Bodily Injury

News & Analysis as of

Avoid injury from you child’s backpack

The US Consumer Product Safety Commission has reported that approximately 28,000 individuals in the United States were treated for backpack related injuries last year alone. Unfortunately, 3,203 of those individuals were...more

Common Causes of Slip and Falls

It might sound surprising, but with over 1 million people visiting emergency rooms due to slip and fall injuries each year, falls are the leading cause of personal injury accidents in the country, and the San Fernando Valley...more

Virginia Supreme Court Decides Punitive Damages Case

In the recent case of Cain v. Lee, the Virginia Supreme Court determined that the Circuit Court for the County of Stafford erred when it granted a jury instruction that provided that “punitive damages are generally not...more

Catastrophic Injuries and Your Potential for Financial Recovery

A catastrophic injury is a severe injury to the spine, spinal cord, brain, or skull. It can also include the loss of a limb, severe burns, or a severely damaged organ. These injuries can happen as a result of a number of...more

Making The California Assumption Of Risk Doctrine Work For You

The doctrine of assumption of risk is a legal defense that may operate to relieve a California owner or occupier of and from liability to third parties who are injured on their premises. One species of the doctrine, primary...more

Even the Smallest Dog Bites Can Cause Serious Injuries

Dog bites don’t have to be gruesome to be deadly. In fact, according to health experts, even the smallest injury from a dog bite can be fatal. How so? The high risk of infection due to the type of bacteria that may live in a...more

Signs a Dog May Bite

Dog bites can be traumatic, life-threatening experiences, especially to the young ones who are most often the victims of these vicious attacks (a recent study show that 81% of dog bite attacks involve children). They can...more

School Districts Seeing Stars Over New Concussion Legislation

Last week, Governor Rauner signed into law the Youth Sports Concussion Safety Act (Public Act 99-0245) which includes a number of new requirements relating to student concussions for school districts, charter schools, and...more

Pit Bulls and Dog Bite Attacks

California is a very dog-friendly state and in the San Fernando Valley, it is not uncommon to see individuals, couples, and families dining ‘al fresco’ with their furry best friend or visiting the local park for a doggie play...more

Without So Much as a Fig Leaf . . .

Legal commentators and court watchers rightly complain about activist judges who make laws rather than interpret them. Last month’s decision in the The Babcock & Wilcox Co. et al. v. American Nuclear Insurers, et al., is...more

Sports, Media and Entertainment Intelligence - July 2015

INTERNET EU: The end of roaming charges and the emergence of net neutrality - The European Commission has secured an agreement with the European Parliament and the Council to end roaming charges and to introduce the...more

Bike Accidents: What to Do If You Have Been Injured

In the San Fernando Valley, more and more residents are “going green” and using their bikes to cruise around town. Whether riding to a new spot on Ventura Blvd for dinner or meeting friends for brunch on Calabasas Road,...more

Pennsylvania Supreme Court Holds That Insured May Settle Tort Claim Without Insurer Consent Under “Fair and Reasonable” Standard

In Babcock & Wilcox Co. v. American Nuclear Insurers, a divided Supreme Court of Pennsylvania, deciding an issue of first impression under Pennsylvania law, recently held that when an insurer defends its insured subject to a...more

Fifth Circuit Finds Erosion in Texas—Because Endorsements Are Transformative

In Amerisure Mut. Ins. Co. v. Arch Specialty Ins Co., No. 14-20239 (5th Cir. April 21, 2015), a case that applied Texas law, the U.S. Court of Appeals for the Fifth Circuit recently held that the word “expenses,” as used in a...more

Jeep Hack Drives Cyber, Crisis, Liability and Supply Chain Coverage Issues

A recall notice to fix critical control software on 1.4 million vehicles should raise concerns for companies, brokers and insurers across several business lines. The vulnerability of vital control systems to a remote hacking...more

Are You Covered? The “Care, Custody, or Control” Exclusion

Spring weather systems, such as the storms that have recently produced significant flooding in Texas, frequently create the necessity for restoration and remediation work. In performing such restoration work, it may be...more

Equine Liability: Am I Responsible if my Horse Injures Someone?

It’s your worst nightmare. Your horse just injured someone. It was the final riding lesson of the evening. During the short 30-minute lesson, a student that has been riding with you for six months suffered a serious injury...more

Analyzing the Enforceability of a Release—Was There Gross Negligence?

Woodland Hills personal injury lawyer Barry P. Goldberg is consulted for many very serious injuries sometimes related to fairly dangerous activities and others rather routine. More and more, we are seeing a signed “Release...more

"The" insured versus "any" insured: The Pennsylvania Supreme Court limits the application of the employer’s liability exclusion

Drawing heavily from an amicus brief authored by Reed Smith Insurance Recovery Group (“IRG”) attorneys in Pittsburgh, the Pennsylvania Supreme Court just issued a pivotal decision that effectively shuts down an avenue that...more

Is an Underinsured Motorist Policy Subject to the Automatic Bankruptcy Stay?

Imagine: an employee is injured in a car accident with another driver who is at fault. The employee settles with the at-fault driver for the limits of her liability policy. The employee, whose injuries exceed the at-fault...more

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

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

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