News & Analysis as of

Strict Liability Bodily Injury

Mitchell, Williams, Selig, Gates & Woodyard,...

Lithium-Ion Battery/Common Law Action: Faulkner County, Arkansas Circuit Court Complaint Filed Alleging Personal Injuries Due to...

Andrew Riggs (“Plaintiff”) filed an April 24th Complaint in the Faulkner County, Arkansas Circuit Court alleging personal injuries when to what is described as a 21700 lithium-ion battery exploded. See 23CV-25-965....more

Segal McCambridge

The Evolving Landscape of Federal Preemption in Failure to Warn Claims

Segal McCambridge on

For over three decades, federal preemption of state failure to warn claims has served as a powerful defense in strict liability tort cases. Courts have consistently dismissed lawsuits challenging the adequacy of warnings for...more

Tyson & Mendes LLP

Barking Up the Wrong Policy

Tyson & Mendes LLP on

This case is an eye-opener for every policyholder as it explains the importance of treating an insurance policy as a specialized contract. Insurance contracts have special features, but they are still contracts to which the...more

Searcy Denney Scarola Barnhart & Shipley

How Fault Is Determined in Florida Auto Accident Cases

To seek full compensation for an auto accident in Florida, you need proof of fault. While personal injury protection (PIP) insurance provides “no fault” coverage, this coverage is limited, and it won’t nearly cover all of the...more

Maison Law

California Laws: Dog Bites and Dangerous Dogs

Maison Law on

If you are bitten by a dog in California, you may be entitled to compensation for medical bills and other damages resulting from the bite. The owner of the dog will face strict liability in a civil case, meaning that the...more

Searcy Denney Scarola Barnhart & Shipley

Understanding Statutes of Limitations for Personal Injury Cases in Florida

Personal injury cases in Florida span the range of injuries from car and truck accidents, medical malpractice, dog bites, trips and falls, and many others. Florida’s personal injury law sets out your legal rights if you have...more

Stark & Stark

Navigating New Jersey's Personal Injury Dog Bite Law: What You Need to Know

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Dogs are often called man’s best friend, but unfortunately, even the most beloved pets can sometimes cause harm. In New Jersey, like in many other states, there are laws in place to protect individuals who suffer injuries...more

Maison Law

What is California's Dog Bite Law

Maison Law on

U.S. News and World Reports says that, in 2022, dog bites resulted in 48,596 visits by victims to an emergency room in California. That translates to 125 visits per every 100,000 Californians. Between 2018 and 2022, dog bites...more

Searcy Denney Scarola Barnhart & Shipley

Florida's Dog Bite Laws: Liability and Compensation for Victims

Dog bites can lead to serious injuries on the part of the victim. Such injuries can include scarring, nerve damage, the loss of limbs, and even wrongful death in some cases. Florida cases involving dog bites differ from other...more

Morris James LLP

Does Delaware have Laws about Dog Bites or Dangerous Dogs?

Morris James LLP on

Delaware has detailed laws about proper restraint of a dog, an owner’s liability for dog attacks, and dangerous dogs. This article focuses on the statewide regulations, however, there may also be local, county, and municipal...more

Morris James LLP

Dog Bite FAQs

Morris James LLP on

1. What should you do immediately after a dog bite? If you or a loved one has been bitten by a dog, you should seek medical attention, for your own safety, and alert the police, as a matter of public safety....more

Butler Snow LLP

Following Fatal Treadmill Accident, Supreme Court of Texas Rules Asset Purchaser not Liable for Personal Injury Claims Arising...

Butler Snow LLP on

On October 23, 2020, the Supreme Court of Texas ruled on Northland Industries Inc. v. Kouba, a case arising from a fatal treadmill incident. The Court held that the purchaser of the treadmill’s manufacturer did not assume...more

Searcy Denney Scarola Barnhart & Shipley

Negligence vs. Intentional Act: What is Covered in a Personal Injury Lawsuit?

Intentional acts and negligent acts that cause injury, along with what is called “strict liability,” all belong to a category of law called “tort” law. Put simply, torts are wrongful acts that cause injury to another...more

Butler Weihmuller Katz Craig LLP

Amazon: Primed for Trouble?

Amazon recently suffered a loss when a California appellate court found that Amazon could be held strictly liable for defective products sold by third parties through Amazon’s website.  Amazon has for many years argued it is...more

Polsinelli

Crack in the Dam that Shields Online Retail Platforms from Liability for Defective Products from Third-Parties

Polsinelli on

On August 13, 2020, in a case involving an Amazon customer injured by a defective battery purchased online, the California Court of Appeal overturned a trial court ruling that had determined Amazon was a mere provider of...more

Jaburg Wilk

How Amazon’s Liability for Third Party Products Will Harm Amazon Sellers

Jaburg Wilk on

In late 2019, the U.S. Court of Appeals for the Third Circuit held Amazon liable as the seller of a third-party's dog collar that broke causing the retractable leash to recoil, hitting and blinding the purchaser in one eye....more

Butler Weihmuller Katz Craig LLP

Phenomenon or Pandemic: Pondering the Potential Legal Implications of the E-Scooter Craze

On July 12, 2019, YouTube celebrity Emily Hartridge died from injuries she sustained in a collision between an electric scooter (“e-scooter”) she was riding and a truck in London, England. This high profile incident helps...more

Fox Rothschild LLP

YO, DAWG!

Fox Rothschild LLP on

We all remember the old common law rule that every dog gets one free bite, with the bite putting the owner on notice of the dog’s anti-social tendencies. In today’s more crowded world, where both dogs and pedestrians have...more

Robinson+Cole Data Privacy + Security Insider

Drones – When Things Go Wrong

Over the last several years, drones have rapidly grown in popularity. From quick deliveries during rush hour to reaching an otherwise inaccessible military base, drones are proving to be extremely advantageous where humans...more

Cozen O'Connor

Morello v. Kenco Toyota Lift: No Duty to Advise Of Optional Safety Devices

Cozen O'Connor on

Just last week, the Eastern District of Pennsylvania dismissed plaintiff’s negligence and §402(B) strict liability claims on summary judgment in Morello v. Kenco Toyota Lift, et al. The court reserved dismissal of the...more

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