Virginia Injury Lawyers Blog

September 7, 2018

Virginia Product Liability Cases

Product manufactures are required to ensure that the products they release to market are safe for their intended use. This means that when someone is injured due to a dangerous or defective product, they may be entitled to monetary compensation through a Virginia product liability lawsuit.

There are three basic theories under which a Virginia product liability claim can be filed: design defect, manufacturing defect, and failure-to-warn. In some cases, all three claims can be made. The first two types of claims are fairly self-explanatory. However, failure-to-warn claims are a little more complicated. A recent federal appellate case discusses the plaintiff’s failure-to-warn claim against a crane manufacturer.

The Facts of the Case

The plaintiff was a crane operator working on a job that required he move the bow of a large boat. In order to move the bow, the plaintiff worked with two other operators to perform a tandem lift, where the three cranes would work together to move the bow. Initially, the move went according to plan; however, mid-way through the lift the plaintiff’s crane shifted out of place.

August 31, 2018

Court Discusses Whether Employer’s Insurance Company Was Liable for Damages Caused by Employee’s Drunk-Driving Accident

by Sidney Schupak, Esq.

The determination of whether an insurance company is responsible to defend the at-fault party in a Virginia car accident case is often a critical issue because the at-fault party frequently will not have sufficient assets to fully compensate the plaintiff for the injuries they have sustained. In the event that an accident is covered under an insurance policy, the insurance company will cover the costs of the accident, meaning that the plaintiff will more likely be able to collect should the case be resolved in their favor.

Recently, a state appellate court issued an opinion in a personal injury case raising an important insurance issue that frequently arises in Virginia car accident cases. The case required the court to determine if an employer’s insurance policy covered an accident caused by an intoxicated employee.

The Facts of the Case

The defendant was traveling for work when he caused a traffic accident that injured the plaintiff. At the time of the accident, the defendant was driving a company owned vehicle, although he was not on the clock at the time and was not performing any work-related activity. It was later determined that the defendant was intoxicated.

August 22, 2018

The Importance of Following the Procedural Requirements in Virginia Personal Injury Lawsuits Naming Government Defendants

by Sidney Schupak, Esq.

For nearly the first two hundred years of the nation’s history, state and federal governments could not be held liable in a lawsuit brought by a citizen unless the government entity being named as a defendant specifically consented to being sued. In effect, this insulated the government from acts of its employees, leaving those who were injured as a result of a government worker’s negligence without any real means of recourse.

In the mid-20th century that began to change with the passage of the Federal Tort Claims Act (FTCA). The FTCA provided a legal mechanism for those who had been injured due to the negligent or wrongful act of a government employee to seek compensation for their injuries. In the wake of the FTCA, states began to follow, passing their own versions of the law. The Virginia Tort Claims Act was passed in its current form in 1981, and is contained in Virginia Code, Title 8.01 sections 195.1 to 195.12.

In order to bring a lawsuit against a government entity under a tort claims act, the conditions of the act must be followed. In most cases, tort claims acts require plaintiffs to provide adequate notice to the government entity being sued and pursue their case in a timely manner. A plaintiff’s failure to file these rules precisely will almost certainly result in the dismissal of their lawsuit. A recent case illustrates how courts strictly interpret the procedural requirements of tort claims acts.

August 14, 2018

Virginia Medical Malpractice Cases Are Subject to Strict Procedural Hurdles

by Sidney Schupak, Esq.

When a Virginia personal injury case is classified as a “medical malpractice” case, there are certain requirements that apply to the plaintiff’s case. For example, Virginia medical malpractice plaintiffs are required to submit an expert affidavit supporting their claim, while victims who bring claims of traditional negligence are not required to do so. While it may seem like the distinction between a claim of medical malpractice and a claim of traditional negligence is clear, that is not always the case.In a recent case, the court heard an appeal from a hospital, claiming that the plaintiff’s lawsuit should be dismissed for failing to comply with the filing requirements for medical malpractice cases. The court, however, agreed with the plaintiff that her claims were not based on a theory of medical malpractice. Thus, the court permitted the plaintiff’s case to proceed.

The Facts of the Case

The plaintiff was a resident at an inpatient psychiatric facility when he was seriously injured after being attacked by another resident. The plaintiff filed a personal injury lawsuit against the facility, arguing that it failed to provide adequate security and to train staff on how to handle emergency situations like the one that resulted in his injuries. Since the plaintiff did not believe his case to be one of medical malpractice, he did not take the additional steps to comply with the state’s medical malpractice requirements. The facility argued that the plaintiff’s case was brought under a theory of medical malpractice and that he should have complied with the additional medical malpractice requirements.

August 6, 2018

Court Dismisses Plaintiff’s Slip-and-Fall Case Against City Based on Plaintiff’s Failure to Show the City Knew of the Hazard

by Sidney Schupak, Esq.

Recently, a state appellate court issued a written opinion in a personal injury case illustrating one of the difficulties that some Virginia slip-and-fall plaintiffs encounter when filing a case against a landowner. The case required the court to determine if the plaintiff’s case should proceed to trial despite the fact that she did not offer any direct evidence that the city knew the hazard existed. Finding that the plaintiff’s photographs failed to sufficiently prove that a crack in the sidewalk was so old as to impute knowledge of its existence, the court dismissed the plaintiff’s case.The Facts of the Case

The plaintiff was taking a walk to get some exercise along a sidewalk that was maintained by the defendant city. At some point in her walk, the plaintiff tripped and fell on a slab of concrete, breaking her arm. The plaintiff called 911, and the plaintiff’s daughter transported her to the hospital. The next day, the plaintiff met with a police officer and reported her injuries.

