Articles Tagged with slip and fall

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When an employee causes injury to someone else in the course and scope of employment, their employer can be held vicariously liable for those injuries. The legal doctrine is called respondeat superior, which is Latin for, “Let the master answer.” injury attorney

Of course, an employer could also be found directly liable as well for things like negligent hiring, negligent retention, negligent supervision or negligent security. But respondeat superior does not require a finding that the business was negligent. As long as the negligent employee was acting in furtherance of the business at the time the incident occurred, the business may be liable.

This is what is alleged in a Florida personal injury lawsuit recently filed against Apple Inc. in the U.S. District Court for the Southern District of Florida. The case is filed federally because, while the injury occurred in South Florida, the company is headquartered in California.  Continue reading →

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A slip-and-fall lawsuit plaintiff recently was handed a victory by the Alabama Supreme Court, which ruled the case should be remanded for trial because the defendant, in this case a restaurant, failed to prove the hazard in question was open and obvious.wetfloor

Even though this is an out-of-state case, the open and obvious doctrine is a pretty universal one in most states when it comes to premises liability law and slip-and-fall cases in particular. The open and obvious defense is an exception to the duty of care owed by property owners which requires that they use reasonable care to shield or warn lawful visitors from dangerous conditions. If the danger is open and obvious, it is presumed the visitor will take reasonable care to avoid it and protect themselves. There is no duty to warn of a condition that is obvious.

In the recent slip-and-fall case out of Alabama, the court examined the details of an injury suffered by the patron of a fast-food restaurant, cast in the light most favorable to plaintiff, who was appealing an earlier summary judgment in favor of defendant.  Continue reading →

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