Premises Liability

News & Analysis as of

It’s Snowing (Again!) – What Responsibility Does a Landlord Have for Snow and Ice Removal?

After four major snowstorms have buried much of Massachusetts in more than six feet of snow, and with other areas of the country dealing with storms of their own, landlords nationwide are wondering how responsible they are...more

How Do I Know if I Have a Premises Liability Claim?

Winter Weather and Premises Liability - Injuries that lead to premises liability lawsuits can happen during any month of the year, but the winter months tend to be particularly hazardous. For example, a recent report...more

Client Alert: Premises Liability Claim Brought by Correctional Officer Not Precluded by Workers’ Compensation Law

In Wright v. State of California (No. A139034, filed 1/30/2015) the First District Court of Appeal held a state correctional officer, who lived on state owned property adjacent to his place of employment, was not precluded,...more

Win Some, Lose Some: Assumption of Risk Defense Fails for Sports Complex Owners; Claims Against Dome Seller Dismissed

A plaintiff bringing product liability and premises liability claims against multiple defendants in an effort to cover all bases often leads to different legal defenses among classes of co-defendants and a scattered offense...more

Premises Liability – Hotel Owner’s Duty to Children in Multiple Story Structures

Nan Lawrence, et al. v. La Jolla Beach and Tennis Club, Inc., et al. - Court Of Appeal, Fourth Appellate District (October 31, 2014) - In most premises liability actions, duty of the property owner is determined...more

Summary Judgment Granted in “Known Condition” Premises Case

Federal District Court in Columbia Holds No Duty to Warn of Rainy Conditions - Retailers and hospitality-related entities doing business in South Carolina should be encouraged by a recent premises liability decision...more

Halloween Injuries: Who’s Liable?

With Halloween just around the corner, many residents of the San Fernando Valley are preparing for trick-or-treaters of all ages. While Halloween is supposed to be a fun, accident-free holiday, injuries can and do happen. ...more

Just When You Thought It Was Safe…

A smattering of recent Oklahoma Supreme Court tort and insurance decisions - I know many of you may have thought the Court to be inactive these last many months when it comes to insurance and tort matters. Rest easy, –...more

Premises Liability 101: Business owner liability for crimes on their property

The legal theory of premises liability holds property owners responsible for accidents and injuries that occur on their property. The law in this area is highly developed and can differ from state to state. Premises liability...more

Texas Supreme Court Opinions and Orders (8/14 - Part 2)

In its weekly orders on Friday, August 22, 2014, the Supreme Court was busy. The Court issued 7 opinions, granted 4 petitions for review, and set 4 mandamus petitions for argument. Scott Stolley summarized 3 of the opinions,...more

Vermont supreme court makes radical change to premises liability law

In a significant decision issued on Friday, July 18, 2014, involving a retail store, the Vermont Supreme Court has abolished the old premises liability distinction between “business invitees” (i.e., customers) and licensees...more

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

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

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