News & Analysis as of

Comparative Negligence

Baker Botts L.L.P.

First Court of Appeals Decision Broadly Applies Express Negligence Doctrine

Baker Botts L.L.P. on

Contracting parties operating in Texas are no doubt mindful of the express negligence rule: If the contracting parties intend to indemnify a party for the consequences of its own negligence, they must specifically and...more

Kerr Russell

Wet Floor Warnings in Premises Liability Cases After Elimination of Open and Obvious

Kerr Russell on

In July of 2023, the Michigan Supreme Court decided the combined cases of Kandil-Elsayed v F&E Oil, Inc. and Pinsky v Kroger Co. In these rulings, the court announced that whether a condition is open and obvious will be a...more

Morris James LLP

How Hard Is It to Win a Personal Injury Lawsuit?

Morris James LLP on

When you’ve been hurt because of someone else's carelessness, whether in a car crash, a fall on unsafe property, or another preventable accident, you may be wondering: Is it even worth pursuing a lawsuit? Really, how hard is...more

Morris James LLP

Car Accidents in Snowy Conditions: Legal Liability, Negligence, and States of Emergency

Morris James LLP on

Winter weather significantly increases the risk of motor vehicle accidents. Snow, ice, and reduced visibility contribute to thousands of crashes each year, raising complex legal questions about fault, negligence, and...more

Stark & Stark

Snow and Ice Slip-and-Falls: Safety Tips and Your Rights in NJ & PA

Stark & Stark on

As New Jersey and Pennsylvania brace for a big snowstorm this weekend, slippery sidewalks, parking lots, and steps can turn a routine trip into a serious injury. If you’re hurt in a fall on snow or ice, knowing what to do—and...more

White and Williams LLP

Massachusetts Nuclear Verdict Leads To $90M Bad Faith Award

White and Williams LLP on

Insurers in Massachusetts have long struggled with the demands of MGL ch. G.L.c 176D, § 3(9)(f), which requires “prompt, fair and equitable settlements of claims in which liability has become reasonably clear.” Last month a...more

JUSTICENTER

What to Do at an Intersection With Flashing Lights

JUSTICENTER on

When a lighted intersection isn’t functioning properly, the lights for one set of lanes typically begin flashing red, and the adjacent set of lights typically begin flashing yellow. Knowing what to do at these intersections...more

JUSTICENTER

Secrets of Geico Accident Claims

JUSTICENTER on

GEICO is one of the largest auto insurance companies in the United States, and many California accident victims find themselves dealing with GEICO adjusters after a crash. While GEICO promotes its friendly customer service...more

Husch Blackwell LLP

Illegality Defense Bars Recovery in Kansas Inhalant-Abuse Case

Husch Blackwell LLP on

Each year, thousands of individuals are severely injured or die from intentional inhalation of everyday products like computer duster to achieve a euphoric high. When these injuries or deaths lead to lawsuits against...more

Maison Law

E-Bike Accidents in California Cities: Navigating Liability and Insurances

Maison Law on

According to Statista, electric bike retailers throughout the United States are projected to sell 1.58 million units by the end of 2025 and bring in an estimated $2.17 billion in revenues. With a more year-round outdoor...more

Maison Law

California Delivery Driver Injuries and Premises Liability

Maison Law on

More people and businesses than ever before are taking deliveries at their homes and businesses. While this is great for product availability and the economy, it also places delivery workers in situations where they may...more

Maison Law

Pre-existing Conditions and Personal Injury Claims: What You Need to Know

Maison Law on

Significant injuries are, by their very nature, stressful. But that stress is typically compounded when it's wrapped up in legal problems or additional medical issues....more

JUSTICENTER

What Are Extenuating Circumstances?

JUSTICENTER on

Extenuating circumstances may be present in both civil and criminal cases. In a criminal case, extenuating circumstances are factors present in the case that make the defendant’s actions seem less severe. In civil cases,...more

Marshall Dennehey

New York Appellate Division Grants Summary Judgment, Holding Driver With Right-of-Way Not Comparatively Negligent in Police...

