News & Analysis as of

Land Owners Negligence

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

Stormwater Diversion/Alleged Land Alteration: Adjacent Landowner Files Pulaski County, Arkansas, Circuit Court Action Against...

Two individuals filed individually and as Trustees of a Joint Revocable Trust (collectively, “Plaintiffs”) a Verified Complaint in the Circuit Court of Pulaski County, Arkansas, on February 23rd against Billy Stain...more

Gray Reed

Landowners Vanquished by the Discovery Rule

Gray Reed on

Is it worth spending extra dollars, days, and windshield time to discover what mischief your oil and gas operator might be making on your property? The landowner-plaintiffs in Mustafa v. Americo Energy would certainly say so....more

Goldberg Segalla

Summary Judgment Granted as Premises Owner Did Not Owe a Duty to Independent Contractor’s Employee

Goldberg Segalla on

U.S. District Court for the Western District of Pennsylvania, February 15, 2022 - In this asbestos action, Carl Gay alleged that he developed mesothelioma after a forty-year career. From 1974 until 1976, Gay worked as a...more

Law School Toolbox

Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! In today's episode, we talk about the special duties landowners and land possessors owe to people who enter their land, as well as the duties landlords owe to their tenants....more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! In today's episode, we talk about the special duties landowners and land possessors owe to people who enter their land, as well as the duties landlords owe to their tenants. Both...more

American Conference Institute (ACI)

[Virtual Event] Contaminated Sites Liability & Litigation Risk - April 22nd, 8:30 am - 5:30 pm EDT

The Canadian Institute’s advanced conference on Contaminated Sites Liability & Litigation Risk takes a deep dive into the most critical challenges affecting land developers, real estate and legal professionals, and...more

Adler Pollock & Sheehan P.C.

Landowners And Businesses Beware: Under Newly Amended Rhode Island Law, A Legal Duty Of Care Now Extends To Those Exposed To Open...

Rhode Island landowners and businesses should be on notice that, over the summer (on July 15, 2019), the Rhode Island General Assembly amended the comparative negligence statute in this State, the effect of which offers...more

Maynard Nexsen

Premises Liability: Comparative Negligence Is Not a Defense in Child Trespasser Case

Maynard Nexsen on

In a premises liability action, the duty a landowner owes depends on the status assigned to the person upon the property. Generally, South Carolina acknowledges four categories; trespassers, invitees, licensees and children....more

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

Common-Law Contamination Action/Oil and Gas Production: Was Landowner Required to Exhaust Administrative Remedies Before...

The United States District Court (Mississippi-Western Division) (“Court”) issued a February 16th Memorandum Opinion and Order (“Opinion”) addressing whether a landowner’s common-law contamination claim related to oil and gas...more

Beveridge & Diamond PC

Federal Court Allows Expert Testimony on Health Risks Despite Lack of Personal Injury Claims

Underscoring the importance of expert testimony regarding health risks in toxic tort cases involving potential exposure issues, a Mississippi federal judge allowed expert testimony on health risks posed by alleged...more

Maynard Nexsen

SC Court of Appeals Rules Not Every Government Action is a Taking - Landowners may still recover damages

Maynard Nexsen on

The South Carolina Court of Appeals recently considered the appeal of Claude Graham and Vickie Graham against the Town of Latta, South Carolina, in the case of Graham v. Town of Latta, 789 S.E.2d 71 (S.C.Ct.App. 2016). The...more

Lowndes

Homeowners' Associations Could Face Liability for Bear Attacks

Lowndes on

It is sometimes said that law is what separates humans from wild animals. While humans have been developing laws since the Code of Hammurabi, they have also been developing land, so much so that both commercial and...more

Carlton Fields

Managing Risk: Liability For The Criminal Acts Of Others

Carlton Fields on

There is an ever-present possibility that a land owner may be held liable in damages for the injuries and consequences of criminal acts of strangers. ...more

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