BMHJ Blog: Legal Information, Resources, & News

Restaurant Owner Not Liable for Criminal Acts of Third Party

Steven W. Bancroft, Esquire
July 16th, 2012
By: Steven W. Bancroft, Esquire

The general rule in Virginia tort law is that a person or business is not liable to a victim for the criminal acts of a third party. However, the rule is subject to some limitations and exceptions where the person or business has established a special relationship with the victim that entitles the victim to protection against third party crimes, or where the person or business has a relationship with the third party that obligates them to control the third party’s conduct. Examples of special relationships that have been recognized by the Supreme Court of Virginia include a common-carrier and a passenger, an employer and employee, an innkeeper and guest, and a business proprietor and its invitee.

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Court Affirms That Once Worker’s Compensation Act Applies, It Is an Absolute Bar to Subsequent Tort Suit

Steven W. Bancroft, Esquire
July 16th, 2012
By: Steven W. Bancroft, Esquire

The Virginia Supreme Court recently ruled on a case defended by the firm that once the Virginia Worker’s Compensation Act is found to apply to a work related accident, it bars any subsequent tort action. Pursuant to §65.2-307 of the Virginia Code, the Supreme Court of Virginia affirmed the trial court’s decision dismissing a wrongful death action against the general contractor even when death benefits were not awarded under the Worker’s Compensation Act.

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Virginia Rules of Evidence Taking Effect July 1, 2012

June 4th, 2012
By: Wesley D. Allen, Esquire

Virginia now has an official set of evidentiary rules that takes effect next month. Practitioners do not be alarmed — no major change in practice is anticipated, as the rules simply mirror existing Virginia statutes and case law with respect to evidentiary issues.

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What constitutes waiver of personal jurisdiction?

Dawn E. Boyce, Esquire
May 13th, 2011
By: Dawn E. Boyce, Esquire

On July 1, 2011, a bill recommended by the Boyd-Graves Conference, which delineates what affirmative conduct on the part of a party constitutes a waiver of any objection to personal jurisdiction or defective service, will go into effect. In summary, if a party files any pleading, conducts discovery or asks for or participates in any proceeding on the merits, any such objection is waived.

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Additional Legislative Changes

Nicholas J. Lawrence, Esquire
April 15th, 2011
By: Nicholas J. Lawrence, Esquire

Effective July 1, 2011, the general assembly has amended Va. Code Section 16.1-107 to eliminate the requirement for an appeal bond when the defendant has liability insurance coverage available to pay the judgment at issue. The insurer must provide a written irrevocable confirmation of coverage in the amount of the judgment in order to eliminate the requirement for a bond.

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Disclaimer

This blog and the information provided has been prepared by Bancroft, McGavin, Horvath & Judkins, P.C. (“BMHJ”) for information purposes only and is not intended nor to be construed as legal advice. This blog may contain the opinions of the members and associates of this firm on various legal issues and is not legal advice. Read More