What is the Virginia Consumer Protection Act?

Amy S. Whitelaw, Richmond, Virginia Personal Injury Lawyer

Author: Amy S. Whitelaw, Richmond, Virginia Personal Injury Lawyer

Consumers purchase goods and services with the expectation that they will be safe and function properly. Unfortunately, that is not always the case. Products may fail and consequently cause injury to innocent people. If the product itself is what causes the injury, a person may have a products liability claim.[1]  But if a person is harmed by the way a product has been advertised or offered, there may be another avenue under which they can recover for the harm.

The Virginia Consumer Protection Act was first enacted in 1977 to “promote fair and ethical standards of dealings between suppliers and the consuming public.”[2] The…

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Cases Against the Commonwealth: Examining the Doctrine of Sovereign Immunity

Kathleen M. Smith, Fredericksburg, VA Personal Injury Attorney

Author: Kathleen M. Smith, Fredericksburg, VA Personal Injury Attorney

Motor vehicle collisions occur on Virginia’s roads and highways on a daily basis. When people are injured through no fault of their own, Virginia’s law affords them the right to recover monetary damages from the individual who is civilly liable for causing the crash. From time to time, however, these everyday collisions involve state employees who are on the job. When a state actor causes a collision, the law regarding liability and recovery becomes much more complex, and may involve consideration of a doctrine known as “sovereign immunity.”  

To understand the concept of immunity in the context of motor vehicle collisions,…

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Virginia General Assembly Passes New Law to Protect Cyclists

Scott D. Fitzgerald, Richmond, VA Personal Injury Lawyer

Author: Scott D. Fitzgerald, Richmond, VA Personal Injury Lawyer

In 2014, over 100 million Americans aged 3 and older rode a bicycle at least once. Cycling is considered to be the 7th most popular recreational activity in the U.S.[1] Unfortunately, 743 cyclists were killed and approximately 48,000 more were injured in crashes involving motor vehicles in the United States in 2013, figures which have steadily increased since 2010.[2] In Virginia alone, there were eight cyclist fatalities and 740 injuries in the same year.[3]

Cyclists have the same rights and responsibilities on Virginia roadways as motorists. Virginia law states, “[e]very person riding a bicycle on a highway shall be subject to…

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Summer Firework Safety

Edward L. Allen, Fredericksburg, VA Personal Injury Attorney

Author: Edward L. Allen, Fredericksburg, VA Personal Injury Attorney

Fireworks can be a popular and fun Fourth of July tradition. However, all types of fireworks - even sparklers- can cause serious injuries. It is important to be aware of local laws, and use common sense to stay safe when using fireworks. 

The following safety tips can help adults and children stay safe when using fireworks:

Firework Safety Tips Do not use fireworks while drinking alcohol. Obey all local laws and do not buy illegal fireworks. [1] Do not allow children to use fireworks. Always have a hose and a bucket of water on hand. Do not attempt to re-light “dud” fireworks. Keep pets far away from all fireworks.

It…

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Allen, Allen, Allen & Allen Voted Best Law Firm in Central Virginia by Virginia Living Magazine

Allen, Allen, Allen & Allen Voted Best Law Firm in Central Virginia by Virginia Living Magazine

We are thrilled to announce that Virginia Living readers voted Allen, Allen, Allen & Allen as #1 in the Best Law Firm category for Central Virginia. Thank you to all of our clients and Virginia Living readers for this honor.

Virginia Living released their Best of Virginia 2016 issue on May 13, 2016 featuring nearly 1,500 businesses and services voted the best in Virginia. Virginia Living’s fifth annual Best of Virginia Readers’ Survey was conducted in January. More than 30,000 ballots were cast in 100 categories covering the best in Arts, Culture & Entertainment, Living & Recreation, Shopping & Services and Food & Drink.

Allen & Allen is the oldest and largest personal injury law firm in Virginia.…

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Items Hanging From Rearview Mirrors Are Illegal in Virginia

Melinda H. South, Richmond, VA Personal Injury Attorney

Author: Melinda H. South, Richmond, VA Personal Injury Attorney

What do you have dangling from your rearview mirror? In Virginia, anything hanging in your line of sight could be a reason for a police officer to pull you over.

Remember when fuzzy dice were popular items hanging from the rearview mirror? If you are too young to remember that, what about graduation tassels, crucifixes, or air fresheners? Whatever is hanging from the rearview mirror in your car should be removed in order to prevent a citation.

According to Va. Code 46.2-1054, “It shall be unlawful for any person to drive a motor vehicle on the highway in the Commonwealth with any object or objects, other than a rear…

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Look Out For The Other Guy - Uninsured and Underinsured Motorist Coverage

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With the economy constantly in flux, it’s easy to find ourselves looking over our shoulder for what comes next. What comes next could be an out of control car coming into your lane.

There's not much you can do to prevent a car crash caused by someone else, but there is a lot you can do to protect yourself from the consequences of being hit by an uninsured or underinsured motorist.

 

The health of the economy has a direct connection to the number of uninsured cars on the road. According to The Insurance Research Council, for each 1% increase in the unemployment rate, there is a resulting ¾% increase in the uninsured motorist rate. In 2014, the average number of uninsured cars on the road in the United States…

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How Judges Are Selected In Virginia

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Author: Tammy S. Ruble, Richmond, VA Personal Injury Attorney

Many states use elections to select the judges who preside over their courts.  Virginia is one of only two states, the other being South Carolina, in which judges are selected by vote of the legislature.[1]  Article VI, section 7 of the Constitution of Virginia, states: “The justices of the Supreme Court shall be chosen by the vote of a majority of the members elected to each house of the General Assembly  . . . . The judges of all other courts of record shall be chosen by the vote of a majority of the members elected to each house of the General Assembly . . . .”[2]

The Constitution provides for those occasions when the General Assembly…

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Understanding Virginia’s “Dead Man’s Act”

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Author: David M. Irvine, Charlottesville, VA Personal Injury Attorney

The Virginia Rules of Evidence contain a detailed set of requirements that govern what kind of information may be considered by the jury when a personal injury case is tried in court.  One such rule, derived from a statute commonly referred to as the “Dead Man’s Act,” applies when one of the parties to the lawsuit has died prior to the trial.[1] It is important to understand how the Dead Man’s Act works in such cases because it can change the type of evidence that the jury will be allowed to hear and consider.

At common law (prior to the enactment of Virginia Code § 8.01-397), in a case in which either the plaintiff…

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2015 Trial Lawyer of the Year Awards

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Trial lawyers and lawsuits have a precedence of exposing corporate corruption. On June 8th Public Justice presented the 2015 Trial Lawyer of the Year Awards – which go annually to lawyers whose pursuit of justice made the largest impact on public interest. Public Justice is America’s public interest law firm. The Trial Lawyers of the Year winners demonstrate trial lawyers holding corporations and irresponsible government officials responsible for abusing their power and violating the rights of ordinary Americans.

These summaries of their stories are just an example of the incredible work these teams did. Public Justice honors these lawyers because of their extraordinary work fighting injustice, taking…

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