The vacation rental industry claims over two million properties throughout the United States. According to the Miliken Institute, California had 128,000 short-term vacation rental listings in 2022. The Big Bear region in...more
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
Simone v. Alam, 303 A.3d 140 (Pa. Super. 2023) - The plaintiff slipped and fell on an icy walkway located adjacent to a property owned by the defendant and his brother as tenants in common. The brother was not named as a...more
The New York Court of Appeals recently expanded the types of hazards encompassed by Industrial Code § 23-1.7(d). In so doing, the court increased the likelihood of Labor Law § 241(6) liability for property owners, contractors...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
Premises liability cases are often hotly contested. The Plaintiff will typically claim that the property owner or manager is entirely responsible for any slip and fall that occurs on their premises. The owner or manager, by...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
When you get injured in a slip and fall accident, one of the first things you need to do is find out if you have a case. If you do, you may be entitled to financial compensation, but you may also need to act quickly to...more
When you get injured in a slip and fall accident, one of the first questions you need answered is, “Who do I sue?” Identifying the correct defendant (or possibly defendants) in your slip and fall case is critical, as you need...more
We enter stores, restaurants, and other public spaces with the expectation that they will be safe. This proves to be correct in the overwhelming majority of circumstances. There are times, however, when the owner or...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
An individual can sustain serious and life-altering injuries when they slip or fall on another person’s property. These injuries can range from broken bones to head trauma to spinal cord damage. Depending on the...more
Every premises liability case is defendable if the commercial business has procedures in place for inspections, cleaning and maintenance, and those procedures are carried out. Most commonly, businesses are sued due to a slip...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
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
On January 19, 2022, the California Court of Appeal, Second Appellate District (Los Angeles), held that a plaintiff is not barred as a matter of law from proving causation in a slip and fall case if there were no witnesses to...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
The short answer is “no.” In fact, the very term “automatically” is rarely found when discussing legal duties of any kind. There are conditions that must be met in order to successfully claim that a landlord is legally...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
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