Premises Liability

Woman Injured by Falling Coconut Tree Files Negligence Suit

by Cronin, Fried, Sekiya, Kekina & Fairbanks on 5/16/2013

Late last year, Hawaii News Now reported that a woman injured by a falling coconut tree in Kuklo Beach Park filed a negligence suit against the city of Honolulu. The coconut tree crashed into the roof of a restroom and as a...more

Sutherland SALT Shaker: April 2013 Digest

by Mary Alexander, Andrew Appleby, Zachary Atkins, Madison Barnett, Todd Betor, Scott Booth, Christopher Chang, Timothy Gustafson, Saabir Kapoor, Jessica Kerner, Shane Lord, Pilar Mata, more +Suzanne Palms, Kathryn Pittman, David Pope, Maria Todorova, Jack Trachtenberg, Prentiss Willson | Sutherland Asbill & Brennan LLP on 5/1/2013

In this issue: - California Court of Appeal: No Man May Profit From His Own Wrongdoing in a Court of Justice - The (True) Object of My Affection: A Nontaxable Stock Screening Service - Alternate Universe...more

Appellate Notes: Week of March 25

by Edward McCreery III | Pullman & Comley, LLC on 3/28/2013

In This Issue: - SC18915- Misiti, LLC v. Travelers Property Casualty Co. of America - SC18840- New England Road, Inc. v. Planning & Zoning Commission - SC18804- Cordero v. University of Connecticut...more

Amusement Parks And Georgia Premises Liability Law

by Tate Law Group, LLC on 3/25/2013

According to the 2010 Fixed-Site Amusement Ride Injury Survey conducted by the International Association of Amusement Parks and Attractions, about 290 million guests worldwide visit the 400 amusement parks in the association...more

Under Construction - March 2013: Colorado Court of Appeals Rules that Contractors May Be Liable for Dangerous Site Conditions...

by Scott C. Sandberg | Snell & Wilmer L.L.P. on 3/20/2013

In Collard v. Vista Paving Corp., the Colorado Court of Appeals adopted the “foreseeability rule” under which a contractor may have a duty of care for dangerous site conditions even after the contractor’s work was completed...more

Workplace Safety, Security and Employee Gun Rights - Best Practices To Mitigate Workplace Violence Risk

by Anjali Chavan, Michael Hawkins, Michael Mattingly | Dinsmore & Shohl LLP on 3/19/2013

In the wake of the mass shootings that continue around the country, the President, some members of Congress, state and local officials and many advocacy groups are pursuing an aggressive agenda to increase safety measures and...more

When Is a Property Owner Responsible for Your Injury?

by Law Offices of Cohn & Smith, P.A. on 3/18/2013

Wal-Mart stores lost an important case last year when Valerie Dantzler successfully sued the retail chain for $800,000. Dantzler was injured while shopping at a Wal-Mart branch in Florida in 2005. The incident occurred when...more

Premises Liability At Valdosta Mall

by Tate Law Group, LLC on 3/12/2013

On November 28, 2012, Ahmad Waqas, 20, finished closing up the Dairy Queen where he worked at in the Valdosta Mall. On his way out of the mall he was beaten by two men and robbed of $100. Apparently, there was no mall...more

A Snapshot Of Georgia Premises Liability

by Tate Law Group, LLC on 2/28/2013

An elderly woman hired a roofer to clean the wet pine straw that accumulated on the roof and awnings of her house. While attempting to complete the task, the roofer fell and was injured when the awning he was cleaning...more

Examples Of Slip And Fall vs. Trip And Fall Accidents

by Viles & Beckman, LLC on 2/27/2013

The National Floor Safety Institute reports that slip and falls account for over one million hospital emergency room visits each year. Just a quick review of a few slip and fall cases against Wal-Mart alone demonstrates how...more

Major Insurance Company Announces It Will No Longer Cover Certain Dog Breeds

by Demas Law Group on 2/18/2013

When we purchase homeowner’s insurance, we do so because we want to be protected in the case of unexpected loss. Most of us consider this form of loss to be something that involves damage being done to the home in a storm or...more

Mortgagees Beware -- Appointment of a Receiver is the Preferred Course for Rental Property in Foreclosure

by Letitia Accarrino | Wilentz, Goldman & Spitzer P.A. on 2/4/2013

The recent case of Rojas v. Rubenstein, No. A-5755-10T2, 2012 N.J. Super. Unpub. LEXIS 2359, 2012 WL 4935498 (App. Div. October 18, 2012), focused attention on the relative liabilities of a court-appointed receiver and a...more

Who Is Responsible for Keeping Snowy Sidewalks Clear?

by Michael Barasch | Barasch McGarry Salzman & Penson PC on 1/24/2013

New York City may be photogenic after a snowfall, but the charm soon fades for pedestrians trying to negotiate treacherous sidewalks. Often there is no way to avoid a stretch of unattended concrete. Slipping on an icy...more

Swimming Pool Safety And Children

by Law Office of Paul B. Genet on 1/21/2013

A nine-month-old Florida boy was in critical condition after his mother rescued him from a near drowning in the family’s pool in late December....more

Even After Work is Completed and Accepted by the Project Owner, Contractors Have an Ongoing Duty to Maintain Construction Site...

by Jonathan Allen | Snell & Wilmer L.L.P. on 1/17/2013

On November 21, 2012, the Colorado Court of Appeals issued a decision with potentially far-reaching implications. In Collard v. Vista Paving Corp., 2012 COA 208 (2012), the court concluded that contractors have a duty to warn...more

Florida Slip-And-Fall Claims: What Does The Law Say?

by Law Offices of Cohn & Smith, P.A. on 1/17/2013

Last month, a Florida woman faked a fall in a grocery store in Monticello. The surveillance video showed her getting up after her “fall”, looking around, and then sitting down again as soon as employees came back to attend to...more

The Duty of Property Owners to Remedy Security Problems

by Law Offices of Nussin S. Fogel on 1/15/2013

News reports indicate that the hunt continues for a serial killer who apparently seeks out shops in Brooklyn’s Flatbush area with no security camera on site. These cases should put all New York City property owners on high...more

Wal-Mart Loses $1M Slip and Fall Case

by Law Offices of Cohn & Smith, P.A. on 1/15/2013

Earlier this year, a woman won a $1 million judgment against Wal-Mart after slipping on a wet spot on the floor of the Northside Jacksonville Wal-Mart Supercenter. This is an unusually high recovery for a Florida slip and...more

Possible Injuries Sustained in Negligently Secured Areas

by Law Offices of Nussin S. Fogel on 1/11/2013

Late one night this past summer, a promising college-bound 22 year-old man named Hansell Arias was stabbed to death in a McDonald’s parking lot. At the time the incident was reported, there were no suspects....more

Amendments to Liquor Control Act Create Safe Harbor For College And University Employees And Students Who Request Police...

by Scott Warner, Ellen Wetmore | Franczek Radelet P.C. on 12/24/2012

On January 1, 2013, certain amendments to Section 6-16 of the Illinois Liquor Control Act of 1934 (the “Act”) will take effect. These amendments may impact the way that institutions of higher education address underage...more

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