Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
The Risk of Personal Injury Claims from COVID-19 and What to Do About It
Reopening Commercial Buildings: COVID-19 Issues Podcast
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
The Florida Supreme Court ruled that PIP (Personal Injury Protection) insurers may pay 80% of a charge submitted by a provider, even when that reimbursement amount is less than the amount that would be reimbursable under the...more
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
“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
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
In Gilliard v. Manhattan Nuvo LLC, New York’s Appellate Division, First Department held that the assumption of the risk doctrine did not extend to an accident at a birthday party at a hookah (a water pipe used to smoke...more
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
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
When you get injured in a slip and fall accident, one of the first things you need to do is find out if you have a case. If you do, you may be entitled to financial compensation, but you may also need to act quickly to...more
Key Points: Pennsylvania Superior Court recently held that a plaintiff’s failure to join an indispensable party property co-owner was grounds for full dismissal of his premises liability claim....more
When you get injured in a slip and fall accident, one of the first questions you need answered is, “Who do I sue?” Identifying the correct defendant (or possibly defendants) in your slip and fall case is critical, as you need...more
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
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
Kunsman v. Wawa, Inc., et al., 2023 WL 3778865 (Pa. Comm. Pl. Montg. Co. Jun. 2, 2023) - The plaintiff slipped and fell on a yellow-painted surface in the parking area located on the defendant’s premises. During discovery,...more
McClure v. Love’s Travel Stops & Country Store, Inc., 2023 WL 3609158 (M.D. Pa. 2023) - The plaintiff slipped and fell in the defendant’s gas station store. The plaintiff parked his tractor trailer in the parking lot to...more
We enter stores, restaurants, and other public spaces with the expectation that they will be safe. This proves to be correct in the overwhelming majority of circumstances. There are times, however, when the owner or...more
A day at the amusement park can be a stress-relieving, fun way to pass the time. However, despite the joys they provide, many patrons are caused to suffer from personal injuries every year at amusement parks due to dangerous...more
Hierman v. Westmoreland County Airport, 2023 WL 4002424 (Pa. Cmmw. 2023) - This matter concerns the plaintiff’s trip and fall on a snow-covered grassy area between two parking lots at the Westmoreland County Airport. The...more
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
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
Key Points: Traumatic brain injuries are becoming ever more prevalent in the legal industry. Plaintiff attorneys are increasingly using traumatic brain injury claims in order to transform routine cases, with minor damages,...more
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
An individual can sustain serious and life-altering injuries when they slip or fall on another person’s property. These injuries can range from broken bones to head trauma to spinal cord damage. Depending on the...more
Every premises liability case is defendable if the commercial business has procedures in place for inspections, cleaning and maintenance, and those procedures are carried out. Most commonly, businesses are sued due to a slip...more
The Vermont Supreme Court just issued a new premises liability decision, clearing a non-possessory property owner from a wrongful death claim made by an invitee of the commercial tenant. Here’s the decision and a very brief...more