News & Analysis as of

Slip and Fall

Chartwell Law

When Inattention Bars Recovery and Why Daniel v. Rick’s Barbeque Matters for Tennessee Premises Liability Law

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The Tennessee Court of Appeals’ recent decision in Margaret Daniel et al. v. Rick’s Barbeque, Inc., et al. serves as a reminder that some premises liability claims can, and should, be resolved as a matter of law. In affirming...more

Mandelbaum Barrett PC

Winter Weather Premises Liability: When Property Owners Are Responsible for Slip-and-Fall Injuries

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When winter brings ice, snow, and freezing temperatures to New Jersey, a simple walk across a parking lot or up a building’s front steps can become treacherous. Every year, thousands suffer serious injuries from...more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from May 8, 2026

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The Alabama Supreme Court issued its weekly release list on Friday, May 8, which included the following orders and opinions of interest to the business community...more

Lathrop GPM

Illinois Resident’s Use of Hilton App Doesn’t Establish Personal Jurisdiction over Hilton Worldwide in Illinois

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An Illinois federal court recently dismissed a slip-and-fall plaintiff’s negligence claims against Hilton Worldwide that stemmed from a fall at a Nebraska Hampton Inn. Roeber v. Hilton Worldwide Holdings., Inc., 2026 WL...more

Katten Muchin Rosenman LLP

Insurance Coverage Leasing Lessons From a Slip-and-Fall Dispute

Landlords in New York state should take immediate steps to confirm that their tenants’ insurance policies properly name them as additional insureds. The new owner/landlord should also ensure that, when a property is sold, the...more

Marshall Dennehey

Delaware Supreme Court Affirms Summary Judgment in Slip-and-Fall Case Based on Contradicted Plaintiff Testimony

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Wiggins v. Cedar Christina Crossing, LLC, No. 313, 2025, Griffiths, J. (March 23, 2026). The Delaware Supreme Court affirmed summary judgment in favor of a shopping center owner and its snow removal contractor, holding that...more

Cranfill Sumner LLP

The Shifting Landscape of Premises Liability: Why “How You Operate” Is Now Just as Important as “What Happened”.

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For many years, premises liability has followed a relatively streamlined pattern.  When an incident occurs, the primary focus has traditionally been narrowed to answering three main questions: (1) was there a hazardous...more

Gordon Rees Scully Mansukhani

Texas Supreme Court Emphasizes Evidentiary Requirements for Constructive Notice in Premises Liability Cases

On April 10, 2026, the Texas Supreme Court issued its opinion in H-E-B, LP v. Peterson, reinstating the summary judgment granted by the trial court in a slip-and-fall case because the plaintiff did not meet her evidentiary...more

Cozen O'Connor

Supreme Court of Texas Reaffirms Strict Constructive‑Notice Standard in Slip‑and‑Fall Cases

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In a significant decision for premises owners and occupiers, the Supreme Court of Texas has reaffirmed (and strictly enforced) the evidentiary burden plaintiffs must meet to establish constructive notice in slip‑and‑fall...more

Ropers Majeski

Recent First Department Decision: Storm-in-Progress Doctrine Reaffirmed in Interior Slip-and-Fall Context

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In Alvizurez v. North State Realty Associates LLC, the First Department reversed two Bronx County orders and granted summary judgment to the owner and property manager in a lobby stairwell slip-and-fall case....more

Stark & Stark

Running in New Jersey: When a Routine Jog Turns Into a Slip-And-Fall

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It’s that time of year again: warmer weather, longer days, and runners trading treadmills for sidewalks and trails. For most people, it feels simple: throw on sneakers, pick a route, and go. Sidewalks, trails, parking...more

Weber Gallagher Simpson Stapleton Fires &...

