Premises Liability

News & Analysis as of

Commonsense Tips for Documenting Reported Accidents

One of legendary coach John Wooden’s sayings goes, “If you don’t have time to do it right, when will you have time to do it over?” While common-sense advice applies across the board, it is particularly applicable to proper...more

Supreme Court Limits Landlords Liability for Disrepair

The recent Supreme Court decision in Edwards v. Kumarasamy [2016] UKSC 40 will come as a relief to buy-to-let landlords concerned about their liability for disrepairs in common parts. The Supreme Court, in the context of...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19248 - Western Dermatology Consultants, P.C. v. VitalWorks, Inc. - This decision partially upheld an Appellate Court decision I previously summarized for you where a...more

NJ Supreme Court Opens Door to More Take-Home Exposure Claims against Landowners

On July 6, 2016, in Schwartz v. Accuratus Corporation, No. A-73-14-076195, the New Jersey Supreme Court held that individuals other than spouses exposed to take-home toxins may pursue claims against landowners....more

Premises Liability – Nightclub Liable for Rape of Patron by Employee

Janice H. v. 696 North Robertson, LLC - Court of Appeal, Second Appellate District (July 14, 2016) - Under California law, an owner of land has a duty to take affirmative action to control the wrongful acts of third...more

Pokémon No! A Strategy Guide on Handling the Latest Smartphone Craze in the Workplace

Although Pokémon Go is only 21 days young, over 30 million users have downloaded and played the augmented reality game on their smartphones. In the latest release of the pocket monster franchise, your mission is to capture...more

And The Defense Wins

DRI members Jeff Curran of Gable Gotwals in Oklahoma City and Leighton Oshima of Oshima, Itomura and Fujimoto in Honolulu recently obtained a unanimous defense verdict for a national retailer in Hawaii Circuit Court. Gail...more

New York Imposes Duty on Mortgage Lenders to Maintain “Zombie Properties” and Increases Lenders’ Exposure for Premises Liability...

On June 23, 2016, New York State enacted legislation imposing a duty on banks and mortgage companies to maintain one- to four-family residential properties abandoned by their owners before they have foreclosed on the...more

Defence & Indemnity - June 2016: II. LIABILITY ISSUES #2

Under the Occupier’s Liability Act (OLA) there is no duty to investigate and identify a patron for the purposes of a claim between the two patrons unless the occupier had done something to induce an expectation that it would...more

Walt Disney World — Tragic Loss Should Have Been Avoided

Opened on October 1, 1971, Walt Disney World is the most visited vacation resort in the world. Reports estimate that over 52 million people visit Walt Disney World annually. For me, growing up in West Palm Beach,...more

Kinast v. Target

Jefferson T. Collins Prevailed by Summary Judgment in a Premises Liability Negligence Matter - On behalf of his client, Target Corporation, Jefferson T. Collins, Jones, Skelton & Hochuli, prevailed by summary judgment...more

“What is Our Liability for Wild Animals?” Asks Hoteliers & Other Hospitality-Related Operators After Alligator Attack

On June 15, the nation woke up to their Twitter and Facebook feeds to learn about the horror that had visited a Nebraska family the night before at a Walt Disney World hotel property when a two-year-old boy playing in foot of...more

Liability Waivers. What Happens When You are Injured at the Gym?

Injuries from overexertion and misuse of equipment at the gym are fairly common, but sometimes, a fitness center is to blame for a person’s suffering. In many cases, liability waivers come into play in lawsuits against gyms,...more

Premises Liability Claim Barred By Professional Negligence Statute of Limitations

In Catherine Flores v. Presbyterian Intercommunity Hospital, the Supreme Court of California held that a claim for negligence in the maintenance of equipment and care needed to implement the doctor’s order concerning her...more

Erin Andrew’s Suit Shows Risks to Businesses from Intentional Tortfeasors

Sportscaster Erin Andrew’s suit against a Nashville Marriott and the stalker who the hotel let check-in to a room next to her has made national headlines. When the jury awarded her a total of $55 million damages, with about...more

Everyone Must Get Sued – Really?

In his famous August 13, 1987 opinion granting summary judgment in W.B. Crain v. Cleveland Lodge 1532, Order of Moose, Inc.; in the Circuit Court of Bolivar County, Mississippi, Second Judicial District; No. 7887,...more

Defence & Indemnity - February 2016: III. Quantum/Damage Issues: Every day and reasonably safe playground activities will not...

Thompson (Litigation guardian of) v. Saanich (District), 2015 BCSC 1750, per Baird J. - I. FACTS AND ISSUES - The Plaintiff was an 11 year old girl enrolled at a day camp offered by the Defendant, the Corporation of...more

Defence & Indemnity - February 2016: Liability Issues: A sports liability waiver provides an effective defence in a fitness...

Urbanson v. Western Canadian Place, 2016 ABQB 32, per Master Prowse - I. FACTS AND ISSUES - The Plaintiff was injured while using a treadmill that malfunctioned. She sued HSG Health Systems Group Limited as the...more

A Landowner has a Duty to Warn of Certain Dangerous Conditions

Woodland Hills personal injury attorney Barry P. Goldberg must look for viable liability theories against all possible defendants, particularly in catastrophic injury cases. One theory of liability that can create liability...more

Negligence – Premises Liability – Property Owner Not Liable For Painter’s Accident – No Evidence of Negligence by the Property...

Tomas Vebr v. Gary A. Culp et al. - Court of Appeal, Fourth Appellate District (October 28, 2015) - Workers’ compensation insurance is required for issuance of a contractor’s license in California pursuant to...more

Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

In Vebr v. Culp (Filed 10/28/2015, No. G050730), the Fourth District Court of Appeal affirmed a trial court’s grant of summary judgment in favor of homeowners, where an employee of an unlicensed painting company was injured...more

The Second Appellate District Finds UCLA Not Liable For Third Party Criminal Acts of a Student With a Known Mental Illness

The Regents of the University of California, et al. v. Superior Court of Los Angeles County Katherine Rosen, Real Party in Interest - Court of Appeal, Second Appellate District(October 7, 2015) - The issue in this...more

Stadium Follies – When Can You Sue the State of Texas?

What a year it has been for the Podunk (Texas) High School football team. After the school opened its new $50 million, 18,000-seat stadium at the beginning of the year, the team has reeled off an undefeated regular season and...more

Premises Liability Claims at the Ballpark

When you attend a baseball game with your family, are you at risk of sustaining a serious injury? If you do get hurt, can you bring a premises liability lawsuit, alleging that the owner of the stadium or the team was...more

Do You Have A Duty To Cross The Rubicon?

Property boundaries have great significance in law and life. Julius Caesar crossed the Rubicon, the boundary between Gaul and Italy in violation of Roman law, and nothing was the same for him thereafter. ...more

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