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…
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…