Tag Archives: personal injury lawyers
When is Public Property in “Dangerous Condition”?
One of the mandatory elements required to hold a public entity liable for injuries occurring on public land is that the property must be in a “dangerous condition” at the time of the injury. PRIOR ACCIDENTS OR INJURIES MAY HELP ESTABLISH A DANGEROUS CONDITION If similar injuries to those suffered by the plaintiff(s) occurred… Read More »
An Actionable Nuisance Requires an Unreasonable Interference
In order to prove, recover damages, or obtain an injunction to stop a nuisance, the plaintiff must prove that the objectionable activity or condition constitutes an unreasonable interference with the plaintiff’s use and enjoyment of (the plaintiff’s) property. The fact that a plaintiff dislikes a situation, or finds it annoying, or wishes the defendant… Read More »
“Trivial Hazards” & the Landowner’s Duty to Warn
Property owners* must maintain their property and (premises located thereon) in a reasonably safe condition. Today, we take a look at some of the elements of “reasonably safe” conditions and the nature of the duty land owners, controllers, and possessors have when it comes to maintaining property. TRIVIAL HAZARDS DO NOT NORMALLY GIVE RISE… Read More »
What Factors Impact the Landowner’s Duty Under Premises Liability Law?
Several factors govern whether or not the owner (or possessor) of real property has a duty to act and/or mitigate possible hazards under premises liability law. No single factor is dispositive. A court evaluating whether or not liability exists will balance several factors when deciding whether or not the defendant land owner (or tenant,… Read More »
