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
“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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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