Author Archives: Robert Ross
Parental Liability for Minors’ Torts: Adult Activities & Repeat Offenses
PARENTS HAVE A DUTY TO SUPERVISE CHILDREN AND TO ATTEMPT TO PREVENT KNOWN MISCONDUCT FROM RECURRING Parents may be held liable for torts committed by minor children when the parent knew (or had reason to know) that the child was likely to engage in harmful conduct. Generally, this liability is predicated on prior conduct–a… Read More »
When Can Parents Be Held Liable for a Child’s Acts?
CHILDREN CAN BE HELD CIVILLY LIABLE FOR TORTIOUS CONDUCT Minors–persons under the age of 18–have civil (and criminal) liability for their actions. Most people know that children can be tried and convicted for criminal acts, but fewer people realize that children can be held liable in civil court as well. A child who commits… Read More »
More Defenses to Nuisance Claims
NECESSITY CAN JUSTIFY CERTAIN TYPES OF NUISANCE ACTIONS A person who acts to prevent a threat of harm or injury can sometimes claim “necessity” as a defense in a subsequent nuisance action. Defendants need not sit by and watch a preventable harm take place, and if the actions necessary to prevent the harm are… Read More »
Defenses to Nuisance Claims
Just as the law permits an injured party to bring a lawsuit to stop a nuisance, the law provides land owners and users with certain defenses–legally permitted excuses–to avoid liability for nuisance claims. This week, we’re taking a look at a few of these defenses. CONSENT OF THE “INJURED PARTY” Tort law is the… Read More »
Nuisances Prohibited–and Permitted–by Law
WHAT IS A “NUISANCE PER SE”? Sometimes, legislatures decide that certain kinds of activities or conditions represent an unreasonable interference with the use and enjoyment of property, and enact laws (called “nuisance statutes”) which establish that these situations are nuisances as a matter of law. HOW DOES “NUISANCE PER SE” IMPACT THE PLAINTIFF’S LAWSUIT?… 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 »
Are Your Neighbors a Nuisance … or Just Annoying?
WHAT CONSTITUTES A LEGALLY RECOGNIZED NUISANCE? People often use the word “nuisance” to describe a thing that annoys them. However, it’s important not to confuse the common definition of “nuisance” with the (more complicated) legal claim that shares the name. Annoyances are not legally actionable, but under the right circumstances, homeowners can sue to… Read More »
Are You Trespassing on Your Neighbor’s Land?
WHAT IS TRESPASSING? “Trespassing” means making an unauthorized entry onto land or property which belongs to another person, in a way that disrupts or interferes with the owner (or possessor)’s exclusive right to possession and control. In plain English: trespassing involves: 1. An entry onto “the land of another” – which may mean either land… Read More »
Dangerous Conditions on Public Property
THE GOVERNMENT HAS ONLY LIMITED LIABILITY FOR INJURIES OCCURRING ON PUBLIC LAND The general rule for injuries occurring on public land–meaning land either owned or controlled by a government entity–is that the governmental entity responsible for the land is “immune” from suit. Governmental immunity is a concept which protects the government against lawsuits by… Read More »
Statutes of Limitations in Premises Liability Actions
WHAT IS A “STATUTE OF LIMITATIONS”? A statute of limitations is a law which limits the time an injured plaintiff has to make a claim. As the name suggests, these laws are codified in statutes, which is another word for laws enacted by a legislative (or sometimes regulatory) agency. Like most criminal acts, civil… Read More »
