Category: Articles, Premises Liability, Resources for Attorneys, Resources for Experts, Safety Negligence vs Gross Negligence TASA ID: 4009 Joining a health/exercise center these days often includes signing some form of hold harmless agreement which absolves the center from acts of negligence. If a member is injured and sues, then plaintiff has to show that the club had committed gross negligence. I recently worked as a plaintiff’s expert on such a case. A health club member was injured when he attempted to mount an elliptical exercise machine which had been located too close to another. He was struck and injured by the moving part of the adjoining machine. Read more
Category: Environment, Landscape Architecture, Premises Liability Trees and Litigation: Considerations for Defendant and Plaintiff Cases TASA ID: 3447 Based on my experience working with plaintiff and defendant cases, this article focuses on trees in the urban landscape and provides information that may prove useful for attorneys to consider in tree-related cases. Read more
Category: Premises Liability, Product Liability, Safety, Security Recent Fires Turn Safe Deposit Vaults Into Ovens TASA ID: 1018 Over the past few months, the events that followed damaging fires at several financial institutions across the nation have significantly affected our safe deposit industry. These fires were caused by severe lightning strikes, electrical wiring problems and a carelessly discarded cigarette. After fires totaled all of these facilities, each one was confronted with some very difficult challenges and tough decisions. Read more
Category: Premises Liability, Real Estate, Safety, Security Aging Malls Breed Litigation TASA ID: 396 Prior to October of 2012, my previous shopping center personal injury case was in 2004. Since last October, I have been asked to serve as an expert witness in four litigation matters involving serious personal injury or wrongful death that happened in or around regional malls. In my analysis of this unique cluster of cases, it occurred to me that they all shared a common, but poorly understood, element that I thought worth sharing with readers of The TASA Knowledge Center. Read more
Category: Accident Analysis / Reconstruction, Athletics, Premises Liability, Safety Inappropriate Buffer Zones in Sports and Recreation May Lead to Litigation TASA ID: 658 A young girl in a daycare gymnasium ran to access a low trampoline which was in close proximity to an unpadded wall. She tripped on the egress of the mat ramp, sustaining a head injury. Three of the gymnasium walls were padded, while the fourth was not padded, thus creating a double standard of care. There have been many sport/recreation litigation cases in which the proximate cause for the injury is related directly to inappropriate safety zones on the court or field, or in the gym. Read more
