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Documents on Personal Injury, Real Estate
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|Baltimore City Trial Court Abused Its Discretion in Admitting Testimony of Plaintiff’s Childood Lead Expert|
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
April 3, 2013, previously published on March 2013This case involved an action brought by Plaintiff against City Homes, Inc. (“Defendant”) for lead paint personal injuries at a residence owned and operated by Defendant. Plaintiff filed a Complaint against City Homes and Barry Mankowitz, the property manager. One of Plaintiff’s...
|Hydraulic Fracturing Brings Risks and Rewards to Pennsylvania|
Caroselli Beachler McTiernan Conboy LLC;
November 7, 2012The advent of hydraulic fracturing has brought a whole new economy to Pennsylvania. Fracking - which uses pressurized water, sand and chemicals to force natural gas out of underground pockets - has unlocked a huge and previously untappable reserve of gas in the Marcellus Shale. In 2011 alone, the...
|Family of Crushed Tampa Girl Files Wrongful Death Suit|
Morgan Morgan P.A.;
October 17, 2012, previously published on October 12, 2012A Tampa family filed a wrongful death lawsuit against their apartment complex’s owners after a gate fell and crushed their daughter’s head, the Tampa Bay Times reports. The parents of seven-year-old Zhanaye Williams say the young girl was trapped after the gate to the Brookside...
|Landlord Liability for Pit Bull Attacks after Tracey v. Solesky|
Jo Carol Snyder; Semmes, Bowen & Semmes A Professional Corporation;
May 22, 2012, previously published on May 2012Before Tracey v. Solesky, the general rule for dog bite claims against a landlord was that a plaintiff had to show that: (i) the landlord had control over the tenant having a dog, (ii) the dog was dangerous, and (iii) the landlord was aware that the dog had a history of dangerous behavior. The...
|Maryland Court of Appeals Adopts Strict Liability for Owners and Landlords in Pit Bull Attacks|
Eric M. Leppo; Semmes, Bowen & Semmes A Professional Corporation;
May 4, 2012, previously published on April 2012In this recently issued opinion of the Maryland Court of Appeals, the Court saw fit to modify the common law, and adopted a strict liability standard in cases where Pit Bull dogs and/or cross-bred Pit Bull dogs attack humans.
|New York Property Owners May Be Liable For Injury Caused By Mold Contamination|
Ganfer Shore LLP;
April 25, 2012, previously published on April 2012An owner of residential property may be liable for personal injuries caused by mold contamination, according to the recent appellate decision in Cornell v 360 W. 51st St. Realty, LLC, 939 N.Y.S.2d 434, 2012 N.Y. Slip Op. 01643 (App. Div. 1st Dep’t Mar. 6, 2012).
|Court of Appeals Lifts Lead Paint Liability Limitation|
D. Robert Enten, Michael C. Powell; Gordon Feinblatt LLC;
November 21, 2011, previously published on November 2011By now many landlords have heard of the Maryland Court of Appeals' decision striking down limitations on lead paint liability. The case, Jackson, et al. v. The Dackman Company, et al., No. 131, September Term 2008 (Md. Oct. 24, 2011), exposes all owners of rental properties where lead paint is...
|Court of Appeals Strikes Penalty for Failure to Register Ground Leases with the SDAT|
Searle E. Mitnick; Gordon Feinblatt LLC;
November 21, 2011, previously published on November 2011In 2006, the Baltimore Sun ran a number of articles describing horror stories of homeowners losing their properties because of delinquencies in the payment of small amounts of ground rent. In many cases, the costs and attorneys' fees that the ground tenants were required to pay far exceeded the...
|Lead Paint: The Court Throws the Rental Market into Turmoil|
Christopher C. Jeffries, Thomas J. Whiteford; Whiteford, Taylor & Preston L.L.P.;
November 14, 2011, previously published on November 10, 2011On October 24, 2011, Maryland’s highest court, the Court of Appeals, issued its decision in Jackson v. Dackman Co., and found that the immunity provisions of The Reduction of Lead Risk in Housing Act (the “Act”) are unconstitutional. Previously, the Act provided property owners...
|When Does a Contract Prevent a Negligence Claim? The Michigan Supreme Court Provides a New Answer|
J. Scott Timmer; Miller Johnson;
October 10, 2011, previously published on October 6, 2011In 2004 the Michigan Supreme Court held in Fultz v Union-Commerce Associates that a snow removal contractor couldn't be liable for negligence to a plaintiff who fell and was injured in a parking lot that the contractor was hired to plow. The plaintiff had claimed that the contractor's failure to...