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Articles by Ellen King
Skating Through Snow and Ice Mishaps - A Primer in Connecticut’s Premises Liability Law | JD Supra
The elements of a cause of action for negligence are well established: duty, breach of that duty, causation, and actual injury. Pelletier v. Sordoni/Skanska Const. Co., 286 Conn. 563, 593 (2008). “The status of an entrant on another’s land, be it trespasser, licensee or invitee, determines the duty that is owed to the entrant while he or she is on a landowner’s property.” Salaman v. Waterbury, 246 Conn. 298, 304-05 (1998).
Skating Through Snow and Ice Mishaps - A Primer in Maine’s Premises Liability Law | JD Supra
In order for a plaintiff to prevail in Maine, a plaintiff must prove, a preponderance of the evidence, that plaintiff slipped on ice and snow because there was an accumulation of snow and/or ice on the premises that was a proximate cause; that the condition had been present for a time of sufficient duration before the plaintiff’s injury to enable a reasonably prudent person to discovery and remedy or warn of it; and that the defendant knew of the snow and/or ice accumulation and failed to...
Skating Through Snow and Ice Mishaps - A Primer in Massachusetts’ Premises Liability Law | JD Supra
Massachusetts has a similar negligence standard to Connecticut but has different laws as applied to landowners in snow and ice liability cases. The Massachusetts Supreme Judicial Court (“SJC”) abolished the distinction between natural and unnatural accumulations of snow and ice in premises liability cases, abolishing the prior standard whereby owners of land could not be found liable for any natural accumulations of snow and ice. Papadopoulos v. Target Corp., 457 Mass. 368 (2010).
Skating Through Snow and Ice Mishaps - A Primer in New Hampshire’s Premises Liability Law | JD Supra
In New Hampshire, “[a] premises owner owes a duty to entrants to use ordinary care to keep the premises in a reasonably safe condition, to warn entrants of dangerous conditions and to take reasonable precautions to protect them against foreseeable dangers arising out of the arrangements or use of the premises.” Rallis v.
Skating Through Snow and Ice Mishaps - A Primer in Rhode Island’s Premises Liability Law | JD Supra
Under Rhode Island law, owners and possessors of property have an affirmative duty: “to exercise reasonable care for the safety of persons reasonably expected to be on the premises, and that duty includes an obligation to protect against the risks of a dangerous condition existing on the premises, provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition.” Tancrelle v.
Skating Through Snow and Ice Mishaps - A Primer in Vermont’s Premises Liability Law | JD Supra
In Vermont, an owner has a duty to use reasonable diligence to maintain its property in a reasonably safe and suitable condition and to remedy conditions that he is or should be aware of. McCormack v. State, 150 Vt. 443, 446 (1988); Wakefield v. Tygate Motel Corp., 161 Vt. 395, 398 (1994). A landlord must remedy dangerous conditions even if the tenant rented with knowledge of the condition. Favreau v. Miller, 156 Vt. 222 (1991).
Is An Adverse Reaction To An Employer-Mandated COVID-19 Vaccine Compensable Under New England States' Workers’ Compensation Acts? | JD Supra
With the availability of COVID-19 vaccinations and anticipated push to vaccinate the general public in the coming months, it is expected that many employers will mandate that their workers obtain a vaccination either prior to returning to the workplace or as a requirement to remain employed.
Delayed Jury Trials Across New England Continue - What Options Do You Have in Moving Cases Forward? | JD Supra
Since March 2020, jury trials have been suspended at varying times in the six New England states – Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. Due to the recent spike in COVID-19 infections across the region, many courts have delayed the resumption of criminal or civil jury trials. Connecticut, Vermont, Massachusetts, and Maine had all scheduled limited resumption of jury trials between August 2020 and November 2020.
The PAID Act and Its Impact on Medicare Secondary Payer Reporting | JD Supra
The Provide Accurate Information Directly ("PAID") Act was signed into law on December 11, 2020, as part of H.R. 8900, which extended the government's fiscal deadlines. Title III of the PAID Act requires the Centers for Medicare & Medicaid Services (CMS) to increase its process in identifying whether a claimant is currently entitled to, or during the preceding 3-year period has been entitled to, Medicare Part C and/or Medicare Part D.
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