Earlier this month, an appellate court in Colorado issued a written opinion in a premises liability lawsuit that was brought by the parents of a young girl who was seriously injured while playing in her school’s playground. Ultimately, the court concluded that the zip-line on which the girl was playing…
Articles Posted in Premises Liability
The Concept of “Assumption of the Risk” in Maryland Personal Injury Cases
When a party files a personal injury case against a defendant, the defendant has the opportunity to argue one or more defenses in hopes of escaping liability. In some cases, the ultimate determination comes down to which witness is more believable. However, in other cases, the facts are not necessarily…
The Dangers of Carbon Monoxide and What Can Be Done to Prevent Exposure
Carbon monoxide is a colorless and odorless gas that is emitted through chemical reactions that occur during the operation of certain machinery. For example, carbon monoxide is a byproduct that is emitted when running cars and trucks, gas ranges, furnaces, grills, stoves, and lanterns. Most homes and business contain at…
Slip-and-Fall Case Dismissed When Defendant Successfully Showed Plaintiff Had Knowledge of the Open and Obvious Hazard that Caused Her Fall
Earlier this month, an appellate court in Georgia issued a written opinion in a premises liability case that was brought by a woman who slipped and fell on a “corn hole” game board as she was talking to a sales associate in a car dealership’s showroom. The court ultimately determined…
Plaintiff’s Slip-and-Fall Case Dismissed Due to Lack of Causation Evidence
In a recent case before a state appellate court, a plaintiff’s premises liability claim against a fast-food restaurant manager was dismissed based on the plaintiff’s failure to present sufficient evidence that the manager’s negligence resulted in her injuries. In rejecting the plaintiff’s claims, the court explained that a plaintiff must…
Plaintiff’s Slip-and-Fall Case against Apartment Complex Not Barred by Immunity Statute
Earlier this month, the highest court in Illinois issued a written opinion in a premises liability case requiring the court to interpret a statute that on its face grants immunity to property owners who are negligent in the removal of snow or ice on their land. In the case, Murphy-Hylton…
71-Year-Old Woman Struck by Electric Shopping Cart, Recovers $1.3 Million from Grocery Chain
Earlier this month, an elderly woman recovered just over $1.3 million after a jury found in her favor in a premises liability case involving a large grocery store chain. According to one industry news source reporting on the case, the accident took place back in 2012, when another customer inadvertently…
Court Holds Unemployed Plaintiff Is Eligible for Future Earnings Damages Award
Earlier this month, one state’s supreme court issued a written opinion discussing the availability of damages for a student-plaintiff who was not employed at the time of the accident but expected to obtain employment after graduation. In the case, Fecke v. Board of Supervisors of Louisiana State University, the court…
Court Finds Deceased Skateboarder Assumed the Risk of Injury, Preventing Family from Seeking Compensation
Earlier this month, an appellate court in California issued an opinion in a case brought by the father of a boy who died after he sustained a traumatic brain injury when he fell off his skateboard after hitting a lip around a manhole cover. In the case, Bertsch v. Mammoth Community…
Court Finds Park Not Liable for Injuries Caused by Broken Handrail
Earlier this month, a West Virginia court issued a written opinion in a premises liability case that arose when the plaintiff was injured after the handrail he leaned against broke, causing the man to fall down a hill. The decision in the case, Wheeling Park Commission v. Dattoli, reversed a…