Hartkop said the opinion could be helpful "simply to point out and clarify general negligence claims from those truly sounding in
premises liability" and it "demonstrates an adherence to well-settled case law and adds one more source of guidance to those trying to frame issues for future cases."
"If the Holden decision is upheld, claims that would otherwise fail due to the transitory water doctrine will no longer be dismissed at the summary judgment stage, resulting in an increase in the number of trials in
premises liability cases," she said.
(23) Yet, there is no conflict between Admiral's Port and those decisions, which recognize merely that
premises liability may emerge based on either the suspicious behavior of the criminal in question or prior criminal activity.
So, while the ordinary
premises liability exposures can present few problems for an insured school or college, what if the injury is due to an out-of-the-ordinary event?
out of 54), and 82% of
premises liability cases (14 out of 17) listed
Premises liability includes a duty of reasonable care to all entrants and has its roots in the latter half of the twentieth century when most jurisdictions abandoned the tripartite system of apportioning liability to entrants based on their relationship to the landowner.
This decision arises out of common and always-perplexing problem in
premises liability cases: whether a tenant's insurance provides coverage to the landlord, as an additional insured, when an accident occurs in a common area of the building that is used by the tenant.
Managers must also arrange for insurance coverage to adequately protect them against liability and legal fees incurred while defending against
premises liability cases.
The Motor Vehicle Collision, Highway, and
Premises Liability Section and the Cochran Firm will host a "Bring Your Own Files" discussion forum and luncheon in Miami during the Winter Convention.
However, all businesses, including mines, need to be aware of the second theory,
premises liability.
Keeping up its pace of launching a new title practically every month this year, Lexis-Nexis-Mealey's this month began publication of Mealey's Litigation Report:
Premises Liability.
When the claim was for physical or sexual abuse, the plaintiff recovery rate was 74%--54% for
premises liability, 55% for business/employer negligence, 60% for negligent supervision and 60% for treatment negligence.
