Premises Liability

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Recently, the New Jersey Supreme Court issued a decision in Prioleu v. Kentucky Fried Chicken, Inc. (074040) in which it addressed the mode-of-operation rule and its application to a fall in a fast food restaurant. Significantly, the Court clarified that mode-of-operation applies only to situations where the customer foreseeably serves …

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The Georgia Supreme Court has raised the bar on when a party must preserve evidence. It is clear that the duty to preserve relevant evidence arises when litigation is reasonably foreseeable to the party in control of evidence. Actual notice from a potential plaintiff clearly makes litigation foreseeable. However, constructive …