News & Analysis as of

Negligence Liability Duty of Care

Proskauer Rose LLP

Three Point Shot - June 2024

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A Céspedes for the Rest of Us! Ex-New York Met Has Himself a Day, Winning a Critical Preliminary Injunction, as Chandler Bats Founder Finds Himself in a Pickle - The companies of ex-MLB player Yoenis Céspedes—La Potencia,...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

Ward and Smith, P.A.

Is Premises Liability the Same as Negligence?

Ward and Smith, P.A. on

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

Morris James LLP

Negligent Security: Are You an Invitee, Licensee, or Trespasser, and Why Does it Matter?

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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

Pullman & Comley - Connecticut Health Law

Top 10 Connecticut Health Law Cases for 2021

Befitting a year in which the lingering COVID-19 pandemic caused delays in almost every aspect of daily life, Pullman & Comley’s annual survey of notable health law cases from Connecticut’s trial and appellate courts makes...more

Goldberg Segalla

Summary Judgment Granted as Premises Owner Did Not Owe a Duty to Independent Contractor’s Employee

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U.S. District Court for the Western District of Pennsylvania, February 15, 2022 - In this asbestos action, Carl Gay alleged that he developed mesothelioma after a forty-year career. From 1974 until 1976, Gay worked as a...more

Stikeman Elliott LLP

Supreme Court Clarifies the Scope of Liability in Negligence for Public Authorities Making “Core Policy Decisions”

Stikeman Elliott LLP on

In Nelson (City) v Marchi, 2021 SCC 41, the Supreme Court of Canada held that public authorities may only be shielded from liability in negligence when making decisions that engage public policy considerations, such as...more

Rumberger | Kirk

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

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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

Chartwell Law

Skating Through Snow and Ice Mishaps - A Primer in New Jersey’s Premises Liability Law

Chartwell Law on

As winter approaches and the first snow begins to fall, New Jersey property owners will undoubtedly question whether they have a responsibility to remove snow and ice on sidewalks abutting their properties. Luckily, New...more

Searcy Denney Scarola Barnhart & Shipley

What Kind of Tort is a Slip and Fall?

A slip and fall injury, also known as a “slip or trip and fall” injury, is a particular type of personal injury tort, caused by a person slipping (or tripping) and falling on the property of another and, as a result,...more

Searcy Denney Scarola Barnhart & Shipley

Is Premises Liability the Same as Negligence in Florida?

The simple answer is no, although the two types of claims are similar. If you have suffered an injury, you and your lawyers may have to decide what kind of claim to bring for your damages. The cause of your injuries will...more

Rumberger | Kirk

Premises Liability Concerns as Hotels Re-Open in the Wake of COVID-19

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COVID-19 has ravaged the economy, with the hospitality industry feeling especially compromised. Fear of community spread of the virus through travel and group events has dramatically reduced occupancy rates across the...more

Gray Reed

Stay Shut Down or Be Sued? The Risk to Your Business from COVID-19 Premises-Liability Claims

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Reeling from months of governmental orders that required all restaurants to close their doors, Chez Quis was elated to re-open and welcome back its diners, even at a reduced capacity. But elation quickly turned to despair...more

Gray Reed

Stay Shut Down or be Sued? The Risk to Businesses from COVID-19 Premises-Liability Claims

Gray Reed on

After months of governmental orders that required all non-essential businesses to close their doors, many companies are eager (or even desperate) to re-open and begin generating revenue. But they are wary of potential...more

Hogan Lovells

Supply chain liability under the law of negligence: What does Jabir and Others v KiK Textilien und Non-Food GmbH mean for European...

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Last month a court in Dortmund heard arguments in Jabir and others v. KiK Textilien und Non-Food GmbH.  It is a case brought against a German retailer, under English law principles of tort in relation to a fire at the factory...more

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