Slip and Fall

News & Analysis as of

Slip and Fall Accidents During the Holidays

Even though thousands of people are injured in slip and fall accidents and it might seem obvious to you, if this happened to you or a loved one, that the person responsible for taking care of the premises was at fault,...more

Summary Judgment Granted in “Known Condition” Premises Case

Federal District Court in Columbia Holds No Duty to Warn of Rainy Conditions - Retailers and hospitality-related entities doing business in South Carolina should be encouraged by a recent premises liability decision...more

Plaintiff’s Vacation to Hawaii was a Nightmare, or not?

What happens when your dream vacation turns into a nightmare? That’s easy; it’s America, so obviously you sue everyone who may be responsible. Sometimes, if you’re lucky, the opposing side may not comply with e-discovery...more

Texas Supreme Court oral-argument preview (10/14)

The Texas Supreme Court will hear two oral arguments at the Texas Tech School of Law on 10/9/14: No. 13-0136, Nabors Well Servs. Ltd. v. Romero -- The issue is whether evidence of seatbelt nonusage is inadmissible,...more

Sidewalk Slip and Falls -- Who's Liable?

It may be suprising to hear, but many San Fernando slip and fall or trip and fall cases happen on sidewalks. Most of these claims are brought against municipalities and generally turn on whether the property owner or...more

Illinois Appellate Court: School District Not Immune From Liability For Student Fall In “Cafetorium”

The Illinois Appellate Court recently determined that the fact that a school’s “Cafetorium” was used for parties and ceremonies for sports teams and school band, chorus, and drama program performances did not make the...more

Conflict In Fla. Regarding Premises Liability Law

On Feb. 26, 2014, Florida’s Fourth District Court of Appeal (West Palm Beach) certified a conflict with the Third District Court of Appeal (Miami) regarding whether Florida Statute § 768.0755, which governs premises liability...more

“What was she thinking?!” – Plaintiff’s state of mind in shopping centre fall

Late last year, the New South Wales Court of Appeal in Glad Retail Cleaning Pty Ltd v Alvarenga [2013] NSWCA 482 unanimously dismissed the appeal of a cleaning company found to have performed its work in a negligent manner....more

Appellate Court Notes - Week of December 23

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

Florida’s Third DCA Limits Scope Of Discovery In Premises Liability Cases

In cases where a plaintiff is injured due to a slip and fall in a business establishment, the plaintiff may seek discovery related to other slip and falls that occurred on the same premises. Such requests are generally made...more

Florida Statute 768.0755: Changes to Premises Liability

Barbara Horn slipped and fell on the wet floors of a medical center in Lakeland. She suffered knee problems and underwent several surgical procedures, culminating in total knee replacements of both knees....more

Florida’s Third District Court of Appeal Holds Statute Establishing Standard of Proof in Slip-and-Fall Cases Is Retroactive

In Kenz v. Miami-Dade County and Unicco Service Co., 2013 (Fla. 3d DCA April 24, 2013), Florida’s Third DCA ruled that § 768.0755, Fla. Stat. (2010) must be applied retroactively to incidents that occurred before the statute...more

Nurse Wins Workers’ Compensation Award For Parking Lot Injury

A recent Illinois Workers’ Compensation decision involving a State of Illinois worker, an icy/slippery parking lot and an authorized break awarded benefits to the injured worker. The facts are interesting and illustrative of...more

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