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Full-Text Articles in Law
Damages From Slip And Fall Injuries, Gibson B. Witherspoon
Damages From Slip And Fall Injuries, Gibson B. Witherspoon
Cleveland State Law Review
The doctrine of assumption of risk as applied to icy sidewalks and store entrances contain the following elements: (1) Knowledge and appreciation of the danger, (2) The existence of a reasonable alternative route; (3) A voluntary election to encounter danger.
Torts On Boats And Yachts, Jeffrey A. Rich
Torts On Boats And Yachts, Jeffrey A. Rich
Cleveland State Law Review
Summer is here, and boaters eagerly sail or drive their gems-of-the ocean in summer fun. To the lawyer, the boating season means personal injury cases of a special, and possibly, unfamiliar nature. Torts on yachts usually fall within United States admiralty law jurisdiction. We shall sketch the applicable law-for those who read as they run (over the waves).
Negligent Design Of Sports Facilities, Bernard Mandel
Negligent Design Of Sports Facilities, Bernard Mandel
Cleveland State Law Review
The scope of this note is limited to the design of sports facilities and the duties of owners and participants relative thereto. Faulty construction and faulty maintenance of the facilities are not within its purview.
Bowling Alley Tort Liability, Matthew J. Koch
Bowling Alley Tort Liability, Matthew J. Koch
Cleveland State Law Review
Tort liability of the bowling alley proprietor or operator has become a common problem with the increased popularity of bowling. The two principal grounds upon which tort liability of the proprietor or owner may be predicated are negligence and nuisance.
How F.E.L.A. Became Liability Without Fault, Gaspare A. Corso
How F.E.L.A. Became Liability Without Fault, Gaspare A. Corso
Cleveland State Law Review
The Federal Employers' Liability Act supersedes the common and statutory law of the states ("There is no federal common law"), and this is true regardless of where the action is brought. Under common law, the injured employee was faced with the burden of proof and obliged to overcome the defenses of contributory negligence, assumption of risk and the fellowservant rule. But it is apparent that Congress was dissatisfied with the common law approach to the master-servant relation-ship. The practical effect (at the very least) of the F.E.L.A. is to abolish many of the defenses available at common law to an …
Illusory Defense Of Contributory Negligence In Product Liability, George E. Bushnell Jr.
Illusory Defense Of Contributory Negligence In Product Liability, George E. Bushnell Jr.
Cleveland State Law Review
As is readily apprehended, contributory negligence in the defense of a product liability action is a can of worms. But, if it is recognized that there is no such thing as "contributory negligence" and that the defense contemplated is that of abnormal, unintended, or unforeseen use, or is that of assumed risk, or that of lack of due care, then there may perhaps be order brought out of chaos. However, it is strongly suggested that even these defenses are, in the absence of uncontrovertible facts, no panacea for defendants. There are much better ways to beat a product liability claim …
Contributory Negligence In Product Liability, S. Burns Weston
Contributory Negligence In Product Liability, S. Burns Weston
Cleveland State Law Review
This article does not purport to be exhaustive. It does explore the extent to which classical defenses of contributory negligence, assumption of risk and their relative, "misuse of product," are available in product liability actions. Caveat: By the time this printer's ink is drysome of these applications may be available no longer.