Recently, a state appellate court issued a written opinion in a premises liability case, illustrating a common difficulty many Virginia premises liability plaintiffs face when attempting to establish a defendant’s liability. The case presented the court with the task of determining whether the plaintiff’s awareness of the slick patch of…
Placing a loved one in a Virginia nursing home is not an easy decision. On the one hand, it can be difficult if not impossible to provide the level of care that aging loved ones need. However, choosing which Virginia nursing home to trust with your loved one’s safety can…
As a general rule, landowners in Virginia have an affirmative duty to ensure that their property is safe for visitors. Of course, the level of the duty imposed on a landowner depends greatly on the reason for the guest’s visit. For example, trespassers are owed a trivial duty compared to…
In many Virginia personal injury cases, the most contested element is that of causation. Essentially, to establish causation, a plaintiff must be able to show that their injuries were a legal and proximate result of the defendant’s negligent actions. While this may sound like it would be a straightforward determination,…
Recently, a state appellate court issued a written opinion in a car accident case requiring the court to interpret the language of a statute defining an “uninsured vehicle” for the purposes of determining whether an accident is covered under an underinsured vehicle clause of an insurance policy. The case presents…
Recently, a state appellate court issued an opinion in a personal injury case that presents an issue that is relevant to Virginia car accident victims considering filing a personal injury lawsuit. The case required the court to determine whether the plaintiff’s case should have been dismissed based on the dishonest…
Recently, a state appellate court issued a written opinion in a personal injury case that presents an interesting issue for Virginia slip-and-fall victims who are considering filing a premises liability claim. The case required the court to determine if the plaintiff presented sufficient evidence of the defendant store’s negligence to…
Earlier this month, the United States Court of Appeals for the Fourth Circuit issued a written opinion in a Virginia car accident case discussing whether a third party’s insurance policy covered the plaintiffs’ accident. Ultimately, the court concluded that the insurance company was acting within its right to deny coverage…
Earlier this month, a state appellate court issued a written opinion in a personal injury case discussing an issue that may have increasing importance in Virginia car accident cases. The case required the court to determine if a defendant can assert an imputed negligence defense against an owner-passenger who is…
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…