News & Analysis as of

Property Owners Negligence

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Common Law Action: Maryland Appellate Court Addresses Negligence/Nuisance Claims

The Appellate Court of Maryland (“App. Ct.”) addressed in a June 27th Opinion issues arising out of alleged mold exposure. See Candace McCarthy v. Board of Commissioners for Frederick County, Maryland, 2025 WL 1778818....more

Marshall Dennehey

All Bark and All Bite

Marshall Dennehey on

Key Points: In New York, if the owner of an animal knew or should have known the animal had vicious propensities, a plaintiff may seek to hold the owner strictly liable....more

Searcy Denney Scarola Barnhart & Shipley

Should You File a Slip and Fall Claim? Here’s What You Need to Know

If you were injured in a slip and fall accident, should you file a claim? Injuries from slip and fall accidents can be incredibly expensive, so it is important to make an informed decision about asserting your legal rights....more

Cranfill Sumner LLP

Slip, Trip, Splash: Summer Hazards on Commercial Property

Cranfill Sumner LLP on

Summer brings sunshine, sandals—and a spike in slip-and-fall accidents. As crowds flock to pools, amusement parks, outdoor malls, and restaurants with patios, property owners and businesses need to stay vigilant....more

JUSTICENTER

What Happens If I Get Hurt at Sherman Oaks Castle Park?

JUSTICENTER on

Sherman Oaks Castle Park is a popular spot in Encino for mini golf, arcade games, and batting cages. While it’s a family-friendly destination, accidents can and do happen. After an injury, victims may not understand all of...more

McGinnis Lochridge

Drowning in Liability: Court Extends "Waste" Rule to SWD Operator; but preserves RPO defense

McGinnis Lochridge on

In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while...more

Arnall Golden Gregory LLP

Georgia’s Tort Reform Law (SB 68) Grants Significant New Protections to Property Owners From Runaway Premises Liability Claims

After two consecutive years ranking as the number one “judicial hellhole” in the country — followed by only a slight improvement to number four — Georgia’s General Assembly, with the leadership of Governor Kemp, passed...more

Segal McCambridge

Going to the Dogs: New York Court of Appeals Opens Door to Animal Negligence Claims

Segal McCambridge on

New York’s Court of Appeals has overturned decades-old precedent and permitted victims of animal-related injuries to recover damages against an animal’s owner. An injured person can now pursue claims against an animal’s owner...more

Chambliss, Bahner & Stophel, P.C.

Understanding Georgia’s 2025 Tort Reform: Key Legal Changes for Civil Lawsuits

If you’re a property or business owner in Georgia, a new tort reform bill, signed into law by Gov. Brian Kemp on April 21, 2025, may affect you. It impacts how current and future civil tort lawsuits are handled in Georgia....more

Conn Kavanaugh

Will Your Homeowners Insurance Policy Provide Coverage for Everything That Could Go Wrong this Summer?

Conn Kavanaugh on

Memorial Day is approaching and, with it, the unofficial start of summer. Many minds turn to thoughts of cookouts, inviting friends over to swim in backyard pools, and evenings spent playing basketball games on driveways....more

Goldberg Segalla

The Expansion of Dog Owner Liability in New York

Goldberg Segalla on

In a landmark decision likely to have wide-ranging implications for premises liability claims and insurance defense litigation, the New York Court of Appeals, the state’s highest court, has upended decades of precedent in its...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Sanitary Sewer Overflow/Alleged Damages: Circuit Court of Carrol County, Arkansas Complaint Filed Against Eureka Springs

James McEvoy (“McEvoy”) filed an April 2nd Complaint in the Circuit Court of Carroll County, Arkansas against Eureka Springs, Arkansas alleging damages due to a sanitary sewer overflow (“SSO”). See Case No. 08WCV-25-39....more

Maison Law

Proving Negligence After a Slip and Fall in California

Maison Law on

Slip and fall incidents are among the most common types of accidents in California and elsewhere. In public spaces like businesses, nearly nine out of ten high-risk areas have no safety measures in place. If you've suffered...more

White and Williams LLP

California Clarifies Basis for Inverse Condemnation Claims

Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available....more

Stark & Stark

Understanding Slip and Fall Accidents in New Jersey: What You Need to Know

Stark & Stark on

As a New Jersey personal injury lawyer, I understand the devastating impact a slip and fall accident can have on your life. Whether it’s a fall in a store, a slippery sidewalk, or even a poorly maintained stairway, these...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Leased Residence: Lessee Files Circuit Court of Washington County Complaint Alleging Certain Causes of Action

Stacy Harper (“Harper”) and her minor daughter (“T.T.”) filed a December 23rd Complaint in the Circuit Court of Washington County, Arkansas incorporating the following causes of action due to the alleged presence of mold in a...more

McGlinchey Stafford

Court Clarifies HOA Responsibilities in Tenant vs. Tenant Conflicts

McGlinchey Stafford on

Often, in litigation between an owner and their homeowners association (HOA), there is a question regarding the nature and the extent of the duty owed by the HOA to an owner (or even to a tenant of an owner). The answer to...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

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Intrusion/Mold: Home Buyer Files Action Alleging Breach of Warranty in Circuit Court of Washington County, Arkansas

Aaron and Michelle Lewis (“Lewis”) filed a Complaint in the Circuit Court of Washington County, Arkansas against Rouse-Walker Properties, Inc. d/b/a Cobble Stone Homes (“Rouse”) alleging Breach of Warranty for a house they...more

Maison Law

Liability in Vacation Rental Injuries in California

Maison Law on

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

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

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

Renewing a Faulty Insurance Policy Does Not Extend the Statute of Limitations.

Marshall Dennehey on

Lewicki v. Grange Ins. Co., 8th Dist. Cuyahoga No. 112705, 2023-Ohio-4544 - The Eighth District Court of Appeals dismissed this complaint that alleged negligence and bad faith against an insurer and an agent after a...more

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