News & Analysis as of

Duty of Care Premises Liability Negligence

Tyson & Mendes LLP

Arizona Business Owners Owe a Duty of Reasonable Safety to Invitees, Unreasonably Dangerous Condition or Not

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The Arizona Supreme Court in a recent opinion held store owners owe a duty to business invitees regardless of whether there was a dangerous condition. In determining whether a duty was owed to a plaintiff business invitee,...more

Lewitt Hackman

Franchisor 101: Something in the Water

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A Mississippi federal court granted summary judgment in favor of Leisure Systems, Inc. (“LSI”), a franchisor of Yogi Bear themed children’s parks and campgrounds, on negligence and premises liability claims. The case was...more

Lathrop GPM

Franchisor Not Liable for Alleged Customer Injuries at Franchised Water Park

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A federal court in Mississippi granted summary judgment in favor of a franchisor on negligence claims that arose after eleven children allegedly contracted E. coli in a franchised water park’s pool. Neely v. Great Escapes...more

Maison Law

A Guide to California Premises Liability Laws

Maison Law on

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

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

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

Fisher Phillips

California Court Ruling Opens Door to COVID-19 Claims by Non-Employees Catching Virus from Workers

Fisher Phillips on

A common question posed during the pandemic has been whether employers can face liability for COVID-19 infections originating in the workplace. As to employees who contract COVID-19, the answer has been that an employee’s...more

Morris James LLP

Slip and Fall FAQs - January 2022

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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

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

Morris James LLP

Slip and Fall FAQs

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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

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

Rumberger | Kirk on

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

Gray Reed on

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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 28, 2020

Carlton Fields on

Real Property Update - Forum Selection / Equitable Tolling of Statute of Limitations: Equitable tolling was inapplicable where FDIC failed to raise running of statute of limitations in defense of federal court's dismissal...more

Maynard Nexsen

Premises Liability: A Refresher

Maynard Nexsen on

South Carolina’s law of negligence is basic: a plaintiff must demonstrate a defendant owed a duty of care, that defendant breached that duty and plaintiff suffered an injury proximately resulting from defendant’s breach. A...more

Jackson Walker

Tex. Sup. Court Clarifies the Duties of a Non-Subscribing Employer in the Face of Known Dangers

Jackson Walker on

Late last week, the Texas Supreme Court clarified duties of employers for premises defects and declared that they have multiple duties to invitees/employees who come onto their property facing known dangerous conditions. ...more

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