in cases…
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…
Virginia personal injury plaintiffs have to be careful in following the procedural rules in any case. In a recent Virginia Supreme Court decision, after a jury found in the plaintiffs’ favor, the Court determined the plaintiffs had amended their pleadings too late and sent their case back for a new…
Medical malpractice cases are often complex, and in most instances, they require the testimony of at least one expert witness to explain certain medical or scientific issues to the jury. In an effort to ensure that only meritorious cases are filed and heard by the court, Virginia law makers passed…
When a consumer purchases a product, they expect not only that the product will function as it is supposed to function, but also that it will be safe and free from potentially harmful or dangerous defects. However, history has shown that not all products are safely designed or manufactured, and…
Arbitration agreements have become more and more common over the years, especially in certain contexts. For example, many companies are beginning to include arbitration clauses into their contracts that are provided in advance of the service the company provides. For example, it is very common to see issues involving arbitration…
Earlier this month, a state appellate court issued a written opinion in an interesting personal injury case involving a student who ran over the feet of another student while engaging in what the court characterized as horseplay. The opinion is an interesting one and raises several issues that are relevant…
Earlier this month, an appellate court in Illinois issued an opinion in an interesting case that presents relevant issues to victims who are considering filing a Virginia premises liability case against a government entity. Specifically, the case deals with the state’s recreational use statute and whether the trail where the…