The Court of Appeals of Mississippi has ruled that a plaintiff injured when her vehicle collided with a horse on a dark roadway must prove that the horse owner was negligent is allowing the horse to be on the road. In other words, the mere fact that the fence did…
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…
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…
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…
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…
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…
It was reported several months ago that nude videos of ESPN reporter Erin Andrews were circulating on the Internet. The pictures were taken in several hotels. The man accused of taking the videos, Michael David Barrett, has been arrested. It turns out that a majority of the videos were taken…
A former patron at the Coyote Ugly Saloon in Nashville has sued the entity, claiming she was injured when she fell off a slippery bar. She claims that the bar surface should have been kept dry (and therefore safe) because she was invited to dance on it by employees.…
We have seen much of this story happen before. Woman is raped at gunpoint in a hotel parking garage. Woman sues hotel for negligent failure to keep premises secure. Hotel blames woman for failing to exercise due care – how dare she assume that the hotel parking garage…
This is Post 8 in my review of the legislation of interest to tort lawyers that was passed by the General Assembly in 2009. Want to see more? Look at the Legislation 2009 category. This legislation is of interest to those who bring or defend dram shop cases. The new…