News & Analysis as of

State and Local Government Bodily Injury

Tonkon Torp LLP

Landowner Immunity on Oregon Trails Now Permanent

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On May 28, 2025, Governor Kotek signed SB 179 into law, to be effective January 1, 2026. SB 179 makes permanent the temporary changes made to the Oregon recreational immunity law by SB 1576 in 2024, set to sunset on January...more

Marshall Dennehey

Appellate Court Denies Late Notice of Claim in Mass Transit Injury Case for Lack of Extraordinary Circumstances

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Hutchins v. NJ Transit Corp. and the State of NJ, 2025 WL 18154 (App. Div. Jan. 2, 2025) - In an encouraging adherence to procedural rules, a New Jersey appellate court denied an application to file a late notice of claim...more

Rodemer Kane Attorneys at Law

Colorado’s Texting and Driving Laws

As a car accident lawyer in Colorado, I have witnessed firsthand the devastating consequences of texting and driving. Distracted driving, particularly involving mobile devices, remains a significant threat to road safety in...more

Maison Law

California's Daylighting Law: Keeping Vulnerable Road Users Safe

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As with many states throughout the United States, California deals with an extremely high number of traffic-related accidents that harm pedestrians, bicyclists, skateboarders, and others. For this reason, legislators have...more

Rodemer Kane Attorneys at Law

The Shocking Truth: Inside the Worst Car Accident in Colorado History

Every day, car crashes wreak havoc, causing significant damage and, tragically, loss of life. The aftermath of such accidents can leave survivors with lasting trauma, sometimes even instilling a fear of driving....more

Searcy Denney Scarola Barnhart & Shipley

Driverless Dilemma: Are We Lab Rats Without Legal Recourse in the Experiment of Autonomous Driving?

In the maze of today’s technological advancements, our society is standing at a crossroads where progress meets safety. The intricate web of autonomous driving technology and legislative accountability is unraveling in front...more

Spilman Thomas & Battle, PLLC

A Look at the Pennsylvania Statute of Repose

The Pennsylvania Statute of Repose for Improvements to Real Property, 42 Pa. C.S. § 5536 (PA Statute of Repose) is a powerful tool that provides protections to persons lawfully performing or furnishing the design, planning,...more

Rodemer Kane Attorneys at Law

When Can Kids Sit in the Front Seat in Colorado?

The safety of our children while traveling in a motor vehicle is extremely important. It is well established that the back seat is generally the safest place for children to ride, but there comes a time when kids may ask,...more

Searcy Denney Scarola Barnhart & Shipley

How Florida's Helmet Laws Impact Bicycle Accident Cases

Cyclists can suffer extreme injuries if they are hit by an oncoming car. These injuries can include trauma to the head that results in a concussion or a traumatic brain injury. It is strongly suggested that anyone wear a...more

Faegre Drinker Biddle & Reath LLP

Amendments to Minnesota Wrongful Death and Survival Statutes Open the Door to Pain and Suffering Claim

On May 20, 2023, the amendments to the Minnesota wrongful death and survival statutes, Minn. Stat. §§ 573.01, 573.02, became effective. This means that duly appointed administrators can now bring claims for “all damages...more

Farrell Fritz, P.C.

Bow-wouch: A Word on Special Protections against Municipal Tort Liability

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When performing governmental functions, municipal agencies are immune from tort liability for negligence unless it is shown that there was a “special relationship” between the plaintiff and the agency at the time the claim...more

Amundsen Davis LLC

Pre-Judgment Interest Law Takes Effect July 1, 2021

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Just ahead of the long Memorial Day weekend, Illinois Governor Pritzker signed into law a bill that allows a plaintiff to recover 6% per annum prejudgment interest in any personal injury or wrongful death lawsuit pending or...more

Clark Hill PLC

A New Kind of Covid Immunity: Here’s What You Need To Know About Arizona’s New Law Protecting Businesses From Covid Lawsuits

