Landowners may have duty to fix ‘open and obvious’ hazards 
Published: May 16, 2013
Tags: landlord-tenant, negligence, premises liability, “open and obvious danger” doctrine
The “open and obvious danger” rule does not apply to preclude a finding of negligence in a premises liability action filed by a tenant who was injured when he unsuccessfully attempted to flip into an inflatable pool from a trampoline, Massachusetts’ highest court has ruled in reversing a defense verdict.
Workers’ comp disclaimer barred personal injury suit
Published: May 2, 2013
Tags: disclaimer, liability waiver, premises liability, slip and fall, workers' compensation
An employee waived her right to sue her employer’s customers for negligence when she signed a workers’ compensation disclaimer at the time she was hired, the Pennsylvania Supreme Court has ruled in affirming a dismissal.
Apartment owner isn’t liable for guest’s drowning
Published: April 24, 2013
Tags: drowning, landlord-tenant, negligence, premises liability, swimming pools, wrongful death
The owner of an apartment complex had no liability for the drowning of a tenant’s guest in a swimming pool, the Mississippi Supreme Court has ruled in affirming a summary judgment.
Tavern may be liable for assault in parking lot
Published: April 11, 2013
Tags: assault, duty of care, negligence, premises liability
A bar may be liable for injuries suffered by a customer in an assault that occurred in the establishment’s parking lot, the Iowa Supreme Court has ruled in reversing a summary judgment.
Transit authority didn’t have heightened duty of care
Published: April 9, 2013
Tags: common carrier doctrine, negligence, premises liability, slip and fall
A New York City transit authority did not have a heightened duty of care to prevent a passenger from slipping and falling while walking in a train station, the New Jersey Appellate Division has ruled in reversing a $7.7 million judgment.
Benchmarks: Court erases NYC commuter’s $7.7M slip-and-fall verdict
By:
Pat Murphy
Published: April 5, 2013
Tags: common carrier doctrine, negligence, premises liability, slip and fall
A New Jersey court on Thursday overturned a $7.7 million award to a commuter who slipped on wet floor mats at a train station outside New York City, rejecting the notion that the regional transit authority had a heightened duty of care.
Benchmarks: Release doesn’t bar drag race spectator’s PI suit
By:
Pat Murphy
Published: April 4, 2013
Tags: negligence, pre-injury release, premises liability
Racetrack operators wouldn’t be in business if they couldn’t effectively shield themselves from liability for injuries to their paying customers.
But one Arkansas dragway just learned that, while a release of liability may come in handy when it comes to an engine block flying into the crowd, it doesn’t necessarily bar suits arising from more mundane sorts of mishaps.
Home caregiver assumed risk of injury
Published: February 1, 2013
Tags: Alzheimer's disease, assumption of the risk, negligence, premises liability
A home caregiver assumed the risk of injuries suffered in an attack by an Alzheimer’s patient, the California Court of Appeal has ruled in affirming a summary judgment.
Benchmarks: Caregiver assumed risk of attack by Alzheimer’s patient
By:
Pat Murphy
Published: January 30, 2013
Tags: Alzheimer's, assumption of risk, assumption of the risk, battery, negligence, premises liability
A California home care worker suffered serious stab wounds in 2008 when an 85-year-old Alzheimer’s patient suddenly turned on her.
This week, a state court ruled that the caregiver assumed the risk of her injuries.
Benchmarks: Is anyone liable for child’s death at abandoned home?
By:
Pat Murphy
Published: January 23, 2013
Tags: duty of care, negligence, premises liability, wrongful death
Is there anyone to sue when a child dies because of an unsafe condition on one of the millions of abandoned properties in the U.S.?
One state court just scratched mortgage holders and homeowners associations off the list of potential targets.
