News & Analysis as of

Strict Liability Damages

Goldberg Segalla

Washington Court Awards $16M Plaintiff Verdict after Default Judgment

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Court: Washington Superior Court, Pierce County - A Washington state court in April awarded $16 million to the estate of decedent Steven Korzerke after a default judgment was entered against defendant Asbestos Corp. LTD, a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lithium-Ion Battery/Common Law Action: Faulkner County, Arkansas Circuit Court Complaint Filed Alleging Personal Injuries Due to...

Andrew Riggs (“Plaintiff”) filed an April 24th Complaint in the Faulkner County, Arkansas Circuit Court alleging personal injuries when to what is described as a 21700 lithium-ion battery exploded. See 23CV-25-965....more

Searcy Denney Scarola Barnhart & Shipley

Does Strict Liability Apply When You’re Injured by Exposure to Toxic Chemicals?

It is becoming almost impossible to avoid being exposed to multiple different chemicals on a daily basis. Companies use them to make their environments look and smell cleaner, to keep pests away, and to save time in...more

Clark Hill PLC

Colorado Court of Appeals Holds That the Felonious Killing Exception Applies to Corporations

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In Ross v. Public Service the Colorado Court of Appeals ruled on March 20 that the Felonious Killing Exception applies to corporations. What is the “Felonious Killing Exception?”...more

Alston & Bird

Georgia’s Tort Reform Bill Could Dampen “Nuclear” Verdicts, but There’s Still a Long Way to Go

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Our Industrials & Manufacturing and Products Liability Groups discuss a bill introduced in Georgia that aims to rein in “nuclear” verdicts that juries award in tort cases in Georgia’s courts....more

Searcy Denney Scarola Barnhart & Shipley

How to File a Product Liability Claim for Defective Car Parts in Florida

When a defective car part causes an accident or injury, the consequences can be devastating. If you or a loved one have suffered due to a faulty automobile part(s), you may have the right to file a product liability claim to...more

Tyson & Mendes LLP

Barking Up the Wrong Policy

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This case is an eye-opener for every policyholder as it explains the importance of treating an insurance policy as a specialized contract. Insurance contracts have special features, but they are still contracts to which the...more

Maison Law

California Laws: Dog Bites and Dangerous Dogs

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If you are bitten by a dog in California, you may be entitled to compensation for medical bills and other damages resulting from the bite. The owner of the dog will face strict liability in a civil case, meaning that the...more

Stark & Stark

Navigating New Jersey's Personal Injury Dog Bite Law: What You Need to Know

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Dogs are often called man’s best friend, but unfortunately, even the most beloved pets can sometimes cause harm. In New Jersey, like in many other states, there are laws in place to protect individuals who suffer injuries...more

Maison Law

What is California's Dog Bite Law

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U.S. News and World Reports says that, in 2022, dog bites resulted in 48,596 visits by victims to an emergency room in California. That translates to 125 visits per every 100,000 Californians. Between 2018 and 2022, dog bites...more

Searcy Denney Scarola Barnhart & Shipley

Florida's Dog Bite Laws: Liability and Compensation for Victims

Dog bites can lead to serious injuries on the part of the victim. Such injuries can include scarring, nerve damage, the loss of limbs, and even wrongful death in some cases. Florida cases involving dog bites differ from other...more

Sheppard Mullin Richter & Hampton LLP

Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance

On June 10, 2023, a jury in Portland, Oregon found PacifiCorp and Pacific Power (collectively, “PacifiCorp”) liable for negligence, trespass, and nuisance based on a series of four wildfires that occurred during Labor Day...more

Faegre Drinker Biddle & Reath LLP

California Court of Appeal Finds Amazon Is Not Shielded from Liability for Defective Product Sold Through Its Website

In a decision that may impact future e-commerce, the California Court of Appeal held in Bolger v. Amazon.com, LLC that under California law, Amazon could be strictly liable for an allegedly defective battery manufactured by a...more

Searcy Denney Scarola Barnhart & Shipley

Negligence vs. Intentional Act: What is Covered in a Personal Injury Lawsuit?

Intentional acts and negligent acts that cause injury, along with what is called “strict liability,” all belong to a category of law called “tort” law. Put simply, torts are wrongful acts that cause injury to another...more

White and Williams LLP

Unfair Shares: PA Supreme Court Mandates Per Capita Allocation Among Liable Product Defendants and Settled Parties

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The Pennsylvania Supreme Court has issued a tort decision with far-reaching implications for all manufacturers and sellers of products throughout the state. Absent further legislation beyond the 2011 Fair Share Act, liable...more

Butler Weihmuller Katz Craig LLP

And You Are Not Done; The Future Of Products Liability Claims Against Amazon Still Uncertain

This past summer, the Third Circuit Court of Appeals issued a seminal opinion in Oberdorf v. Amazon.com, Inc., which held Amazon could be liable as a seller for products sold by third parties on its website. The issue however...more

Dorsey & Whitney LLP

3rd Circuit Creates New Obligations for Online Platforms

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The 3rd Circuit recently held Amazon.com liable for damages for a product sold by a third-party. This is a potentially landmark ruling in the ongoing battle between consumers and online platforms regarding the obligations...more

WilmerHale

The Growing Threat of Wildfire to the Energy Sector Recent State and Federal Activity

WilmerHale on

The unfortunate trend of increased wildfires across the western landscape continued in 2018, both as to the number of fires and the acreage burned. Most disturbing is the growing severity and impacts of these fires in terms...more

Miller Starr Regalia

“If A Tree Falls In The Forest . . .”: If A Tenant Has Yet To Be Evicted, Do They Still Possess The Premises?

Miller Starr Regalia on

[author: Jana Contreras] “If a tree falls in the forest with no ears to hear does it make a sound?” While the answer to that riddle still remains elusive to many, a recent California court of appeal decision did succeed in...more

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