For years, the automobile manufacturers of the world have touted air bags as soft pillows that will greatly reduce injuries and deaths on our nation’s highways. While it is true that air bags have reduced deaths and injuries, these achievements have come at a high cost. Due to the manufacturer’s dec
Monday, April 3, 2006 was a dangerous day on the road. Every Monday following the conversion back to daylight savings time in the Spring is a heavy day for traffic accidents. The problem is that everyone is an hour short of sleep and in a rush. This results in a statistical increase in the number of
I had a great time and got a super result in an automobile wreck case recently in the Norfolk Circuit Court, Virginia. My client was involved in a low speed, low property damage rear end collision. She also had pre-existing conditions in her back and fibromyalgia. I was thrilled when the jury came b
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 o
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, th
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
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 highway
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 liabilit
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,
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.
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
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