Category Archives: Premises Liability

Premises Liability News

As 2017 Comes to a Close, Minnesota’s Appellate Courts Continue to Grapple with the Issue of Foreseeability in Tort Cases

In 2017, the Minnesota Supreme Court has grappled with the issue of foreseeability in a variety of tort cases.  In particular, the supreme court has been asked in product- and premises-liability cases to determine whether the issue of foreseeability should … Continue reading

Posted in General Liability, Liquor Liability, Motor Vehicle, Premises Liability, Products Liability | Leave a comment

The Common Enterprise Defense is Alive and Well, But Still Not Without Limits

OLWK Attorneys Brian McSherry and Lance Meyer recently co-authored an article regarding the Minnesota Supreme Court’s decision in Kelly v. Kraemer Constr., Inc., in which the court broadly applied the common-enterprise defense after a twenty-year hiatus.  As discussed in a … Continue reading

Posted in Business and Commercial Law, Construction Law, Employer Liability, Premises Liability, Subrogation, Workers' Compensation | Leave a comment

Minnesota Supreme Court Issues Anti-Manufacturer Decision in Products-Liability Case and Grants Review in Another Significant Case for Product Manufacturers

The Minnesota Supreme Court recently took action in two products-liability cases we have been monitoring. First, the court issued its decision in Montemayor v. Sebright Products, Inc., A15-1188 (July 12, 2017), a case stemming from an incident in which a … Continue reading

Posted in Construction Law, Insurance Coverage, Premises Liability, Products Liability, Property and Fire, Subrogation | Leave a comment

Minnesota Court of Appeals Rules Immunity Under Recreational Use Statute is Only for Landowners Opening Lands to Community at Large

In an opinion issued this morning, the Minnesota Court of Appeals ruled the immunities afforded to landowners under the recreational use statute (Minn. Stat. 604A.20 et seq.) are only available to those landowners who open their private lands to the … Continue reading

Posted in Business and Commercial Law, Community, General Liability, O'Meara, Leer, Wagner & Kohl News, Premises Liability | Leave a comment

Attorneys O’Meara, Thornsjo and Leer Named 2016 SuperLawyers; McSherry Named Rising Star

O’Meara, Leer, Wagner and Kohl is proud to announce that three of the Firm’s shareholders –Shamus P. O’Meara, Timothy J. Leer and Dale O. Thornsjo – have once again been recognized as “Super Lawyers” by their peers in Minnesota.  Joining them this … Continue reading

Posted in Alternative Dispute Resolution, Business and Commercial Law, Construction Law, Education Law, General Liability, Insurance Coverage, Motor Vehicle, O'Meara, Leer, Wagner & Kohl News, Our People, Premises Liability, Products Liability, Professional Liability | Leave a comment

COVERING ALL THE BASES: LEGAL NEWS FROM THE WORLD OF BASEBALL

On July 15—after almost thirty years—Major League Baseball’s All-Star Game returns to the City of Minneapolis, where the best players in the game will be showcasing their talents in front of a packed Target Field. With numerous festivities and exciting … Continue reading

Posted in Business and Commercial Law, General Liability, Liquor Liability, O'Meara, Leer, Wagner & Kohl News, Premises Liability, Uncategorized | Leave a comment

MN Court of Appeals Allows Housing Court to Award Damages

The Minnesota Court of Appeals recently upheld the right of a Minnesota Housing Court to award monetary damages to an evicted tenant.   In Yolanda Bass vs. Equity Residential Holdings, LLC, the Hennepin County District Court ruled that a tenant evicted … Continue reading

Posted in Business and Commercial Law, General Liability, Premises Liability | Leave a comment

O’Meara, Leer, Wagner & Kohl, P.A. Obtains Dismissal of Premises Liability Claim

In November 2010, Plaintiff walked out of a tavern front door, slipped and fell, sustaining injuries.  A freezing sleet storm had begun a short time before Plaintiff exited the tavern.  O’Meara, Leer, Wagner and Kohl represented the Defendant tavern owner.

Posted in Premises Liability | Leave a comment