Benchmarks: Caregiver assumed risk of attack by Alzheimer’s patient
A California home care worker suffered serious stab wounds in 2008 when an 85-year-old Alzheimer’s patient suddenly turned on her. This week, a state court ruled that the caregiver assumed the risk of...
View ArticleHome caregiver assumed risk of injury
A home caregiver assumed the risk of injuries suffered in an attack by an Alzheimer’s patient, the California Court of Appeal has ruled in affirming a summary judgment. The plaintiff worked for a home...
View ArticleBenchmarks: Release doesn’t bar drag race spectator’s PI suit
Racetrack operators wouldn’t be in business if they couldn’t effectively shield themselves from liability for injuries to their paying customers. But one Arkansas dragway just learned that, while a...
View ArticleBenchmarks: Court erases NYC commuter’s $7.7M slip-and-fall verdict
A New Jersey court on Thursday overturned a $7.7 million award to a commuter who slipped on wet floor mats at a train station outside New York City, rejecting the notion that the regional transit...
View ArticleTransit authority didn’t have heightened duty of care
A New York City transit authority did not have a heightened duty of care to prevent a passenger from slipping and falling while walking in a train station, the New Jersey Appellate Division has ruled...
View ArticleTavern may be liable for assault in parking lot
A bar may be liable for injuries suffered by a customer in an assault that occurred in the establishment’s parking lot, the Iowa Supreme Court has ruled in reversing a summary judgment. The plaintiff...
View ArticleApartment owner isn’t liable for guest’s drowning
The owner of an apartment complex had no liability for the drowning of a tenant’s guest in a swimming pool, the Mississippi Supreme Court has ruled in affirming a summary judgment. The defendant owned...
View ArticleWorkers’ comp disclaimer barred personal injury suit
An employee waived her right to sue her employer’s customers for negligence when she signed a workers’ compensation disclaimer at the time she was hired, the Pennsylvania Supreme Court has ruled in...
View ArticleLandowners may have duty to fix ‘open and obvious’ hazards
The “open and obvious danger” rule does not apply to preclude a finding of negligence in a premises liability action filed by a tenant who was injured when he unsuccessfully attempted to flip into an...
View ArticleBusiness owner can’t be sued for fatal shooting
A business owner could not be sued for the death of a neighbor who was shot in an attempt to stop a robbery of his business, the New Jersey Supreme Court has ruled. The decision reverses a ruling from...
View Article
