News & Analysis as of

Premises Liability

An Overview of North Carolina Premises Liability Law

by Ward and Smith, P.A. on

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

Are stores liable for car crashes and pedestrians hit by cars in parking lot crosswalks?

by Michigan Auto Law on

Court rules in Bay County case involving TBI car crash victim in a Menard’s parking lot crosswalk that stores do have legal duty to protect ‘safety zone’ - Parking lots are more dangerous than you might think. Hundreds of...more

Objective Foreseeability:  Indiana Continues to Broaden the Foreseeability Analysis in Premises Liability Cases

by Reminger Co., LPA on

In its June 19, 2017 opinion in Daviess-Martin Cty. Joint Parks & Rec. Dep’t v. Estate of Abel, 2017 Ind. App. LEXIS 260, the Indiana Court of Appeals paved the way for Indiana trial courts to expand their analysis regarding...more

Court of Appeal upholds jury verdict in Petitpas et al. v. Ford Motor Company, et al

by Dentons on

In a unanimous 64 page decision, the Second District Court of Appeal, Division Four in Los Angeles affirmed the defense verdict in favor of Exxon Mobil Corporation and Ford Motor Company in a lawsuit brought by Marline and...more

What Must Be Proven in a California Slip and Fall Claim?

A slip and fall occurs when someone loses their balance because of a slick spot or because they tripped over something on the property. As a result, they are injured in some way. Slip and falls in San Fernando Valley can be...more

Important Changes To The Landscape Of Premises Liability Cases In Texas

by Fox Rothschild LLP on

The Texas Supreme Court in 2015 issued an opinion that should make it easier for defendants to win summary judgment in premises liability cases. In Austin v. Kroger Texas, L.P. (2015), the Court clarified that an invitee’s...more

Theme Park Defense 10 Things to Know

by Rumberger Kirk & Caldwell on

Florida’s theme parks attract millions of visitors each year. Any business with that volume of visitors is certain to encounter litigation. Theme park litigation is unique because it incorporates many different types of...more

Seniors and Falls: A Growing, Preventable Problem

The No. 1 cause of injury to U.S. seniors are falls. They happen at unimaginable rates. A member of the elderly population receives treatment in an emergency room every 11 seconds because of a fall. Someone age 75 or older...more

Defence & Indemnity - February 2017: I. INSURANCE ISSUES A.

by Field Law on

I. INSURANCE ISSUES A. Where an insurer has failed to afford a defence to its insured and the insured is successful in bringing proceedings to enforce the insurer’s obligations, the court can and will award the insured a...more

Hospital Insists it Was Malpractice; Patient Disagrees

by Faegre Baker Daniels on

At first glance it looks like a “Man Bites Dog” headline. The hospital insists that the patient was injured by professional negligence; the patient vehemently disagrees. The argument goes all the way to the state court of...more

Retail Hospitality Newsletter - Late Fall 2016

by Reminger Co., LPA on

Sudden cardiac arrest (“SCA”) is the largest cause of natural death in the United Statesand is responsible for approximately half of all heart disease deaths. SCA, however, is not a “heart attack” (i.e. an artery blockage)...more

Steven Lane v. State of Arizona, et al

Jones, Skelton & Hochuli Governmental and Appellate Group members John DiCaro and Justin Ackerman recently obtained summary judgment on a premises liability and fraudulent transfer lawsuit filed against Gavilan Peak, LLC. On...more

The Rise of Spoliation Claims In Premises Liability Cases

by Reminger Co., LPA on

“Spoliation” generally includes the destruction of evidence or the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation. See Owner-Operator Indep. Drivers Ass’n v....more

Construction Injuries Under the Privette Doctrine. An Electrifying, but Perhaps Not Particularly Shocking, Story . . .

We’ve talked about the Privette doctrine before. The Privette doctrine, named after the court case Privette v. Superior Court (1993) 5 Cal.4th 689, provides in general that project owners and contractors are not responsible...more

Decision Limiting Duties regarding Automated External Defibrillators Does Not Shock The Conscience

by Reed Smith on

Ponder the following: A man attends an exercise class at a facility run by a local religious institution. Assume that he belonged to this facility, wanted to attend an exercise class because his fitness was less than...more

California Imposes Broad Liability in “Take-Home” Toxic Exposure Cases

by Wilson Elser on

The Supreme Court of California has overturned prior case law and imposed broad new liability on “employers and premises owners” in “take-home” toxic exposure cases. In a lengthy opinion issued in the consolidated Kesner v....more

California Supreme Court Imposes Broad Liability for Employers and Premises Owners in “Take-Home” Toxic Exposure Cases

by Wilson Elser on

The Supreme Court of California has overturned prior case law and imposed broad new liability on “employers and premises owners” in “take-home” toxic exposure cases. In a lengthy opinion issued in the consolidated Kesner v....more

Torts – Premises Liability

by Low, Ball & Lynch on

Al Khosh v. Staples Construction Company, Inc. - Court of Appeal, Sixth Appellate District (October 26, 2016) - Under Privette v. Superior Court (1993) 5 Cal.4th 689, an employee of an independent contractor...more

Workwise: The Time of Year for Holiday Cheer: A Few Things for Employers to Keep in Mind

by Field Law on

With the holidays just around the corner, many employers will be celebrating the holiday season and a hard year’s work with its staff. Although this is a time for cheer, employers should also be mindful of their obligations...more

Asbestos Alert: Employers and Land Owners Have Duty to Take-Home Exposure Plaintiffs

by Low, Ball & Lynch on

Kesner v. Pneumo Abex, LLC - Supreme Court of California (December 1, 2016) We first reported on this case on May 14, 2014, when the Court of Appeal ruled. The case was further appealed to the California Supreme...more

Torts – Assumption of the Risk – Waiver of Liability

by Low, Ball & Lynch on

Kirk Anderson v. Fitness International, LLC - Court of Appeal, Second District (October 27, 2016) - The general rule in California is that all persons are responsible “for an injury occasioned to another by his or...more

Torts – Immunity for Recreational Activities by Private Landowner

by Low, Ball & Lynch on

Yan Wang et al., v. Gregory Nibbelink, et al. - Court of Appeal, Third Appellate District (October 13, 2016) - Under Civil Code § 846, a landowner is shielded from liability from injuries to recreational users...more

Who Is Responsible For That Fallen Tree?

by Ward and Smith, P.A. on

In the aftermath of Hurricane Matthew many of us are dealing with damage caused by fallen trees. In planned communities, the question of responsibility for damage caused by fallen trees is often posed to the owners...more

California Recreational Immunity Statute Applies to Shield Landowner from Liability for Injuries to Off-Premises Persons Not...

by Selman Breitman LLP on

The California Court of Appeal, in a case of first impression, recently held that California's "recreational immunity" statute (Cal. Civil Code §846(c)) applies to shield landowners from liability where recreational users of...more

Premises Liability

by Low, Ball & Lynch on

Victor M. Regalado v. Jeffrey M. Callaghan - Court of Appeal, Fourth Appellate District (September 22, 2016) - Generally, when employees of independent contractors are injured in the workplace, they cannot sue the...more

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