Home -> Law Blog Directory -> Personal Injury Law Blogs -> Day on Torts
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Personal Injury Law
: Day on TortsState Found Liable For Beating on UT Campus
By John A. Day
The Tennessee Court of Appeals has affirmed an en banc ruling of the Tennessee Claims Commission and ruled that the the State was liable for damages suffered by a college student as a result of being beaten after she left a parking garage on the University of Tennessee campus.
To reach that result, the Court first held that the McClung decision was applicable to the State of Tennessee. The Court then examined the evidence and determined that the plaintiff met the burden of proving that "(1) that there was a negligently created or maintained dangerous condition on state controlled real property; (2) the risk was foreseeable; and (3) that notice was given to the proper state officials at a time sufficiently prior to the injury for the state to have taken appropriate measures." Finally, the Court found that legal cause was present under the facts.
The decision is a nice reminder of what a plaintiff must prove to impose liability on a premises owner for failure to guard against criminal conduct by third persons. Read the opinion here.
Full post as published by Day on Torts on March 18, 2008 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
US Army Helicopter Crashes On Campus
1 Crew Member dies
Football-Related Dementia and Workers' Compensation
Football-Related Dementia Is the NFL Liable?
FenPhen
Serious Heart Problems Found In Ex-Users
Paxil
Found to Damage Sperm and Inhibit Fertility
Pfizer, Pharmacia
Found Guilty of Medicaid Fraud
Clarcon Skin Products
Found to Contain Infectious Bacteria

Arizona Considers Allowing Guns On Campus
Who is liable for the campus shootings: Part One
Who is liable for the campus shootings: Part 2
WHo is liable for campus shootings: Part 3
Kia Liable for $6M for Brake Defects








