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Plaintiff Magazine

The Bunkhouse Rule

New decision shines light on an old rule regarding the exclusive Workers’ Comp remedy when employee lives on his employer’s premises

Andje Medina

From Issue: 2015 June

Take me out to the ballgame

Take me out to the ballgame

Sports-venue liability for spectator injuries – from lacrosse to baseball to track and field

Sanford Gage

From Issue: 2022 March

Notice in premises-liability actions

If you can’t prove actual or constructive notice, you likely don’t have a case

Martin I. Aarons

From Issue: 2012 November

Naming rights

Finding and naming the proper entities in a premises case

Miles B. Cooper

From Issue: 2014 June

Mop up the defense

Slip-and-fall discovery plans that include key admissions to use at trial

Teresa Johnson
Brandon Salumbides
Taylor Kruse

From Issue: 2024 April

How to take a tough slip-and-fall case and get big results

These cases demand careful client screening, prompt investigation, preservation of evidence and a thorough discovery plan

Elise R. Sanguinetti

From Issue: 2012 November

Thanks for the report

A guide to using Motion to Compel to secure defendant’s incident report; overcoming the common defense claim of privilege

Brendan Gannon
Nancy A. McPherson

From Issue: 2021 October

Subsequent remedial measures

Getting them into evidence and using them to your advantage

Loren Schwartz

From Issue: 2017 October

Non-delegable duties in workplace injuries

Identifying and proving that a property owner had a non-delegable duty may give rise to your civil lawsuit

Loren Schwartz

From Issue: 2018 December

My dog ate your evidence: Shifting the burden of proof in premises-liability cases

A burden shift may occur if there has been a misuse of the defendant’s superior control over evidence

Jeremy Cloyd

From Issue: 2012 July

Look to the contract to defeat implied delegation

Look to the contract to defeat implied delegation

Do not let Privette’s implied delegation shift the cost of defendant’s harm onto plaintiffs and workers’ compensation carriers

Alan Van Gelder

From Issue: 2023 May

Hazardous trees

Hazardous trees

For injuries from a falling tree or branch, you need to navigate around the immunities to establish liability

Jeremy Cloyd

From Issue: 2020 October

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