Liability Archives - Ross Law Firm Ltd.

Mobile home park liable for slip-and-fall in pool

05/20/2021 by Report from Counsel

In many states, if you get hurt as a result of an “open and obvious danger,” you’re generally out of luck because whoever owns the property has no duty to warn or protect you from such a hazard. Instead, it’s your responsibility to protect yourself. But if you’ve been hurt by a condition that, in … Read more

Things to consider before renting a vacation home

08/17/202003/09/2020 by Report from Counsel

Vacation rentals, whether near the ski slopes or on the beach, can be a great way to create memories with family and friends. It’s never been easier to find the perfect place at an affordable price thanks to websites like Airbnb and VRBO. As with everything else, though, there are potential legal issues you want … Read more

Internet contracts must be apparent to be enforceable

08/17/202012/04/2018 by Report from Counsel

If you do business using the internet, you want to ensure your internet contracts are enforceable. To do that, terms need to be presented in such a way that users have reasonable knowledge of them.

Companies facing web access lawsuits

08/17/202008/13/2018 by Report from Counsel

The U.S. Department of Justice (DOJ) is no longer planning to issue regulations around website accessibility. Yet businesses around the country continue to face lawsuits claiming their websites are inaccessible to blind or low-vision users. In late 2017, the DOJ announced it was rescinding its advance notices of proposed rulemaking on the issue of website … Read more

Liability waiver unenforceable against Spanish speaker

08/17/202008/06/2018 by Report from Counsel

If you’ve ever visited an indoor family entertainment center, like a trampoline park, indoor rock-climbing facility or bounce house, you’ve probably signed a liability waiver agreeing that you can’t hold the facility accountable for any injuries you or your family may suffer. Alternatively, you may have agreed to take your claim to “arbitration” — a … Read more

Airline passenger can seek emotional distress damages for needle prick

08/17/202005/08/2018 by Report from Counsel

A passenger could try to hold an airline accountable for emotional distress she suffered after getting pricked by a hypodermic needle while reaching into a seat- back pocket, a federal court of appeals recently decided. The woman was traveling on Eftihad Airways from Abu Dhabi, Saudi Arabia to Chicago. She spent much of the 14-hour flight with the tray table in her lap because the knob holding it in place had fallen off. At some point, she reached into the seat-back pocket to retrieve the knob, which she had placed in the pocket when she took it off the floor, and was unexpectedly jabbed by a hypodermic needle that someone left behind. The prick drew blood, but the airline offered no medical attention beyond an antiseptic wipe, a Band-Aid and the advice to see a doctor when she got home. Her family physician later prescribed her medication for possible hepatitis, tetanus and HIV exposure.

Recreational-Use Immunity for Golf Injury

08/17/202003/17/2014 by Report from Counsel

The purpose of recreational-use tort immunity statutes, which are common across the country, is to encourage private and public landowners to make their property available for public recreational use. To advance this public interest, these laws usually immunize the owners or occupants of real property from negligence liability toward people entering the land for recreation, often on the condition that the property is made available for use free of charge.

Typically the statutory immunity stops short of protecting defendants from liability for greater degrees of wrongdoing, such as acts or omissions that can be characterized as willful, malicious, or grossly negligent. Originally the perceived need for immunity arose because of the impracticability of keeping large tracts of mostly undeveloped land safe for public use, but the concept has evolved so that it need not necessarily involve vast expanses of wilderness.

Yet Another Hazard on the Golf Course

08/17/202001/05/2012 by Report from Counsel

Hazards to a golfer’s health and safety that come most readily to mind involve swinging clubs and golf balls in flight, usually on unintended flight paths. But the sport also has other dangers lurking, including the garden variety slip and fall. When James, a golfer, sued a golf resort recently over such a mishap, his claim was dismissed, essentially because the particular risk at issue in his case should have been apparent to him and, as such, it was up to him to avoid it.