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Over the past year, the big story has been the search for vaccines to protect people from Covid-19. You can’t vaccinate a business, but Arizona businesses are now protected from liability related to Covid-19. ...more

Bradley Arant Boult Cummings LLP

Expansion of Premises Liability for Construction Owners

A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner,...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Affirms Dismissal of Breast Implant Cases on Preemption Grounds

The Ninth Circuit has confirmed in quadrophonic sound that plaintiffs cannot avoid preemption by relying on vague and speculative allegations to establish a parallel claim. The court affirmed the dismissal of four lawsuits...more

Searcy Denney Scarola Barnhart & Shipley

Click It or Ticket Safety Campaign: Seatbelt Facts for Floridians

Wearing your seatbelt in Florida became a primary offense with The Dori Slosberg and Katie Marchetti Safety Belt Law, effective June 30, 2009. The law requires all drivers, all front-seat passengers, and all passengers under...more

Searcy Denney Scarola Barnhart & Shipley

Potential Hurdles in Florida Personal Injury Claims

If you’re filing a personal injury lawsuit in Florida, it’s best to become familiar with the various state laws that can play a role in your claim. If you have been hurt in an accident of any type of severity, including truck...more

Searcy Denney Scarola Barnhart & Shipley

Is Premises Liability the Same as Negligence in Florida?

The simple answer is no, although the two types of claims are similar. If you have suffered an injury, you and your lawyers may have to decide what kind of claim to bring for your damages. The cause of your injuries will...more

Butler Snow LLP

Following Fatal Treadmill Accident, Supreme Court of Texas Rules Asset Purchaser not Liable for Personal Injury Claims Arising...

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On October 23, 2020, the Supreme Court of Texas ruled on Northland Industries Inc. v. Kouba, a case arising from a fatal treadmill incident. The Court held that the purchaser of the treadmill’s manufacturer did not assume...more

Faegre Drinker Biddle & Reath LLP

Pennsylvania Appellate Court Rejects Application of the Statute of Repose in Effect in the State Where an Injury Occurred Under...

The Pennsylvania Superior Court, the state’s mid-level appellate court, recently held in Kornfeind v. New Werner Holding Co., 2020 PA Super 266, that Pennsylvania’s “borrowing statute” applies only to foreign statutes of...more

White and Williams LLP

North Carolina Federal Court Holds “Hazardous Materials” Exclusion Does Not Bar Duty to Defend Under CGL Policy for Bodily Injury...

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On October 19, 2020, the U.S. District Court for the Western District of North Carolina held that a “hazardous materials” exclusion contained in a CGL policy did not preclude a duty to defend the insured against claims...more

Rumberger | Kirk

Florida Limits Amount of Recovery in Mass Shootings

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Barnett v. State of Florida and Its Effect on Governmental Entities who Are Sued for Claims Involving a Criminal Episode with Multiple Victims. ...more

Searcy Denney Scarola Barnhart & Shipley

Timing is Everything: When to File a Personal Injury Lawsuit

Suffering through a personal injury can be a distressing experience. Aside from the injury itself, you may be facing medical bills that quickly become very expensive, as well as a loss of income, hospital, doctor visits and...more

Rivkin Radler LLP

Eleventh Circuit Affirms “Exceptional Case” Ruling: Insurer Had No Duty to Defend Construction Debris Claim Where Amended...

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Eleventh Circuit Affirms “Exceptional Case” Ruling: Insurer Had No Duty to Defend Construction Debris Claim Where Amended Complaint Omitted Crucial Fact Implicating Pollution Exclusion The Eleventh Circuit, affirming the...more

Saul Ewing LLP

State of Florida Poised to Strengthen and Broaden Antihazing Legislation

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“Andrew’s Law,” which strengthens and broadens Florida’s antihazing statute (Fla. Stat. § 1006.63), is likely to become law after recently passing both chambers of Florida’s legislature without opposition....more

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