Premises Liability Archives

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 case on demurrer (a motion to dismiss for failure to state a claim), the Court found that the amended complaint against several defendants alleging, among other things, that a taxicab fleet operator and dispatching service assumed a duty to warn cab drivers of suspicious calls from potential riders and was negligent in fulfilling that duty, was premised on an implied undertaking, and was therefore insufficient to state a tort claim based on the concept of assumption of duty. 

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

- SVF Riva Annapolis, LLC, v. Gilroy, No. 66, September Term, 2017, Decided June 25, 2018


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MacDonald Law Group, LLC

MacDonald Law Group, LLC
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