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Tag: premises liability

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 ...

December 06, 2016

California: "take-home" liability extends to workers’ households

Kesner v. Superior Court and Haver v. Burlington Northern Santa Fe Railroad are consolidated cases resulting in a single decision by the California Supreme Court holding that California tort law recognizes "take-home" liability in asbestos cases. "Take-home" cases arise when an employee worked with asbestos on the job 30-50 years ago and got asbest ...

September 15, 2016

Oral argument in Texas premises liability case

Today, the Texas Supreme Court held oral argument in UDR Texas Properties, L.P. v. Petrie. Unfortunately, Justice Willett did not ask any questions. Nevertheless, at issue in the case is whether a Houston apartment complex can be held liable for failing to protect a man who was robbed and shot in the knee after parking in ...

May 03, 2016

Economic consequences may determine whether a tort duty is reasonably imposed

Alan Petrie got off work as a waiter at a Houston nightclub in the wee hours of the morning, and then went to a co-worker's birthday party at an apartment complex near the club. Houston is well known for its lack of zoning, and residential and commercial establishments are intermingled. Unfortunately, Mr. Petrie never made ...

January 22, 2016

President's weekly report — January 22, 2016

We’re from the Government and we’re doing you a favor That is essentially the government’s theme in its opening brief in Hawkes v. United States, our wetlands jurisdiction case at the Supreme Court. Our case is all about whether a property owner has a right to appeal a “wetlands jurisdictional determination” by the Co ...

June 26, 2015

President's weekly report — June 26, 2015

The physical invasion of the raisin snatchers — a property rights victory at the Supreme Court  In a week marked by several major Supreme Court decisions that were quite disappointing to advocates of limited government and the rule of law, there was one very bright spot: this decision in Horne v. United States Department of Agriculture. T ...

June 22, 2015

Fighting at a hockey game? No way!

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 15, 2015

President's weekly report — May 15, 2015

Competitor’s veto law — One down, one on its way down The notion that existing players in a transportation business (taxis, movers and limo companies) should be able to veto new entrants into a market in order to reduce competition is absurd and opposite the economic liberty that is a hallmark of America.  Thus we have ...

May 08, 2015

Should businesses be punished for making premise improvements?

Businesses make permanent premise improvements all the time. These improvements, called “fixtures,” include manufacturing equipment, storage tanks, and the like. These fixtures improve business efficiency and workplace safety. But, because fixtures are permanent, a business cannot remove them (after it sells the property) without seve ...

March 20, 2015

President's weekly report — March 20, 2015

Environment & Endangered Species Act — 60-day notice filed for the Kangaroo Rat As required by the Endangered Species Act, we filed a sixty-day notice on intent to sue with the United States Fish & Wildlife Service over the Service’s failure to act on our petition to delist the Stephens Kangaroo Rat. Ad described here, our pet ...