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
In the case of RCC Wesley Chapel Crossing, LLC et al. v. Forrest Allen et al., the Georgia Supreme Court addressed whether a common-law right exists to allow a private property owner to boot a vehicle parked on its property...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
In a premises liability action, the duty a landowner owes depends on the status assigned to the person upon the property. Generally, South Carolina acknowledges four categories; trespassers, invitees, licensees and children....more
Accidents happen. But how do you determine whether an injury on someone else's property is just an unavoidable accident or a potential legal liability? As in other areas of personal injury law, the analysis typically is based...more
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
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
On August 14, 2013, the South Carolina Supreme Court answered four questions certified to it by the U. S. District Court for the District of South Carolina. Babb v. Lee County Landfill SC, LLC, No. 27299 (August 14, 2013)....more