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Full-Text Articles in Law
Building Contractor's Liability After Completion And Acceptance, James Jay Brown
Building Contractor's Liability After Completion And Acceptance, James Jay Brown
Cleveland State Law Review
Schipper v. Levitt & Sons, Inc., held that a tract home-builder must defend his actions against the prima facie case established by an injured third party. The importance of this case lies in the application of a tort doctrine, previously applied exclusively to negligent acts by chattel manufacturers, to real property construction. This extension is shattering the ancient property concepts so much the bedrock of our Common Law. We will review that foundation and the old rules of non-liability as they concern the landowner, contractor, and third party, in order to grasp the significance of this new change in jurisprudential …
Defectively Designed Highways, Steven J. Erlsten
Defectively Designed Highways, Steven J. Erlsten
Cleveland State Law Review
There are many design standards, attitudes, and procedures which result in public highways with built-in design hazards and, when drivers are confronted with these hazards, the highways involved become laten tkillers. A defect of a highway by reason of its design will not be appa-ent to those unfamiliar with the problems of highway engineering. Thus, in the majority of accidents, the failing component is presumed to be the driver and little further investigation or thought is given to other factors. Highway fatality statistics prove that the driver cannot sustain the burden of correcting design shortcomings with driving skills, and an …