Premises Liability

Virginia Supreme Court Further Restricts Liability for Third-Party Criminal Acts, Holding that a Tort Claim Based on the “Voluntary Assumption of Duty” Theory Requires the Assumption of Duty to Be Expressly Assumed, Not Merely Impliedly Assumed

On September 27, 2018, the Virginia Supreme Court released its decision in the Terry v. Irish Fleet, Inc. case, further clarifying limitations on the ability for victims of criminal acts to bring suit for their injuries and damages against persons who did not commit the criminal acts.  In affirming the trial court’s dismissal of the … Read moreVirginia Supreme Court Further Restricts Liability for Third-Party Criminal Acts, Holding that a Tort Claim Based on the “Voluntary Assumption of Duty” Theory Requires the Assumption of Duty to Be Expressly Assumed, Not Merely Impliedly Assumed

Court of Appeals of Maryland Holds that the Statute of Repose is Not Available as a Defense to Those in Possession or Control of Real Property

In the SVF Riva Annapolis, LLC, v. Gilroy case, the Court of Appeals of Maryland considered the application of the statute of repose defense under § 5-108 of the Courts and Judicial Proceedings Article of the Code of Maryland to the owner of a property where an accident took place. The Court of Appeals held that CJP … Read moreCourt of Appeals of Maryland Holds that the Statute of Repose is Not Available as a Defense to Those in Possession or Control of Real Property