News & Analysis as of

Dangerous Condition

Butler Weihmuller Katz Craig LLP

New Jersey Supreme Court Doesn’t Show a Whole Lot-ta Love for Commercial Property Owners

Insurers of commercial property owners take note: in a 4-3 decision, the New Jersey Supreme Court significantly expanded sidewalk liability law. Owners of vacant commercial lots in the Garden State now have a duty to maintain...more

Searcy Denney Scarola Barnhart & Shipley

Navigating Florida’s Slip and Fall Cases

“Slip and fall” is a term that personal injury lawyers, insurance companies, and insurance claim adjusters use to describe accidents that occur when people fall, slip or trip and hurt themselves at a commercial location,...more

Ward and Smith, P.A.

Is Premises Liability the Same as Negligence?

Ward and Smith, P.A. on

In today's world, we travel all the time. We shop at grocery stores and department stores, we take walks on the sidewalks in our neighborhoods, and we go to large events, such as concerts or weddings, at various venues. But...more

Dinsmore & Shohl LLP

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

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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

Console and Associates, P.C.

Slip and Fall on Ice in NJ 2024

With plummeting temperatures, snow-covered sidewalks, parking lots, and driveways across New Jersey have become treacherous, turning a simple walk or routine outing into a difficult—and potentially dangerous—journey. It’s no...more

Dunlap Bennett & Ludwig PLLC

Notice Landlords – New Changes Coming To Virginia Law

The Virginia Residential Landlord Tenant Act governs the relationship between landlords and tenants in Virginia, whether large or small, formal or informal, between a tenant and a large apartment complex, or between two...more

Roetzel & Andress

Supreme Court of Michigan Alters Premises Liability Law Framework and Open and Obvious Doctrine

Roetzel & Andress on

On July 28, 2023, the Supreme Court of Michigan significantly changed the framework of premises liability law in Michigan and the open and obvious doctrine, which mainly found application in slip and fall cases. The decision...more

Miller Canfield

Property Owners: Don't Let Michigan's New Slip-and-Fall Case Law Trip You Up

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All property owners and possessors should be aware of a new legal framework from the Michigan Supreme Court that changes how premises liability cases are litigated. Michigan courts have long held that premises owners...more

Marshall Dennehey

In Applying Pennsylvania Law, the Court Held That Determination of Whether a Dangerous Condition is Obvious and Avoidable by the...

Marshall Dennehey on

In this diversity jurisdiction matter, the plaintiff alleged that she suffered injuries after tripping and falling on a partially empty black pallet or “stack base” while shopping in the defendant’s store. Prior to the...more

Franczek P.C.

Revised Clear and Present Danger Reporting User Agreement Coming to Schools

Franczek P.C. on

In a previous alert, we announced that the Illinois State Police (ISP) would be transitioning to accepting clear and present danger reports from school officials through its online Law Enforcement Portal. To make reports on...more

Franczek P.C.

Clear and Present Danger Law Enforcement Portal Administrator Agreement

Franczek P.C. on

The Illinois State Police (“ISP”) has rolled out its new Law Enforcement Portal where school administrators can submit reports of individuals who pose a clear and present danger. In order to use the portal, the ISP has shared...more

Morris James LLP

Five Things To Do After a Slip and Fall Accident

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A slip and fall accident can happen anywhere, anytime. Many hazardous conditions can lead to dangerously slippery surfaces and a fall - wet leaves gathering in an entranceway, ice in a parking lot, a wet floor at the gym,...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Opinion: Increase In Jail Death-Rate Reveals Underlying Systemic Flaws

The United States familiarly calls itself the “land of the free,” and holds itself out as a bastion of due process and civil rights. Yet, America’s jails are guilty of the worst forms of human rights abuses imaginable. A New...more

Franczek P.C.

Illinois State Police Issue Emergency Rule Governing Clear and Present Danger Reports

Franczek P.C. on

The Illinois State Police (“ISP”) has issued an emergency rule regarding the retention and use of reports made regarding individuals found to pose a “clear and present danger” under the Illinois Firearm Owners Identification...more

Foster Swift Collins & Smith

Latest Word on “Dangerous Land” Under State Equine Activity Liability Acts

Courts nationwide have grappled with the meaning of equine activity liability laws – especially their exceptions. Exceptions in the laws are important as they could potentially allow certain lawsuits to proceed. Although all...more

J.S. Held

Premises Liability & The Building Codes: The Role of Codes in Making Premises Safe

J.S. Held on

According to the Federal Emergency Management Agency (FEMA), “Building codes protect you from a wide range of hazards—whether it is by implementing safe wiring, fire prevention, or stronger structural integrity. When a...more

Jenner & Block

Illinois Prison Rife with Vermin, Mold, Sewage, Class-Action Lawsuit Alleges

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A class action lawsuit filed in the United States District Court for the Northern District of Illinois reveals the egregious living conditions for approximately 1,000 prisoners at the Northern Reception Center in Crest Hill,...more

Morris James LLP

What are My Chances of Winning a Slip and Fall Lawsuit?

Morris James LLP on

Slip and fall injuries are a common occurrence in the United States and send many people to the hospital year after year. According to information from the National Floor Safety Institute, a nonprofit organization dedicated...more

Morris James LLP

Slip and Fall FAQs - January 2022

Morris James LLP on

Slip and fall cases have a reputation of being hard to win because the injured person has to prove that the defendant: • Owed them a duty of care (negligence) or similar legal obligation (premises liability)...more

Morris James LLP

I Fell On a Friend’s Property, and I Don’t Want to Sue Them, but My Bills are Piling Up—What Should I Do?

Morris James LLP on

Slip and fall accidents are an unfortunately all-too-common occurrence. According to the Centers for Disease Control and Prevention (CDC), millions of people fall each year—and more than one out of every four individuals 65...more

Weber Gallagher Simpson Stapleton Fires &...

Watch Out for the Exceptions as the New Jersey Supreme Courts Adopts the “On-Going Storm Rule"

The Supreme Court of New Jersey has recently formally adopted, as the law of the land for New Jersey, the “ongoing storm rule” as a valid defense for commercial landowners. As a result, in New Jersey, a commercial landowner...more

Morris James LLP

Slip and Fall FAQs

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1. Are slip and fall cases hard to win? Slip and fall cases have a reputation of being hard to win because the injured person has to prove that the defendant...more

Chartwell Law

Skating Through Snow and Ice Mishaps - A Primer in New Jersey’s Premises Liability Law

Chartwell Law on

As winter approaches and the first snow begins to fall, New Jersey property owners will undoubtedly question whether they have a responsibility to remove snow and ice on sidewalks abutting their properties. Luckily, New...more

Chartwell Law

Skating Through Snow and Ice Mishaps - A Primer in Pennsylvania’s Premises Liability Law

Chartwell Law on

Northeast winters are becoming increasingly less wintry, however, even the occasional storm, while beautiful, can be dangerous. This can often be a liability producing situation for property owners. Ice and snow are slippery...more

Chartwell Law

Skating Through Snow and Ice Mishaps - A Primer in Connecticut’s Premises Liability Law

Chartwell Law on

The elements of a cause of action for negligence are well established: duty, breach of that duty, causation, and actual injury. Pelletier v. Sordoni/Skanska Const. Co., 286 Conn. 563, 593 (2008). “The status of an entrant on...more

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