Articles Tagged with slip-and-fall lawyer

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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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An 83-year-old woman arrived at her local hospital in Rochester, NY to undergo a surgical cancer treatment. It was early in the morning, so it was dark and the overhead lighting in the parking garage was poor. She parked in the handicapped spot and then helped her daughter, seated in the backseat, into her wheelchair.parkinglots

As the Democrat & Chronicle reported, the hospital placed cement parking stops inside the pedestrian walkway that bordered those handicapped parking spaces. The stops were the same color as the concrete floor. As plaintiff rounded the corner of her car, she tripped and fell. She sustained a serious shoulder fracture.

When the hospital refused her offer a reasonable settlement for the 2013 injury, she filed a premises liability lawsuit. The case went to trial just recently, with jurors deciding the case in plaintiff’s favor after just 20 minutes of deliberation. The final award: $550,000. Continue reading →

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