News & Analysis as of

Premises Liability Property Owners

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

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

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

Superior Court Requires Plaintiff to Name Passive Co-owner of Property as a Defendant or Suit Will Be Subject to Dismissal.

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Simone v. Alam, 303 A.3d 140 (Pa. Super. 2023) - The plaintiff slipped and fell on an icy walkway located adjacent to a property owned by the defendant and his brother as tenants in common. The brother was not named as 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

Searcy Denney Scarola Barnhart & Shipley

What to Expect in a Florida Slip & Fall Case

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

Marshall Dennehey

Failure to Join Both Property Owners Leads to Case Dismissal

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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

Searcy Denney Scarola Barnhart & Shipley

Identifying the Defendants in a Slip and Fall Case

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

Morris James LLP

Who Can Be Sued in a Negligent Security Lawsuit?

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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?

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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

Seyfarth Shaw LLP

Property Owner Not Liable for Injury to Employee of Independent Contractor –12.6 Million Verdict Reversed

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Seyfarth Synopsis: California’s Second District Court of Appeal recently reversed a 12.6 million jury verdict in favor of an independent contractor’s employee for injuries he suffered from a broken roof hatch of a commercial...more

Searcy Denney Scarola Barnhart & Shipley

What to Do After a Florida Slip and Fall Injury

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

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

Roetzel & Andress

Supreme Court of Michigan Alters Premises Liability Law Framework and Open and Obvious Doctrine

Roetzel & Andress on

On July 28, 2023, the Supreme Court of Michigan significantly changed the framework of premises liability law in Michigan and the open and obvious doctrine, which mainly found application in slip and fall cases. The decision...more

Kerr Russell

Changes To Open And Obvious Doctrine Impacts Premises Liability Law

Kerr Russell on

In Hoffner v Lanctoe, 492 Mich 450, 460-461; 821 NW2d 88 (2012), the Michigan Supreme Court explained that a “possessor of land owes no duty to protect or warn of dangers that are open and obvious because such dangers, by...more

Warner Norcross + Judd

Michigan Supreme Court Overrules Application of Key Premises Liability Doctrine

On July 28, 2023, the Michigan Supreme Court issued an opinion overruling the widely adopted application of the open and obvious doctrine in cases involving premises liability claims. In Kandil-Elsayed v. F & E Oil, Inc and...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

Morris James LLP

Negligent Security FAQs

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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

Searcy Denney Scarola Barnhart & Shipley

The Risks of Slip and Fall Accidents in Florida: What Property Owners Need to Know

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

Weber Gallagher Simpson Stapleton Fires &...

Safety First: Business Practices that Pay Off When There Is an Accident

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

Ruder Ware

Know Event, Tourism Rules

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Just as things were returning to normal after this past year, a resurgence of COVID-19 cases put a pause on the much-anticipated full return to pre-pandemic life.  But Wisconsin shows no signs of reverting to the “stay at...more

J.S. Held

Premises Liability & The Building Codes: The Role of Codes in Making Premises Safe

J.S. Held on

According to the Federal Emergency Management Agency (FEMA), “Building codes protect you from a wide range of hazards—whether it is by implementing safe wiring, fire prevention, or stronger structural integrity. When a...more

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