Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
The Risk of Personal Injury Claims from COVID-19 and What to Do About It
Reopening Commercial Buildings: COVID-19 Issues Podcast
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
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
“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
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
Premises liability cases are often hotly contested. The Plaintiff will typically claim that the property owner or manager is entirely responsible for any slip and fall that occurs on their premises. The owner or manager, by...more
With plummeting temperatures, snow-covered sidewalks, parking lots, and driveways across New Jersey have become treacherous, turning a simple walk or routine outing into a difficult—and potentially dangerous—journey. It’s no...more
When you get injured in a slip and fall accident, one of the first things you need to do is find out if you have a case. If you do, you may be entitled to financial compensation, but you may also need to act quickly to...more
When you get injured in a slip and fall accident, one of the first questions you need answered is, “Who do I sue?” Identifying the correct defendant (or possibly defendants) in your slip and fall case is critical, as you need...more
A negligent security claim is a type of premises liability claim. Premises liability laws vary slightly from state to state, but generally categorize visitors to a property into three groups: invitee, licensee, and...more
We enter stores, restaurants, and other public spaces with the expectation that they will be safe. This proves to be correct in the overwhelming majority of circumstances. There are times, however, when the owner or...more
On July 28, 2023, the Supreme Court of Michigan significantly changed the framework of premises liability law in Michigan and the open and obvious doctrine, which mainly found application in slip and fall cases. The decision...more
In Hoffner v Lanctoe, 492 Mich 450, 460-461; 821 NW2d 88 (2012), the Michigan Supreme Court explained that a “possessor of land owes no duty to protect or warn of dangers that are open and obvious because such dangers, by...more
All property owners and possessors should be aware of a new legal framework from the Michigan Supreme Court that changes how premises liability cases are litigated. Michigan courts have long held that premises owners...more
The short answer is “no.” In fact, the very term “automatically” is rarely found when discussing legal duties of any kind. There are conditions that must be met in order to successfully claim that a landlord is legally...more
In a premises liability case, the landowner’s standard of care is determined by the category of entrant. Post v. Lunney, 261 So. 2d 146, 147 (Fla. 1972). See also ARP v. Waterway E. Assoc., Inc., 217 So. 3d 117, 120 (Fla....more
A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner,...more
As winter approaches and the first snow begins to fall, New Jersey property owners will undoubtedly question whether they have a responsibility to remove snow and ice on sidewalks abutting their properties. Luckily, New...more
Northeast winters are becoming increasingly less wintry, however, even the occasional storm, while beautiful, can be dangerous. This can often be a liability producing situation for property owners. Ice and snow are slippery...more
A slip and fall injury, also known as a “slip or trip and fall” injury, is a particular type of personal injury tort, caused by a person slipping (or tripping) and falling on the property of another and, as a result,...more
Slip and fall accidents are among the most common causes of injuries suffered by people of all ages. Too often, store owners and managers have many day-to-day activities to deal with and may not notice dangerous conditions on...more
The simple answer is no, although the two types of claims are similar. If you have suffered an injury, you and your lawyers may have to decide what kind of claim to bring for your damages. The cause of your injuries will...more
COVID-19 has ravaged the economy, with the hospitality industry feeling especially compromised. Fear of community spread of the virus through travel and group events has dramatically reduced occupancy rates across the...more
Reeling from months of governmental orders that required all restaurants to close their doors, Chez Quis was elated to re-open and welcome back its diners, even at a reduced capacity. But elation quickly turned to despair...more
If an individual contracts COVID-19 after visiting a specific property, and the exposure of the COVID-19 is traced to that specific property, who is liable to the individual? Does the liability depend on whether the infected...more
Businesses that re-open to the public could potentially find themselves facing premises liability claims from customers who allege that they contracted COVID-19 on the premises due to the business’s negligence....more