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Articles Posted in Premises Liability

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Maryland Court Allows Lead-Based Paint Lawsuit to Proceed on Circumstantial Evidence of Causation

Earlier this month, the Maryland Court of Appeals issued a written decision in a case brought by a woman who claimed that she suffered exposure to lead while living in the defendant’s property over 20 years ago. Since the plaintiff moved out of the defendant’s property, it had been torn…

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Court Determines City Employee Not Personally Immune from Negligence Lawsuit

Earlier this month, the Oregon Supreme Court issued an opinion determining that a city employee is not considered an “owner” of city property and thus, may be held liable for his negligent actions that result in another’s injury. In the case, Johnson v. Gibson, the court’s ruling will permit the…

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Court Holds Slip-and-Fall Plaintiff “Assumed the Risk” of Injury When Visiting Haunted Attraction

Earlier this month in California, an appellate court heard a case brought by a young man who was injured when he tripped and fell after being startled at a haunted attraction. The court ultimately decided that the plaintiff assumed the risk of such an injury by participating in an activity…

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Court Dismisses Plaintiff’s Case Based on Recreational Use Statute

Earlier this month, an appellate court in Vermont decided a case implicating the state’s recreational use statute. In the case, Symonds v. City of Pawtucket, the plaintiff was the mother of a young girl who was injured while she was playing on a playground on city property. The mother filed a…

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Court Opts Not to Apply Medical Malpractice Requirements in Hospital Slip-and-Fall Case

Earlier this month, the Supreme Court of Texas decided a case that illuminated the intersection between two different areas of personal injury law. Ultimately, the court determined that a slip-and-fall accident that occurs at a hospital does not fall within the hospital’s provision of health care and therefore should not…

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Federal Appellate Court Reverses Lower Court’s Evidentiary Ruling, Allowing Plaintiff’s Expert Witness’ Testimony

Earlier this month, the Eleventh Circuit Court of Appeals decided a case that deals with an evidentiary issue common in many personal injury lawsuits:  the admissibility of expert testimony. In the case of Sorrels v. NCL (Bahamas), the plaintiff was a customer on one of NCL’s cruise ships. At some point…

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Maryland Worker Electrocuted While at Work at Correctional Facility

Earlier this month in Westover, Maryland, a contractor who was working on an upgrade to the electrical system at Eastern Correctional Institution was killed when he was electrocuted in a tragic workplace accident. According to one local news report, the man was working with another sub-contractor as a part of…

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Barroom Brawl Leads to 400k Jury Verdict in Plaintiff’s Favor

Earlier this year, the Supreme Court of Rhode Island upheld a jury’s verdict in a premises liability case that stemmed from a bar fight that left one man seriously injured. According to court documents, the fight occurred back in February 2009. Evidently, the plaintiff and another man were involved in…

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Maryland Appellate Court Considers the Cap on Judgments Against Municipalities

Due to a law enacted in the 1980s, Maryland plaintiffs are limited in the amount they are able to recover from municipalities across the state. According to an article by the Washington Post, this has led one woman to challenge the law that kept her from retaining the $11+ million award…

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Construction Accident Victim Settles with Employer for $5 Million

Earlier this month, a construction worker in New York who was injured on the job collected $5 million in compensation after accepting a settlement offered by his former employer and the property owner where the injury occurred. According to one local news report, the accident occurred back in 2008 in Buffalo,…

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