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Articles Posted in Premises Liability

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Landlord’s Common Law Duty to Alleviate Known Dangers Includes Dangers Posed By Vicious Dogs

The Connecticut Supreme Court has ruled that a landlord may be held liable for injuries caused by vicious dogs owned by its tenant. In Giacalone v. Housing Authority of the Town of Wallingford, No. SC 18669 (Conn. Sept. 18, 2102), plaintiff tenant sued defendant landlord for injuries sustained after plaintiff…

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Tennessee Supreme Court Discusses Federal Preemption and Discretionary Function Immunity Under the GTLA

Rarely have so many resources been spent defending a claim that has a maximum value of $300,000, the cap on damages under the Tennessee Governmental Tort Liability Act.   This case already wound its way to the Supreme Court in 2009, with the Court reaching a critical holding on duty…

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What Would The State Of Tennessee’s Liability Be If The Indiana State Fair Tragedy Happened in Nashville?

There has been lots of discussion about those responsible for the tragedy that occurred on August 13, 2011 at the Indiana State Fair, where multiple people died and many others were injured after a stage collapsed at a concert.  At last count, seven people died and another 40 people were…

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Negligent Security at Hotels, Motels, Apartment Complexes and Other Places

Many plaintiff’s  lawyers limit themselves to reading only legal articles written by lawyers who also represent plaintiffs.  Big mistake. There  are lots of good resources out there written by members of the defense bar.  This article, by Richards H. Ford, is a fine example.  Titled "Negligent Security:  When is Crime…

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Lawsuits Arising From Participation in Athletic Activities

What does tort law tell us about liability for injuries arising during sporting events and, in particular, contact sports?  The recent case of Feld v. Borkowski gives us the answer, at least from the standpoint of the Iowa Supreme Court. Plaintiff and defendant were playing intramural softball .  Defendant hit…

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Ice, Snow and Premises Liability in Tennessee

Tennesseans are clearing the grocery stores of bread, milk and other essentials as the National Weather Service informs us that snow will cover the state. The threat of bad weather gives us the opportunity to review the law of Tennessee concerning the liability of possessors of land concerning ice and…

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Liability in the Sweat Lodge Case

By now most of us have heard of the Sweat Lodge incident. The Huffington Post article  says that "[m]ore than 50 followers of spiritual guru James Arthur Ray had just endured five strenuous days of fasting, sleep-deprivation and mind-altering breathing exercises [were] into a sweat lodge ceremony"  that is said to have…

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