News & Analysis as of

Trespass Premises Liability

Miller Starr Regalia

Examining The Waiver Of Recreational Immunity By Express Invitation After The California Supreme Court’s Decision In Hoffmann V....

Miller Starr Regalia on

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

Smith Gambrell Russell

There is No Common-Law Right to Boot a Vehicle in Georgia: Booting a Car is Not the Same as Corralling Livestock

Smith Gambrell Russell on

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

Rumberger | Kirk

Landowner’s Duty of Care in Florida, and the Special Case of Contractors

Rumberger | Kirk on

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

Maynard Nexsen

Premises Liability: Comparative Negligence Is Not a Defense in Child Trespasser Case

Maynard Nexsen on

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

Ward and Smith, P.A.

An Overview of North Carolina Premises Liability Law

Ward and Smith, P.A. on

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

Obermayer Rebmann Maxwell & Hippel LLP

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

Spilman Thomas & Battle, PLLC

Hersh v. E-T Enterprises Ltd. and The Elimination of the Open and Obvious Doctrine

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

South Carolina Supreme Court Issues Important Ruling on Nuisance, Trespass, and Liability for Offensive Odors

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

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