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Tag Archives: Premises Liability

Tort/Negligence – Premises Liability – Apartment Complex Fence – Neighbor’s Pond – No Duty (access required)

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.

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Tort/Negligence – Personal Injury – Premises Liability – Ski Area Operator – No Hidden Dangers – Off-Duty Employee (access required)

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.

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Tort/Negligence – Premises Liability – Schools & School Boards — Summary Judgment (access required)

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.

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Tort/Negligence – Landlord/Tenant – Inter-Tenant Dispute & Attack – Foreseeablity – Failure to Screen or Evict — Premises Liability (access required)

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.

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Practical Litigator: Holding Bates Motel and its sort liable for on-site crimes

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.

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