Premises Liability Litigation

Premises Liability Litigation

Tyson & Mendes aggressively defends property and premises liability claims brought against owners, operators, and managers of companies and commercial properties.

Our attorneys handle a wide spectrum of cases with successful results on behalf of apartment complexes, commercial businesses, construction companies, grocery stores, hospitals, hotels, landlords, nightclubs, office buildings, parking lots, REITS, restaurants, retail stores, shopping malls, and other property owners.

Premises Liability Litigation Articles:

Nevada Supreme Court Overturns Jury Verdict for Insufficient Evidence of Negligence

Author: Margaret Schmidt | December 1, 2017 5:00pm
Clark County School District v. Makani Kai Payo, 403 P.3d 1270 (Nev. 2017) In a recent decision entitled Clark County School District v. Makani Kai Payo, 403 P.3d 1270 (Nev. 2017), the Nevada Supreme Court reversed a jury’s negligence verdict awarding past and future medical damages to a student who sustained an eye injury during his physical education class.

COWABUNGA: Nevada Alter Ego Liability

December 1, 2017 4:53pm
On November 22, 2017 the Nevada Supreme Court held that managers of a limited liability corporation (LLC) may be subject to suit for personal negligence as tortfeasors under an alter ego theory of liability. In the case of Gardner v. Henderson Water Park, LLC dba Cowabunga Bay Water Park, 133 Nev. Adv. Op 89, the Gardners’ minor child suffered injuries resulting from a near-drowning at Cowabunga Bay Water Park in Henderson, Nevada.  The Gardners filed suit against Henderson Water Park, LLC dba Cowabunga Bay Water Park and its two managing members, West Coast Water Parks, LLC and Double Ott Water Holdings, LLC.  The 7 managers of West Coast and Double Ott LLCs have an ownership interest in, or manage, the member-LLCs and also serve on the management committee governing the water park itself.

Stop Burning Your Core! Ensure Your Gym Rats Leave With Contracts

Author: Terra Davenport | December 1, 2017 4:30pm
California's Health Studio Services Act applies to all contracts for services between a consumer and gym.[1] (Civil Code §1812.82 et seq.)  "Any contract for health studio services which does not comply with the applicable provisions of this title shall be void and unenforceable as contrary to public policy." (Civil Code §1812.91.)

Crossing The Line Of Duty: California Supreme Court Limits Duty Of Commercial Property Owners To Control Traffic Collisions In Valisenko v. Grace Family Church

Author: David Kahn | December 1, 2017 4:27pm
Should the owner of land abutting a public street be held responsible for a traffic collision between a motor vehicle and a jaywalking invitee?   The California Supreme Court says no.  On November 13, 2017, the Court issued a significant premises liability opinion overturning the Third District Court of Appeal and limiting the duty of commercial property owners who operate a business abutting a public street.  (Valisenko v. Grace Family Church (11/13/17) WL 5243812).  Specifically, the Court held a landowner does not have a duty to assist invitees in crossing a public street so long as the street’s dangers are not obscured or magnified by some condition of the landowner’s premises or by some action taken by the landowner.  (Id. at p. 1).  As set forth below, the key to the Court’s holding is the proximity of the relationship between the landowner’s conduct and the invitee’s and who should as a matter of public policy ultimately bear the burden of preventing such accidents.

Nevada Supreme Court Broadens Scope of Determining Innkeepers’ Duty to Protect Patrons from Injuries Caused by Third Parties on Its Premises

Author: Margaret Schmidt | November 5, 2017 11:03am
In the early morning hours of April 10, 2010, Carey Humphries (“Humphries”) was walking through the casino floor at New York-New York Hotel & Casino (NYNY) when another patron, Erick Ferrell (“Ferrell”), made unwanted advances and lewd comments towards her.  After Humphries made a “spitting gesture” and turned to walk away, Ferrell attacked her, resulting in a skull fracture and other injuries.  Lorenzo Rocha (“Rocha”) was playing at a nearby slot machine and attempted to intervene, receiving injuries to his face and head from doing so.

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