Associate Dayne J. Rogers, Troy, has authored a Property Owners & Insurers Newsline article, “Who’s in Control? The Clear Line Between Ordinary Negligence and Premises Liability.” Read Mr. Rogers’ article here > https://bit.ly/4cOqgH2 Farrar v Misch contrasts the differences between ordinary negligence and premises liability claims. Where a plaintiff’s injuries resulted from a person’s actions or inactions, a claim for ordinary negligence may be viable. However, where a plaintiff’s injuries resulted from a dangerous condition on the land, an individual may be liable under a theory of premises liability if the individual possessed and exercised control over the land. Mr. Rogers is a member of the Firm's Motor Vehicle Litigation, and Premises Liability Practice Groups; for info re Mr. Rogers > https://bit.ly/48IV1uw; 248-539-2819 or [email protected]; to sign up to receive Secrest Wardle newsletters> https://bit.ly/3PtRmKg
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The distinction between ordinary negligence and a premises liability can sometimes be less than clear. This article highlights the recent decision discussing the distinctions.
Associate Dayne J. Rogers, Troy, has authored a Property Owners & Insurers Newsline article, “Who’s in Control? The Clear Line Between Ordinary Negligence and Premises Liability.” Read Mr. Rogers’ article here > https://bit.ly/4cOqgH2 Farrar v Misch contrasts the differences between ordinary negligence and premises liability claims. Where a plaintiff’s injuries resulted from a person’s actions or inactions, a claim for ordinary negligence may be viable. However, where a plaintiff’s injuries resulted from a dangerous condition on the land, an individual may be liable under a theory of premises liability if the individual possessed and exercised control over the land. Mr. Rogers is a member of the Firm's Motor Vehicle Litigation, and Premises Liability Practice Groups; for info re Mr. Rogers > https://bit.ly/48IV1uw; 248-539-2819 or [email protected]; to sign up to receive Secrest Wardle newsletters> https://bit.ly/3PtRmKg
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Georgia's settlement offer statute, O.C.G.A. sec. 9-11-67.1, has been amended. Link to our blog post discussing the changes in the comments.👇 #law #lawyers #legal #updates #georgia #lawfirm #personalinjury
🚨 Legal Update: Georgia's Settlement Offer Statute, O.C.G.A. sec. 9-11-67.1, Has Been Amended 🚨 If you're a personal injury lawyer in Georgia, you need to be aware of these changes as the law applies to pre-answer settlement demands in motor vehicle collision cases. Governor Kemp just signed the new law this week. Here's the main takeaways: 1. The changes make it clear the statute applies to demands from the time a cause of action accrues until the named defendant, or all named defendants, have filed their answers. 2. The statute makes it clear it only applies to motor vehicle collisions and product liability claims, even those involving a motor vehicle, are not subject to the statute's requirements. 3. Deadline dates must be listed for acceptance and receipt of payment. 4. You can have deadlines for the insurance coverage affidavit requirement if it is a term of your demand, but you must provide a date that is not less than 40 days from receipt of the offer. 5. Any terms not permitted by the statute are immaterial and the failure to accept them cannot subject an insurer to bad faith. A link to my blog article discussing the new changes is in the comments below ⬇
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🚨 Legal Update: Georgia's Settlement Offer Statute, O.C.G.A. sec. 9-11-67.1, Has Been Amended 🚨 If you're a personal injury lawyer in Georgia, you need to be aware of these changes as the law applies to pre-answer settlement demands in motor vehicle collision cases. Governor Kemp just signed the new law this week. Here's the main takeaways: 1. The changes make it clear the statute applies to demands from the time a cause of action accrues until the named defendant, or all named defendants, have filed their answers. 2. The statute makes it clear it only applies to motor vehicle collisions and product liability claims, even those involving a motor vehicle, are not subject to the statute's requirements. 3. Deadline dates must be listed for acceptance and receipt of payment. 4. You can have deadlines for the insurance coverage affidavit requirement if it is a term of your demand, but you must provide a date that is not less than 40 days from receipt of the offer. 5. Any terms not permitted by the statute are immaterial and the failure to accept them cannot subject an insurer to bad faith. A link to my blog article discussing the new changes is in the comments below ⬇
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If you have suffered from an injury on someone else's property you may be entitled to compensation. You can receive compensation through a premise liability claim. A successful premise liability claim proves: - Duty: A property owner has a duty to keep their property safe - Breach: Show the property owner breached their previously mentioned duty - Damages: Prove you suffered damages such as an injury - Causation: Show the property was the cause of your damages. Read more about premises liability claims here: https://lnkd.in/g5Pcqd_8 #personalinjury #slipandfall #premisesliability
