Inherently Dangerous Activities

News & Analysis as of

Toxic Tort & Product Liability Quarterly Volume 7, Number 3

PREEMPTION - Supreme Court Says CERCLA Does Not Preempt Repose Defense for Tort Claims - The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort...more

Storing Heating Oil In Residential Tank Is Not An Abnormally Dangerous Activity In New Jersey

The Appellate Division recent held that the storage of home heating oil in an underground storage tank is not an abnormally dangerous activity. In Ross v. Lowitz, the plaintiffs, John and Pamela Ross, owned property that was...more

“Inherently Dangerous Business” Requires “High Degree Of Attention To Detail” In Safety Training And Supervision: Court

Dangerous workplaces require particularly careful training and supervision, a judge has stated in convicting a propane company. ...more

Liability of a General Contractor for Injuries Caused by Negligent Subcontractor

Because a general contractor is generally in charge of the entirety of a construction project, it is often assumed, and alleged in lawsuits, that the general contractor is legally responsible for the safety of the jobsite. ...more

Weekly Law Resume - January 24, 2013: Risky Business: California Extends The Primary Assumption Of Risk Doctrine

Smriti Nalwa v. Cedar Fair, L.P. SUPREME COURT OF CALIFORNIA (December 31, 2012) The primary assumption of risk doctrine prevents liability from attaching to operators, instructors, and participants in specific...more

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