Showing 2 posts from December 2017.

Graves Amendment

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 ›

United Scaffolding, Inc. v. Levine: Expanding Control for the Purpose of Premises Liability Claims

Introduction

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.[1]  If the defendant was not in control of the premises, there is consequently no responsibility for dangerous conditions existing on the property.[2] Read More ›

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