News & Analysis as of

Negligence

Carlton Fields

Florida Appeals Court Decisions Week of June 16 - 20, 2025

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U.S. Eleventh Circuit Court of Appeals - Hicks v. Middleton - vicarious liability, employment, course and scope - UHS v. Sec’y of Labor - OSHA, workplace violence, employer - JF v. Carnival - negligence, cruise,...more

Tyson & Mendes LLP

Arizona Business Owners Owe a Duty of Reasonable Safety to Invitees, Unreasonably Dangerous Condition or Not

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The Arizona Supreme Court in a recent opinion held store owners owe a duty to business invitees regardless of whether there was a dangerous condition. In determining whether a duty was owed to a plaintiff business invitee,...more

Searcy Denney Scarola Barnhart & Shipley

Essential Guide to Child Car Safety

As a parent, nothing matters more than keeping your children safe. But, this is often easier said than done. This is especially true when it comes to driving on Florida’s roads. No matter how safely you drive, there are...more

JUSTICENTER

Should I Hire a Lawyer After a Car Accident in California?

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After a car accident, life can feel overwhelming. You may be dealing with injuries, car repairs, insurance calls, and missed work, all while trying to make sense of what happened. It’s natural to wonder if you need a lawyer...more

JUSTICENTER

Shoulder Injuries Caused by Car Accidents

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Car accidents often cause shoulder injuries. These injuries may affect your ability to work, care for yourself, or move without pain. You may struggle with basic tasks or lose access to activities you once enjoyed. Certain...more

Maison Law

Understanding Parental Liability in California Car Accidents Caused by Teens

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Driving is a more dangerous activity for teenagers than it is for their parents, but as parents, you have the ability to allow your teen to drive or not. If you do allow it, the possibility of a crash is very high, and as the...more

Cozen O'Connor

South Carolina’s New Tort Reform and Liquor Liability Law

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On May 28, 2025, South Carolina Governor Henry McMaster officially signed H.3430, also known as Act 42, which amends part of South Carolina’s Contribution Among Tortfeasors Act, S.C. Code Ann. §15-38-15, as well as laws...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 315: Listen and Learn -- The Breach Element of a Negligence Claim (Torts)

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Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the different methods a plaintiff may use to establish the second element of a negligence claim -- breach. We also talk about the "res ipsa loquitur"...more

JUSTICENTER

The Emotional Impact of Car Accidents

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Most people think of broken bones and totaled cars when they imagine a car accident. But the damage often goes deeper than what we can see. The emotional and psychological toll of a crash can be just as serious as physical...more

JUSTICENTER

Motorcycle Lane Splitting and the Law

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Motorcycle lane splitting and the law can draw passionate views. However, it is one of the most misunderstood traffic maneuvers on California roads. It happens when a rider moves between two lanes of traffic, usually to avoid...more

Fisher Phillips

Texas Supreme Court Lets Employers Shift Fault To Third Parties In Worker Injury Suits: Key Takeaways For Workers’ Comp...

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Texas employers that opt out of the state’s workers’ compensation program recently received a big win that will impact litigation strategies. While workers’ comp provides a no-fault system, employers that elect not to...more

Tyson & Mendes LLP

Not So Peachy Lately: Georgia Attacking Nuclear Verdicts® with New Tort Reform Laws

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On January 30, 2025, Governor Brian Kemp, joined by other elected officials and Georgia industry leaders, released his tort reform package in an effort to crack down on Nuclear Verdicts®. An ever-rising number of Nuclear...more

Searcy Denney Scarola Barnhart & Shipley

Trampoline Park Injury Attorneys

Nationwide Representation for Catastrophic Injuries at Sky Zone, Defy, and Similar Parks - Trampoline parks may appear to be family-friendly fun zones—but they are increasingly the site of serious and even life-threatening...more

McGuireWoods LLP

North Carolina: Policyholders Not Contributorily Negligent for Agent’s Misstatements

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In a pro-policyholder ruling, the North Carolina Supreme Court recently held that a homeowner’s claims against an insurance agent for negligence and gross negligence, seeking punitive damages, survived a motion to dismiss...more

Stoel Rives LLP

Limitations of Liability in Construction Contracts: Ironclad Protection or Legal Illusion?

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A contract’s limitation of liability or “LOL” clause is often the subject of considerable attention and negotiation between contracting parties and frequently arises during the contract drafting process in which owners,...more

Cozen O'Connor

Georgia’s 2025 Tort Reform: What Businesses, Insurers, and Litigators Need to Know

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In recent years, Georgia has earned a prominent—and troubling—spot on the American Tort Reform Association’s annual “Judicial Hellholes” list, drawing national attention to the state’s increasingly unpredictable and...more

JUSTICENTER

Safety Tips for Sharing the Road With Motorcyclists

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Motorcycles share only a small slice of overall miles driven, but they account for a large share of traffic deaths. In 2021, over 6,200 motorcyclists lost their lives — about 15 percent of all traffic fatalities. Since...more

Epstein Becker & Green

Distinguishing Deceptive Trade Practices From Negligent Care: Exploring the Boundaries Between Consumer Protection and Medical...

Hospitals and health systems are familiar with traditional medical malpractice cases, but as healthcare is increasingly seen as a business, healthcare providers need to understand the potential for, and limitations of claims...more

Searcy Denney Scarola Barnhart & Shipley

Should You File a Personal Injury Claim? 10 Key Facts for Accident Victims in Florida

If you were injured in an accident in Florida, you may have a personal injury claim. Florida law entitles accident victims to just compensation in a wide range of circumstances. But if you have a claim, it is up to you to...more

Lathrop GPM

Supreme Court of Texas Holds Franchisor Lacked Control Over Franchisee Sufficient to Create Duty of Care to Customer that Alleged...

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The Supreme Court of Texas recently ruled that franchisor Massage Heights did not owe a duty of care to a massage customer who alleged a sexual assault, because, among other reasons, Massage Heights had neither the...more

Wiley Rein LLP

Supreme Court Blocks Mexico’s Gun Lawsuit: PLCAA Shields U.S. Firearm Makers from Litigation

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On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts...more

Searcy Denney Scarola Barnhart & Shipley

Should You File a Slip and Fall Claim? Here’s What You Need to Know

If you were injured in a slip and fall accident, should you file a claim? Injuries from slip and fall accidents can be incredibly expensive, so it is important to make an informed decision about asserting your legal rights....more

Maison Law

Hit-and-Run Accidents in California: Your Legal Options

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A wide variety of car crashes and other traffic accidents occur on California's roads each year. Common causes of accidents include actions by distracted, impaired and inexperienced drivers and vulnerable road users; adverse...more

Cranfill Sumner LLP

Slip, Trip, Splash: Summer Hazards on Commercial Property

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Summer brings sunshine, sandals—and a spike in slip-and-fall accidents. As crowds flock to pools, amusement parks, outdoor malls, and restaurants with patios, property owners and businesses need to stay vigilant....more

Searcy Denney Scarola Barnhart & Shipley

Rear-End Collisions: Why They’re Often Much Worse Than They Look

When people see a car flipped over in an accident, they often react with a shudder and assume it’s pretty serious. Similarly, if you consider what happens when two cars hit head-on, you might assume it would result in a...more

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