Recently, a state appellate court issued an opinion in a personal injury case discussing a doctrine of law that is rarely used in Virginia personal injury cases, but it is important nonetheless. The case involves the application of a doctrine called res ipsa loquitor, which can be used to permit…
After decades of dog owners vying for designer breeds, animal rescues across the country have become full of the “less desirable” breeds or animals that are of unknown descent. While scientists have for the most part rejected the idea that certain breeds or mixes of breeds are inherently dangerous, an…
Earlier this year, a state appellate court issued a written opinion in a personal injury case discussing whether the plaintiff’s claim against the defendant, which was based almost exclusively on circumstantial evidence, should be permitted to proceed towards trial. The case is important to Virginia personal injury plaintiffs because it…
Earlier this month, a state appellate court issued an opinion in a Virginia premises liability lawsuit discussing the extent of the duty that owners of a vacation rental home owe to their guests. Ultimately, the court concluded that the duty owed by a vacation rental homeowner is the same as…
Recently, a state appellate court issued a written opinion in a personal injury case discussing an important and frequently misunderstood issue that commonly arises in Virginia car accident cases. The case required the court determine whether a plaintiff’s claim against an employer could proceed towards trial despite direct evidence that…
According to the most recent estimates, approximately 95% of civil cases are resolved through pre-trial settlement negotiations. While it may seem that an attorney’s assistance is not necessary with the chances being so high that a case will not make it to trial, the exact opposite is true. Virginia personal…
Recently, a state appellate court issued a written opinion in a personal injury case involving a plaintiff’s injuries that were sustained while riding his bike in a public park. The case presents an important issue for Virginia premises liability plaintiffs in that it discusses the concept of recreational-use immunity, which…
In a recent case, a state appellate court denied a plaintiff’s claim against an insurance company based on the fact that the state where the claim arose precluded accident victims from stacking their insurance policies. In that case, the insurance company had approved and paid out on a similar claim…
In any Virginia personal injury claim, a plaintiff not only has to prove that the defendant acted with negligence or intent, but also that the plaintiff sustained compensable damages. In some cases, a defendant’s conduct may be so egregious that the plaintiff may be able to recover punitive damages in…
In a recent personal injury opinion, a state appellate court discussed the duty that a yoga instructor owed to the plaintiff, who was taking a class from the instructor when she was injured as the instructor adjusted her during a pose. The case is important for Virginia personal injury victims…