Bodily Injury

News & Analysis as of

Unleashed: Dangerous Dogs Directive in Los Angeles

Recently, a Los Angeles County woman was charged with three felony counts for failing to control her vicious dog. Her Akita attacked three separate people in less than two years – the last incident occurring in November. One...more

No Article 17 Accident in Passenger Slip-and-Fall

In Vanderwall v. United Airlines, Inc., __ F. Supp. 3d __, 2015 WL 309094 (S.D. Fla. Jan. 26, 2015), a federal district court in Florida granted summary judgment to the airline dismissing personal injury claims by a passenger...more

Court Rules on “Principal and Permanent Residence” Under MC Article 33

In personal injury or death cases, Article 33 of the Montreal Convention provides five jurisdictions in which an action against the airline can be brought: (1) an air carrier’s place of domicile; (2) an air carrier’s...more

How Washington State victims of drunk driving crashes can get financial support

Victims of drunk drivers qualify for Crime Victim Compensation financial assistance through the State of Washington if they suffered an injury or severe emotional distress resulting from a “vehicular crime.” The Crime Victims...more

Specific Causation + General Verdict = Pain Pump Defense Win

Today’s newsflash: winning is good. Winning is better than losing. Winning at trial is especially good. Winning at trial enhances the chance of winning on appeal. But are there ways to win at trial that improve the odds...more

Slip and Fall Accidents in the San Fernando Valley

Thousands of people are injured each year in San Fernando Valley in “slip and fall accidents,” which may be caused by slipping or tripping on uneven ground, a wet floor, or on unstable stairs. Who is at fault? Property...more

Partial Negligence and Financial Recovery in Slip and Falls

No one expects to have a slip and fall or trip and fall accident but unfortunately, these types of accidents can happen anywhere: in the grocery store, at home, or at work, to name a few places. Anything from debris to...more

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

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