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Tag: foreseeability

July 17, 2017

Minnesota Supreme Court abandons limits on tort liability

Last week, in Montemayor v. Sebright Products, Inc., a 4-3 majority of the Minnesota Supreme Court held that any "close" tort case must go to a jury. This case involves a tragic accident that led to the serious bodily injury of Nereus Montemeyer as a result of his employer's misuse of an industrial extruder and ...

January 27, 2017

Score one for “reasonable” application of tort liability

When Alan Petrie was assaulted and robbed in a Houston apartment complex visitors' parking lot at 2:00 a.m., he sued the apartment management companies for their failure to protect him. The trial court rejected his lawsuit on the grounds that the management companies owed no duty to protect him from the criminal acts of third ...

November 30, 2016

Causation, and not deep pockets, should dictate liability

Today we filed this amicus brief asking the California Supreme Court to overturn the flawed decision in T.H. v. Novartis, which would essentially impose never-ending tort liability on brand-name drug manufacturers for injuries caused by their generic counterparts.  By adopting an expansive theory of liability, the law threatens to drive up the cos ...

October 28, 2016

Youth hockey league not liable for post-game spectator brawl

At a youth hockey game in Rome, New York, families of the 13-year-old players rooted for their teams with increasing intensity. Some spectators turned belligerent, and after the game ended, one player's mother confronted another player's mother. The provocation blew up into a full-scale melee involving multiple family members and spectators. Raymon ...

May 08, 2014

N.M. court abdicates responsibility to define tort duties

Today, the New Mexico Supreme Court decided in Rodriguez v. Del Sol Shopping Center that when a court decides whether a property owner has a duty to protect people from harm on the premises, the court must never consider whether the harm was foreseeable. PLF has long argued in premises liability cases that foreseeability cannot ...

August 08, 2013

Maryland acknowledges practical limits on the duty to warn

Maryland’s highest court has rejected an asbestos “duty to warn” lawsuit brought by the granddaughter of a worker who, for several months in the late 1960s, worked near another worker who used products containing asbestos.  In this case, plaintiff Jocelyn Farrar was the granddaughter of John Hentgen, who worked in the constructio ...