Premises Liability

News & Analysis as of

Public Entity Liability for Dangerous Conditions on Public Property

Woodland Hills personal injury attorney, Barry P. Goldberg, is cautious about suing public entities because liability is statutory and can be difficult establish. However, in the right case, with the right experts, an...more

Party Hosts (and Their Insurers) Beware - An Entry Fee to Cover Costs May Expose You to Liability

Trying to have a party on a budget, albeit an underage party with alcohol, the host required a cover charge to help cover the costs of the party. Both the trial court and the Court of Appeal agreed that this was not a sale of...more

Lake Wabby’s dangerous sand dunes

The much awaited appeal of the Queensland Supreme Court decision in this matter was handed down last week. In State of Queensland v Kelly [2014] QCA 27, the Queensland Court of Appeal upheld the original judgement that the...more

Supreme Court Rules that Landlord are Liable for Injuries to Guests of Tenants

Owners of multi-unit properties should be familiar with Section 5431.04(A)(3) of the Ohio Revised Code, which requires a landlord to, “[k]eep all common areas of the premises in a safe and sanitary condition.” At first...more

Fast Five: Rhode Island Appellate Practice: Winter Storm Warning For Rhode Island Landlords And Business Owners

Before the next big winter storm packs a punch, if you are a landlord or business owner in Rhode Island, make sure you understand your obligation to remove snow accumulation and treat surface areas on your premises. ...more

Are Florida Homeowners Responsible for Injuries Sustained by Uninvited Children on Their Property?

If your child was injured on someone else’s property, even if the child was uninvited, Florida law does not treat it as trespassing. When it comes to premises liability and children, a primary consideration is whether an...more

Limiting Scope Of Discovery In Fla. Premises Liability

In cases where a patron is injured on the premises of a business establishment, the plaintiff ordinarily pursues discovery related to other prior accidents that occurred on the same premises. In addition, the plaintiff often...more

Illinois Supreme Court to Address Distraction Exception to Open-and-Obvious Peril Rule

We begin our previews of the civil cases which the Illinois Supreme Court agreed to review at the conclusion of its January term with Bruns v. The City of Centralia, Illinois. Bruns - which arises from the Fifth District -...more

Driveway Collisions: Common, Costly and Dangerous

Scottsdale was the scene of one of Arizona’s most recent driveway accidents, a frequent and frustrating occurrence in parking facilities across the state. In this collision, five professional baseball players suffered...more

Does Florida Law Hold Property Owners Liable When Trespassers Sustain Injuries on Their Premises?

It seems logical to assume that trespassers who enter a property are responsible for any injuries they sustain. However, it may surprise you to learn that Florida law looks more deeply into the details of these cases, and...more

Supreme Court of Kentucky Effectively Abrogates the Open-and-Obvious-Danger Doctrine

Two seminal opinions on premises liability law issued by the Supreme Court of Kentucky have substantially redefined the open-and-obvious-danger doctrine, with significant implications for premises liability claims. ...more

Slip-And-Fall and the Banana Peel

The person who slips and falls on a banana peel is a classic element in many physical comedy routines. But there is nothing funny about the thousands of Floridians who are injured in such an incident. These slip-and-fall...more

The Dangers of Negligent Security

If you have been the victim of an assault, rape, robbery or other criminal activity at a hotel, shopping mall, nightclub, parking garage or ATM kiosk, filing criminal charges is not your only option. You may also have a...more

Negligent Security and Premises Liability

Whenever a criminal act occurs on business or private property, negligent security may be an issue. Property owners owe a duty of care to all persons who come onto their property for any reason. If landowners do not take the...more

Are NJ Public Premises Responsible For Keeping Me Safe From Criminal Attacks?

The answer to this question essentially depends on whether the negligence of the owners or managers of the premises contributed in some way to the criminal act — and whether they might have reasonably anticipated such an...more

Hersh v. E-T Enterprises Ltd. and The Elimination of the Open and Obvious Doctrine

On November 12, 2013, the West Virginia Supreme Court of Appeals released its decision in Hersh v. E-T Enterprises, Ltd., et al., No. 12-0106. This landmark decision overturns more than 100 years of West Virginia precedent by...more

The Case of the Exploding Toilet and Premises Liability

Michel Pierre was knocked unconscious and received shrapnel wounds to his face, head, arms and legs after the toilet in his apartment exploded. A plumbing contractor was working on the water pressure earlier that day, and...more

Fast Five: Rhode Island Practice Group - November 2013: Premises Liability Update: Rhode Island Supreme Court Confirms That...

In one of the first decisions issued this term, the Rhode Island Supreme Court confirmed in Wyso v. Full Moon Tide, LLC, No. 2012-195-Appeal; 2012-359-Appeal that neither property owners nor lessees of real property owe a...more

Trustee of Property is not Liable for an Injury that Occurs on the Property When Trustee is not Personally at Fault

A California Court of Appeal ruled recently that a trustee of a property, where an injury occurred, cannot be found liable for the injury in the absence of a showing that the trustee was personally at fault for causing the...more

Ninth Circuit Affirms Dismissal of Asbestos “Take-Home” Exposure Case Against Premises Owner Finding No Foreseeability

On September 10, 2013, the Ninth Circuit Court of Appeals affirmed the dismissal of an asbestos lawsuit brought against the owner of a shipyard in Puget Sound on the basis that “no reasonable fact finder could conclude that...more

Minimizing The Legal And Financial Risks Of Cottage Ownership

While cottage ownership comes with many rewards, it also comes with some financial and legal risks. Accidents and injuries that happen in the cottage, on the dock, or on surrounding waterfront property can expose a cottage...more

Premises Liability and Third Party Crimes

Many people are surprised to learn that if you are a victim of a crime committed by a stranger on someone else’s property, the owner of the property can be held liable for failing to provide adequate security. Anna Burgese, a...more

Florida’s Third DCA Limits Scope Of Discovery In Premises Liability Cases

In cases where a plaintiff is injured due to a slip and fall in a business establishment, the plaintiff may seek discovery related to other slip and falls that occurred on the same premises. Such requests are generally made...more

Premises Liability Laws: Invitee, Licensee, Social Guest And Trespasser

When you are injured on someone else's property, the owner’s degree of liability depends on a variety of circumstances — including your legal classification as a person on the property. There are numerous Washington case laws...more

Attacks on Business Properties: Can You File a Premises Liability Lawsuit?

If you have been the victim of an attack on a business property, you may be entitled to compensation for your injuries. The statute of limitations for prosecuting the criminal is usually much longer than the statute of...more

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