Author Archives: Robert Ross
The Landlord’s Duty to Inspect & Repair
WHAT IS THE LANDLORD’S DUTY TO MAINTAIN PROPERTY? Landlords have a duty to keep their properties “reasonably safe” for tenants and third parties who may enter onto the premises. Visitors are considered “invitees” of the landlord/property owner, even when they enter the property to visit a tenant or for other purposes unrelated to the… Read More »
Can Injured Contractors Sue a Property Owner?
Many property owners* fail to understand the duty they owe (or don’t owe) to the employes and laborers of a contractor the property owner hires to perform improvements or other work on real property or buildings. THE GENERAL RULE IS THAT PROPERTY OWNERS ARE NOT LIABLE FOR INJURIES TO CONTRACTORS’ EMPLOYEES (BUT THERE ARE EXCEPTIONS)…. 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 Do You (Need to) Know About Property Dangers?
“Foreseeability of harm” is a critical component of premises liability, and part of the foreseeability question involves the owner’s knowledge of dangerous conditions. Property owners* are not “insurers” of safety. They do not provide a blanket insurance or guarantee that visitors to the property they own or control will not suffer injury. However, where the… 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 »
How Does Premises Liability Relate to Negligence?
Under premises liability law, people who own, possess, or control land or other forms of real property (including apartments and rental spaces) have a duty to use due care to ensure that the property in question does not create or represent “an unreasonable risk of harm” to other people. Premises liability is a form… Read More »
Ownership, Possession, and Control: the Keys to Premises Liability
Many people think premises liability is only a concern for land “owners” and landlords. In reality, the legal duties which give rise to premises liability may occur when a person has ownership, possession, or control of real property – meaning that it’s not only landlords and owners of land who may be at risk. The… Read More »
What is Premises Liability?
By law, property owners have a duty to certain people who live, work, or enter upon their property. In many cases, the law also imposes this duty on people who manage or control property. If someone suffers an injury at your home or business, you may (or may not) end up on the receiving… Read More »
When (and What) Must a Lawyer Communicate With Clients?
WHAT IS INCLUDED IN THE LAWYER’S DUTY OF COMMUNICATION? The lawyer’s duty to his or her clients includes an obligation to engage in “adequate communication.” People interpret communication differently, but the lawyer’s duty of adequate communication includes (at a minimum) the following: 1. Keeping the client reasonably informed about significant developments in the client’s… Read More »
Excuses, Excuses…Breaching the Duty of Competent Representation
Lawyers have a duty to represent clients with minimum levels of competence. In this context, “competence” refers not only to the attorney’s knowledge and skill, but also to the manner in which the lawyer undertakes the representation. Lawyers cannot legally take on a case or issue and then fail to perform their duties in… Read More »
