Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
The Risk of Personal Injury Claims from COVID-19 and What to Do About It
Reopening Commercial Buildings: COVID-19 Issues Podcast
The vacation rental industry claims over two million properties throughout the United States. According to the Miliken Institute, California had 128,000 short-term vacation rental listings in 2022. The Big Bear region in...more
Public spaces create community, but they also carry risks. While the expectation is that you will be safe and not exposed to undue risks, this is not always the case. For example, there has been much litigation involving...more
“Slip and fall” is a term that personal injury lawyers, insurance companies, and insurance claim adjusters use to describe accidents that occur when people fall, slip or trip and hurt themselves at a commercial location,...more
In today's world, we travel all the time. We shop at grocery stores and department stores, we take walks on the sidewalks in our neighborhoods, and we go to large events, such as concerts or weddings, at various venues. But...more
Premises liability cases are often hotly contested. The Plaintiff will typically claim that the property owner or manager is entirely responsible for any slip and fall that occurs on their premises. The owner or manager, by...more
With plummeting temperatures, snow-covered sidewalks, parking lots, and driveways across New Jersey have become treacherous, turning a simple walk or routine outing into a difficult—and potentially dangerous—journey. It’s no...more
When you get injured in a slip and fall accident, one of the first things you need to do is find out if you have a case. If you do, you may be entitled to financial compensation, but you may also need to act quickly to...more
When you get injured in a slip and fall accident, one of the first questions you need answered is, “Who do I sue?” Identifying the correct defendant (or possibly defendants) in your slip and fall case is critical, as you need...more
A negligent security claim is a type of premises liability claim. Premises liability laws vary slightly from state to state, but generally categorize visitors to a property into three groups: invitee, licensee, and...more
Kunsman v. Wawa, Inc., et al., 2023 WL 3778865 (Pa. Comm. Pl. Montg. Co. Jun. 2, 2023) - The plaintiff slipped and fell on a yellow-painted surface in the parking area located on the defendant’s premises. During discovery,...more
McClure v. Love’s Travel Stops & Country Store, Inc., 2023 WL 3609158 (M.D. Pa. 2023) - The plaintiff slipped and fell in the defendant’s gas station store. The plaintiff parked his tractor trailer in the parking lot to...more
We enter stores, restaurants, and other public spaces with the expectation that they will be safe. This proves to be correct in the overwhelming majority of circumstances. There are times, however, when the owner or...more
A day at the amusement park can be a stress-relieving, fun way to pass the time. However, despite the joys they provide, many patrons are caused to suffer from personal injuries every year at amusement parks due to dangerous...more
Hierman v. Westmoreland County Airport, 2023 WL 4002424 (Pa. Cmmw. 2023) - This matter concerns the plaintiff’s trip and fall on a snow-covered grassy area between two parking lots at the Westmoreland County Airport. The...more
On July 28, 2023, the Supreme Court of Michigan significantly changed the framework of premises liability law in Michigan and the open and obvious doctrine, which mainly found application in slip and fall cases. The decision...more
In Hoffner v Lanctoe, 492 Mich 450, 460-461; 821 NW2d 88 (2012), the Michigan Supreme Court explained that a “possessor of land owes no duty to protect or warn of dangers that are open and obvious because such dangers, by...more
All property owners and possessors should be aware of a new legal framework from the Michigan Supreme Court that changes how premises liability cases are litigated. Michigan courts have long held that premises owners...more
Key Points: Traumatic brain injuries are becoming ever more prevalent in the legal industry. Plaintiff attorneys are increasingly using traumatic brain injury claims in order to transform routine cases, with minor damages,...more
On March 24, 2023, Florida Governor Ron DeSantis signed House Bill (HB) 837 into law, effecting sweeping reform of Florida’s tort laws. Some of the most notable changes are to Florida’s frameworks for negligence, insurance,...more
In 1963, the California legislature became concerned that private landowners were “bar[ring] public access to their land for recreational uses out of fear of incurring tort liability." Thus, it enacted Civ. Code, § 846 to...more
Serious or catastrophic injuries have long-lasting and life-changing consequences for victims. If you or your loved one has suffered a serious or catastrophic injury, you may have questions about what is next....more
Few things compare to the thrill of seeing one of your favorite bands, musicians or artists perform live. However, given the crowds and the excitement of concert-goers, music venues and music festivals can also be pretty...more
The short answer is “no.” In fact, the very term “automatically” is rarely found when discussing legal duties of any kind. There are conditions that must be met in order to successfully claim that a landlord is legally...more
On May 17, 2021, Vermont enacted Act 31 (H.89), an Act Relating to Limiting Liability for Agritourism. Governor Scott signed the bill into law just in time for visitors to make their way to the Green Mountain State for a...more
In a premises liability case, the landowner’s standard of care is determined by the category of entrant. Post v. Lunney, 261 So. 2d 146, 147 (Fla. 1972). See also ARP v. Waterway E. Assoc., Inc., 217 So. 3d 117, 120 (Fla....more