- Proper Procedure to Obtain Entry on Real Property of a Nonparty for Purposes of Inspection and Photographing
- Designating Unknown Responsible Third Parties: How to Properly Designate an Unknown Driver
- Premises Liability: Do Open and Obvious Naturally Occurring Conditions Pose an Unreasonable Risk of Harm?
- The Borrowed Servant Doctrine – At What Point Will the General Employer’s Liability Be Severed?
- Texas Tort Claims Act: Are Physicians Independent Contractors or Employees?
- Diamond Offshore Services Ltd. v. Williams—Courts Must View Video Evidence Before Ruling on Issues of Admissibility
- Reservation of Rights Letter and the Insured
- Permissive Interlocutory Appeals
- Graves Amendment
- United Scaffolding, Inc. v. Levine: Expanding Control for the Purpose of Premises Liability Claims
Showing 2 posts from December 2017.
The Graves Amendment, found in the Federal Transportation Equity Act of 2005, created immunity for vehicle lessors as to claims of vicarious liability arising out of the lessee's conduct during the rental period.
The relevant subsections of the Graves Amendment read as follows: Read More ›
When a plaintiff is injured on property owned by another two possible claims may arise—general negligence and premises liability. A crucial component of premises liability claims, absent in general negligence claims, is control. Owners of industrial workplaces often contract with multiple contractors to perform various operations on the premises. When an employee of the owner of the property is injured by a defective condition created by a contractor, courts must determine whether the contractor was in control of the premises. For a defendant to owe a duty to a plaintiff under a premises liability claim, the defendant must have been in control of the premises. If the defendant was not in control of the premises, there is consequently no responsibility for dangerous conditions existing on the property. Read More ›