Photographs of the sidewalk where the plaintiff fell showed two adjoining concrete slabs, one about 1.5 to 2 inches higher than the other. The plaintiff testified that, while she could not say for sure that she tripped on the raised portion of the concrete slab, she just “knew that her feet hit something.”

July 26, 2018

Court Discusses Non-Delegable Duty in Recent Premises Liability Lawsuit

by Sidney Schupak, Esq.

Recently, a state appellate court issued a written opinion in a personal injury case arising from a slip-and-fall accident occurring in a grocery store. The case is important for anyone who has recently been the victim of a Virginia slip-and-fall accident because it illustrates the concept of the non-delegable duty of a landowner to maintain their property in a safe condition.

The Facts of the Case

The plaintiff visited the defendant grocery store to buy her breakfast shortly after the store opened. However, as the plaintiff approached aisle 13, she suddenly and unexpectedly slipped in a puddle of soapy water. Evidently, the water had been left by the maintenance worker who had cleaned the store’s floors the night before.

The plaintiff filed a lawsuit against three parties: the grocery store, the company that the store contracted with to perform all cleaning services, and the individual contractor who did the actual cleaning the day prior to the plaintiff’s fall. Prior to the case going to trial, the plaintiff settled with the individual contractor and the case proceeded to trail against the grocery store and the contracted cleaning company.

July 18, 2018

Court Discusses Defendant’s Liability in Multi-Vehicle Road Rage Accident

by Sidney Schupak, Esq.

Recently, a state appellate court handed down an opinion in a personal injury case discussing an issue that will be of interest to many Virginia car accident victims. The case required the court to discuss one defendant’s potential liability in a multi-vehicle accident that began with an instance of road rage. Ultimately, the court concluded that the defendant was not liable based on his reaction to another driver’s road-rage induced erratic driving.

The Facts of the Case

The plaintiff was on a highway on-ramp about to get onto the highway when a driver quickly came up from behind her, passed her, and made an obscene gesture as he did so. The plaintiff changed lanes to get behind the car that had just passed her, and as she did that car slammed on its brakes. To avoid what would have been a certain collision, the plaintiff also slammed on her brakes. The driver behind her did the same.

The defendant was two cars behind the plaintiff. As the vehicle behind the plaintiff applied the brakes, the defendant braked as well. However, because his truck was fully loaded with cargo, he was unable to stop in time and ran into the back of car in front of him. That vehicle was pushed into the plaintiff’s car, injuring the plaintiff.

July 10, 2018

The Difficulties of Dealing with Insurance Companies Following a Virginia Car Accident

by Sidney Schupak, Esq.

Virginia law requires that all driver maintain a certain level of insurance coverage in order to legally drive on the state’s public roads. Indeed, car insurance is very important in the event of a Virginia car accident, especially those that result in serious bodily injury. These accidents often result in significant expenses, including medical bills and lost wages, not to mention the emotional toll that being involved in a serious accident can take.

In theory, car insurance should help with these issues by compensating motorists for their injuries. However, in practice, insurance companies often tend to view claims with an eye toward denial or low-ball settlements. This can result in a major headache for accident victims.

Given the realities of insurance coverage, it is important that accident victims do everything they can to comply with all the requirements contained in their policy. A recent case illustrates the difficulties that an accident victim may encounter when filing a claim with an insurance company.

July 6, 2018

Court Rejects Plaintiff’s Slip-and-Fall Lawsuit Based on Defendant’s Argument that Plaintiff Had Equal Knowledge of the Hazard that Caused Her Fall

by Sidney Schupak, Esq.

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 ice that caused her to slip and fall was fatal to her claim against the defendant shop owner. Ultimately, the court concluded that the evidence was undisputed that the plaintiff was aware of the hazard and that she was not forced to leave out the same door she entered. Thus, the court held that the plaintiff’s case was properly dismissed.

The Facts of the Case

The plaintiff was visiting the defendant’s store on an errand for her employer. As the plaintiff approached the front door to the store, she noticed that a water spigot had been left on and that water was spilling onto the pavement and freezing. The plaintiff negotiated the ice without issue and, believing that the ice was a hazard to other customers, let an employee know as soon as she entered the store.

The employee informed the plaintiff that she could leave out a set of rolling doors on the side of the building. The employee gave the plaintiff directions, but instructed the plaintiff not to tell anyone he told her to exit through the door, otherwise he could get fired. The plaintiff found the rolling doors, but they were locked.

June 25, 2018

Arbitration Agreements in Virginia Nursing Home Lawsuits

by Sidney Schupak, Esq.

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 also be a difficult decision, especially given the reputation of nursing homes in general.

While most Virginia nursing homes are staffed with caring workers and provide a good quality of life for residents, one does not have to look far to realize that is not always the case. In fact, it is estimated that more than 1 in 10 residents experience some form of physical abuse or neglect at some point in their stay. Of course, in the event of nursing home abuse or neglect, the nursing home can be held responsible for any resulting injuries.

That being said, holding a Virginia nursing home responsible for a loved one’s injuries can be tricky for a number of reasons. First and foremost, most nursing homes include an arbitration clause in their pre-admission contracts, requiring that any claims be resolved through binding arbitration rather than through the court system.