News & Analysis as of

Slip and Fall

JUSTICENTER

The Legal Dangers of Concrete Parking Stoppers

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When you pull into a parking space, you likely don’t give much thought to the concrete parking stopper at the end of the spot. These seemingly insignificant infrastructures are designed to keep your car from overstepping its...more

Maison Law

Important Steps to Filing a Personal Injury Claim in California

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Filing a personal injury claim involves much more than filing the complaint in court. Much of the work lies in the preparation of your claim. The steps below can help you strengthen your case and avoid pitfalls that might...more

Hinshaw & Culbertson - Lawyers for the...

Wisconsin Appellate Court Enforces Limited Scope Retainer Agreement

Michael Freude v. Jeffrey M. Berzowski and Di Renzo & Bomier, LLC., No. 2023 AP 764 (Wis. App. August 7, 2024) - Brief Summary - The plaintiff sued two defendants for legal malpractice related to an allegedly time-barred...more

CDF Labor Law LLP

California Court of Appeals Upholds Adverse Employment Action Where Employee Unable to Perform Essential Job Functions

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This month, the California Court of Appeals affirmed the trial court’s grant of summary adjudication to the employer in a disability discrimination case alleging violations of the Fair Employment and Housing Act (FEHA). The...more

Array

This Week in eDiscovery: Duty to Preserve | Inadvertent Disclosure

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of September 9-15. Here’s what’s...more

Robinson+Cole Construction Law Zone

New York’s Highest Court Weighs in on N.Y. Labor Law

N.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction...more

Maison Law

Liability in Vacation Rental Injuries in California

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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

Butler Weihmuller Katz Craig LLP

New Jersey Supreme Court Doesn’t Show a Whole Lot-ta Love for Commercial Property Owners

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

Searcy Denney Scarola Barnhart & Shipley

Navigating Florida’s Slip and Fall Cases

“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

Marshall Dennehey

Limiting the Opinions of Plaintiff’s Non-Retained Expert Witnesses Regarding Injury Causation and Permanency

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Key Points: Plaintiff’s non-retained experts are treating physicians, and their testimony at trial should be limited to their scope of treatment, diagnosis, and prognosis with respect to the injuries alleged....more

Maison Law

What is the Statute of Limitations in California Personal Injury Law?

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What is a Personal Injury Case? As we explain below, California law imposes a two-year statute of limitations for personal injury cases. Initially, it helps that you understand the nature of a personal injury case....more

Searcy Denney Scarola Barnhart & Shipley

Seasonal Weather Hazards and Personal Injury in Tallahassee

While we might not get snow in Tallahassee, seasonal weather hazards still play a role in our lives at various points throughout the year. Rather than snow storms, hurricanes and tropical storms are our primary concern—with...more

Conn Maciel Carey LLP

Latest Updates From Today’s Cal/Osha Standards Board Meeting

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While today’s Standards Board meeting did not have the same drama of the last one, it was not without newsworthy topics. Indoor Heat - Eric Berg, Deputy Chief of Health at Cal/OSHA, provided an update on the status of the...more

Array

This Week in eDiscovery: Spoliated Video Footage Leads to Jury Instruction Sanction and More Thoughts on Linked Attachments

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of April 8-14. Here’s what’s...more

Searcy Denney Scarola Barnhart & Shipley

Injured at the Mall? Here’s What You Need to Know

Injuries can (and do) happen when you least expect it, even in so-called safe environments like shopping malls. Whether it’s a slip and fall, a collision with a shopping cart, or any other mishap, knowing what steps to take...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for April - April 23rd, 1:00 pm - 2:00 pm ET

No one else can “eclipse” our coverage of eDiscovery case law! Our April 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes related to relevance and privacy of an unpublished autobiography,...more

Ward and Smith, P.A.

Is Premises Liability the Same as Negligence?

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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

Marshall Dennehey

The Sufficiency of a Store’s Inspection and Maintenance Policies Are Only Relevant After Establishment of Notice of the Hazardous...

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Steffe v. Walmart Supercenter #2023, 2023 WL 6216712 (M.D. Pa. 2023) - The plaintiff, a customer at the defendant’s store, slipped and fell on a puddle located on the floor of the store’s restroom. The defendant filed a...more

Marshall Dennehey

A Store Does Not Have a Duty to Constantly Monitor its Premises for Potential Hazards, and Any Alleged Failure to Monitor Is Not...

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Smalis v. Home Depot U.S.A., Inc., 2023 WL 8479242 (W.D. Pa. 2023) - The plaintiff, a customer of the defendant’s store, slipped and fell on water located on the floor of the men’s restroom. After the defendant removed the...more

Marshall Dennehey

Under Pennsylvania Law, Service of a Writ of Summons on Defendant’s Claims Administrator Does Not Constitute Valid Service.

Marshall Dennehey on

London-Walker v. Walgreens Family of Companies, 2023 WL 6465387 (E.D. Pa. 2023) - The plaintiff, a customer of the defendant’s store, tripped and fell on a mat located in the store. The plaintiff commenced the case in state...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for March 2024 - March 27th, 1:00 pm - 2:00 pm ET

Time to “spring” – into more eDiscovery case law! Our March 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes over in camera review of privilege logs, waiver of privilege over failing to...more

Marshall Dennehey

Superior Court Requires Plaintiff to Name Passive Co-owner of Property as a Defendant or Suit Will Be Subject to Dismissal.

Marshall Dennehey on

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

Goldberg Segalla

Slip Sliding Away: NY Court of Appeals Expands the Scope of Slipping Hazards under Industrial Code § 23-1.7(d)

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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

Dinsmore & Shohl LLP

Inspecting Floors Every 15 Minutes May Defeat a “Constructive Notice” Argument in Florida Slip/Trip and Fall Lawsuits

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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

Searcy Denney Scarola Barnhart & Shipley

How Florida's Comparative Fault Laws Impact Premises Liability Cases

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

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