Premises Liability

News & Analysis as of

Naming rights: Finding and naming the proper entities in a premises case

The lawyer looked at the satellite view. The client had circled where the injury occurred – in the midst of a plaza. The injury? Straightforward. Who owned the plaza? A little more complicated. The pondered how to find the...more

Illinois Supreme Court Seems Skeptical of Expansive Interpretation of Distraction Exception to Open-and-Obvious

Our reports on the oral arguments during the May term of the Illinois Supreme Court continue with Bruns v. City of Centralia. Bruns poses a question with the potential to blow a significant hole in the open-and-obvious peril...more

The Two Exceptions to Hold a Landowner Liable for Another's Negligence

Barry P. Goldberg looks for all possible sources of recovery when his client's are injured. Often, that inquiry involves "vicarious liability" for the negligent acts of an independent contractor. At common law, a person who...more

Equity – Establishing the Elements of Equitable Tolling and Equitable Estoppel

Linda Hopkins v. Jurek Kedzierski as Trustee, etc., et al. - Court of Appeal, Fourth Appellate District (April 16, 2014) - Under the principle of equitable tolling, a statute of limitations will not bar a claim...more

Slip and Fall Accidents and Store Owner Liability

What happens if you slip or trip and fall in a department store, grocery store, or mall in the San Fernando Valley? Do you have a legal claim? Should you contact a personal injury attorney?...more

Hospitalitas Newsletter - Spring 2014

In This Issue: - Your Grandmother Doesn’t Work for Free: Volunteer and Intern Positions Under Closer Scrutiny - Excessive Celebration – Penalty Declined - Four Crisis Management Lessons from the...more

Texas Supreme Court to review certified question from Fifth Circuit in Austin v. Kroger

The Supreme Court of Texas has accepted the Fifth Circuit’s certified question in Austin v. Kroger. The Fifth Circuit’s request for certification formally withdraws its previous controversial opinion. The case could have...more

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

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

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

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