Negligence

News & Analysis as of

And The Defense Wins

DRI members Jeff Curran of Gable Gotwals in Oklahoma City and Leighton Oshima of Oshima, Itomura and Fujimoto in Honolulu recently obtained a unanimous defense verdict for a national retailer in Hawaii Circuit Court. Gail...more

From the Benesch Transportation Archives: To Delivery....And Beyond!: The Boundaries of Carrier Liability for Unloading (A Clear...

Introduction: Carmack Boundaries and the Blurring of Unloading Functions - Under the Carmack Amendment, a carrier is liable for the actual loss of goods which “arrive” damaged 49 U.S.C. §4706(a)(1). But when does that...more

Cramer v. Starr

A Tort Defendant May Name Plaintiff’s Subsequent Physician As A Non-Party At Fault, Despite The “Original Tortfeasor Rule” - Arizona’s comparative fault statute (UCATA) requires the trier of fact in a tort case to...more

Autonomous Vehicles: A Case Study of Liability and Insurance

The crash of a vehicle operating in semi-autonomous or fully autonomous mode presents a headline-grabbing opportunity to question the technology and the pace at which it is being introduced. Every accident resulting in injury...more

Products Liability: Appellate Victory of Children's Products Manufacturer Shows the Importance of Understanding State Products...

On July 5, 2016, the United States Court of Appeals for the Eighth Circuit affirmed a jury verdict in favor of Dorel Juvenile Group, Inc. ("Dorel") in a case involving claims that a defective doorknob cover manufactured by...more

Careful Who You Trust. A Lender Can Be Liable For The Negligence And Misrepresentations Of Its Loan Servicers, Even Absent Any...

In the recent case of Daniels v. Select Portfolio Serving, Inc., the California Court of Appeal has held that a lender may be liable for the negligence and misrepresentations of the lender’s servicer, without any contractual...more

I Was Injured at Work, But my Employer Does Not Have Workers Comp Insurance!

Woodland Hills personal injury attorney Barry P. Goldberg is called about every imaginable type of injury. Sometimes, clients are seriously injured at work and Workers Compensation is the “Exclusion Remedy,” with very few...more

Western District of Virginia Confronts Several Legal Issues That Frequently Impact Multi-Party Construction Disputes – Economic...

Allstate Insurance Company v. Structures Design/Build, LLC, 2016 U.S. Dist. LEXIS 34349 (WD VA March 17, 2016) - This construction dispute case arises from a failed pipe connector that caused water damage to a facility...more

It’s Just Too Much

We’ve blogged before about the long-running appeal in the Polett v. Public Communications litigation. That’s the case where the plaintiff had knee implant surgery that was so successful she agreed to make a promotional video...more

Home Depot Challenges Banks’ Standing to Recover Losses Related to Data Breaches

In the aftermath of major data breaches at deep-pocketed retailers and other businesses, there is typically no shortage of litigants who move quickly to seek compensation from the business at which the breach occurred. But...more

How Regulations Protect Workers when Handling Explosives

There are over 650,000 chemicals in use within the United States. These chemicals are used to make everything from plastics and furniture, to bedding and food. These chemicals and the production processes they are used in are...more

The Duty of Care to Distressed Employees

The Supreme Court of Queensland has allowed a negligence claim by a former nursing home administrator whose pre-existing anxiety disorder was exacerbated by work stressors1....more

Appellate Court Notes

AC36912 - Whitney v. J.M. Scott Associates, Inc. Plaintiff entered into an employment and stock purchase agreement with the owner of the company, that provided if he were terminated without cause before the end of five...more

Establishing Negligence in a Slip and Fall Case

Slip and falls are consistently among the most common causes of accidental injury in the United States. These incidents have the potential to leave victims with extremely serious injuries. This is particularly true for people...more

Health Alert (Australia) July 4, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Victoria 24 June 2016 - Inquest into the death of Graeme John Jennings - On 17 April 2012, Mr Jennings was involved...more

Boating Accidents Grow More Serious On Area Lakes

High temperatures and low gas prices contributed to a rise in the number of boaters on area lakes in recent years, and the number of boating related accidents increased accordingly. Victims of boating accidents sought an...more

Passengers Hold Airlines Accountable For In-Flight Injuries

Injuries on aircraft are a growing problem. The FAA estimates that more than 4,500 people a year are injured from falling luggage alone, and many more suffer because of airline negligence or malfunctioning equipment....more

How to Avoid Getting Popped: Top 10 Texas Firework Laws

Sure, fireworks are fun, but it’s important to be cautious and careful. We covered firework laws in the 2008 and 2014, but a few things have changed. Below are Texas’ top 10 firework laws you need to be aware of before...more

The Difference Between Manufacturing and Design Defects

Some plaintiffs seem to think that if they allege any problems about anything in the manufacturing process of a prescription medical product, then it falls under the rubric of “manufacturing defect.” They’re wrong, of course....more

Construction Contractor Faces Manslaughter Charge in Worker’s Death

A New York man and two construction companies he owns have been indicted on manslaughter and other charges in the death of an employee who plunged six stories to his death after allegedly being directed to perform work...more

Rocket's Red Glare: Burns & Other Injuries From Fireworks

According to the Consumer Products Safety Commission (CPSC), about 230 people are rushed to an emergency room daily between June 20th and July 20th each year, because of serious fireworks injuries. More than half of these ER...more

The Supreme Court - June 2016 #6

The Supreme Court of the United States issued decisions in five cases on June 23, 2016: Fisher v. University of Texas at Austin, No. 14-981: Petitioner Abigail Fisher applied for admission to the University of Texas at...more

The Failure to Issue a Legal Hold Can Cause a Case to Crash and Burn

Bruner v. Am. Honda Motor Co., No. 1:15-00499-N, 2016 U.S. Dist. LEXIS 62810 (S.D. Ala. May 12, 2016). Where a defendant had never initiated a legal hold and had been continuously deleting e-mails since litigation began,...more

Caps on damages remain an open question in medical malpractice cases

Caps on non-economic damages from malpractice suits remain an issue for the courts to decide, which complicates understanding your rights even more. There are still questions about whether Tennessee’s laws concerning...more

The limits of negligent misstatement

The house always wins - except, it seems, at the Court of Appeal. The appellant bank did not owe a duty of care to Playboy Club's casino for a negligent misstatement as to a gambler's creditworthiness made to a sister...more

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