Under the primary assumption of the risk doctrine, a property owner has no duty to protect a plaintiff against risks that are inherent in a sporting or recreational activity if the activity involves an inherent risk of injury to voluntary participants and the risk cannot be eliminated without altering the fundamental nature of the activity. Read More…
LGC Obtains Defense Verdict
Partner Loren Young and associate Dillon Coil of LGC’s Las Vegas office obtained a defense verdict in Bazan v. Aria Resort & Casino Holdings, LLC (Case No. A-13-683248-C) following a seven-day trial in Clark County, Nevada. Bazan involved a plaintiff who fell while walking down stairs and sustained a trimalleolar fracture of the right ankle. Read More…
Decision Highlights Difficulty Of Establishing Statute Of Limitations Defense
In Ismael Rosas v. BASF Corporation et al., a recent California Court of Appeal decision, the Court reversed the trial court’s grant of summary judgment in favor of the defendant based on a statute of limitations defense. A contributing factor to the Court’s reversal of summary judgment was that the plaintiff’s pre-litigation testimony regarding his Read More…
Use Of Contractual Releases To Limit Liability For Negligence
Businesses have several legal tools at their disposal to reduce exposure to liability. One such tool is a contract that releases a company from liability for a particular activity in which its customers engage. For example, a skydiving company may require a customer to sign a release stating that the customer understands and assumes the Read More…
Appellate Case Highlights Potential For Recovery Of Contractual Fees In Tort Cases
In its recent decision in Hemphill v. Wright Family LLC , California’s Fourth District Court of Appeal awarded attorneys’ fees and costs to an injured owner of a mobile home in a negligence and premises liability action against a mobile home park. At trial, the Plaintiff successfully established that the mobile home park was liable Read More…
