News & Analysis as of

Negligence Liability

Searcy Denney Scarola Barnhart & Shipley

Driving in Flip Flops: Does it Affect Your Car Accident Claim?

Flip flops may be the most popular type of footwear in Florida, and it’s easy to understand why. But while they’re comfortable in the heat, they aren’t the best shoes for every type of situation. They aren’t ideal for...more

Marshall Dennehey

NY Appellate Division Reverses Trial Court, Grants Summary Judgment to Middle Vehicle in Rear-End Collision

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Portorreal v. Mann, et al., 237 A.D.3d 1120 (2d Dept 2025) - The owner and operator of the middle vehicle in a three-vehicle accident moved for summary judgment. The moving defendant argued that it was stopped 5 to 10 feet...more

Phelps Dunbar

TX Supreme Court Emphasizes Negligence Does Not Always Result in “Negligent”

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In a recent opinion issued on June 27, the Supreme Court of Texas emphasized that the presence of negligence does not always lead to liability, and Texas law requires more from those seeking such a finding....more

Haight Brown & Bonesteel LLP

California Court of Appeal Clarifies Right of a Party to Oppose Summary Judgment Motions - Even Without Cross-Claims

The Court of Appeal, Fourth Appellate District, Division Two (Riverside) in RND Contractors, Inc. v. Superior Court (2025) issued a significant published decision. The California Court of Appeal addressed a previously...more

ArentFox Schiff

Ninth Circuit Seeks New York Court of Appeals’ Guidance on Auto Manufacturer Liability for Vehicle Theft

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A recent order from the Ninth Circuit Court of Appeals has brought a somewhat novel legal question to the forefront: Do automobile manufacturers owe municipalities a duty of reasonable care in designing, manufacturing, and...more

JUSTICENTER

What Is the Difference Between a Commercial and Non-Commercial Driver’s License?

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The primary difference between a commercial driver’s license (CDL) and a non-commercial driver’s license is the type of vehicle you are authorized to operate. Commercial driver’s licenses are generally used for business...more

Searcy Denney Scarola Barnhart & Shipley

The Dangers of Defective Medical Devices: How to Protect Yourself

Defective medical devices can present serious—and even life-threatening—risks for patients. Yet, sadly, many patients don’t realize that their medical devices are defective until it is too late. Sometimes, manufacturers and...more

JUSTICENTER

Product Liability: What It Means and How to Pursue a Claim 

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When we buy a product, we expect it to work properly and keep us safe. However, some products cause serious injuries because of poor design, production errors, or missing warnings. This is where product liability law comes...more

JUSTICENTER

Consequences of Not Seeking Medical Attention After a Car Accident

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Adrenaline takes over after a car crash. People feel shaken up, but they might think they’re physically fine. They don’t feel pain, so they brush it off and go home. It might not sound like a big deal, but it actually is. ...more

Chartwell Law

Texas Supreme Court Reverses $89M Verdict in Landmark Trucking Case

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The Texas Supreme Court recently issued a major opinion reversing a nearly $90 million judgment against a national motor carrier in a personal injury suit arising from a multi-vehicle crash on an icy interstate. The case,...more

Hanson Bridgett

The Texas Supreme Court Detours the Trucking Industry Around a Historic Nuclear Verdict

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On an icy winter day more than ten years ago, the driver of an F-350 pickup truck, traveling eastbound on Interstate 20, crossed a 42-foot grassy median, entered in westbound traffic, and collided with a Werner Enterprises...more

Searcy Denney Scarola Barnhart & Shipley

Traffic Accidents 101

Recovering after a traffic accident is a much more complicated process than most people understand. From determining whether your losses will exceed your PIP coverage to determining who was at fault in the collision, there...more

Marshall Dennehey

From ‘Brownish’ to Baseless: Florida Court Reinforces Slip-and-Fall Standards

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Key Points:  Recent case clarifies Florida premises liability law and the burden on plaintiffs under Section 768.0755, Florida Statutes....more

Clark Hill PLC

The cyclist’s “take the lane” dilemma: The Pennsylvania Supreme Court weighs in

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It’s an everyday dilemma for many cyclists: Should you leave the roadway when faster-moving traffic approaches? According to a recent decision from the Pennsylvania Supreme Court (and as with many legal issues), it depends. ...more

Foley & Lardner LLP

Texas Supreme Court Limits Franchisor Liability in Franchisee Sexual Assault Case

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On May 2, 2025, the Texas Supreme Court held that a franchisor owes no duty of care for injuries caused by a franchisee’s employee unless the franchisor retained or exercised control over the hiring of that employee....more

Searcy Denney Scarola Barnhart & Shipley

Essential Guide to Child Car Safety

As a parent, nothing matters more than keeping your children safe. But, this is often easier said than done. This is especially true when it comes to driving on Florida’s roads. No matter how safely you drive, there are...more

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

JUSTICENTER

Shoulder Injuries Caused by Car Accidents

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Car accidents often cause shoulder injuries. These injuries may affect your ability to work, care for yourself, or move without pain. You may struggle with basic tasks or lose access to activities you once enjoyed. Certain...more

Maison Law

Understanding Parental Liability in California Car Accidents Caused by Teens

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Driving is a more dangerous activity for teenagers than it is for their parents, but as parents, you have the ability to allow your teen to drive or not. If you do allow it, the possibility of a crash is very high, and as the...more

Cozen O'Connor

South Carolina’s New Tort Reform and Liquor Liability Law

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On May 28, 2025, South Carolina Governor Henry McMaster officially signed H.3430, also known as Act 42, which amends part of South Carolina’s Contribution Among Tortfeasors Act, S.C. Code Ann. §15-38-15, as well as laws...more

JUSTICENTER

The Emotional Impact of Car Accidents

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Most people think of broken bones and totaled cars when they imagine a car accident. But the damage often goes deeper than what we can see. The emotional and psychological toll of a crash can be just as serious as physical...more

JUSTICENTER

Motorcycle Lane Splitting and the Law

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Motorcycle lane splitting and the law can draw passionate views. However, it is one of the most misunderstood traffic maneuvers on California roads. It happens when a rider moves between two lanes of traffic, usually to avoid...more

Searcy Denney Scarola Barnhart & Shipley

Trampoline Park Injury Attorneys

Nationwide Representation for Catastrophic Injuries at Sky Zone, Defy, and Similar Parks - Trampoline parks may appear to be family-friendly fun zones—but they are increasingly the site of serious and even life-threatening...more

Stoel Rives LLP

Limitations of Liability in Construction Contracts: Ironclad Protection or Legal Illusion?

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A contract’s limitation of liability or “LOL” clause is often the subject of considerable attention and negotiation between contracting parties and frequently arises during the contract drafting process in which owners,...more

Cozen O'Connor

Georgia’s 2025 Tort Reform: What Businesses, Insurers, and Litigators Need to Know

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In recent years, Georgia has earned a prominent—and troubling—spot on the American Tort Reform Association’s annual “Judicial Hellholes” list, drawing national attention to the state’s increasingly unpredictable and...more

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