Tag: tort law

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What If I Am Injured Due to the Negligence of a Common Carrier?

What If I Am Injured Due to the Negligence of a Common Carrier?Let’s start with what a “common carrier” is. A “carrier” is someone who transports people or goods.  Examples include taxis, ferries, airplanes, and buses.  There are two types of carriers, common and private. A common carrier may be thought of as a public carrier, in that it must accept a passenger or delivery if the fee is paid.  It cannot pick and choose. Continue reading “What If I Am Injured Due to the Negligence of a Common Carrier?”

What Is Assumption of the Risk and How Can It Affect My Case?

What Is Assumption of the Risk and How Can It Affect My CaseIf you’ve ever attended a live sports event, the back of your ticket probably included a legal term known as “assumption of risk.” Assumption of the risk is a legal defense that can sometimes be used to keep an injured party from recovering damages. The core of the defense is that the injured person “knowingly and voluntarily chose” to expose himself or herself to a dangerous activity. Continue reading “What Is Assumption of the Risk and How Can It Affect My Case?”

Stay Safe Bicycling in Virginia: Know the Law

Stay Safe Bicycling in Virginia: Know the Law

Stay Safe Bicycling in Virginia: Know the LawTwo bicyclist fatalities have occurred this year in Virginia Beach.

The first occurred in May, when the cyclist crossed four lanes of traffic on Virginia Beach Boulevard and was hit by a Grand Prix. Then, in July, a second fatality occurred when a cyclist was hit after falling off his bike on South Independence Boulevard. Both serve as sober reminders of the importance of bicycle safety and driver awareness. Continue reading “Stay Safe Bicycling in Virginia: Know the Law”

Man Injured After Guardrail Reportedly Impales Car

“People are dying.”

Those are the words from a guardrail installer turned whistle-blower who brought a successful suit against Trinity Industries, a major guardrail manufacturer.

A Texas jury awarded $175 million against Trinity after Harman reported that the company secretly changed its federally approved product, rendering it unsafe. By law, the jury’s verdict was tripled, and earlier this year, the judge tacked on additional civil penalties of $138 million. Continue reading “Man Injured After Guardrail Reportedly Impales Car”

What Is a Negligence Case?

Have you ever called someone NEGLIGENT because they cut you off in traffic? Many people use the word negligence, but under Virginia law, this word has a very specific meaning. In fact, all new law students study negligence because the American civil justice system depends on it.


To win a negligence case in Virginia, the person suing, known as a plaintiff, must PROVE four things:
1. That the person who injured him had a duty to exercise ordinary care toward him;
2. That the person who injured him breached, or violated, that duty;
3. That the person’s acts or failure to act caused the plaintiff’s injuries; and
4. That the plaintiff was damaged in some way. Continue reading “What Is a Negligence Case?”