In a recent case, a state appellate court issued an opinion in a Virginia premises liability lawsuit addressing a previously unanswered question regarding the duty a vacation home owner owes to short-term guests. The case may prove instructive to homeowners dealing with Washington, D.C. premises liability cases. The court in…
Articles Posted in Personal Injury Case Law
Court Discusses the Doctrine of Res Ipsa Loquitor in Recent Personal Injury Case
Recently, a state appellate court issued a written opinion in a personal injury case discussing an important doctrine of law called res ipsa loquitor. The court’s discussion of res ipsa loquitor is important for Maryland personal injury victims to understand because Maryland also employs the doctrine in certain situations. The…
Court Dismisses Car Accident Case Against Employer; Holding Employee Was Not Acting Within the Scope of Her Employment
Recently, a state appellate court issued a written opinion in a personal injury case presenting an important issue that frequently arises in Washington, D.C. car accident cases filed against an allegedly negligent driver’s employer. The case required the court to determine if the defendant employer could be held liable for…
Court Dismisses Plaintiff’s Premises Liability Case against Ski Resort
Recently, a state appellate court issued an opinion in a personal injury case discussing whether a ski resort could be held liable for the plaintiff’s injuries that occurred while she was snowboarding. The case presents interesting issues for Washington, D.C. accident victims who have been injured while engaging in a…
Court Rejects Premises Liability Claim under Recreational-Use Statute
Recently, a state appellate court issued a written opinion in a personal injury case involving the application of the state’s recreational-use statute (RUS). A RUS is a statute that grants qualifying landowners legal immunity from injuries that occur on their land if certain conditions are met. Importantly, the applicability of…
Plaintiff’s Case Against Yoga Studio Dismissed Due to Lack of Expert Testimony
In many Washington, D.C. personal injury cases, the issues raised in the case are within the common understanding of jurors and the jurors are able to resolve the issues on their own. However, in more complex cases, or those that raise issues involving professional standards of care that may be…
Court Considers Peremptory Strike of African-American Juror
When a Washington, D.C. personal injury case goes to trial, a number of procedural issues can arise that may delay or confuse the proceedings. In one case before a state appellate court, the court had to consider whether a party’s strike of an African-American juror was valid. A plaintiff brought…
Court Rejects Grocery Store’s Proposed Alternative to Slip-and-Fall Plaintiff’s Theory
In a recent opinion issued by a federal appellate court, the court permitted a plaintiff’s slip-and-fall case to proceed against a grocery store after a lower court dismissed the plaintiff’s claim. The case involved the application of the summary judgment standard, requiring the court to determine if the plaintiff presented…
Plaintiff’s Slip-and-Fall Case Dismissed for Lack of Causation Despite Expert Testimony
In order to establish liability in a Washington, D.C. premises liability lawsuit, the plaintiff must present evidence that the defendant landowner’s negligence caused their injuries. While causation can be inferred from the facts of some slip-and-fall cases, other cases require expert testimony to assist the judge or jury in understanding…
Plaintiff Who Was Bitten by Spider Permitted to Pursue Claim Against Restaurant
Recently, a state appellate court issued an opinion in an interesting personal injury case dealing with the burden a defendant has in order to succeed in a summary judgment motion. The case required the court to determine if the plaintiff presented sufficient evidence to permit her case to proceed to…