The basis to sue Cooper is he is the landowner and he owes certain duties to people who come on his property. What those duties are depends on teh status of the injurde person , ie trspasser, licensee or invitee.
Could it be described as a “manual elevator” or an “express stairway without a railing”? Too bad she didn’t fall in a Fox News anchor’s home. At least they are more likely to be successful.
l.z., in a perfect world all of that would be true. Unfortunately, we have generous (with other people’s money) judges who want to be the good guys and compensate any injured party no matter how culpable they are or what their relationship is/was to the defendant. If Ms. O’Brien’s injuries are truly semi-life-threatening (okay, so there probably isn’t a double hyphenated word in the dictionary), I’m betting she will be handsomely compensated by her semi-celebrity former client. The legalities typically matter not.
First things first. Is this a licensee person ? If so, she was obviously hired under specific contract to do whatever the job called for. She must provide, as an independent licensed contractor, specific workers comp. and general liability/completed operations to her client. Client, CNN actor, in this case,
becomes an additional insured under her insurance policies as listed above; including subrogations waivers, etc. etc.
So, she has no grouds whatsoever to sue her principal in the first place.
This is just a Media way of exploiting a
simple matter. You need to look at the contract provisions leading up to this work. Period.
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The basis to sue Cooper is he is the landowner and he owes certain duties to people who come on his property. What those duties are depends on teh status of the injurde person , ie trspasser, licensee or invitee.
And we all know that what Anderson will pay is what a clever attorney can talk a jury into paying the plaintiff.
Could it be described as a “manual elevator” or an “express stairway without a railing”? Too bad she didn’t fall in a Fox News anchor’s home. At least they are more likely to be successful.
l.z., in a perfect world all of that would be true. Unfortunately, we have generous (with other people’s money) judges who want to be the good guys and compensate any injured party no matter how culpable they are or what their relationship is/was to the defendant. If Ms. O’Brien’s injuries are truly semi-life-threatening (okay, so there probably isn’t a double hyphenated word in the dictionary), I’m betting she will be handsomely compensated by her semi-celebrity former client. The legalities typically matter not.
First things first. Is this a licensee person ? If so, she was obviously hired under specific contract to do whatever the job called for. She must provide, as an independent licensed contractor, specific workers comp. and general liability/completed operations to her client. Client, CNN actor, in this case,
becomes an additional insured under her insurance policies as listed above; including subrogations waivers, etc. etc.
So, she has no grouds whatsoever to sue her principal in the first place.
This is just a Media way of exploiting a
simple matter. You need to look at the contract provisions leading up to this work. Period.