Table of contents
22.1 Introduction
22.2 Duty
22.3 Breach of Duty
22.4 Causation
22.5.2 Natural Conditions
22.5.3 Vendor/Vendee
22.5.4 Landlord/Tenant
22.6 Existence of a Duty
22.6.1 Invitees
22.6.2 Licensees
22.6.3 Trespassers
22.6.4 Children
22.6.5 Owner Liability for Contractors
22.7 Liability of Persons Other Than Owners
22.7.1 Architects/Designers
22.7.2 Contractors
22.7.3 Subcontractos
22.7.4 Vendors of Land
22.7.5 Accepted Work Doctrine
22.7.6 Liability to Contractors’ and Subcontractors’ Employees
22.7.7 Standard of Care Contractors/Employees
22.8 Floors/Slips and Falls
22.9 Shared Spaces
22.10 Ingress/Egress
22.11 Seating
22.12 Stairs
22.13 Machinery
22.16 Canals and Waterways
22.17 Security/Acts of Third Persons
22.17.1 Invitee
22.17.2 Taverns
22.17.3 Parking Lots
22.17.4 Swimming Pools
22.17.5 Attractive Nuisance
22.17.6 Off-Premises Liability
22.17.7 Safe Workplace Laws
22.18 Firefighter’s Rule
22.19 Flood Waters
22.20 Defenses
22.20.1 Assumptions of Risk
22.20.2 Open and Obvious Conditions
22.20.3 Intervening and Superseding Cause
| Format | Title | File Size | Page Count |
|---|---|---|---|
| Premises Tort Liability | 215.04 KB | 25 | |
| Premises Liability Jury Instructions | 174.08 KB | 10 |
Steven Gross is a litigator and has extensive experience handling complex insurance coverage, professional liability, and catastrophic personal injury defense matters. Mr. Gross serves as national and regional coverage counsel for two large insurance carriers and has appeared in state and federal courts in Arizona, California, Kansas, Oklahoma, New Jersey, New Mexico, Colorado, Nevada, Alaska, Georgia, Louisiana, Virginia, Pennsylvania, Connecticut, Virginia, South Dakota, South Carolina, North Carolina, Utah, and California. Mr. Gross speaks and writes frequently on insurance law topics and has been recognized by Best Lawyers in America since 2019 in the areas of Insurance and Insurance Litigation. He is a contributing author for Couch on Insurance 3d, a nationally recognized authoritative treatise on insurance law often recognized and relied upon by courts and attorneys throughout the United States. He is also authored chapter 9 of Practical Tools for Handling Insurance Cases which aims to filter complex insurance coverage issues into an easily readable and digestible format for attorneys across the country and is published by West in 2011. Mr. Gross is one of the two managing authors and editors selected by the Arizona State Bar to create the Arizona Tort Law Handbook which has sold hundreds of copies to lawyers throughout the State of Arizona. He has published over twenty articles relating to insurance coverage, liability defense, and claims practices including chapter eight of the national Claims Adjuster’s Automobile Liability handbook published by West in 2009. He has been listed by Southwest Super Lawyers since inception and maintains an AV Preeminent rating with Martindale-Hubbell. Mr. Gross maintains an active CPCU “Chartered Property and Casualty Underwriter” certification through The Institutes.
is a senior member of The Cavanagh Law Firm in Phoenix where he maintains a national insurance coverage and extra-contractual defense practice. He has an LL.M. in Insurance from the University of Connecticut. He is the current successor author to COUCH ON INSURANCE 3D and has written other treatises on insurance law. He has published in excess of 350 law reviews and other professional publications on insurance law, in addition to several national insurance law treatises. He has been cited by the Supreme Courts of 34 states, the Intermediate Appellate Courts in 23 states, 12 of the Federal Circuit Courts of Appeal, 60 Federal District Courts, and the Federal Court of Claims. He has been cited in 95 scholarly articles. He has been continuously listed as a top 50 lawyer in Arizona (2007-2020) by Southwest Super Lawyers®. Only a few lawyers have been continuously on the list since its inception. He is recognized as a "Business Leader" (insurance) by Arizona Business Magazine and has been listed by Arizona Business Magazine as one of the top 100 lawyers in Arizona. Mr. Plitt has been listed in Best Lawyers® since 2007 (10+ years) (insurance) and was named the Insurance Lawyer of the Year by Best Lawyers® in 2012 and 2017 for Phoenix. He is also listed in Best Lawyers for the topic "Litigation - Insurance," and was the Lawyer of the Year in this category in 2020. He is a Fellow in the American College of Coverage and Extra-contractual Counsel. He is a Member of the American Law Institute where he was a consultative member on the development of the Restatement of Liability Insurance. He is a nationally recognized expert witness in insurance claim handling and bad faith cases and has been retained as an expert in hundreds of cases venued in 33 states. He is a former adjunct Professor of Law at ASU College of Law teaching insurance law. He is currently an Adjunct Professor of Law at the University of Arizona where he teaches insurance law.