Sentences with phrase «premises liability theory»

Buckler and Nagy sued the Copper Penny on a premises liability theory, alleging that the bar lacked proper security.
First, she argued it was a mistake for the lower court to grant summary judgment on her premises liability theory, since a gun was brought to a place where guests were imbibing alcohol.
Earlier this month, an appellate court determined that a woman who injured herself while on a government - owned playground was not entitled to compensation under a premises liability theory.
The plaintiff sued the church under a premises liability theory.
The court also surveyed other jurisdictions across the United States, noting that the states are split on whether to apply the fireman's rule to cases other than those brought under a premises liability theory.

Not exact matches

This particular case occurred in New York, but the same basic legal theory of premises liability applies.
When this duty is not met and injuries occur, the owner may be held financially responsible under the legal theory of premises liability.
A Florida personal injury that occurs on someone else's property can in some circumstances be compensated under the legal theory of premises liability.
However, Florida Statute 768.0755 is not the only Florida law that applies to slip and fall injuries in Florida hotels and resorts, (like slip and fall injuries in showers, tubs, pools, hot tubs, lobbies, etc.), Florida common law created by Florida court cases -LRB-» precedent») also applies under the theory of premises liability.
Common legal theories under which asbestos victims may recover compensation include product liability, workers» compensation, and premises liability.
Whether under the theory of negligence or premise liability, we can explore your case and bring those accountable to justice and hopefully prevent future harms.
She filed a lawsuit against Target based on a theory of premises liability on Feb. 11, 2015.
They claimed that he could respond with premises liability or negligent activity and that even though his petition didn't specify his precise theory of negligence, the issue was solely a premises liability dispute.
Premises liability is a legal theory that states that property owners — or managers, operators, or tenants — may be responsible for ensuring the safety of their guests.
Turner's parents filed a wrongful death lawsuit against Turner, Caltrans and Petersen Enterprises LLC, the parent company of Geoffrey's Malibu under theories of negligence and premises liability.
Importantly, the plaintiff's claim was not based on a theory of premises liability and did not allege any defect or hazard in the home.
We know how to evaluate and investigate recreational injuries under legal theories of premises liability, negligent supervision, product liability or other causes.
Premise liability claims are generally brought under a negligence theory.
This page explains some of the theories in the types of Massachusetts premises liability cases which Breakstone, White & Gluck, PC handles.
Earlier this month, a federal appellate court issued a written opinion in a personal injury case discussing the theory of premises liability as it pertained to a case involving a child who was seriously injured when a metal stanchion fell atop his finger.
The attorneys at Breakstone, White & Gluck have decades of experience handling dog bite and animal attacks, not just against the owners of the animals, but also against negligent property owners under theories of premises liability.
This is significant because then you can become liable for injuries to kids and adults on your property under the legal theory of premises liability.
She sued the defendant under theories of negligent activity and premises liability.
The suit seems to rely in part on the legal theory of premises liability, in which the owner or manager of real property has a duty to maintain reasonably safe premises for guests, and to warn guests of known hazards.
The legal theory of premises liability holds property owners liable for any accident or injury which occurs on the property.
Premises liability is based on the legal theory of negligence: Breach of the hotel's duty constitutes negligence.
Innocent tenants, guests, customers, and clients are frequently harmed due to building code violations, and they very well may be able to recover damages under a theory of premises liability.
Most deck, porch, and railing collapse cases involve legal theories of negligence, premises liability, product liability, and construction law.
In order to be liable under the theory of Premises Liability, the owner of land (or occupier, as the case may be) must have notice of the dangerous condition.
Legal theory of premises liability holds occupiers and property operators responsible and liable for accidents that occur on their property.
2d 651)-- remedies provision of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part of the buyer and relieves the seller of any potential liability for defects that arise in regard to the part of the premises covered by the question; any information disclosed during the sale of the property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories
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