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Comparative Negligence

Mandelbaum Barrett PC

Can a Pedestrian Ever Be Held Liable in a Pedestrian Accident Case?

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When an accident involves a pedestrian, it’s easy to assume the driver or other party caused the crash and resulting injuries. However, that’s not always the case. A pedestrian may be responsible for an accident if they fail...more

Maison Law

Avoiding Common Mistakes When Filing a Personal Injury Claim in California

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Filing a personal injury claim can be challenging, especially in a state full of unusual laws like California. Each year thousands of Californians seek compensation for injuries and accidents. California has specific laws,...more

Rodemer Kane Attorneys at Law

Who’s at Fault When Someone Pulls Out in Front of You?

No matter how careful you are, a car accident can happen in the blink of an eye. One of the most common scenarios we see as personal injury lawyers in Colorado involves a driver unexpectedly pulling out in front of another...more

Searcy Denney Scarola Barnhart & Shipley

The Top 10 Myths About Personal Injury Claims in Florida — Debunked

Personal injury claims are often misunderstood, and misinformation can prevent victims from pursuing the compensation they deserve. Whether you’ve been in a car accident, experienced a slip and fall, or suffered medical...more

Maison Law

Understanding Comparative Negligence in Your California Injury Claim

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There are times when one person is totally at fault in an accident. For instance, imagine a motorist running a red light and crashing into another person's car, a person who hadn't done anything wrong....more

JUSTICENTER

The Legal Dangers of Concrete Parking Stoppers

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When you pull into a parking space, you likely don’t give much thought to the concrete parking stopper at the end of the spot. These seemingly insignificant infrastructures are designed to keep your car from overstepping its...more

Amundsen Davis LLC

When Compliance May Not Be Enough: Takeaways From a $462 Million Missouri Verdict

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A Missouri jury recently entered a $462 million product liability verdict against trailer manufacturer Wabash National Corporation. The 2019 underride accident occurred when the driver, with a blood alcohol level over the...more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages In Florida Wrongful Death Cases

The loss of a family member is one of the most devastating events that anyone can go through. While financial compensation cannot make the pain of loss go away, it can prevent your situation from getting worse due to the...more

Marshall Dennehey

New Jersey Supreme Court Determined Whether Claims Brought Under the Insurance Fraud Protection Act and the Workers’ Compensation...

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Liberty Ins. Corp. v. Techdan, LLC, 253 N.J. 87, 289 A.3d 429 (2023), as revised (Mar. 23, 2023) - The plaintiff alleged that the defendants misrepresented their relationship, ownership structure and submitted fraudulent...more

Searcy Denney Scarola Barnhart & Shipley

Understanding Florida’s Comparative Fault Law and How It Affects Personal Injury Claims

Many personal injury cases do not involve situations where one party is entirely at fault. Many cases, instead, involve situations where both sides may bear some responsibility. This is why, like in many other states, a...more

Goldberg Segalla

Labor Law Update Fall 2023

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EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research...more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages in a Florida Motorcycle Accident Case

Motorcycle accidents can result in injuries that are more severe than those which stem from car wrecks. This is due to the fact that a rider is no match for an oncoming car. Such incidents may result in paralysis, head...more

Searcy Denney Scarola Barnhart & Shipley

Comparative Fault’s Impact on Florida Motorcycle Accidents

In 2023 Florida changed its legal framework in regard to comparative fault. There may be no area of personal injury law where this will have a greater impact than matters which involve a motorcycle accident. Given that such...more

Searcy Denney Scarola Barnhart & Shipley

The Impact of Comparative Fault in Florida Truck Accident Cases

Florida is like most other states in that a victim can still receive compensation even if they were partially liable for a trucking accident. In early 2023, however, our state adopted a system that is known as “modified...more

Segal McCambridge

Michigan Supreme Court’s Landmark Decision: Overturning Two-Decade Precedent in Premises Liability Cases

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On July 28, 2023, the Michigan Supreme Court fundamentally altered the business and property owners’ landscape by upending a 20-year precedent. ...more

Marshall Dennehey

Seismic Changes May Soon Be Coming to Florida Statutes for Comparative Negligence, Lodestar Fee, Statute of Limitations and...

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With the support of Governor Ron DeSantis, Florida House Bill 837 was filed on February 15, 2023, which would bring comprehensive reforms to civil litigation in Florida. In an attempt to try to stomp out Florida’s notoriety...more

Miller & Martin PLLC

Florida Tort Reform Bill Signed Into Law

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On March 24, 2023, Governor Ron DeSantis signed Florida House Bill 837, “Civil Remedies,” into law. HB 837 is sweeping tort reform legislation that could change how tort cases are litigated in Florida. ...more

Burr & Forman

Florida’s Comprehensive Tort Reform – Governor DeSantis Signs H.B. 837 Into Law, Signaling a New Era For Civil Litigation in...

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On March 24, 2023, Florida Governor Ron DeSantis signed H.B. 837 into law. This legislation enacts significant and wide-ranging changes to civil litigation practice in the state, including revamping comparative negligence...more

Shook, Hardy & Bacon L.L.P.

Florida Tort Reform Law Brings Significant Changes

Florida House Bill 837, signed into law on March 24, 2023, implements significant tort reform measures that should interest any company engaging in business in Florida, owning property in Florida or litigating in Florida. The...more

Cozen O'Connor

Fast & Furious Tort Law Changes in Florida: New Negligence Statute of Limitations & Comparative Fault Rule

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On March 24, 2023, Florida Governor Ron DeSantis signed into law House Bill 837, “Civil Remedies.” This Act moved quickly through the Florida Legislature process, after having been introduced in February of 2023. The Act is...more

Butler Weihmuller Katz Craig LLP

Florida’s Tort Reform and its Impact on Subrogation

HB 837 was introduced to the Florida House of Representatives on February 15, 2023.  The bill went quickly through the House of Representatives and Senate and was signed into law on March 24, 2023, by Governor Ron DeSantis....more

Husch Blackwell LLP

Asbestos Defendants Beware: Iowa’s Tort Reform Was Apparently Weaker Than We Thought

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In a 4-3 decision, the Iowa Supreme Court issued an opinion that significantly narrowed Iowa’s new statutory asbestos defense – holding the defense only protects asbestos product defendants who did not manufacture or sell the...more

White and Williams LLP

The Pennsylvania Superior Court Suggests a New Limitation to the Fair Share Act, Albeit in Dicta

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On March 18, 2021, the Pennsylvania Superior Court decided Spencer v. Johnson, 2021 Pa. Super. 48 (Pa. Super. Ct. March 18, 2021) in which the court suggested in dicta that the Fair Share Act is only implicated when the...more

BCLP

Georgia's Apportionment Statute in Product Liability Lawsuits

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The Georgia Supreme Court recently issued a decision impacting all product liability cases in Georgia by finding that Georgia’s apportionment statute—O.C.G.A. § 51-12-33—applies to claims for strict product liability, and as...more

White and Williams LLP

Strictly Speaking, the Plaintiff’s Fault Matters in Products Liability Actions in Georgia

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Many states, finding that the purpose of the strict liability doctrine is to protect otherwise defenseless victims from defective products, hold that principles of comparative negligence do not apply to strict liability...more

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