Scott R. Kipnis | ICSC Some of the most prevalent, mundane, and time- and money-consuming claims that tenants find themselves litigating stem from slip-and-fall accidents in shopping center common areas. The lease between landlord and tenant, specifically the allocation of maintenance obligations as well as indemnification and insurance provisions, is often the determining factor of… Continue reading Before the Slip and Fall: Lease Drafting Guidance for Tenants
Category: Personal Injury
California Supreme Court Rules Broadly in Favor of Insureds
David E. Weiss and Kerry Roberson | ReedSmith | June 11, 2018 On Monday, June 4, 2018, the California Supreme Court ruled that an insurance company must provide liability coverage to its corporate insured against claims of negligent hiring, retention, and supervision of its employee, who allegedly sexually assaulted a 13-year-old child. The case is Liberty… Continue reading California Supreme Court Rules Broadly in Favor of Insureds
Say What? The Rise Of Criminal Liability For Construction Accidents
Christopher D. Myers and Cheri T. Gatlin | Best Practices Construction Law | May 18, 2018 “To err is human; to forgive divine.” – Alexander Pope, “An Essay on Criticism.” Last week marked the end of Construction Safety Week 2018, a combined effort by the Construction Industry Safety (CISI) group and the Incident and Injury Free… Continue reading Say What? The Rise Of Criminal Liability For Construction Accidents
When Should an Accident be an Accident?
Charles P. Edwards | Barnes & Thornburg LLP | November 27, 2017 Standard commercial general liability (CGL) insurance policies provide coverage for damages the policyholder is legally obligated to pay because of property damage or bodily injury caused by an “occurrence.” CGL policies typically define “occurrence” as an “accident.” Courts define an accident as “an… Continue reading When Should an Accident be an Accident?
Construction Law Practice Tip: General Contractor Liability for Subcontractor Injury
Pierre Grosdidier | Haynes and Boone LLP | October 26, 2017 AIA Document A201TM, General Conditions of the Contract for Construction (the “General Conditions”), is a form agreement often incorporated into a main contract between an owner and a general contractor.1 The General Conditions place project control squarely in the hands of the general contractor.… Continue reading Construction Law Practice Tip: General Contractor Liability for Subcontractor Injury