We defended a jury verdict against challenges in two consolidated appeals, successfully arguing that our client did not obstruct or
create dangerous conditions on a roadway adjacent to our client's railroad tracks.
Here, the plaintiffs presented some evidence that the step down
created a dangerous condition.
It may not seem fair, but in Florida the victim has the burden to prove that the rain
created a dangerous condition that led to the victim's slip and fall and the business didn't have the floor mat there even though it knew that it should.
In short, the crack can not be de minimis, or so small that it shouldn't
create a dangerous condition and as such, a municipality does not have a duty to repair the crack.
The second question to ask yourself is whether the property owner or someone they employed
created the dangerous condition.
If an accident is caused on property that is dangerous because it is not properly maintained, whoever owns the property can be held liable for said injuries, even if they did not
create the dangerous condition
This type of poor road construction
creates dangerous conditions for unsuspecting drivers.
Whether the government or a government actor has
created a dangerous condition on a public highway or street, has violated your civil liberties, or has otherwise caused harm to you as a result of negligent or reckless conduct, we know how to make the government accountable where the law requires it.
Business owner defenses can include that the defendant exercised reasonable care, that the property owner was unaware of the risk, that the danger was open and obvious, that the plaintiff failed to exercise reasonable care, or that the defendant did not cause the condition and took reasonable care to avoid
creating dangerous conditions.
Additionally, the plaintiff did not show an employee
created the dangerous condition or that the defendant had actual or constructive notice of a dangerous condition.
If such a person
creates a dangerous condition near a public space, may the -LSB-...]
Not exact matches
This can be
dangerous and
create an uncomfortable sleeping
condition.
If we don't have this three - step approach in place (registry, psychiatric evaluation and banning them from ever owning an animal) then these individuals will just keep on hoarding,
creating dangerous health
conditions in these neighborhoods and leading to animal cruelty, abuse and neglect.»
He notes that winter weather often
creates dangerous driving
conditions, especially along the elevated section of the Skyway.
It has been raining just about everywhere across the Capital Region, Catskills and Hudson and Mohawk Valleys,
creating dangerous and even deadly
conditions in some places.
«What we need to do is get a commitment for a more robust approach by the governments of Guatemala, Honduras and El Salvador to
create the
conditions of stability and security so that no parent has to say to a child it is so
dangerous here you may be safer crossing a desert and being put in an industrial warehouse where there's a Superfund site,» Israel said.
He says in 1999, the prisons were severely overcrowded and many were double bunked,
creating potentially
dangerous conditions.
He says in 1999, the prisons were severely overcrowded and many prisoners were double bunked,
creating potentially
dangerous conditions.
Icy roads
create dangerous driving
conditions which lead to a quick and unforeseeable death of one of the first characters introduced.
The carriages also
create congestion and
dangerous traffic
conditions.
And so the hot waters continued to pump both heat and moisture into the air around and over Japan, spiking wet bulb readings and
creating a
dangerous situation for residents not at all used to these abnormal
conditions.
Those fires all release carbon dioxide into the atmosphere,
creating a
dangerous feedback loop of increasing temperatures and worsening wildfire
conditions.
Large enough blooms can rob the ocean of oxygen, produce harmful toxins, result in large fish kills, and in the end
create dangerous bottom
conditions favoring microbial hydrogen sulfide production.
Drought and extreme heat dried vegetation and peat bogs,
creating dangerous fire
conditions.
Perhaps most important, we can slow down the
dangerous amplification that is
created when forest fires and melting permafrost emit more and more carbon, leading to hotter
conditions, which favor more fires and melting permafrost, and so on in a loop that locks in more severe changing climate.
«It shall be unlawful for any owner of personal property to fail or refuse to comply with the orders of the manager of housing and code enforcement to remove from the premises abandoned vehicles, appliances, vehicle parts and / or any other piece or pieces of personal property if such personal property is
dangerous to the public health, safety or welfare; or
creates an unsightly
condition upon such property tending to reduce the value thereof; or is a nuisance; or invites plundering; or promotes urban blight and deterioration in the community; or
creates a fire hazard; or violates the zoning regulations of the city.»
Many of these falls and the injuries they cause are the result of a property owner's negligence when they
create or allow a
dangerous condition to exist.
It is not necessary to prove that the landowner knew or should have known of the
dangerous condition if there is evidence that the
dangerous condition was
created by the landowner, its agents (employees) or their activities.
The record contains sufficient evidence of a
dangerous condition to
create genuine issues as to material facts regarding both whether a
dangerous condition existed and whether Wal - Mart had constructive notice of the
dangerous condition.
The plaintiff filed a premises liability lawsuit against the city, claiming that the lack of lighting combined with the
condition of the vertical poles
created a
dangerous hazard.
Also, highways are sometimes under construction and maintenance, which can
create dangerous roadway
conditions.
Negligence can be shown if the injuries were caused by a
dangerous condition on the property that the landowner
created, knew about, or should have known about in the exercise of reasonable care and inspection.
Your job should not be more
dangerous because of a
condition or circumstance some other person or company has
created.
Large freight cars, locomotive engines, heavy machinery,
dangerous obstacles, and sometimes, grueling
conditions create a number of significant hazards for those who make their living on the railroads.
Certain
conditions can
create a
dangerous rollover accident, and SUVs have been determined to be the most likely to roll over of any vehicle, with trucks a close second.
Using reasonable care when remedying a
dangerous condition, so as to not
create another safety threat; and,
As a licensee, your friend had a duty to warn you of
dangerous conditions that
create an unreasonable risk of harm if the
conditions were known to the friend, but not likely to be discovered by you.
A property owner or occupier has a duty to warn licensees of
dangerous conditions on the property that
create an unreasonable risk of harm if the property owner or occupier knows about the
condition and it is not likely to be discovered by the licensee.
That is why it is especially heinous when the nursing home
creates conditions which are
dangerous and / or degrading to your loved one.
Adverse weather such as rain, snow, wind, or fog can
create dangerous driving
conditions.
Medical
conditions along with
dangerous occupations and sports can
create a need for high risk life insurance.
Working around medical
conditions, hazardous sports or having a
dangerous occupation will
create more obstacles in the road which will make your quest for the...
Spring weather can be extremely unpredictable and
create some
dangerous driving
conditions.