Search for: "Occupants of the Premises or Parties in Possession"
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10 Sep 2008, 7:15 pm
Many times extensive discovery and investigation will easily reveal that an entry or breech of security was easily prevented and therefore the owner of the property is civilly liable to an injured party for monetary damages. [read post]
25 Oct 2022, 6:25 am
Other third parties may also have legal liability, including the owner of the premises; and manufacturers of any defective products involved in the incident. [read post]
28 Feb 2010, 1:44 pm
Mr Yap had parted with exclusive occupation and had no say in the continuation of Mrs Islam's occupation. [read post]
28 Feb 2010, 1:44 pm
Mr Yap had parted with exclusive occupation and had no say in the continuation of Mrs Islam's occupation. [read post]
11 Oct 2022, 6:57 am
Premises Liability and Workplace Accidents: Third Party Injury Claims Workers’ Compensation and Third-Party Claims for On-the-Job Accidents. [read post]
4 Aug 2022, 6:57 am
Construction company employers and others in possession or control of aspects of the worksite will have legal duties of care and safety for all workers on the site regarding each and every power tool on the premises. [read post]
18 Aug 2011, 10:28 am
It is immaterial whether damages for the use and occupation are in fact claimed or not by the owner in an action against the trespasser. [read post]
16 Apr 2021, 8:17 am
” The court then turned to Indiana premise liability law, which provides only a possessor, controller, or person entitled to “immediate occupation” of the land has a duty to business invitees, like Branscomb, to prevent foreseeable harm from dangers on the land that were known or should have been known by the person. [read post]
19 Nov 2023, 1:16 pm
It certainly can be, but as per Rendlesham Estates v Barr on unfitness for occupation under section 1 Defective Premises Act 1972, it can also mean the property is not “capable of occupation without undue inconvenience or discomfort to the occupants. [read post]
13 May 2007, 8:49 am
P22 "[W]here two persons have equal rights to the use or occupation of premises, either may give consent to a search, and the evidence thus disclosed can be used against either. [read post]
12 Oct 2023, 6:08 am
Employers’ Duty to Protect Against Confined Space Danger All employers as well as any other party with possession, access, or control of aspects of the worksite must be alert to all dangers on that site and do everything that is reasonable and prudent to keep workers safe on the job. [read post]
27 Nov 2019, 4:00 am
The parties had a landlord and tenant relationship, and in my view, nothing turns on the fact that the action was started after the tenant was no longer in possession. [read post]
6 Nov 2017, 1:48 pm
An ongoing obligation of support shall be determined at a later date pursuant to applicable law.(11) An order awarding temporary custody of a minor child….(12) An order requiring that a law enforcement officer accompany either party to the residence or any shared business premises to supervise the removal of personal belongings in order to ensure the personal safety of the plaintiff when a restraining order has been issued. [read post]
8 Nov 2018, 8:06 am
Further, as under Borello,supra, 48 Cal.3d at pages 353-354, 356-357, depending on the nature of the workand overall arrangement between the parties, a business need not control theprecise manner or details of the work in order to be found to have maintained the necessary control that an employer ordinarily possesses over its employees, but does not possess over a genuine independent contractor. [read post]
1 Jan 2024, 10:00 pm
The stay remains in effect until counsel is appointed, and the tenant retains possession of the premises throughout this process. [read post]
8 Dec 2011, 8:16 am
Even bandstands, stages, and party tents are subject to permitting rules, and are expected to be dismantled when they are done. [read post]
10 Mar 2014, 5:35 pm
Defendant occupant of the premises, appeared herein by answer. [read post]
11 Jul 2023, 7:21 am
Others may share a responsibility for the incident, as well, such as contractors entrusted with security on the job site; service companies contracted to maintain vehicles, buildings, alarms, etc.; and the premises owner as well as others with possession, custody, or control of aspects of the workplace. [read post]
27 Oct 2022, 6:47 am
For more, read our earlier discussions in: Premises Liability and Workplace Accidents: Third Party Injury Claims Multiple Employers on the Construction Site: Who Is Liable For Construction Worker Accidents? [read post]
5 Feb 2019, 1:19 am
Even if the person enjoys exclusive occupation of a room, normally a hallmark of a tenancy, these arrangements mean they may not have exclusive possession of it. [read post]
