News & Analysis as of

Negligence Property Owners

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

Marshall Dennehey

Renewing a Faulty Insurance Policy Does Not Extend the Statute of Limitations.

Marshall Dennehey on

Lewicki v. Grange Ins. Co., 8th Dist. Cuyahoga No. 112705, 2023-Ohio-4544 - The Eighth District Court of Appeals dismissed this complaint that alleged negligence and bad faith against an insurer and an agent after a...more

Searcy Denney Scarola Barnhart & Shipley

How Florida's Comparative Fault Laws Impact Premises Liability Cases

Premises liability cases are often hotly contested. The Plaintiff will typically claim that the property owner or manager is entirely responsible for any slip and fall that occurs on their premises. The owner or manager, by...more

Console and Associates, P.C.

Slip and Fall on Ice in NJ 2024

With plummeting temperatures, snow-covered sidewalks, parking lots, and driveways across New Jersey have become treacherous, turning a simple walk or routine outing into a difficult—and potentially dangerous—journey. It’s no...more

Lowndes

Property Owner Considerations Around Electric Vehicle Bans

Lowndes on

The Canadian Broadcasting Corp. recently reported that Oberon Development Corp., a Toronto property management company and apartment project owner, banned the use and storage on its properties of electric vehicles like cars,...more

Morris James LLP

Who Can Be Sued in a Negligent Security Lawsuit?

Morris James LLP on

A negligent security case arises when a person is the victim of a crime on someone else’s property due to the failure of the property owner to maintain reasonable security measures. Several different types of defendants could...more

Morris James LLP

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

Morris James LLP on

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

BCLP

Georgia Supreme Court Takes Aim at Premises Liability & Apportionment

BCLP on

The Georgia Supreme Court recently decided important premises liability questions and found landowners liable for injuries to persons on their property caused by third-party criminal assailants....more

Miller Canfield

Property Owners: Don't Let Michigan's New Slip-and-Fall Case Law Trip You Up

Miller Canfield on

All property owners and possessors should be aware of a new legal framework from the Michigan Supreme Court that changes how premises liability cases are litigated. Michigan courts have long held that premises owners...more

Segal McCambridge

Michigan Supreme Court’s Landmark Decision: Overturning Two-Decade Precedent in Premises Liability Cases

Segal McCambridge on

On July 28, 2023, the Michigan Supreme Court fundamentally altered the business and property owners’ landscape by upending a 20-year precedent. ...more

White and Williams LLP

In Pennsylvania, Contractors Can Be Liable to Third Parties for Obvious Defects in Completed Work

White and Williams LLP on

In Brown v. City of Oil City, No. 6 WAP 2022, 2023 Pa. LEXIS 681 (2023), the Supreme Court of Pennsylvania (Supreme Court) recently held that a contractor can be liable for dangerous conditions it creates even if the hazard...more

Morris James LLP

Negligent Security FAQs

Morris James LLP on

What is negligent security? Negligent security is a form of premises liability. Property owners have a legal duty to keep their premises reasonably safe for visitors to the property. If a person is a victim of a violent crime...more

Rivkin Radler LLP

Can You Be Sued if a Worker is Injured on Your Property?

Rivkin Radler LLP on

It is important to note that if a contractor or worker gets injured on your job, you may be held legally responsible. Springtime not only brings warmer weather, luscious greenery, and colorful flowers to Long Island, but...more

Rumberger | Kirk

New Florida Tort Reform Law’s Impact on Negligent Security Litigation

Rumberger | Kirk on

Florida Governor Ron DeSantis signed House Bill 837 into law this morning with the effective date of upon its signing. Known as the “tort reform” bill, the new law makes numerous changes to tort law including the law...more

Gray Reed

Operator Escapes Liability For a Gas Kick and Resulting Fire

Gray Reed on

The Texas Civil Practices and Remedies Code, Chapter 95, limits a property owner’s liability when an independent contractor hired to construct, repair, renovate or modify an improvement to the owner’s property brings a...more

Bennett Jones LLP

Alberta Court of Appeal Considers Claim of Pure Economic Loss

Bennett Jones LLP on

The Alberta Court of Appeal recently considered the latest Supreme Court of Canada decision on pure economic loss in a decision involving a proposed class action for damages related to a pipeline spill. In its decision, the...more

Morris James LLP

What are My Chances of Winning a Slip and Fall Lawsuit?

Morris James LLP on

Slip and fall injuries are a common occurrence in the United States and send many people to the hospital year after year. According to information from the National Floor Safety Institute, a nonprofit organization dedicated...more

Morris James LLP

Slip and Fall FAQs - January 2022

Morris James LLP on

Slip and fall cases have a reputation of being hard to win because the injured person has to prove that the defendant: • Owed them a duty of care (negligence) or similar legal obligation (premises liability)...more

Law School Toolbox

Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! In today's episode, we talk about the special duties landowners and land possessors owe to people who enter their land, as well as the duties landlords owe to their tenants....more

Morris James LLP

I Fell On a Friend’s Property, and I Don’t Want to Sue Them, but My Bills are Piling Up—What Should I Do?

Morris James LLP on

Slip and fall accidents are an unfortunately all-too-common occurrence. According to the Centers for Disease Control and Prevention (CDC), millions of people fall each year—and more than one out of every four individuals 65...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! In today's episode, we talk about the special duties landowners and land possessors owe to people who enter their land, as well as the duties landlords owe to their tenants. Both...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

Cozen O'Connor

When 1% Equals 100%: New York Rejects Fault Based Approach to Additional Insured Coverage

Cozen O'Connor on

When a named insured is only 1% responsible for an accident, what percentage of indemnity coverage is owed to an additional insured? A recent New York federal court says 100%. In New York, additional insured coverage may very...more

American Conference Institute (ACI)

[Virtual Event] Contaminated Sites Liability & Litigation Risk - April 22nd, 8:30 am - 5:30 pm EDT

The Canadian Institute’s advanced conference on Contaminated Sites Liability & Litigation Risk takes a deep dive into the most critical challenges affecting land developers, real estate and legal professionals, and...more

Morris James LLP

Slip and Fall FAQs

Morris James LLP on

1. Are slip and fall cases hard to win? Slip and fall cases have a reputation of being hard to win because the injured person has to prove that the defendant...more

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