A tricky point that applies when a personal injury occurs on a boat (commercial or otherwise) is whether the closest state negligence law applies, or whether federal maritime law applies. The point can be critical on many evidence issues, as Virginia still holds that contributory negligence of an in
Virginia and North Carolina offer special amenities to residents and visitors: beautiful oceans, bays and waterways. One of the most popular aquatic pastimes is the use of a personal watercraft (PWC), including jet skis, waverunners, waterbikes and waterscooters, representing a market that has ballo
The Federal Rail Safety Act (FRSA) was enacted by Congress in the 1970’s to improve nationwide railroad safety, and to make sure uniform laws applied to essential railroad safety for trains travelling through multiple states. The idea was that individual states could not enact a hodge podge of diffe
Per the Federal Railroad Administration’s Web site, there have been 10 reported accidents involving trains and motor vehicles at public and private crossings in Virginia through the first three months of 2006, assuming that the statistics are correct. There have been more since March 2006 in Virgini
The highway death rate increased in 2005 for the first time in about 20 years, according to recently released federal statistics. Although more people are using safety belts and there have been various national campaigns against drunk driving, 43,200 people died in motor vehicle wrecks in 2005, acco
The news media seems to be reporting on all kinds of cases of wrongful death, serious injuries, and sexual abuse at nursing facilities. Seniors at nursing homes are so vulnerable to malpractice and poor medical care in the first place. Most states have specific statutes covering medical malpractice
Any “crisis” that may have existed in the medical malpractice insurance industryis now reported to be officially over according to a recent study released by the non-profit group Americans for Insurance Reform (AIR). According to this report, rates ofmedical malpractice insurance coverage have seen
Everyone knows the story of Jeffrey Wigand, “the insider” who blew open the truth about the tobacco industry “conspiracy” of silence relating to cancer and diseases caused by tobacco. But have you ever heard of David Nelson, the railroad industry “insider” who blew the whistle on CSXT’s rail crossin
Norfolk Southern Railway Company and other major Railroads are always patting themselves on the back about their safety records. The railroad industry has historically been one of the most dangerous occupations in America. As a result of the dangers, a separate federal law covers railroad workers wh
As current chairman of the Association of Trial Lawyers of America’s “Railroad Law Section” I have closely followed the argument by the nation’s railroads that adding simple stop signs to highway grade crossings makes them safer, reducing the risk of injuries or deaths. The railroad arguments seemed
It is whispered that the nurses that really “care” about their patients will only go so far to protect a negligent doctor or hospital from “whistleblowing” –when they know malpractice has occurred. Will a nurse “whistleblow” even when they worry that they could be fired or disciplined for notifying
Virginia continues to have a lower rate of serious disciplinary actions against its doctors than most states. According to the non-profit research group, Public Citizen, the rate of serious disciplinary actions against doctors in Virginia has fallen consistently over the last four years. The organiz