News & Analysis as of

Bodily Injury Duty of Care

Cozen O'Connor

Claims Notes: June 2024

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The Florida Supreme Court ruled that PIP (Personal Injury Protection) insurers may pay 80% of a charge submitted by a provider, even when that reimbursement amount is less than the amount that would be reimbursable under the...more

Butler Weihmuller Katz Craig LLP

New Jersey Supreme Court Doesn’t Show a Whole Lot-ta Love for Commercial Property Owners

Insurers of commercial property owners take note: in a 4-3 decision, the New Jersey Supreme Court significantly expanded sidewalk liability law. Owners of vacant commercial lots in the Garden State now have a duty to maintain...more

Ward and Smith, P.A.

Is Premises Liability the Same as Negligence?

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In today's world, we travel all the time. We shop at grocery stores and department stores, we take walks on the sidewalks in our neighborhoods, and we go to large events, such as concerts or weddings, at various venues. But...more

Segal McCambridge

What The Hookah?! Assumption of the Risk Doctrine Does Not Apply To Accident At Hookah Lounge

Segal McCambridge on

In Gilliard v. Manhattan Nuvo LLC, New York’s Appellate Division, First Department held that the assumption of the risk doctrine did not extend to an accident at a birthday party at a hookah (a water pipe used to smoke...more

Morris James LLP

Who Can Be Sued in a Negligent Security Lawsuit?

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A negligent security case arises when a person is the victim of a crime on someone else’s property due to the failure of the property owner to maintain reasonable security measures. Several different types of defendants could...more

Morris James LLP

Negligent Security: Are You an Invitee, Licensee, or Trespasser, and Why Does it Matter?

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A negligent security claim is a type of premises liability claim. Premises liability laws vary slightly from state to state, but generally categorize visitors to a property into three groups: invitee, licensee, and...more

Searcy Denney Scarola Barnhart & Shipley

Florida’s Boating Accident Laws: What You Need to Know to Stay Safe on the Water

Boating is a popular pastime in Florida. While being on the water can lead to a great deal of enjoyment, it can also lead to injuries. Understanding our state’s boating laws can help you to ensure that you stay safe. It can...more

Haight Brown & Bonesteel LLP

California Court of Appeal Holds a Tenant Owes No Duty to Protect a Social Guest From a Defective Sidewalk Leading to a...

On May 5, 2023, the California First District Court of Appeal, Division One, issued an opinion in Moses v. Roger-McKeever (A164405), holding that a condominium tenant owes no duty to a social guest using a walkway that leads...more

Haight Brown & Bonesteel LLP

Watch Your Step – Playing Golf on an Outdoor Course Necessarily Encompasses Risk of Encountering Irregularities in the Ground...

On April 27, 2023, the First District Court of Appeal issued an opinion in Walter Wellsfry, et al. v. Ocean Colony Partners, LLC (A165175, April 27, 2023) affirming summary judgment for a golf course owner on the grounds that...more

Haight Brown & Bonesteel LLP

Does a Company Have a General Duty to the Public for the Actions of Third Party Users of Its Products?

A California Appeals Court answered this question in the affirmative in certain circumstances, overturning a demurrer previously sustained by the Superior Court. The case involves Bird Rides, Inc., an electric motorized...more

Rivkin Radler LLP

Insurance Update - May 18 2022

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You’ll find some notable decisions in our May Insurance Update. Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...more

Morris James LLP

What are My Chances of Winning a Slip and Fall Lawsuit?

Morris James LLP on

Slip and fall injuries are a common occurrence in the United States and send many people to the hospital year after year. According to information from the National Floor Safety Institute, a nonprofit organization dedicated...more

Hogan Lovells

Only joking - UK employer not liable for workplace horseplay

Hogan Lovells on

In Chell v Tarmac Cement and Lime Ltd, the Court of Appeal of England and Wales confirmed that an employer was not vicariously liable when a workplace prank carried out by one of its employees injured another person working...more

Morris James LLP

Slip and Fall FAQs - January 2022

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Slip and fall cases have a reputation of being hard to win because the injured person has to prove that the defendant: • Owed them a duty of care (negligence) or similar legal obligation (premises liability)...more

Stikeman Elliott LLP

Supreme Court Clarifies the Scope of Liability in Negligence for Public Authorities Making “Core Policy Decisions”

Stikeman Elliott LLP on

In Nelson (City) v Marchi, 2021 SCC 41, the Supreme Court of Canada held that public authorities may only be shielded from liability in negligence when making decisions that engage public policy considerations, such as...more

Rumberger | Kirk

Landowner’s Duty of Care in Florida, and the Special Case of Contractors

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In a premises liability case, the landowner’s standard of care is determined by the category of entrant.  Post v. Lunney, 261 So. 2d 146, 147 (Fla. 1972).  See also ARP v. Waterway E. Assoc., Inc., 217 So. 3d 117, 120 (Fla....more

Chartwell Law

Skating Through Snow and Ice Mishaps - A Primer in New Jersey’s Premises Liability Law

Chartwell Law on

As winter approaches and the first snow begins to fall, New Jersey property owners will undoubtedly question whether they have a responsibility to remove snow and ice on sidewalks abutting their properties. Luckily, New...more

Searcy Denney Scarola Barnhart & Shipley

What Kind of Tort is a Slip and Fall?

A slip and fall injury, also known as a “slip or trip and fall” injury, is a particular type of personal injury tort, caused by a person slipping (or tripping) and falling on the property of another and, as a result,...more

Searcy Denney Scarola Barnhart & Shipley

Is Premises Liability the Same as Negligence in Florida?

The simple answer is no, although the two types of claims are similar. If you have suffered an injury, you and your lawyers may have to decide what kind of claim to bring for your damages. The cause of your injuries will...more

Rumberger | Kirk

Premises Liability Concerns as Hotels Re-Open in the Wake of COVID-19

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COVID-19 has ravaged the economy, with the hospitality industry feeling especially compromised. Fear of community spread of the virus through travel and group events has dramatically reduced occupancy rates across the...more

Gray Reed

Stay Shut Down or Be Sued? The Risk to Your Business from COVID-19 Premises-Liability Claims

Gray Reed on

Reeling from months of governmental orders that required all restaurants to close their doors, Chez Quis was elated to re-open and welcome back its diners, even at a reduced capacity. But elation quickly turned to despair...more

Snell & Wilmer

Vacation Rentals: Liability of the Owner for Injury Suffered by the Renter

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With the explosion of the “private” rental business wherein residential property owners rent their house or condo on a short-term basis to third-parties, certain legal issues have arisen with regard to the duties owed by the...more

Maynard Nexsen

Premises Liability: A Refresher

Maynard Nexsen on

South Carolina’s law of negligence is basic: a plaintiff must demonstrate a defendant owed a duty of care, that defendant breached that duty and plaintiff suffered an injury proximately resulting from defendant’s breach. A...more

Polsinelli

Ninth Circuit Holds that Repeated Concussions Are Not an "Inherent Risk" in Return-to-Play Case and Revives Class Action Claims...

Polsinelli on

Recently, the Ninth Circuit held that secondary head injuries suffered after a potential concussion are not “inherent in the sport” of water polo and, therefore, USA Water Polo owed a minor athlete a duty of care to set...more

Tucker Arensberg, P.C.

May An Amusement, Golf Course or Recreational Facility be Held Negligent When Customers Are Harmed For Injuries Occurring Upon...

Negligence is the failure to use ordinary care. In order for a person to recover for a negligence claim, they must show...more

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