A woman who broke her ankle as she scrambled to get out of the way of an inflatable movie screen that began falling toward her and her children has confidentially settled a lawsuit with the owner of the park where ...

Tagged with: Premises Liability

  A construction worker who injured his knee after jumping a fence to escape an aggressive German shepherd has won a $325,000 jury verdict in Mecklenburg County. Edgar Plascencia-Ortiz and his coworkers were putting siding on the second floor deck ...

Tagged with: Premises Liability

Leonard v. Transylvania County Department of Social Services (Lawyers Weekly No. 15-16-0626, 16 pp.) (Linda McGee, C.J.) Appealed from Transylvania County Superior Court (Marvin Pope Jr., J.) N.C. App. Unpub. Holding: Even if the defendant-homeowners had a duty to control ...

Tagged with: Involuntary Manslaughter Premises Liability

Lampkin v. Housing Management Resources, Inc. There was a hole in the fence surrounding an apartment complex’s playground. A resident’s child went through the hole to a frozen pond on neighboring property, fell through the ice, and was injured. The apartment complex is not liable for an injury the child sustained on someone else’s property.

Tagged with: Premises Liability Tort/Negligence

Haltiwanger v. Phoenix Ski Corp. A volunteer ski patroller testified that the ski run on which plaintiff was injured contains a “dip” that levels off and that skiers rest there. Since variations in terrain are common on ski slopes, and since skiers are statutorily required to be aware of these variations when skiing, the witness’ deposition testimony fails to establish that the “dip” constituted a hidden or dangerous condition.

Tagged with: personal injury Premises Liability Tort/Negligence

Davis v. Cumberland County Board of Education Because the plaintiff-guardian only presented evidence of the child’s fall and his injuries and did not present any admissible evidence that a reasonable school board would have, under the circumstances, done anything differently than the defendant-board did, summary judgment was properly granted to the board.

Tagged with: Premises Liability Schools & School Boards summary judgment Tort/Negligence

Davenport v. D.M. Rental Properties, Inc. Although a landowner has a duty to exercise reasonable care to protect tenants from foreseeable third-party criminal acts, we have never extended that duty to include the duty to evict a tenant. In any event, the attack by one tenant on another in this case was not foreseeable, given the previously cordial nature of their relationship.

Tagged with: Landlord/Tenant Premises Liability Tort/Negligence

Taylor v. Sandbank (Lawyers Weekly No. 11-16-0366, 12 pp.) (Ann Marie Calabria, J.) Appealed from Guilford County Superior Court. (Edwin G. Wilson Jr., J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The plaintiff-exterminator said ...

Tagged with: Guilford County Premises Liability Tort/Negligence

Showering in a strange motel room hasn't been the same since Norman Bates called on Janet Leigh one evening in 1960. Nothing makes a weary traveler think nice hot shower like the thought of a knife-wielding mollycoddle prowling the premises. Wearing a wig no less! Sweet dreams? Down the drain, like so much spiraling gore. While no comprehensive studies have quantified the recent data, anecdotal evidence suggests that the frequency and magnitude of hotel crimes are exploding. "We're absolutely seeing an increase in crime at hotels," says Philip Farina, a security consultant in San Antonio.

Tagged with: Foreseeability Hotel Premises Liability Tort-Negligence

By MARK McGRATH, Special to Lawyers Weekly [email protected]   Somewhere in the dark recesses of our memories, most of us can recall a measure of what we learned during our first year of law school. Ah, how fondly I recall ...

Tagged with: Premises Liability third-party Workers Compensation