NY Appellate Division Workers’ Comp Decisions Provide Lessons on Proof, Premises, and Procedure

There were three workers’ compensation decisions posted by the Appellate Division Thursday, 3/26/26: 1. Murad v. Tri-State Groundwater Solutions, LLC. This case involved a maintenance mechanic who claimed he developed...more

Freeman Mathis & Gary

Tow‑truck ride home leads to no‑duty ruling under Illinois negligence law

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Commercial transportation companies, service providers, and insurers are often asked to defend claims where an employee allegedly should have taken extra steps to help a customer avoid getting hurt. Tolentino v. Clifford’s...more

Maison Law

Your Rights After an Injury in a California Drug Rehab Facility

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The booming drug rehabilitation industry promises hope to a wide range of people, but it also carries some surprising risks. People who leave a healing place don't expect to exit with new injuries. The detox process, staff...more

Ropers Majeski

First Department Clarifies Scope of Industrial Code 'Passageway' Provision

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The First Department recently issued a decision worth noting for practitioners handling New York Labor Law litigation. In Lacruise v. Memorial Sloan-Kettering Cancer Center (2026 NY Slip Op 00424), the Court addressed the...more

Marshall Dennehey

Florida Appeals Court Reverses Summary Judgment, Stresses Need to Properly File Video Evidence to Preserve Record

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Reynolds v. Belk, Inc., 2024-1749 (District Court of Appeal of Florida, 5th District, 2025) - Marilyn Reynolds was a customer in the Belk, Inc. store when she tripped over an unsecured, wide-based metal stanchion and...more

Marshall Dennehey

Federal Court Grants Summary Judgment to Retailer in Slip-and-Fall Case for Lack of Evidence of Notice

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Donahue v. Wal-Mart Stores East, L.P., 2025 WL 3166778 (W.D. Pa. Nov. 13, 2025) - The plaintiff raised a negligence claim against a retail store based upon a slip and fall incident. The plaintiff alleged that she slipped and...more

Mandelbaum Barrett PC

How to Protect Your Rights If You’re Injured While Vacationing Out of State

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Vacation injuries can transform a relaxing getaway into a legal nightmare when you’re hundreds or thousands of miles from home, unfamiliar with local laws, and uncertain about your rights. Whether you slip on an unmarked wet...more

Weber Gallagher Simpson Stapleton Fires &...

New Jersey Slip and Fall Update – The Ongoing Storm Rule/Defense

When the weather outside is frightful, certain property owners can now enjoy their fireplaces and hot cocoa a little longer before running for the salt and snow shovels....more

Freeman Mathis & Gary

Less salt application, more liability protection?

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Wisconsin lawmakers have reintroduced a bill (SB 1019) that would potentially shield commercial road salt applicators from slip-and-fall lawsuits if they complete state training and use the taught de-icing methods. As it...more

Stark & Stark

Slip, Snow, and the Law: What Is New Jersey’s “Ongoing Storm Rule,” Anyway?

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New Jersey winters can turn a simple trip to the store into an obstacle course of snow, slush, and ice. One minute you’re grabbing groceries, the next you hit a slick patch — and suddenly you’re flat on your back, staring up...more

Searcy Denney Scarola Barnhart & Shipley

Common Causes of Traumatic Brain Injuries in Tallahassee

The human brain can be injured in a number of ways. Some injuries are caused by internal factors, including infections, tumors, and strokes. When a brain injury is caused by an external physical force, it is considered a...more

Ice Miller

Winter Weather and Workplace Injuries: The Premises Exception

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With winter storms sweeping across much of the country, employers can expect an increase in snow- and ice-related injuries. Generally, worker’s compensation laws cover injuries that arise out of and in the course of...more

Marshall Dennehey

Appellate Division Affirms Dismissal of Intentional Wrong Claim in Workplace Fall Injury Case

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Little v. VDM Metals USA, LLC & Acerinox Group, No. A-0561-24 (Nov. 25, 2025) - On April 20, 2020, the plaintiff was assisting in unloading steel from a “flatrack” trailer when he fell and suffered a head injury, despite...more

Kerr Russell

Wet Floor Warnings in Premises Liability Cases After Elimination of Open and Obvious

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In July of 2023, the Michigan Supreme Court decided the combined cases of Kandil-Elsayed v F&E Oil, Inc. and Pinsky v Kroger Co. In these rulings, the court announced that whether a condition is open and obvious will be a...more

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