News & Analysis as of

Immunity Bodily Injury

Tonkon Torp LLP

Landowner Immunity on Oregon Trails Now Permanent

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On May 28, 2025, Governor Kotek signed SB 179 into law, to be effective January 1, 2026. SB 179 makes permanent the temporary changes made to the Oregon recreational immunity law by SB 1576 in 2024, set to sunset on January...more

Snell & Wilmer

New Mexico Tribal Courts Have Jurisdiction Over Casino Patron Tort Claims

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In a recent decision, the New Mexico Supreme Court ruled in the case of Sipp v. Buffalo Thunder Inc. that state courts do not have the authority to adjudicate tort claims filed by casino visitors. The unanimous decision...more

ArentFox Schiff

Don’t Walk Under That Mistletoe: Limited Liability for Agritourism Destinations

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‘Tis the season for many Americans to head out to a local Christmas tree farm. But what if in the course of picking out the perfect tree, someone twists their ankle out in the fields, a tree being felled falls on a caroler,...more

Kennedys

New Jersey’s Appellate Division reaffirmed the protections afforded by the Charitable Immunity Act where plaintiff could not prove...

Kennedys on

On December 29, 2021, the New Jersey Appellate Division in Bass v. House of Prayer Cogic of Orange, Docket A-1284-20, __ N.J. Super. __ ( App. Div. December 29, 2021), issued an opinion reinforcing the protections afforded to...more

Miles & Stockbridge P.C.

Maryland Teachers Not Negligent for Student Misbehavior

The Maryland Court of Special Appeals held on September 7, 2021 that Maryland public school teachers cannot be held liable in negligence for the injuries of students under their supervision at the hands of other misbehaving...more

Clark Hill PLC

A New Kind of Covid Immunity: Here’s What You Need To Know About Arizona’s New Law Protecting Businesses From Covid Lawsuits

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Over the past year, the big story has been the search for vaccines to protect people from Covid-19. You can’t vaccinate a business, but Arizona businesses are now protected from liability related to Covid-19. ...more

Williams Mullen

Lawsuit “Immunity” for Firearms Industry Members? What the Protection of Lawful Commerce in Arms Act Really Says

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Do gun manufacturers really have blanket immunity from lawsuits? No, not even close....more

Husch Blackwell LLP

50-State Update On COVID-19 Business Liability Protections

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A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more

Tucker Arensberg, P.C.

A Missed Opportunity for Immunity

Tucker Arensberg, P.C. on

The new pandemic aid legislation was eight months in the making, includes 5,600 pages, and $2.3 trillion in aid and spending. With national unemployment at a record high, and moratoriums on evictions, and utility shutoff...more

Payne & Fears

Nevada Businesses Protected from Civil Liability for COVID-19: What Companies Need to Know

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Using a carrot-and-stick approach, Nevada’s new law limits civil liability for personal injury or death resulting from COVID-19 for most businesses in exchange for compliance with controlling COVID-19 health standards....more

Holland & Knight LLP

FAA Reauthorization Act Confirms Pre-emptive Effect of Statute Protecting Aircraft Lessors

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The FAA Reauthorization Act of 2018, enacted on Oct. 5, 2018, has clarified and confirmed the pre-emptive effect of the federal statute intended to shield from liability owners, lessors and secured parties not in operational...more

Best Best & Krieger LLP

Trail Immunity Does Not Shield from Liability Simply Because an Injury Occurs on a Trail - Appellate Court Ruling Means Less...

A tree branch fell off of a eucalyptus tree and struck a woman while she was walking through Mission Bay Park in San Diego. She filed suit against the City of San Diego, alleging the City negligently maintained the eucalyptus...more

Best Best & Krieger LLP

Trail Immunity Not a Given for Public Agencies When Injuries Caused by Adjacent Property

Of the many immunities available under the California Government Code, “trail immunity” under section 831.4 has long shielded public entities from liability when injuries are suffered by those using public property for...more

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