Slip and Fall

News & Analysis as of

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

Compelling Evidence, Burden of Proof, and the Minor Injury Guideline: Belair and Scarlett (Appeal)

The long-awaited appeal decision in Belair Insurance Company Inc. and Scarlett was recently released. - Mr. Scarlett was injured in an accident on September 18, 2010 in which he suffered sprains and strains. He also...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

Providing Notice to a Municipality for Sidewalk Falls

Although we are in the middle of a summer heat wave, a July 10, 2013 decision by Justice Johnston in Grant v The Corporation of the City of Kingston and Queen’s University, ONSC 4689 (CanLII) has caused me to consider legal...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

Opportunities for Summary Judgment in Municipal Liability Cases

In light of the decision in Combined Air Mechanical Services v. Flesch, counsel in municipal cases must re-assess their opportunities for summary judgment. In Combined Air, the Ontario Court of Appeal identified a new...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

Safety Tips for Winter Walking

When the winter air is crisp, there’s nothing like taking a walk to enjoy the beauty of the season — and walking is one of the best ways to keep fit. On the other hand, winter can be a challenging time of year to get out and...more

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