Marshall Dennehey on

Brown v. City of Buffalo, No. 24-01627, 373, 238 N.Y.S.3d 358, 2025 N.Y. Slip Op. 03902, 2025 WL 1776988 (N.Y.A.D. 4 Dept., June 27, 2025) - The plaintiff brought this negligence action for damages after he sustained injuries...more

Marshall Dennehey

Commonwealth Court Vacates Verdict, Holding Comparative Negligence Instruction Improper in Dog Attack Case

Marshall Dennehey on

Coffin v. Carbon County Animal Shelter, 2025 WL 2048561 (Pa. Cmwlth. 2025) - When the plaintiff, a volunteer at the dog shelter, arrived at the shelter, a dog on a leash jumped up. The plaintiff moved away and told an...more

Maison Law

Autonomous Vehicle Accidents: Who's Liable when Self-Driving Cars Crash?

Maison Law on

Autonomous, or self-driving, vehicles have become increasingly popular in transportation due to recent advances in automotive and computer technologies. Millions of drivers rely on computer systems in their cars to perform...more

Maison Law

California Pedestrian Accidents: Driver Negligence Versus Pedestrian Comparative Negligence

Maison Law on

In California, pedestrian accidents are among severe traffic incidents. Even a slow-moving vehicle can lead to life-changing injuries. Determining who should be legally held responsible is often complicated since both drivers...more

Rumberger | Kirk

Navigating the Shift: Florida’s Comparative Negligence Jury Instructions After HB 837

Rumberger | Kirk on

In March 2023, House Bill 837 was signed into law, passing sweeping tort reform aimed at bringing balance to Florida’s tort litigation. The bill was intended to fix what many in Florida saw as a broken system by reducing the...more

Searcy Denney Scarola Barnhart & Shipley

Can I File a Personal Injury Claim if I was Partially At Fault in the Accident?

If you were seriously injured in an accident that was someone else’s fault, you are entitled to just compensation under Florida law. But, what if you were partially at fault in the accident? ...more

Maison Law

Personal Injury Case Valuation: How an Attorney Calculates What Your Claim is Worth

Maison Law on

If you get injured in a California accident, one early question that will come to mind is how much your case might be worth. Every claim is unique, but lawyers follow a structured approach when determining the possible case...more

Maison Law

How California's Distracted Driving Laws Impact Personal Injury Claims

Maison Law on

In California, there are roughly 500,000 automobile collisions that take place every single year. Of that number, around 250,000 people are injured. This equates to a lot of personal injury claims from drivers and passengers...more

Maison Law

Construction Accident Liability in California: Contractors, Subcontractors, and Property Owners

Maison Law on

Accidents happen on and near California construction sites all the time because of naturally hazardous conditions that include the presence of heavy and sharp building materials and equipment, large numbers of workers...more

Maison Law

California Pedestrian Rights vs. Driver Responsibilities: Understanding the Law

Maison Law on

California is known for its busy and beautiful cities, scenic highways, and, unfortunately, high numbers of pedestrian accidents. To address this, the state has implemented detailed laws that balance pedestrian rights with...more

Mandelbaum Barrett PC

Are Dog Owners Strictly Liable for Bites and Attacks in New Jersey?

Mandelbaum Barrett PC on

When a dog suddenly attacks and bites, an innocent interaction can turn into serious injuries. Beyond the immediate physical trauma, questions may arise about who is responsible and if your medical bills will be covered. With...more

Marshall Dennehey

Appellate Court Reverses Summary Judgment, Finds Triable Issues of Fact in Vehicle Collision Liability Dispute

Marshall Dennehey on

Tsering v. Fifth Ave. Foods, LLC, 236 A.D.3d 703 (N.Y. App. Div. 2025) - On appeal, the Supreme Court of New York, Appellate Division reversed a trial court’s order granting summary judgment on the issue of liability because...more

74 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide