News & Analysis as of

Constructive Notice Slip and Fall

Marshall Dennehey

A Store Does Not Have a Duty to Constantly Monitor its Premises for Potential Hazards, and Any Alleged Failure to Monitor Is Not...

Marshall Dennehey on

Smalis v. Home Depot U.S.A., Inc., 2023 WL 8479242 (W.D. Pa. 2023) - The plaintiff, a customer of the defendant’s store, slipped and fell on water located on the floor of the men’s restroom. After the defendant removed the...more

Dinsmore & Shohl LLP

Inspecting Floors Every 15 Minutes May Defeat a “Constructive Notice” Argument in Florida Slip/Trip and Fall Lawsuits

Dinsmore & Shohl LLP on

In a 2023 trip and fall case, the United States District Court for the Middle District of Florida granted summary judgment in favor of Defendant Wal-Mart. Kozlowski v. Wal-Mart Stores E., LP, No. 5:21-cv-261-ACC-PRL, 2023...more

Pullman & Comley, LLC

Appellate Court Notes - Week of December 23

Pullman & Comley, LLC on

AC34963 - Compassionate Care, Inc. v. Travelers Indemnity Co. - The plaintiff was in the business of maintaining a list of nurses it referred out, as needed, to hospitals and nursing homes. It did background checks on...more

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