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Articles Posted in Premises Liability

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Poor Lighting Leads to Reversal of Summary Judgment for Defendant in Tennessee Fall Down Case

Knowledge of inadequate lighting was enough to create a jury issue of dangerous condition in  Christian v. Ayers L.P. d/b/a Ms. Lassie’s Lodge, No. E2013-00401-COA-R3-CV (Tenn. Ct. App. March 28, 2014), according to the Eastern Section of the Tennessee Court of Appeals. Plaintiff attended an event for “Relay for Life” sponsored…

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Rhode Island Supreme Court Rejects Burn Injury Case – “Attractive Nuisance” Doctrine Not Applicable

The Rhode Island Supreme Court has held that a 17-year old young man could not rely on the attractive nuisance doctrine to impose liability on the State of Rhode Island. The plaintiff and some friends entered a closed mental health facility that was locked and marked "No Trespass."  Along the…

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Tennessee Man Who Suffered Severe Injuries From Fall While Assisting Neighbor Granted Jury Trial

Plaintiff Martin was an apprentice lineman for Upper Cumberland Electrical Membership Cooperative. He agreed to help a neighbor move an electrical line to a barn. As the plaintiff climbed the electrical pole which had been installed by the neighbor, the pole fell over and the Plaintiff sustained serious injuries from…

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Tennessee Supreme Court Holds Inmate Assault is not Foreseeable Per Se

  Should a county bear any financial responsibility when it fails to release a jail inmate on time and the inmate gets injured in an altercation when he should no longer have been in jail and therefore not in the position to be harmed. The Tennessee Supreme Court recently decided such…

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Can A Police Officer Sue a 9-1-1 Caller For Failure to Warn of Danger of Assault?

A Texas police officer has sued a 9-1-1 caller for failing to warn the 9-1-1 official (and thus the police officer) that the police responding to the call would be walking into a dangerous situation.  The responding officer was attacked by a man at the home who had allegedly been…

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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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