Bodily Injury

News & Analysis as of

What Makes a Product Defective?

Many consumer products harbor hidden dangers the average person may be unable to anticipate. While these dangers may not be immediately apparent, manufacturers have a responsibility to ensure that their products are safe for...more

Torts – Duty of Care to Known Intoxicated Persons

Jason Carlsen v. Sarah Koivumaki and Zachary Gudelunas - Court of Appeal, Third Appellate District (Shasta) (July 7, 2014) - Courts are often called upon to struggle with the issue of responsibility of others...more

Alabama Supreme Court Reverses Course, Finds Insurance Coverage for Faulty Workmanship Claims

Companies such as homebuilders, construction companies and contractors face significant financial risk from bodily injury and property damage claims arising from allegedly faulty workmanship or construction defects. Although...more

What Not to Do After an Accident

The hours and days following an accident in which you suffer injury can be confusing and stressful. Nevertheless, mistakes made during this time period can affect the entire life of your civil case. Since it is common for a...more

Tips for Preserving Evidence After an Auto Accident

Immediately following an accident, make sure you, your passengers and the other driver are safe. If necessary, call for medical attention and take precautions so other motorists do not hit your disabled vehicles....more

Injured in a Car Accident When Your Friend Was Driving?

Personal injuries, especially those suffered in auto accidents, can expensive, debilitating, and life changing. Remember the McDonald's hot coffee case? The 79-year old victim suffered painful third-degree burns, required...more

District Court Dismisses Skydiver’s Action Against Aircraft Liability Insurer Based on Jumper Exclusion

U.S. District Court, Western District of Virginia - In McGirk v. Certain Underwriters at Lloyds’s, -- F. Supp. 2d --, 2014 WL 690684 (W.D.Va. Feb. 21, 2014), the U.S. District Court for the Western District of Virginia...more

Get Technical in Your Next Personal Injury Case

Feeling out of your element by the technical aspects of your personal injury case? Get a technical experts on your team! Here’s how technical experts can help in common personal injury cases, such as slip and fall, car...more

The Court of Appeal’s Most Recent Comment on Jurisdictional Issues

In Tamminga v. Tamminga [2014 ONCA 478], the Court of Appeal considered whether an Ontario resident, who was injured after falling off a truck in Alberta, could maintain a claim in Ontario. Both owners of the truck were...more

Certification Denied for Purchasers of Product Awash with Design Differences

The Central District of California denied Plaintiff’s motion to certify a class of purchasers of Defendant’s washing machines that contain an air hose connected to an air dome. Plaintiff alleged the connection between the...more

Environmental Alert: "Texas Supreme Court Clarifies Causation Standard in Multiple Source Toxic Tort Cases"

The Texas Supreme Court took what appears to be a middle ground in toxic tort cases involving exposure to the same substance from multiple sources. The Court rejected the “but for” standard advocated by the defendant, but...more

Inadvertence May Be Unavailing, Says the Fifth Circuit on Judicial Estoppel

The Fifth Circuit became the second United States Court of Appeals to establish a three prong test for determining whether a bankrupt debtor should be judicially estopped from pursuing a cause of action that she failed to...more

Lo-Papa v. Certas Direct Insurance Company and the Minor Injury Guideline

A recent decision by the Financial Services Commission of Ontario reiterates that the onus to prove entitlement to benefits and treatment outside of the Minor Injury Guideline rests with the Insured....more

Texas Supreme Court: “Dose Matters” In Mesothelioma Cases Bostic v. Georgia-Pacific Corp., No. 10-0775

Yesterday, the Texas Supreme Court reaffirmed the substantial-factor standard of causation recognized in Borg-Warner Corp. v. Flores, and held that it applies in mesothelioma cases. The Court made clear that in...more

Summer Months and Related Injuries

All of the great things about summer: long days, warm weather, and (hopefully) time off of work or school, are also the very same reasons that summer in the San Fernando Valley can be the most accident-ridden time of year for...more

Searcy Denney Files Additional Lawsuits Over Defective DePuy Pinnacle Metal-on-Metal Hip Implants

Searcy Denney’s Mass Tort Unit recently filed two new individual lawsuits on behalf of clients who have suffered personal injuries as a result of their defective DePuy metal-on-metal hip implants. The first case was filed on...more

Savannah Settled with Injured Woman for $9.5 Million — City Should Have Known About Damaged Tree

Shanta Greene’s cousin and his young son picked Ms. Greene up from her job as assistant manager at a Wendy’s restaurant in July 2010. As they drove along Bee Road and 42nd Street, a tree limb broke lose and landed on top of...more

Cornell Ruling Is Cause for Experts’ Concern

I recently co-authored an article for Law360 entitled “Cornell Ruling Is Cause for Experts’ Concern,” which covered the ruling by the New York Court of Appeals in Cornell v. 360 West 51st St. Realty, LLC (2014 NY Slip Op...more

Are Personal Injury Damages Avaiable in a Nuisance Case?

As promised, on May 22, today’s post is a study of the personal injury issues raised by the defendants in Parr v. Aruba. In this post we raise the question and discuss what the parties believe the answer should be....more

Expert Witnesses Not Required to Rule Out All Possible Causes in Product Liability Actions

On June 6, 2014, the 8th Circuit Court of Appeals reversed a district court decision excluding three experts, who were critical to the plaintiff to show causation, on the basis that they did not reliably rule out alternative...more

Shatto v. Mcleod: The “Specifics” (Or Lack Thereof) In Circumstantial Evidence

The South Carolina Court of Appeals recently had its second go-around with a workers’ compensation claim filed by a nurse anesthetist against a temporary medical staffing agency and against the hospital where that agency...more

Is The Employee Who Injured Me Responsible for My Injuries?

A tort is a civil wrong that causes an individual to suffer harm, loss, or other injury. Generally speaking, the person who commits the tortious act is legally responsible for the victim's injuries. The theory of tort law...more

$2.9 Million Jury Award For Texas Fracking Claim: Lessons for Energy Company Risk Managers

A jury in Dallas recently awarded $2.9 million to a Texas family in one of the first trials involving allegations that hydraulic fracturing caused nearby residents to suffer health problems and property damage. Although...more

Medical Malpractice Law: Orthopedic Malpractice [Video]

Medical malpractice attorney, Chris Messerly, explains what types of injuries can be caused by orthopedic malpractice and the appropriate standard of care....more

California Court of Appeals: Insurer Liable for Settlement Negotiated by Insured

California Court of Appeals affirms a jury verdict finding an insurer liable for settlement costs of its insured when the insurer refused to defend its insured in bad faith. San Diego Apartment Brokers (“Brokers”)...more

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