News & Analysis as of

Comparative Negligence

Comparative Negligence and Crashworthiness Collide at the South Carolina Supreme Court

by Nexsen Pruet, PLLC on

The South Carolina Supreme Court recently held that the comparative negligence of a plaintiff, in causing a vehicular collision, is not a defense to product liability crashworthiness claims brought under the theories of...more

Jury Awards $2.1 Million in Slip and Fall Case

by Tucker Arensberg, P.C. on

Juries in Allegheny County, Pennsylvania have been perceived as being relatively conservative and “Defendant-friendly” in terms of awarding compensation in personal injury cases. This trend has been constant since the early...more

How to know when a car driver is at fault in a pedestrian accident?

When a pedestrian suffers an accident because of a car, it usually results in significant damage done to the pedestrian with minimal damage to the car. Hence, “Pedestrians should always go first,” People tend to believe that...more

Arizona Court of Appeals Reverses $1 Million Award of Punitive Damages in Insurance Bad Faith Case for Alleged “Institutional Bad...

by Jaburg Wilk on

In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016), despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona...more

Autonomous Safety Technologies: Lowering the Bar for the Alert and Safe Driver

by Rumberger Kirk & Caldwell on

In 2013, The National Highway Traffic Safety Administration (NHTSA) released a ‘Preliminary Statement of Policy Concerning Automated Vehicles’ (the “Policy”). The Policy includes a classifications system partitioning vehicle...more

Pokémon No! A Strategy Guide on Handling the Latest Smartphone Craze in the Workplace

Although Pokémon Go is only 21 days young, over 30 million users have downloaded and played the augmented reality game on their smartphones. In the latest release of the pocket monster franchise, your mission is to capture...more

Erin Andrew’s Suit Shows Risks to Businesses from Intentional Tortfeasors

by Butler Snow LLP on

Sportscaster Erin Andrew’s suit against a Nashville Marriott and the stalker who the hotel let check-in to a room next to her has made national headlines. When the jury awarded her a total of $55 million damages, with about...more

Summary of California Appellate Decisions -August 2015

Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct - Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) - Facts: This is an...more

Practical Guidance on Application of Caps on Non-Economic Damages and Punitive Damages

by Butler Snow LLP on

In 2011, Tennessee joined a growing number of states that passed tort reform. In Particular Tennessee Code Annotated § 29-39-102 provides for caps on non-economic damages and Tennessee Code Annotated § 29-39-104 provides for...more

Client Alert: First Responders May Not Assert Comparative Negligence of Plaintiff for Pre-Accident Conduct

In Harb v. City of Bakersfield (No. F066839, filed 1/23/2015), the California Court of Appeal, Fifth Appellate District, held that where a plaintiff is seeking damages only for aggravation or enhancement of an injury or...more

Practitioners Beware - Unfavorable Allegations And Disclosure Can Be Used Against Your Client

Arizona is a pure comparative fault state, which allows the finder of fact to apportion fault to parties and non-parties alike. As a general rule, defendants will only be responsible for their apportioned share of fault –...more

Product Liability Update - October 2014

by Foley Hoag LLP on

In this Issue: - Massachusetts Appeals Court Holds Trial Court Properly Instructed Jury on Absolute “Unreasonable Use” Warranty Defense Where Plaintiff Ignored Warning Label and Safety Manual and Had Been Drinking, and...more

The Law of Comparative Negligence & Minors in South Carolina

by Collins & Lacy, P.C. on

From time to time, in both the retail and hospitality settings, we assist clients who have either been sued or threatened with suit arising from claims involving injury to a minor. The alleged injuries can be very serious,...more

Supreme Court of Kentucky Effectively Abrogates the Open-and-Obvious-Danger Doctrine

by Wilson Elser on

Two seminal opinions on premises liability law issued by the Supreme Court of Kentucky have substantially redefined the open-and-obvious-danger doctrine, with significant implications for premises liability claims. ...more

Maryland’s Highest Court Rules It Would Be Contrary to Legislative Mandates for the Maryland Judiciary to Abrogate the...

by Wilson Elser on

Writing for the majority in James K. Coleman v. Soccer Association of Columbia (No. 9, September Term, 2012), Judge John C. Eldridge explained that, even though the court has the authority to abrogate the contributory...more

Michigan Comparative Negligence in Auto Accidents

Early last month a man from Bangor lost part of his left leg after his motorcycle collided with a van in Van Buren County. The van was driven by a man named Watkins, who had apparently stopped at the stop sign, and then moved...more

Injured in an Accident? Did You Do Anything to Cause the Accident? Then, $0 For You In Maryland!

by Pessin Katz Law, P.A. on

Maryland’s highest court, the Court of Appeals, has ruled that if you contribute to your claimed injuries, even if the other party is primarily at fault, then you cannot recover damages for your injuries. This doctrine,...more

A Pedestrian Struck Outside Of A Crosswalk Can Still Bring A Personal Injury Claim

If a pedestrian in Oklahoma is struck by a vehicle while walking outside of the crosswalk, he or she is not barred from filing a lawsuit to receive compensation for injuries that occurred as a result....more

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