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Negligence Commercial Property Owners

Rivkin Radler LLP

The Title Reporter – Summer 2023

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling...more

Marshall Dennehey

Redefining the Scope of the Ongoing Storm Rule: What Recent New Jersey Appellate Division Decisions Tell Us About the Future of...

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Key Points: The New Jersey Ongoing Storm Rule may be a defense for contractors of commercial landowners in negligence actions. Snow and ice removal contractors should consider amending their contractual agreements with...more

Obermayer Rebmann Maxwell & Hippel LLP

"Reasonableness.” What does this mean for commercial property owners?

“So, you’re telling me there is a chance” is the iconic line from the 1994 blockbuster movie “Dumb and Dumber” starring Jim Carey (as “Lloyd Christmas”) and Lauren Holly (as “Mary Swanson”). In the film, Lloyd is enamored...more

Harris Beach PLLC

The Risk of Personal Injury Claims from COVID-19 and What to Do About It

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Product distributors, online retailers, and owners of facilities that are open to the public, such as restaurants, brick-and-mortar retailers, and office buildings, may be wondering about their risk of personal injury claims...more

Bradley Arant Boult Cummings LLP

Two Wrongs Don’t Make a Right: Unlicensed Contractors Can Pursue Designers for Negligence

The North Carolina Court of Appeals recently determined that a builder who fails to comply with state licensing requirements may still pursue a negligence claim against design professionals. In Wright Construction Services,...more

White and Williams LLP

It Has Started: Supply-Chain, Warehouse and Retail Workers of Essential Businesses Are Filing Suit

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Supply-chain businesses that are appropriately characterized as “essential” have remained open for the delivery of critical supplies while everyone else has been told to close up shop and stay home. Now essential-business...more

Ward and Smith, P.A.

The Effect of Immigration Status on Personal Injury Claims in North Carolina

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Sadly, accidents happen, and individuals are injured across our state in all sorts of different ways. When the victim is a recent immigrant to the United States, they sometimes have questions about how immigration status...more

Farella Braun + Martel LLP

Damages for Permit Revocation Constitute Covered “Loss of Use”

Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy. The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App....more

Ward and Smith, P.A.

An Overview of North Carolina Premises Liability Law

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Accidents happen. But how do you determine whether an injury on someone else's property is just an unavoidable accident or a potential legal liability? As in other areas of personal injury law, the analysis typically is based...more

Butler Weihmuller Katz Craig LLP

Florida's Third District Court of Appeals provides a warning: When insureds communicate about their policy needs, agents better...

In Kendall South Medical Center v. Consolidated Insurance Nation, No. 3D16-926, 2017 WL 1908376, *1 (Fla. 3d DCA May 10, 2017), the Third District Court of Appeals reversed the lower court’s fourth dismissal of Kendall South...more

Gray Reed

Foreseeability and a Business Owner’s Liability for Criminal Acts of Others

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Recently we’ve discussed how the foreseeability of the potential harm caused by a person’s actions can make them liable for negligence. Recent horrific events in Garland and Waco, Texas bring up a related question: can a...more

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