Real Estate Newsletter

• Foreclosure Considerations in Bankruptcy
  Prior to the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), directly upon filing for federal bankruptcy relief, the bankruptcy court would issue an “automatic stay.” The stay is... Read more.
• Antitrust Laws Restrict Broker Conduct
  The federal Sherman Antitrust Act prohibits any combination, contract or conspiracy in restraint of trade, violations of which are subject to civil and criminal sanctions. The Sherman Antitrust Act became law in 1890. However,... Read more.
• Conservation Easements Role in the Regulation of Private Land
  The Fifth Amendment to the U.S. Constitution states, in part, that private property shall not be “taken for public use, without just compensation.” In order to take property, the government must first condemn it through... Read more.
• Land Sale Scams Covered by ILSFDA
  Prompted by an increase in land sale scams in the 1960’s, Congress passed the Interstate Land Sales Full Disclosure Act (ILSFDA) in 1968. Administered by the Federal Department of Housing and Urban Development (HUD), the ILSFDA... Read more.

• Real-estate bubble risks are dwindling across the world with higher interest rates taking froth out the market, UBS says
• ‘Million Dollar Listing’ Star Co-Founds Media Business About Real Estate
• Rich Dad Poor Dad’ author Robert Kiyosaki says Airbnb is set to spark a real estate market crash
• Why is the current housing market so expensive? “Blame the boomers,” one economist says.
• Washington Couple Defends Their Wing Walking Business Despite Recent Lawsuit and FAA Investigation

Slip and Fall Injuries

There is no concise formula to determine whether injuries sustained from a fall are the responsibility of another. Each case is individually evaluated to see if the business or property owner was careful to prevent any injuries. The injured individual is also evaluated to see if they were acting carelessly when the slip and fall took place. In order for a property or business owner, or one of their employees, to be held liable for a slip and fall injury, the following are evaluated on a case-by-case basis.

The property owner, business owner or their employee(s):

• Must have caused a rough spot, a slippery situation, or a bulge or tear in the flooring of the premises
• Must have known that there was a dangerous area on their premises, but did nothing to alleviate the problem
• Should have known that there was a dangerous area on the premises because a person in their situation would have taken precautions to remedy the danger

Determining Reasonable Care of a Property or Business

Property and business owners have a duty to protect visitors, patrons or customers on their property from harm. However, their legal duty to protect their visitors, patrons or customers is based upon a reasonableness standard. A reasonableness standard is one in which an ordinary person in the shoes of the business or property owner would have done or not done something in order to make their business or property safe. Here are some questions to determine if the business or property owner used reasonable care to ensure the safety of others:

• Had the dangerous spot on the premises been there long enough that the owner had ample time to correct the problem?
• Does the owner have a documented procedure, regularly used, to prevent and remedy dangerous situations on the property?
• Did poor lighting or broken or burnt-out lights contribute to the problem area?

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