Resort Liability and Expert Testimony: Analysis of Pousson v. D’Andrea
Plaintiff sustained injuries in a golf cart accident on a resort property. The case explores whether the resort breached its duty of care by failing to enforce adequate management standards and safety protocols for vehicle operation.
Defense Secures Absolute Verdict in $1M Landlord-Tenant Porch Fall
Reinforces the “simple misstep” defense in Delaware. A jury rejected a tenant’s claim that a slightly uneven porch board constituted an actionable defect, protecting landlords from liability for minor structural variations.
Tolliver v. Musser: Landlord Code vs. Common Law Negligence
Clarifies that plaintiffs cannot bypass traditional negligence elements (notice and control) by simply citing violations of the Delaware Landlord-Tenant Code. The code supplements but does not override common law duties.
Selbyville Balcony Fall Exposes Limits of Guest Premises Statute
Explores the “Economic Benefit Exception.” Property owners in commercial contexts cannot rely on the Guest Premises Statute (25 Del. C. § 1501) if a visitor’s presence provides a tangible business benefit.
Topic: 25 Del. C. § 1501
Supreme Court Ruling
Ryan v. Sea Colony: Supreme Court Dismantles Vague Liability Waivers
A landmark reversal where the Supreme Court ruled that agency relationships cannot be implicitly assumed to extend liability waiver protections to third-party management firms. Key Takeaway: Waivers must be crystal clear and unequivocally identify the specific entities protected. Generic “associated entities” language is insufficient for third-party agents.
Disclaimer: The premises liability summaries provided above are for informational purposes based on public news records available for Delaware (DE). The information provided is gathered from public news sources. It does not constitute legal advice. For specific legal guidance regarding an incident, please consult with a qualified professional.
