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liability
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How an Intervening Criminal Act Can Relieve a Defendant of Liability in a Negligence Lawsuit

By | Published April 15, 2021 | Posted in General Liability Defense | Tagged Tags: , , , | Comments Off on How an Intervening Criminal Act Can Relieve a Defendant of Liability in a Negligence Lawsuit

Whether we are thinking about a property owner defending against a slip-and-fall claim, an insurer involved in a motor vehicle accident case or a business facing a workers’ comp claim, the law of negligence is involved. It means the defendant breached a duty of care owed to the plaintiff and thereby caused the plaintiff to Read More

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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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