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LIABILITY LAW HEADLINES.. .. Nevada Supreme Court: A violation of the Uniform Building Code, adopted by the local municipal building official is negligence per se. Vega v. Eastern Courtyard Associates June 13, 2001 California Supreme Court: To recover from apartment owners for damages caused by the criminal conduct of third parties, the plaintiff must demonstrate: 1) that the defendant owed the plaintiff a legal duty 2) the defendant breached the duty and 3) the breach was a proximate cause of the injury. In satisfying the third prong, the plaintiff must show some nexus between the omission of security and the injury. The plaintiff must show that the defendant's omission was a substantial factor in bringing about the injury. Foreseeability is not enough, instead plaintiff must also prove that the additional security would have prevented the injury or that the omission of security actually caused the injury. Saelzler v. Advanced Group 400 June 1, 2001 Mississippi Supreme Court: The need to adopt a "product line" approach to successor corporate liability is indicated but not applied in this particular case. The prior rule, that a corporation that acquires all of the assets, but no stock, of another corporation does not also acquire the debts and liabilities of the original, is likely to be thrown out. Under the product line theory, successor corporations that manufacture the same products as the predecessor are liable for injuries caused by defects in that product and inherit the liabilities associated with the product even if specific product was manufactured and sold by the predecessor corporation. The theory is that, under the product line approach, preceding and succeeding manufacturers together are in a better position to insure against defective products. The compensation of innocent victims is spread throughout society. Huff v. Shopsmith May 31, 2001 |
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