Bodily Injury

News & Analysis as of

Release of Liability of Company’s Own Ordinary Negligence Valid

In Grebing v. 24 Hour (filed 1/29/15, Case No. B255866), the California Court of Appeal, Second Appellate District, upheld the validity of 24 Hour's release of liability for its own negligence and further affirmed that 24...more

What to Expect When Meeting Your Personal Injury Attorney for the First Time

Woodland Hills personal injury lawyer Barry P. Goldberg understands that most people are nervous about meeting a lawyer for the first time because most people have been able to avoid legal disputes most of their lives. When...more

Appellate Court Notes

- SC18927 - State v. Gonzalez - AC35406 - Rodriguez v. State - AC35570 - Tremper v. State - AC35972 - Bouchard v. Deep River [Dumpster diving can be hazardous to your health. As a devotee of the...more

Appellate Court Notes

- SC18997 - Ruiz v. Victory Properties, LLC - SC18997 Dissent - Ruiz v. Victory Properties, LLC This is a continuation of an earlier Appellate Court decision I reported on, which held the landlord responsible...more

How Do I Know if I Have a Premises Liability Claim?

Winter Weather and Premises Liability - Injuries that lead to premises liability lawsuits can happen during any month of the year, but the winter months tend to be particularly hazardous. For example, a recent report...more

The Blame Game- Unhealthy Lifestyles and Work Comp

I believe that people are responsible for their actions in life, particularly  decisions they make that affect their own personal health. Although I represent injured people, I may personally disagree with a sensational jury...more

Win Some, Lose Some: Assumption of Risk Defense Fails for Sports Complex Owners; Claims Against Dome Seller Dismissed

A plaintiff bringing product liability and premises liability claims against multiple defendants in an effort to cover all bases often leads to different legal defenses among classes of co-defendants and a scattered offense...more

Failure to Produce Social Media Data Leads to Heavy Sanctions (Virginia)

Federico v. Lincoln Military Hous., 2014 WL 7447937 (E.D. Va. Dec. 31, 2014). In this tort action, the plaintiffs sought to recover damages allegedly caused by harmful mold in a military housing complex. The plaintiffs...more

What does pain and suffering include?

When Chicago residents are involved in a car accident, they can experience a wide range of consequences, from minor aches and pains to complete disability. ...more

Property Owners Beware! There is a Duty to Warn of Dangerous Dog!

Woodland Hills personal injury attorney Barry P. Goldberg handles several significant dog attack cases every year. Most people know that in California, the dog owner is strictly liable for dog bite injuries. However, most...more

If You Post It, Your Opponent Can Probably Discover It

In March we ran a post on how important videos, photographs, and statements on social media sites can be when investigating a property loss. A picture is literally worth a thousand words. Earlier this month, a Florida court...more

Dog Bite Injuries and Your Financial Recovery

The United States is home to close to 80 million dogs, which means the chances are high that each of us will encounter “man’s best friend” at some point in our lifetime, if not on a regular basis. While most dogs are...more

Third Circuit Finds that the Federal Railroad Safety Act's Anti-Retaliation Provision Does Not Cover Employees Treated for...

In a case of first impression with far-reaching implications for the railroad industry, the Third Circuit has held that the provision of the Federal Railroad Safety Act (FRSA) prohibiting discipline of employees for...more

Indemnification by Insurance Precluded under Wyoming Anti-indemnity Statute in Oil & Gas Personal Injury Coverage Dispute

On December 19, 2014, the Federal District Court in Wyoming issued a decision in Lexington Insurance Company v. Precision Drilling Co., LP, et al. , D. Wyo., Case No. 12-cv-070-J, extending the reach of the anti-indemnity...more

Drone on Drones: Drones on Drones

Domestic drone use presents a variety of problems, from worries about privacy and pervasive surveillance, to fears of public safety and concerns about how a crowded airspace may change life on the ground. But one new idea...more

California Expands the Duty of Professional Consultants

Professional consultants and sub-consultants provide essential services to a Project during its planning, design, construction, and acceptance. In some jurisdictions, they enjoy protections from liability for “economic...more

Florida Court: Facebook Users Have Only "Minimal" Privacy for Posted Photos - "Private" Facebook and Other Social Media Pages Are...

A Florida appellate court has ordered a plaintiff to produce photographs from her "private" Facebook page in an important decision holding that Facebook users' privacy interests in the content they post – regardless of the...more

Punitive Damages Claims May Proceed Against Boston Scientific

Several plaintiffs that were implanted with Boston Scientific’s Obtryx transobturator Mid-Urethral Sling System alleged in their lawsuits that the manufacturer, Boston Scientific, ignored warning that devices containing...more

Later Injuries Resulting from Car Accidents

Many times, car accident victims do not initially realize the extent of their injuries. Perhaps they were able to leave the scene of an auto accident on their own, without the assistance of medical help. ...more

A DJ is a Sometime Thing: In Declaratory Judgment Actions Over Coverage, the Sixth Circuit Gives Trial Courts a Wide Berth

The Declaratory Judgment Act, 28 U.S.C. § 2201, gives federal district courts “unique and substantial discretion” over whether to hear suits seeking a declaration of rights. Wilton v. Seven Falls Co., 515 U.S. 277, 286...more

Livsey v Australian National Car Parks Pty Ltd – Boom gates: a classic example of both inherent and obvious risk

In Livsey v Australian National Car Parks Pty Ltd, the Plaintiff walked out of a car park using the vehicle driveway rather than the pedestrian path and suffered minor injuries after being hit in the head by a boom gate. She...more

New York Court of Appeals Holds Non-Cumulation Clauses Applicable to Lead Paint Claims

In its recent decision in Nesmith v Allstate Ins. Co., 2014 NY Slip Op 08217 (N.Y. Nov. 27, 2014), the New York Court of Appeals – New York’s highest court – had occasion to revisit the application of “non-cumulation” clauses...more

When In Doubt, File the Limitation Complaint (Part III): The Test Is Reasonable Possibility

On December 3, 2014, the Fifth Circuit, in In re: RLB Contracting, Inc., No. 14–40326 (5th Cir. Dec. 3, 2014), concluded that an ongoing exchange of correspondence between counsel for a dredge involved in a maritime casualty...more

Illinois Supreme Court Agrees to Decide Whether Fees Must be Deducted From Health Care Settlements Before Applying Liens

In the final days of its November term, the Illinois Supreme Court allowed a petition for leave to appeal in McVey v. M.L.K. Enterprises, LLC. McVey, a case from the Fifth District, presents the following question: must...more

Tracy Morgan Lawsuit Stalls, Star Suffers Brain Injury

Many people are familiar with the catastrophic trucking accident that left comedian Tracy Morgan severely injured and in a coma. Five months later, Tracy is still fighting to recover. According to a recent Associated Press...more

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