News & Analysis as of

Negligence Duty of Care

Maison Law

California School Bus Accidents: Special Rules and Enhanced Liability

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If you are involved in a motor vehicle accident while driving in California, you may be entitled to compensation and other forms of relief. However, special rules may apply if the accident involved a school bus. In such a...more

Freeman Law

Public Trust on the Road – A Life Reality that All Should Consider

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In a recent vehicular negligence opinion from the Texas Supreme Court, the Court addressed legal issues of proximate cause and substantial factor-to-injury in a situation where a vehicle, while driving in icy conditions,...more

Marshall Dennehey

Hospital Owed Duty of Care Through Pre-Transfer Involvement, Pennsylvania Court Affirms

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Munoz v. Children’s Hosp. of Philadelphia, No. 1388 EDA 2024, 2025 WL 1504354 (Pa. Super. Ct. May 27, 2025) - The Superior Court of Pennsylvania affirmed the judgment entered by the Court of Common Pleas of Philadelphia...more

Bennett Jones LLP

Court of Appeal Certifies Negligence Claim Against Gun Manufacturer for Mass Shooting

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The Court of Appeal for Ontario has certified a class action against the manufacturer of a stolen handgun used to carry out the 2018 mass shooting on Danforth Avenue in Toronto, reversing in part the motion judge’s decision...more

ArentFox Schiff

Ninth Circuit Seeks New York Court of Appeals’ Guidance on Auto Manufacturer Liability for Vehicle Theft

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A recent order from the Ninth Circuit Court of Appeals has brought a somewhat novel legal question to the forefront: Do automobile manufacturers owe municipalities a duty of reasonable care in designing, manufacturing, and...more

American Conference Institute (ACI)

[Event] Fraud, Asset Tracing & Recovery - September 29th - 30th, Miami Beach, FL

For over a decade, ACI & C5’s Fraud, Asset Tracing & Recovery Miami has brought together an international community of top fraud litigators, asset recovery specialists, insolvency experts, in-house counsel, litigation...more

Marshall Dennehey

Getting the Gist: The Evolution and Application of Pennsylvania’s Gist of the Action Doctrine in Legal Malpractice Actions

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Key Points: While legal malpractice actions can be brought as a negligence or contract claim, the gist of the action doctrine serves to limit those instances....more

Lewitt Hackman

Franchisor 101: Duty of Care

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The Texas Supreme Court reversed a lower court’s decision against a franchisor based on a theory of negligence after a customer was assaulted by an employee of the franchisee. The court concluded that franchisor did not owe a...more

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

Lathrop GPM

Supreme Court of Texas Holds Franchisor Lacked Control Over Franchisee Sufficient to Create Duty of Care to Customer that Alleged...

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The Supreme Court of Texas recently ruled that franchisor Massage Heights did not owe a duty of care to a massage customer who alleged a sexual assault, because, among other reasons, Massage Heights had neither the...more

DarrowEverett LLP

Fiduciary Duties and Remedies in Florida LLCs: What Members Need to Know

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Disputes among members of a limited liability company (LLC) are inevitable. Unlike casual disagreements with friends or roommates, conflicts within an LLC can have legal and financial consequences. Recognizing this reality,...more

Hanson Bridgett

Taking Responsibility: Who’s At Fault? Lorenzo Court Says Everyone

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A recent court ruling raises questions and concerns over the scope of liability owners and contractors may face when a subcontractor's employee is involved in an off-site accident during the course of construction. ...more

Mandelbaum Barrett PC

Can a Pedestrian Ever Be Held Liable in a Pedestrian Accident Case?

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When an accident involves a pedestrian, it’s easy to assume the driver or other party caused the crash and resulting injuries. However, that’s not always the case. A pedestrian may be responsible for an accident if they fail...more

Charles E. Rounds, Jr. - Suffolk University...

Individual Trustee Delegates to Financial Institution the Job of Taking Custody and Keeping Track of Income and Principal: The...

While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious clerical monitoring on the...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

Davis Wright Tremaine LLP

Uncharted Territory: Are Geotechnical Inspectors Liable to Non-Contracting Parties – Including Property Owners?

Historically in California, professional negligence cases were limited to parties who had contracted with each other. The theory was that if a professional didn't have a contract with the plaintiff, then the professional did...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

Hogan Lovells

Proving causation of loss is key in professional negligence claims

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Duty, breach and damage are the three essential elements of a claim in contract or tort. Demonstrating breach of a duty is insufficient on its own to found liability. A claimant must demonstrate that the breach is the cause...more

Maison Law

A Guide to California Premises Liability Laws

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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

Proskauer - Law and the Workplace

New York Clean Slate Act Takes Effect on November 16, 2024, With New Obligations for Employers Running Criminal Background Checks

On November 16, 2024, the New York Clean Slate Act (the “Act”) will take effect.  The Act provides for the automatic sealing of certain criminal convictions after a specified time period.  It will also require greater...more

Maison Law

Worker's Comp Versus Personal Injury in California

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According to the United States Bureau of Labor Statistics, a reported 419,000 private-sector employees in California sustained workplace injuries and illnesses in 2022. Workplace incidents in the state claimed 508 employees'...more

Stark & Stark

Workplace Liability When a Third Party is Negligent

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When an individual suffers a work-related injury in the State of New Jersey, their employer (if the employer is self-insured), or the employer’s workers’ compensation insurance carrier is legally obligated to provide three...more

Proskauer Rose LLP

Three Point Shot - June 2024

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A Céspedes for the Rest of Us! Ex-New York Met Has Himself a Day, Winning a Critical Preliminary Injunction, as Chandler Bats Founder Finds Himself in a Pickle - The companies of ex-MLB player Yoenis Céspedes—La Potencia,...more

Butler Weihmuller Katz Craig LLP

New Jersey Supreme Court Doesn’t Show a Whole Lot-ta Love for Commercial Property Owners

Insurers of commercial property owners take note: in a 4-3 decision, the New Jersey Supreme Court significantly expanded sidewalk liability law. Owners of vacant commercial lots in the Garden State now have a duty to maintain...more

Hogan Lovells

Auditors’ liability – English case casts doubt on effectiveness of disclaimers in negligence actions

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A recent English case may cause concern amongst Hong Kong auditors hoping to protect themselves from liability towards third parties by the inclusion of standard disclaimer wording in their engagement agreements. The decision...more

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