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Monthly Archive
January 2017
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Allocating Liability Under West Virginia’s New Fault Laws

By | Published January 23, 2017 | Posted in Insurance Defense Litigation | Tagged Tags: , , | Comments Off on Allocating Liability Under West Virginia’s New Fault Laws

In 3015, West Virginia enacted new rules that significantly changed the apportionment of fault in negligence actions. Under what is known as a modified comparative fault standard, plaintiffs who bear more than 50 percent fault are barred from recovery, even if the other party is assigned some fault for the incident. Recovery, when available, continues Read More

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Obvious Hazard Defense No Longer Bars WV Liability Claims

By | Published January 2, 2017 | Posted in Insurance Defense Litigation | Tagged Tags: , , | Comments Off on Obvious Hazard Defense No Longer Bars WV Liability Claims

For many years, laws in West Virginia and elsewhere allowed property owners to defeat premises liability claims on the ground that the purportedly dangerous condition was open and obvious. This is no longer the case in our state. In Hersh v. E-T Enterprises, the West Virginia Supreme Court of Appeals held that the open nature Read More

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