Bodily Injury

News & Analysis as of

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

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

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