News & Analysis as of

Liability Property Owners

JUSTICENTER

What Happens If I Get Hurt at Sherman Oaks Castle Park?

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Sherman Oaks Castle Park is a popular spot in Encino for mini golf, arcade games, and batting cages. While it’s a family-friendly destination, accidents can and do happen. After an injury, victims may not understand all of...more

McGinnis Lochridge

Drowning in Liability: Court Extends "Waste" Rule to SWD Operator; but preserves RPO defense

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In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while...more

Arnall Golden Gregory LLP

Georgia’s Tort Reform Law (SB 68) Grants Significant New Protections to Property Owners From Runaway Premises Liability Claims

After two consecutive years ranking as the number one “judicial hellhole” in the country — followed by only a slight improvement to number four — Georgia’s General Assembly, with the leadership of Governor Kemp, passed...more

Segal McCambridge

Going to the Dogs: New York Court of Appeals Opens Door to Animal Negligence Claims

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New York’s Court of Appeals has overturned decades-old precedent and permitted victims of animal-related injuries to recover damages against an animal’s owner. An injured person can now pursue claims against an animal’s owner...more

Chambliss, Bahner & Stophel, P.C.

Understanding Georgia’s 2025 Tort Reform: Key Legal Changes for Civil Lawsuits

If you’re a property or business owner in Georgia, a new tort reform bill, signed into law by Gov. Brian Kemp on April 21, 2025, may affect you. It impacts how current and future civil tort lawsuits are handled in Georgia....more

Goldberg Segalla

The Expansion of Dog Owner Liability in New York

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In a landmark decision likely to have wide-ranging implications for premises liability claims and insurance defense litigation, the New York Court of Appeals, the state’s highest court, has upended decades of precedent in its...more

Maison Law

Proving Negligence After a Slip and Fall in California

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Slip and fall incidents are among the most common types of accidents in California and elsewhere. In public spaces like businesses, nearly nine out of ten high-risk areas have no safety measures in place. If you've suffered...more

Woodruff Sawyer

Strategies for Mitigating Liability Risks in Multifamily Real Estate

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The world of multifamily real estate is fraught with unique challenges, especially when it comes to managing liability risks. We spoke with Andrea Ward, SVP and casualty broker at CRC Insurance Group, about the current...more

White and Williams LLP

California Clarifies Basis for Inverse Condemnation Claims

Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available....more

Nossaman LLP

Water Agencies Beware: Disproportionate Damage From Water Delivery May Create Inverse Condemnation Liability

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When water agencies provide water to customers, and that water causes damage to customer property, can water agencies face inverse condemnation liability?  For quite some time, inverse condemnation liability appeared to be...more

McGlinchey Stafford

Court Clarifies HOA Responsibilities in Tenant vs. Tenant Conflicts

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Often, in litigation between an owner and their homeowners association (HOA), there is a question regarding the nature and the extent of the duty owed by the HOA to an owner (or even to a tenant of an owner). The answer to...more

DarrowEverett LLP

When Silence Is/Isn't Golden in Commercial Real Estate P&S Agreements

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While sellers typically initiate the first drafts of commercial real estate purchase and sale agreements, some larger buyers have the leverage to require use of their own form agreements. Sellers in these situations should be...more

Awatif Mohammad Shoqi Advocates & Legal...

Understanding Developer Liability for Maintenance and Defect Costs After Property Handover

When investing in off-plan properties, especially in jointly owned properties in Dubai, understanding a developer's responsibility for maintenance and defect rectification post-handover is crucial. Dubai Law No. 6/2019 on the...more

Rodemer Kane Attorneys at Law

Slip and Fall Accidents in Apartment Buildings: Understanding Your Rights in Colorado

Slip and fall accidents can happen anywhere, but when they occur in an apartment building, the consequences can be particularly challenging. Whether you're a tenant or a visitor, injuries from a fall can result in medical...more

Marshall Dennehey

Superior Court of Pennsylvania Held that Landowner Was Not Relieved of Its Duty of Care for Open and Obvious Dangers When It...

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Robinson v. Seven Springs Mountain Resort, Inc., 2024 WL 2955263 (Pa. Super. June 12, 2024) - The plaintiff, a business invitee, broke her ankle while playing disc golf at the defendant’s disc golf course....more

Maison Law

A Guide to California Premises Liability Laws

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If you are hurt while on someone else's property in California, you may be entitled to compensation. The types of compensation that may be available depend on the facts of your case including the extent of your injuries and...more

Maison Law

Determining Liability in a California Slip and Fall Claim

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Slips, trips, and falls can cause serious and fatal injuries. According to Injury Facts, these incidents took 46,653 lives in workplaces and homes in 2022. The National Floor Safety Institute reports that eight million people...more

Adams & Reese

Too Little, Too Late: Florida Association Found Liable in Records Requests Lawsuit

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A Florida homeowners association was found liable in a records requests lawsuit that emphasizes the need for timely response and proper recordkeeping among community associations. The Fifth District Court of Appeal in...more

Lippes Mathias LLP

Understanding the Role of an Estate Representative and Choosing the Right Individual for your Estate Plan

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Once you have taken the essential step in formulating your estate plan, you must name an executor of your Will. Whom should you designate for this significant role, and what is expected of them?...more

Maison Law

Liability in Vacation Rental Injuries in California

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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

Butler Weihmuller Katz Craig LLP

New Jersey Supreme Court Doesn’t Show a Whole Lot-ta Love for Commercial Property Owners

Insurers of commercial property owners take note: in a 4-3 decision, the New Jersey Supreme Court significantly expanded sidewalk liability law. Owners of vacant commercial lots in the Garden State now have a duty to maintain...more

Searcy Denney Scarola Barnhart & Shipley

What To Do If You’re Injured In A Public Place In Florida

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

Searcy Denney Scarola Barnhart & Shipley

Navigating Florida’s Slip and Fall Cases

“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

Lowndes

New Florida Law Will Improve Remedies for Owners to Remove Squatters from Homes

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Florida has attracted a lot of investors buying homes to rent out, as well as persons buying vacation or second homes. Additionally, some owners downsize or upsize their homes, keeping and renting out their old home after...more

Ward and Smith, P.A.

Is Premises Liability the Same as Negligence?

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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

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