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Articles Posted in Personal Injury Case Law

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Product Liability Plaintiff’s Case Dismissed Based on Unreliable Expert Testimony

Earlier this month, a federal appellate court issued a written opinion in a personal injury case illustrating the importance of expert selection in Washington, D.C. product liability cases. The case required the court to determine if the testimony of the plaintiffs’ expert witnesses was based on sufficiently reliable methodology. Ultimately,…

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Plaintiff’s Case Dismissed for Committing “Fraud on the Court”

Last month, an appellate court issued a written opinion in a personal injury case illustrating the court’s power to dismiss a case when it determines that a plaintiff has not been truthful in her filings or testimony. The message in the opinion is an important one for Washington, D.C. personal…

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Court Determines “Passive Retailer” May Still Be on the Hook for Dangerous Product

Earlier this month, an appellate court in Utah issued a written opinion in a product liability lawsuit discussing the liability of a retailer that had nothing to do with the design or manufacture of a reclining chair that crushed the plaintiff’s foot. The court held that, although a previous legal…

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Slip-and-Fall Case Against Fast-Food Restaurant Permitted to Proceed to Trial

Earlier this month, an appellate court in Mississippi issued an opinion in a personal injury case involving a slip-and-fall accident that occurred at a fast-food restaurant. As is often the case in Washington, D.C. slip-and-fall accidents, this case required the court to determine if the evidence presented by the plaintiff…

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Court Permits Slip-and-Fall Plaintiff’s Case to Proceed Toward Trial, Based on Improperly Maintained Artificial Condition

Earlier this month, a state appellate court issued a written opinion in a personal injury case involving a slip-and-fall accident that took place outside a tire shop. The case is relevant to Washington, D.C. premises liability plaintiffs because it illustrates the type of analysis that courts will use when determining…

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Court Determines Farm Worker Assumed the Risks Involved with Removing Tractor Tire Alone, Dismissing Wrongful Death Claim

Earlier this month, an appellate court in Georgia issued an opinion in a wrongful death case that illustrates an important issue that often arises in Washington, D.C. personal injury cases. Specifically, the case discussed the doctrine of “assumption of the risk” and how it can prevent a plaintiff from recovering…

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Court Finds Church Does Not Have Duty to Assist Parishioners from Parking Lot into Church

In all Washington, D.C. premises liability cases, one of the key issues that must be resolved is whether the defendant landowner violated a duty of care that it owed to the plaintiff. As a general rule, a duty of care exists any time someone enters another party’s land with the…

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Plaintiff’s Premises Liability Case Dismissed for Failure to Establish the Defendant Landowner Knew of the Hazard that Caused Her Fall

Earlier this month, an appellate court in Florida issued a written opinion in a premises liability case that presented an issue that often comes up in Washington, D.C. slip-and-fall cases. The issue the court needed to decide was whether the defendant landowner could be held liable for the plaintiff’s injuries…

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Court Determines Landowner Did Not Voluntarily Assume Duty in Recent Premises Liability Case

Earlier this month, an appellate court in New Hampshire issued a written opinion in a premises liability lawsuit that presents interesting issues for Washington, D.C. accident victims considering filing a premises liability lawsuit. The case required the court to determine if the owner and operator of a carnival assumed a…

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Medical Malpractice Plaintiff’s Case Dismissed for Lack of Expert Testimony

In Washington, D.C. medical malpractice cases, the plaintiff must prove several elements in order to prove their case. One of the elements that a plaintiff must establish is that the care rendered by the defendant medical provider fell “below that which would have been taken by a reasonably prudent physician.”…

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