News & Analysis as of

Negligence Comparative Negligence

JUSTICENTER

Should I Hire a Lawyer After a Car Accident in California?

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After a car accident, life can feel overwhelming. You may be dealing with injuries, car repairs, insurance calls, and missed work, all while trying to make sense of what happened. It’s natural to wonder if you need a lawyer...more

Marshall Dennehey

New Jersey Supreme Court Rules Out-of-State Alleged Tortfeasor Cannot Be Allocated Fault Under Comparative Negligence Act

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Estate of Crystal Walcott Spill v. Jacob E. Markovitz, M.D., 2025 WL 758318 - In this appeal before the New Jersey Supreme Court, the court held that an out-of-state alleged tortfeasor was not a party subject to allocation of...more

Searcy Denney Scarola Barnhart & Shipley

Not Just a Joyride: How Florida Law Treats Golf Carts Like Motor Vehicles

Golf carts in Florida serve multiple purposes beyond the traditional golf course as they navigate between gated communities and sunny landscapes. These vehicles serve as the primary transportation option throughout numerous...more

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

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

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

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

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

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

Ward and Smith, P.A.

The Law Related to Boating Accidents in North Carolina

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North Carolina's mild climate and natural beauty make it a great place for outdoor recreation. Its coastline, rivers, and lakes make water-related activities particularly popular. North Carolinians and tourists alike...more

K&L Gates LLP

Comparative Negligence No Longer Bars Plaintiff From Award of Summary Judgment in New York

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On April 3, 2018, a sharply divided Court of Appeals ruled that plaintiffs in comparative negligence cases do not need to show they are free of negligence to succeed on a summary judgment motion when determining a defendant’s...more

Robins Kaplan LLP

N.Y. Court of Appeals Lowers the Bar on Summary Judgment in Personal Injury Cases

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On April 3, 2018, the New York Court of Appeals issued a closely divided opinion in Rodriguez v. City of New York, Case No. 32, holding that plaintiffs need not establish the absence of their own comparative negligence in...more

White and Williams LLP

Plaintiffs No Longer Have to Demonstrate the Absence of Comparative Fault to Avoid Summary Judgment in New York

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On April 3, 2018, the New York Court of Appeals addressed a question that “has perplexed courts for some time,” that is, whether a plaintiff must establish his or her own comparative negligence in order to obtain partial...more

White and Williams LLP

New York’s Court of Appeals Clarifies the Burden of Proof in Summary Judgment Cases

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In Rodriguez v. City of New York, 2018 N.Y. LEXIS 793, 2018 NY Slip Op. 02287 (Apr. 3, 2018), New York’s Court of Appeals, New York’s highest court, addressed the question of whether a plaintiff, in moving for summary...more

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