Employers Become OSHA Investigators Under Updated Virus Rules
ASK WHEN YOU LEARN OSHA standards for COVID 19, updated on May 19, 2020, uses reporting requirements to turn employers into investigators of their own jobsites. The employer must use reasonable efforts to reach conclusions on the questions – Has the pandemic visited your worksite? Was the employee’s COVID work-related? OSHA (the Federal Department of… Read More »Employers Become OSHA Investigators Under Updated Virus Rules
A condo association can recover against the builder or developer for negligently performed construction according to a 2012 Massachusetts Appeals Court case Wyman v Ayer Properties. The case interpreted a rule few really understand – the economic loss rule. The rule is based on the idea that lawsuits between people who have no contract with… Read More »Developers Stuck with Common Area Suits
Designers on Hook Where Cover Excluded Required Element
When the contract mandates specific coverage, be sure you have it. Designers were found to have breached their contract to procure insurance naming an Ohio hospital as additional insured on the designer’s General Liability coverage. The insurance required under contract was to provide coverage for bodily injury “caused by a biological agent or bacteria”. In… Read More »Designers on Hook Where Cover Excluded Required Element
Court to Hollister – Tear Down That Entryway Stair
The staircase entry to a Massachusetts Hollister retail shop was found to be an architectural access barrier. Take it down the Board said. The store appealed, arguing that people with physical challenges could easily get in through another, near-by entrance. A brief and commentary about the decision in Massachusetts Appeals Court is here. The store… Read More »Court to Hollister – Tear Down That Entryway Stair
Court Delivers Domino’s From Lawsuit – Franchisor Not Liable to Attacked Deliveryman
National franchise chains work with local owners under agreements that impose brand requirements. Massachusetts Appeals Court decided in Lind v Domino’s Pizza LLC the Domino’s Pizza franchisor had no possible liability in a case brought for a delivery driver who was murdered delivering pies in the middle of the night. There is a general… Read More »Court Delivers Domino’s From Lawsuit – Franchisor Not Liable to Attacked Deliveryman
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