Contributory negligence is a legal defense to a civil tort claim. It is based upon fault of the party bringing the claim. Virginia, the District of Columbia and Maryland all adhere to the concept. One other state also follows it. … Continue reading
Negligence is a tort constituting unintentional conduct that breaches a duty. Negligence Examples The passing of a red light is an act of negligence. Likewise, a doctor failing to properly diagnose an illness that should have been diagnosed. Also the failure … Continue reading
Negligent Acts Are The Basis Of Most Tort Claims Negligence is the foundation of most personal injury claims. Negligence is simply the failure to act as a reasonable person would act under the circumstance. If you have been injured due to the … Continue reading
There is a doctrine recognized in Virginia known as “Last Clear Chance“. It applies mostly in auto crash cases but not exclusively there. The doctrine says two things. First of all, if the plaintiff negligently placed himself in a position … Continue reading
The concept of duty in tort claims is an important one. To have a tort claim, there must be a duty, breach of duty, the breach must have caused some damage and then finally you have to prove what the … Continue reading
Interesting questions of whether some claims are barred arise when a plaintiff attempts to assert a new claim after the original complaint has been filed. Whether that new claim relates back to the original date of filing is governed by … Continue reading
A Bill of Particulars is, as the name implies, a statement of the particulars of a claim. Sometimes a defendant will file a Motion for a Bill of Particulars. In doing so they are asking that the plaintiff set forth … Continue reading
Distracted driving is a frequent cause of auto crashes. Cell phone and texting usage while driving causes crashes. Knowledge that a person you are loaning your auto to uses a cell phone while driving may be negligent entrustment. There is … Continue reading
There are lots of rules that are applicable to cross-examination. Rules can be good. However as is so often the case, rules are swallowed up by the exceptions. If they’re not swallowed up by the exceptions then they are forgotten … Continue reading
Role Of The Agent Real estate malpractice by a real estate agent is a form of professional negligence. The claims are similar to legal or medical malpractice cases. The plaintiff must prove what the standard of care is. The standard … Continue reading
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