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Premises liability

December 2002 | Volume 38, Issue 13

When negligence leads to crime
Philip M. Gerson and Edward S. Schwartz

There may be more to a crime than you think. Investigate all the factors that may have led to the incident, no matter how innocuous they seem—you may turn up liable parties that you wouldn't have found otherwise. You won't want to overlook these legal theories when preparing your next case.

Experts put your slip-and-fall case on solid ground
Robert T. Karns

Substantial and compelling evidence, credible eyewitnesses, and damaging testimony won't win a slip-and-fall case if jurors believe that your client was just clumsy. Marshaling a team of experts—from structural engineers to tradespeople and meteorologists strengthen your case and help the jury understand why the property owner was at fault.

Violence at work
Jason R. Sakis and Daniel B. Kennedy

You may think that a client who has been injured in a violent attack at his or her place of employment can recover nothing beyond workers' compensation. Think again. Negligent- or inadequate-security suits and claims against third parties may be viable. The author explains how to identify cases that are exceptions to the "exclusive remedy" doctrine in litigation involving victims of workplace crime.

Finding a remedy for renters
John A. Harris

At too many apartment complexes, home isn't nearly as safe as it should be. Tenants can hold landlords liable for misrepresenting the premises' safety or failing to provide adequate protection against crime. A security expert can help determine whether the crime that resulted in your client's injury was foreseeable and, if so, how to make claims for compensation stand up against the fiercest defense.

Features

The 'aha' moment

You've gone over the case countless times. Just when you think you've mined the facts for all they're worth and explored every possible liability theory, you find a key witness, discover incriminating information, or craft a new argument that transforms the case from merely viable to rock solid. Was it luck or persistence? Here, five attorneys discuss the nuggets that made their cases as good as gold.

News & Trends

The bully pulpit: post-Columbine, harassment victims take schools to court

Doctors' suit against HMOs certified as class action; patients' class denied

U.S. corporations can be held liable for human rights abuses abroad, Ninth Circuit rules

Attorney's conflict of interest imputed to law firm, Iowa court rules

Household, Citigroup agree to record settlements in predatory-lending cases

Changes to class action rules get nod from Judicial Conference

Suits bring debate over slavery reparations into the courtroom

Departments

President's page
Rising to the challenge of the 108th Congress

Washington focus
Fighting fire with facts

Supreme Court review
Court gives school drug-testing an A

Good counsel

Discoveries

Quotes

Books

The Oath
by John Lescroart

Climbing Jacob's Ladder
by Jock M. Smith with Paul Hemphill

Classifieds

Classifieds

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