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Tag Archives: liability

Workers’ Compensation – Ship Owner Undertook Ice Clearing (access required)

Bunn v. Oldendorff Carriers GmbH Co. KG Although ice onboard a carrier ship scheduled to be loaded with coal on a winter night may have been an open and obvious hazard, the ship’s chief officer undertook to have the path cleared to allow the loading, and a longshoreman who slipped on the ice and was injured can collect benefits under the Longshore and Harbor Workers’ Compensation Act, the 4th Circuit says.

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Tort/Negligence – Personal Injury – Donated Equipment – Forklift – Roll Bar – No Seatbelt (access required)

Stuart v. Springs Industries Defendant donated a forklift to the city for which plaintiff worked, and plaintiff’s own evidence shows that the forklift was originally sold with a RollOver Protection System (ROPS) and without a seatbelt. Furthermore, the forklift was originally sold to an entity other than defendant in 1966 when seatbelts were not available.

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Insurance – CGL Policy – Septic Tank Failure – Loss of Use — ‘Impaired Property’ (access required)

State Auto Property & Casualty Insurance Co. v. Howard Even though the defendant-septic contractor’s commercial general liability policy covers “loss of use”, since the defendant-homeowners’ property was restored by the replacement of the defective septic tank, their loss of use claim is barred by the policy’s “impaired property” exclusion.

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