Written by Rachel Stewart Edited by Brian Cafritz When dealing with a restaurant or retailer’s obligations to protect invitees from fights or other violent acts, the phrase “danger zone” is more than a catchy phrase from the “Top Gun” soundtrack. New rulings have broadened the “danger zone” or “zone of imminent harm” that a business must recognize to avoid potential liability from criminal conduct. Under Maryland law, restaurants and retailers may be liable for a patron’s personal injuries caused by the criminal acts of a third party when the business is deemed to possess certain knowledge and a presumed ability to foresee the harm to their patrons. There are three recognized theories of negligence in which the courts will impose a duty on restaurants and retailers to protect customers from criminal activities: When the property owner has knowledge of prior similar incidents and has failed to eliminate conditions that contributed to the criminal activity, such as providing security personnel, lighting, locks and similar instrumentalities; When the property owner has knowledge of prior conduct of the criminal actor thereby making the criminal activity foreseeable; or When property owner has knowledge of events occurring on the premises prior to and leading up to the criminal action, which make imminent harm foreseeable. Recent rulings have looked at the third theory – whether or not imminent harm is foreseeable. The majority of Maryland’s case law dealing with the foreseeability of imminent harm test focuses on the property owner’s knowledge of events then occurring on their premises. The takeaway from these cases is that if a restaurant or retailer has reason to foresee imminent...
Written by Andrew Willis, Esq. Edited by Rachel Riordan, Esq. Whether a claimant suffered an “injury by accident” that arises out of and occurs in the course of employment usually takes an undue amount of time during a recorded statement. The factual variations are endless and the black letter law is often blurred, making it hard to know where to focus your questioning. Luckily, lack of timely notice is relatively straightforward and this defense is often neglected during recorded statements. In general, an injured worker needs to notify a supervisor of a work accident within 30 days. If an injured worker fails to give legally sufficient notice, that worker’s claim can be completely barred – even if they sustained a compensable “injury by accident.” In other words, lack of timely is a very powerful defense. It can give you a clear, reliable reason to deny an otherwise compensable claim. What follows are crucial questions to ask about notice during a recorded statement, along with a brief explanation of the law on notice. 1. Who Did You Tell? The Workers’ Compensation Act requires notice to the “employer” pursuant to §65.2-600. Of course, this means some specific person. The cases discuss the need to tell a “foreman,” “superior officer,” or “supervisor.” In other words, telling a co-worker isn’t enough. Get the claimant to identify who the claimant considered to be the “boss” and find out whether the claimant told that person. Also, because there may be more than one supervisor, have the claimant list all supervisors, any other people the claimant believed should be informed of work accidents, as well as...
Written by Gary Reinhardt, Esq. With significant statutory changes looming, the Virginia Supreme Court expanded the reach of Underinsured Motorist coverage in the case of Bratton v. Selective Insurance, decided on September 17, 2015. In Bratton, the plaintiff’s decedent, a dump truck driver, was an employee of a paving subcontractor working on a highway asphalt project. The plaintiff’s decedent hauled hot asphalt to the job site and dumped the asphalt into the bucket of a front end loader. The dump truck driver’s job required him to periodically exit his dump truck to check for spillage of the asphalt. Given that the job was being done at night, as an additional safety measure, the superintendent for the paving subcontractor parked his pick-up truck with flashing lights and headlights illuminated at the start of the work zone. The pick-up truck was parked approximately 200 feet from where the dump truck stopped to unload asphalt. At the time of the accident, the decedent had exited the cab of his dump truck and was standing near the truck. He had been out of the truck for less than 30 seconds when two drunk drivers barreled past the superintendent’s pick-up truck and struck the front end loader. The decedent was found pinned between one of the drunk driver’s vehicles, the front end loader and the rear of the dump truck. He died as a result of his injuries. The plaintiff claimed that both the UIM policy of the dump truck and the UIM policy of the pick-up were available to the dump truck driver’s estate; the dump truck’s policy under the theory that the...
KPM LAW is proud to announce the addition of several new attorneys to the Fairfax and Roanoke offices. Please join us in welcoming Lauren, Lindsey and Ryan to our practice. “Our legal talent is the strongest it has been in the 25 year history of the firm and it keeps getting stronger with each new hire,” remarked firm President Chip Kalbaugh. “The level of intellectual capital within our firm blows my mind. The addition of Lauren Gibbons, Ryan Walsh, and Lindsey Hunt brings geographical diversity, with an international flair. Our goal is to assemble talented lawyers who can see and feel cases from all possible angles. The law is the law, but individuals’ experiences help shape our unique approach to case strategy and resolution. When we say ‘One Firm. Your Firm’ we mean it. You get all of us.” Please visit our associates bio page by clicking on the photos above to learn more about each of...
Technology allows people access to information and each other like never before. As technology improves, the ability to share information becomes easier. Unfortunately, our children are ahead of us in how to use this technology. Sexting, the dissemination of inappropriate material or images via text message or other technology, is a growing issue. Almost one-fifth of the teenage population admits to this practice. Serious consequences arise from this, particularly if the sharing goes further than what was intended. While there are few reported civil cases regarding “sexting,” the harm caused will certainly result in insurance claims and lawsuits. Several policy provisions need examined in order to determine coverage. First, is “sexting” an “occurrence?” Next, has the claimant suffered “bodily injury?” Is the “personal injury” coverage triggered as an invasion of privacy or some sort of injury to reputation or character? Finally, does the intentional act exclusion bar coverage to the person sharing the information or image? The homeowners claim will require extensive investigation, including interviews with upset parents and children. Law enforcement and school officials may also be involved. Possession of the inappropriate content, even as part of a claims investigation, may create complications for the claims professional, too. Be sure to get the advice of counsel on all the potential pitfalls surrounding your investigation to protect you, your insured and any of your insured’s family as the situation...
Can you imagine swimming 2.4 miles in open water, cycling 112 miles, then running a marathon race over 26.2 miles AND trying to do it all in under 10 hours? Since 2007, Danny Royce has completed seven (7) full Ironman competitions on the way to his ultimate goal of qualifying for the Ironman World Championships in Kona, Hawaii. Widely considered one of the most difficult one-day sporting events in the world, Danny has come extremely close to qualifying in several of his recent finishes. There is no doubt that he will soon meet that challenge; He has already qualified for the 70.3 (a half Ironman) World Championship to be held in Australia in September 2016. Not only are we amazed at Danny’s extreme dedication and hard work towards his personal goals, we are proud that he practices law with the same energy. Before completing law school and joining KPMLAW, Danny attended Cornell University where he earned a B.S. in Applied Economics and Management magna cum laude. During that time he was a two-year captain of the varsity men’s swim team and a three time MVP. “Nobody is going to outsmart him, and I’m damn confident nobody will out work him!” says firm president Chip Kalbaugh. “This young man is impressive in every aspect of his life. I’m thankful every day that Danny is a part of our team, because I’d sure hate to be up against him. He’s a standout. ” To learn about Danny Royce on a professional basis please visit his profile. To learn more about his extreme racing and his training regimen visit his blog. ...
