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Liability Premises Liability

Maison Law

Liability in Vacation Rental Injuries in California

Maison Law on

The vacation rental industry claims over two million properties throughout the United States. According to the Miliken Institute, California had 128,000 short-term vacation rental listings in 2022. The Big Bear region in...more

Searcy Denney Scarola Barnhart & Shipley

What To Do If You’re Injured In A Public Place In Florida

Public spaces create community, but they also carry risks. While the expectation is that you will be safe and not exposed to undue risks, this is not always the case. For example, there has been much litigation involving...more

Searcy Denney Scarola Barnhart & Shipley

Navigating Florida’s Slip and Fall Cases

“Slip and fall” is a term that personal injury lawyers, insurance companies, and insurance claim adjusters use to describe accidents that occur when people fall, slip or trip and hurt themselves at a commercial location,...more

Ward and Smith, P.A.

Is Premises Liability the Same as Negligence?

Ward and Smith, P.A. on

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

Searcy Denney Scarola Barnhart & Shipley

How Florida's Comparative Fault Laws Impact Premises Liability Cases

Premises liability cases are often hotly contested. The Plaintiff will typically claim that the property owner or manager is entirely responsible for any slip and fall that occurs on their premises. The owner or manager, by...more

Console and Associates, P.C.

Slip and Fall on Ice in NJ 2024

With plummeting temperatures, snow-covered sidewalks, parking lots, and driveways across New Jersey have become treacherous, turning a simple walk or routine outing into a difficult—and potentially dangerous—journey. It’s no...more

Searcy Denney Scarola Barnhart & Shipley

What to Expect in a Florida Slip & Fall Case

When you get injured in a slip and fall accident, one of the first things you need to do is find out if you have a case. If you do, you may be entitled to financial compensation, but you may also need to act quickly to...more

Searcy Denney Scarola Barnhart & Shipley

Identifying the Defendants in a Slip and Fall Case

When you get injured in a slip and fall accident, one of the first questions you need answered is, “Who do I sue?” Identifying the correct defendant (or possibly defendants) in your slip and fall case is critical, as you need...more

Morris James LLP

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

Morris James LLP on

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

Marshall Dennehey

Evidence of Prior Accidents Are Only Admissible If the Prior Accidents Are Sufficiently Similar

Marshall Dennehey on

Kunsman v. Wawa, Inc., et al., 2023 WL 3778865 (Pa. Comm. Pl. Montg. Co. Jun. 2, 2023) - The plaintiff slipped and fell on a yellow-painted surface in the parking area located on the defendant’s premises. During discovery,...more

Marshall Dennehey

A Gas Station Store Was Not Liable for a Slip and Fall When There Was No Evidence as to the Duration of the Alleged Dangerous...

Marshall Dennehey on

McClure v. Love’s Travel Stops & Country Store, Inc., 2023 WL 3609158 (M.D. Pa. 2023) - The plaintiff slipped and fell in the defendant’s gas station store. The plaintiff parked his tractor trailer in the parking lot to...more

Searcy Denney Scarola Barnhart & Shipley

What to Do After a Florida Slip and Fall Injury

We enter stores, restaurants, and other public spaces with the expectation that they will be safe. This proves to be correct in the overwhelming majority of circumstances. There are times, however, when the owner or...more

Stark & Stark

Amusement Park Injuries: Reporting Requirements in NJ

Stark & Stark on

A day at the amusement park can be a stress-relieving, fun way to pass the time. However, despite the joys they provide, many patrons are caused to suffer from personal injuries every year at amusement parks due to dangerous...more

Marshall Dennehey

Pennsylvania Commonwealth Court Notes That Walking Across Undeveloped Land Carries an Inherent Risk of Falling Over Depressions

Marshall Dennehey on

Hierman v. Westmoreland County Airport, 2023 WL 4002424 (Pa. Cmmw. 2023) - This matter concerns the plaintiff’s trip and fall on a snow-covered grassy area between two parking lots at the Westmoreland County Airport. The...more

Roetzel & Andress

Supreme Court of Michigan Alters Premises Liability Law Framework and Open and Obvious Doctrine

Roetzel & Andress on

On July 28, 2023, the Supreme Court of Michigan significantly changed the framework of premises liability law in Michigan and the open and obvious doctrine, which mainly found application in slip and fall cases. The decision...more

Kerr Russell

Changes To Open And Obvious Doctrine Impacts Premises Liability Law

Kerr Russell on

In Hoffner v Lanctoe, 492 Mich 450, 460-461; 821 NW2d 88 (2012), the Michigan Supreme Court explained that a “possessor of land owes no duty to protect or warn of dangers that are open and obvious because such dangers, by...more

Miller Canfield

Property Owners: Don't Let Michigan's New Slip-and-Fall Case Law Trip You Up

Miller Canfield on

All property owners and possessors should be aware of a new legal framework from the Michigan Supreme Court that changes how premises liability cases are litigated. Michigan courts have long held that premises owners...more

Marshall Dennehey

The National Spotlight on Traumatic Brain Injuries and its Growing Prevalence in the Legal Industry

Marshall Dennehey on

Key Points: Traumatic brain injuries are becoming ever more prevalent in the legal industry. Plaintiff attorneys are increasingly using traumatic brain injury claims in order to transform routine cases, with minor damages,...more

Quarles & Brady LLP

Sweeping Changes to Florida Tort Laws Are Now in Effect

Quarles & Brady LLP on

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill (HB) 837 into law, effecting sweeping reform of Florida’s tort laws. Some of the most notable changes are to Florida’s frameworks for negligence, insurance,...more

Miller Starr Regalia

Examining The Waiver Of Recreational Immunity By Express Invitation After The California Supreme Court’s Decision In Hoffmann V....

Miller Starr Regalia on

In 1963, the California legislature became concerned that private landowners were “bar[ring] public access to their land for recreational uses out of fear of incurring tort liability." Thus, it enacted Civ. Code, § 846 to...more

Morris James LLP

Serious Injuries FAQs

Morris James LLP on

Serious or catastrophic injuries have long-lasting and life-changing consequences for victims. If you or your loved one has suffered a serious or catastrophic injury, you may have questions about what is next....more

Console and Associates, P.C.

Can Injured Fans Sue Following a Concert Injury?

Few things compare to the thrill of seeing one of your favorite bands, musicians or artists perform live. However, given the crowds and the excitement of concert-goers, music venues and music festivals can also be pretty...more

Searcy Denney Scarola Barnhart & Shipley

7 Things to Know About Defective Products & Product Liability Cases

The short answer is “no.” In fact, the very term “automatically” is rarely found when discussing legal duties of any kind. There are conditions that must be met in order to successfully claim that a landlord is legally...more

Downs Rachlin Martin PLLC

You Pay to Foul Play: Vermont Joins Over Half of U.S. States in Enacting Legislation that Limits Liability for Agritourism

On May 17, 2021, Vermont enacted Act 31 (H.89), an Act Relating to Limiting Liability for Agritourism. Governor Scott signed the bill into law just in time for visitors to make their way to the Green Mountain State for a...more

Rumberger | Kirk

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

Rumberger | Kirk on

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

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