Slip and Fall

News & Analysis as of

When an Accident Results in a Spinal Cord Injury

Spinal cord injuries can be among the most serious form of injuries caused by a Woodland Hills auto accident. Your spinal cord carries is your body’s “communication highway” and its vital, sensitive nerves act as messengers...more

New OSHA Inpatient Facility Review Guidance Focuses on Five Workplace Hazards

On June 25, 2015, the Occupational Safety & Health Administration (OSHA) issued a memorandum regarding inpatient health care settings. The memorandum does not create new law. Rather, it provides guidance to OSHA compliance...more

Plaintiff Tripped Up By Summary Judgment

According to the Centers for Disease Control and Prevention (CDC), over 8 million people were treated in U.S. emergency rooms in 2013 for slips, trips, and other accidental falls, making such accidents the leading cause of...more

LA Superior Court Gets a Taste of its Own Slip and Fall Liability Standard

Woodland Hills personal injury lawyer Barry P. Goldberg is very careful about which slip and fall/trip and fall cases he accepts. There are many reasons for this caution, not the least of which is that there are many...more

Hospital Says Injury Was Malpractice, Plaintiff Insists It Wasn’t

Here’s an interesting riddle. When a plaintiff sues a hospital for an injury, why would the hospital insist the injury was caused by malpractice? Even more puzzlingly, why would the plaintiff insist she was not the victim...more

A Personal Injury Claim Involving a Patient’s Fall on a Wet Hospital Floor Is Not Within the Scope of MICRA’s One-Year Statute of...

Asma Pouzbaris v. Prime Healthcare Services-Anaheim, LLP - Court of Appeal, Fourth Appellate District (April 23, 2015) - On June 13, 2010, plaintiff Asma Pouzbaris (“Plaintiff”) was admitted to defendant’s...more

Falls a major contributor of nursing home deaths

According to the Centers for Disease Control and Prevention, 1,800 elderly nursing home residents die every year due to fall-related injuries. Those who survive, it reports, sustain injuries that cause permanent disability...more

Florida Court of Appeal: Photos on Facebook are Fair Game in Discovery

Discovery of social media is often appropriately considered in any case where evidence or admissions tending to disprove the other party’s case is potentially available. Although social media has long been firmly rooted in...more

No Article 17 Accident in Passenger Slip-and-Fall

In Vanderwall v. United Airlines, Inc., __ F. Supp. 3d __, 2015 WL 309094 (S.D. Fla. Jan. 26, 2015), a federal district court in Florida granted summary judgment to the airline dismissing personal injury claims by a passenger...more

Slip and Fall Accidents in the San Fernando Valley

Thousands of people are injured each year in San Fernando Valley in “slip and fall accidents,” which may be caused by slipping or tripping on uneven ground, a wet floor, or on unstable stairs. Who is at fault? Property...more

Privacy Settings Won’t Keep Social Media Posts Out Of Court

On Jan. 7, 2015, in Nucci v. Target Corp., et al, the District Court of Appeal of the State of Florida, Fourth District, upheld a lower court’s order compelling plaintiff Maria Nucci to produce photographs originally posted...more

Partial Negligence and Financial Recovery in Slip and Falls

No one expects to have a slip and fall or trip and fall accident but unfortunately, these types of accidents can happen anywhere: in the grocery store, at home, or at work, to name a few places. Anything from debris to...more

How Do I Know if I Have a Premises Liability Claim?

Winter Weather and Premises Liability - Injuries that lead to premises liability lawsuits can happen during any month of the year, but the winter months tend to be particularly hazardous. For example, a recent report...more

Photographs Posted on Facebook are Discoverable

The Fourth District in Nucci v. Target Corp., --- So. 3d ----, 2015 WL 71726, 40 Fla. Law Weekly D166 (Fla. 4th DCA Jan. 7, 2015), recently held that photographs posted on a plaintiff’s social media sites are discoverable if...more

Florida Appellate Court Holds There is No Right to Privacy For Information Posted On Social Media Websites Even When Privacy...

On January 7, 2015, in Nucci v. Target Corp, et al, the District Court of Appeal of the State of Florida, Fourth District upheld a lower court’s order compelling Plaintiff Maria Nucci to produce photographs originally posted...more

Are private Facebook photos now fair game under Florida law?

Last week a Florida state appellate court ruled that a plaintiff in a personal injury lawsuit was required to produce photos that she had previously deleted from her Facebook account finding that users of social media sites,...more

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

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

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