The American Civil Liberties Union has filed a lawsuit on behalf of two inmates from Wyoming against a New Mexico corrections officer, the jails wardens, the county commisioners and the jail's management company.The lawsuit claims sexual abuse and cruel and unusual punishment by Detention Officer Brian Orr of the McKinley County (N.M.) Detention Center. The complaint was filed on behalf of...
Wisconsin's Safe Place Statute holds owners and operators of public buildings and places of employment to a higher standard than the standard to which private homeowners are held. This ensures that public premises are as safe as possible. Public property owners and operators may be held responsible for your injuries because of their duty to protect customers from hazardous conditions on their...
The purpose of a boardwalk is to provide a pleasant place for pedestrians to stroll. When a boardwalk becomes so dangerous for pedestrians that caution signs are necessary, some repairs are needed immediately. The John's Pass boardwalk is the proverbial "accident waiting to happen" - when it does happen there will be legal liability for the injuries caused. Tampa Bay's 10 News tells the...
A colleague in Tampa, Bob Carroll, has a good post about premises liability claims. Obviously, laws differ from state to state (and Bob probably doesn't see the slip-on-ice issues we see here in Colorado), but he does a good job summing up some of the resposibilities of business owners to ensure their premises are free of dangerous conditions.
Attorneys for Rudy Lujan, an inmate at the Crowley County Correctional Facility, are planning to sue the private company that runs the prison, alleging negligence in preventing a July 2004 riot in which Lujan was left for dead.Luhan, a former member of a hispanic gang, was beaten severely and also had a microwave oven smashed over his head during the riot.According to the Rocky Mountain...
Chris Hill in Portland has a nice post about Commercial Liability in Slip and Fall, or Premises Liability, cases. While laws differ from state to state, Chris does a good job of covering the basics and talking about the responsibilities of business owners to keep their property clear of dangerous conditions.
Today, another victim of a poorly maintained floor contacted my office to determine her legal rights. A dangerous condition was permitted to exist in an entranceway. She has been so severely injured that she has required two surgeries and still has a significant impairment. We commonly refer to claims of this nature as slip and fall cases. The more technical category is premises liability. ...
A colleague in Seattle, Mike Myers, posts news of an unfortunate accident in which a 15 year old boy fell to his death from a rope swing at at a party where there was underage drinking.Mike notes:The landowner who allowed the 60 foot rope swing on his or her property may also be liable if the swing constituted a known, dangerous condition. It is important for land/homeonwners to be aware of...
St. Mary's/Duluth Clinic is named as a defendant in a lawsuit filed by three former employees who charge they were touched inappropriately by a doctor to whom they were referred when they suffered job--related injuries.The lawsuits allege that SMDC breached its duty of care to the plaintiffs by failing to remove from employment or take actions against individuals such as Downs that they knew or...
One resident of a boarding house in Seattle's University District was killed and three others sustained injuries on Thursday, December 29, 2005 when the house went up in flames. Yexin Tan, a female resident, sustained burns to thirty percent of her body and died on Monday, January 3, 2006 as a result of her injuries. She was 39-years old. Another resident broke his leg as he jumped out of a...
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