By: boblipton

boblipton — Mon, 08 Oct 2012 21:56:32 +0000

Yes it is. It is also the kind of thing that makes homeowner’s insurance premiums skyrocket.

Bob

By: DensityDuck

DensityDuck — Mon, 08 Oct 2012 21:16:56 +0000

Isn’t this the kind of thing that homeowner’s insurance is supposed to cover?

By: asdfasdf

asdfasdf — Sat, 06 Oct 2012 23:25:49 +0000

Would the recreational immunity law really protect the homeowner here? As a general rule these sorts of statutory immunization attempts are not too helpful in stopping nuisance slip-and-fall type lawsuits. Here, I believe the article said the claim was for $175K and that the law immunizes certain non-profit homeowners.

All a plaintiff’s attorney would have to do is plead that the homeowners did not fall within the ambit of the statute – for example, here, by pleading that the homeowners profited from the tour. Since the plaintiffs also named the charities for whose benefit the tour was conducted, it seems clear enough the discovery costs would outweigh the $175K claim; such a pleading moreover would defeat dismissal for failure to state and might defend against certain summary dismissals. The situation is more acute for the first five or ten years after the bill’s passage, when the legal landscape and judicial interpretation is far less clear.

By: boblipton

boblipton — Sat, 06 Oct 2012 19:21:01 +0000

I explain to all my guests that if they injure themselves on my property, I will have to kill them and move the body elsewhere.

Bob

Comments on: Garden tour slip and fall

By: boblipton

By: DensityDuck

By: asdfasdf

By: boblipton