Investigating a plaintiff’s prior suits may reveal contrary positions barring a claim through judicial estoppel.
Comments
Actions outside the scope of an invitation by an invitee could change his/her legal status for purposes of premises liability.
Applying "open and obvious" doctrine just got tougher following recent appellate court ruling that a snow covered parking lot may represent a 'special aspect.'
Invitees can become a trespassers when they venture into an area they are not authorized or expected to be.
A recent ruling from the Michigan Court of Appeals may adversely affect knowledgeable property owners with regard to constructive notice.
The Michigan Court of Appeals recently ruled that a non-tenant plaintiff is not owed a statutory duty under state law governing the condition of a rental dwelling.
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Recent Updates
- Indiana Supreme Court Rules Store Managers Cannot be Held Negligent for Accidents in Which They Played no Part
- Open and Obvious Doctrine Remains Alive, but for How Long?
- Court Ruling Bans Cameras, Allows Observers for Independent Medical Exams
- Appellate Court ‘Loans’ Temporary Possessory Rights to Contractor, Allowing it to Assert Premises Liability Defenses
- Appellate Court Holds Sporting Event Rules Violations Not Necessarily Reckless Misconduct
- Warehouse Clubs Should Consider Arbitration for Member Disputes
- Truck Driver’s Bodily Injury Claim Barred by his Bankruptcy Case
- Intoxication Bars College Student’s Estate from Wrongful Death Action
- New Supreme Court Discovery Rule Places Emphasis on Proportionality Over Relevance
- Court Reinforces Principle That Landowners Generally Have no Duty to Prevent Criminal Acts