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Have you been hurt on someone else’s property? It may seem like you have a right to sue them, no matter the circumstances, because you were hurt and they should be held responsible! But slip and fall cases in Colorado can be more complex than they seem. If you suffered an injury on someone else’s premises, it’s critical that you understand the nuances of the Colorado Premises Liability Act. It’s also critical that you consult with an attorney to assess the value of your case. Let’s delve into the statute, the challenges it poses, and why it’s essential to find the right attorney for your slip and fall case. https://lnkd.in/e7sK4y7T #slipandfall #slipandfalllaw #slipandfalllawyer #slipandfallattorney #coloradoslipandfall
Slip and Fall Cases in Colorado
https://osullivan-law-firm.com
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Join us next week for our May 2nd Wednesday for "Michigan's Changed Premises Liability Laws Pose Real Threat to Business and Property Owners": 📅 When: May 8, from 12:00-12:30 pm 🎫 Register here: https://bit.ly/2ndWeds2024 Don't miss out on this opportunity to gain invaluable insights into protecting your business and property under Michigan's revised laws. Our dynamic moderator Paul Millenbach and seasoned litigator Dora A. Brantley will explore: - What are the elements of a Premises Liability claim? - What are an owner's responsibilities under these recent changes? - Examples of Premises Liability claims that can be brought against a property owner. - At a minimum, what should property owners and possessors begin to assess as to the current condition of their properties? See you there! #BusinessLaw #PremisesLiabilityLaws
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Are auto accident cases monopolizing your time with paperwork and preliminaries? MAXIMIZE YOUR TIME by outsourcing repetitive tasks to LegalVAPro's specialized litigation support team. 🏎️ Accident Reports: Our VAs have extensive experience reviewing collision details to identify liability and coverage issues. 🚘 Claims Filings: With a deep understanding of insurer requirements, we ensure initial claim packets are completed swiftly and accurately. 📝 Demand Letters: Precise preservation demand letters from our experienced specialists maximize evidence retention in your clients' favor. ⭕ Non-Compliance Notices: Meet crucial deadlines with compliance notices crafted by our litigation experts for optimal legal effect. 📃 Affidavits & Exchange of Information Forms: Streamline communication and verify accident factual accounts through expert drafting. Partner with our auto accident litigation experts! Outsource tasks so you can devote 100% of your billable hours directly serving clients. Maximize efficiency - contact us today to learn more. 🚗 #FreeUpTime #AutoAccidentLaw #LegalVAProExpertise
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High Court upholds limitation of liability clauses: A recent ruling by the High Court reinforces the importance of carefully crafted limitation of liability clauses in contracts. This decision highlights the need for businesses to ensure their contracts provide adequate protection against unforeseen circumstances. Read our article to learn more about the implications for your business. If you have any questions about this decision, or about limitation of liability clauses in your agreements, please contact Duncan McGill or Aaron Sherriff. #liabilityinsights #contracts #highcourtruling
Limitation of liability clauses upheld by the High Court - Duncan Cotterill
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Collecting evidence is important when filing a premises liability claim. Physical evidence may disappear, and the memory of witnesses may not be as clear. Make a detailed record of what happened, including dates, times, places, and descriptions of hazardous situations. Keep any physical evidence, such as torn clothing or broken objects, in a safe place to support your claim. Learn more: bit.ly/4bbkPjX
Key Evidence When Proving Premises Liability | IL
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Secrest Wardle 2024 Premises Liability Webinar Series Landowner Liability for Independent Criminal Acts on the Premises The fourth installment of Secrest Wardle’s 2024 Premises Liability Webinar Series, hosted by Executive Partner John L. Weston, will broadcast tomorrow at 12:00 pm and will present an updated review regarding: · What are the legal statuses of the various types of people who enter on property? · What duties are owed by landowners and merchants to those who come on their properties? · The evolution of landowner and merchant duty in the courts – a historical overview · What landowners can and should do under current law To register, please go to > https://bit.ly/3M1TJBr
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