It is reasonable for the law to impose upon the innkeeper, and on the common carrier, a duty to take reasonable precautions to protect his guests against injury caused by the criminal conduct on the part of other guests or strangers if the danger of injury by such conduct is known to the innkeeper or reasonably foreseeable...." In March, 2006, the Virginia Supreme Court announced a...
A Canadian Pacific Railway train derailed in January 2002 near Minot, North Dakota, spewing anyhydrous ammonia from tankar cars, causing extensive property damage and personal injuries. First, the federal district court certified a class action. The Court lowered the boom later. On March 6, 2006, the U.S. District Court threw out every count of a plantiff's Class Action (D. N.D) finding...
Virginia has special rules regarding what damages are recoverable in personal injury cases including special rules relating to what some would call "double recoveries" of medical expenses. It is best to use examples to explain some of the rules. Imagine you have a health insurance policy, and a car insurance policy on your own vehicle but you are hurt in a crash when a careless driver runs a...
Uninsured motorist coverage is probably the most misunderstood form of car insurance in the State in Virginia and probably in most other states as well. I have had injured clients tell me that they are not happy about having to pay money for darn uninsured motorists operating on the Virginia highways. What they do not realize is that the uninsured motorist coverage on their own car insurance...
Virginia law has a special "food warranty" that is an obligation on any seller or distributor of foods or consumable or edible products. The warranty provided by such sellers is that the product or consumable is wholesome for human use. The violation of this warranty may impose strict legal liability on the company or person under Virginia law making the person or company responsible for...
Virginia follows some special tort rules when it comes to blasting, electricity, explosives and gas. Any person who is involved with explosive products or blasting activities must use use a high degree of care, corresponding to the dangers involved, to prevent injury to others. If this is violated, there is "strict liability" on the person or company involved with the explosives. The law...
Can you recover for a personal injury if the investigating officer or company representative never filled out an accident report? For example, if a police officer in Virginia believes that the damage to the cars involved in the wreck are minimal, he or she may not fill out a formal accident report. Sometimes we are contacted by clients who are wondering whether they can bring a personal injury...
There are several categories of railroad injury related cases. First, a federal law, the Federal Employer's Liability Act (FELA), gives rail workers the right to sue their railroad employer directly for injuries suffered on the job--this law trumps workers compensation entirely. Accidents and serious injuries do happen, and many are caused by the fault or negligence of a railroad in ways that...
Medical malpractice lawsuits are attacked by doctors and major insurance companies, but the laws that permit these suits are critical to assuring that the delivery of medical care in the U.S. is improved. Simply stated: without the risk of economic penalty for poor care, U.S. medical services would be far worse today. In fact, recent studies have shown that medical malpractice claims have NOT...
Due to the huge size, weight, and speed at which trucks and tractor-trailers travel on our nation's highways, accidents involving motor vehicles, cars, trucks and trailers can be catastrophic or even fatal. Tracking down the proper entity, or just the proper insurance sources, can be frustrating. Also, there are numerous federal and state regulations that govern trucking activities and motor...