Earlier this month, a federal appellate court issued a written opinion in a premises liability case brought by a woman who slipped and fell on some loose stones outside a home improvement store. In the case, Piotrowski v. Menard, the court ultimately held that the plaintiff’s bare-bones assertion that the…
Earlier this month, an appellate court in Kentucky issued an opinion in a premises liability case brought by a man who slipped and fell while staying as a guest in the defendant hotel. In the case, Goodwin v. Al J. Schneider, the court had the opportunity to discuss the duty…
Earlier last month, an appellate court in Louisiana issued a written opinion invalidating an arbitration clause in a case brought by the parents of a young child who was injured while at the defendant’s trampoline park. In the case, Alicea v. Activelaf, the court held that although the plaintiff voluntarily signed…
Earlier this month, an Ohio woman recovered over $1.3 million after a jury found in her favor in a premises liability lawsuit filed against a supermarket chain. The lawsuit alleged that the supermarket chain failed to provide adequate instruction to customers using motorized shopping carts. According to one industry news…
Earlier this month, an appellate court in Rhode Island issued an instructive opinion regarding that state’s recreational use statute and how the statute may be used by defendants to avoid liability in a premises liability case. The case is also instructive to potential premises liability plaintiffs, since it shows which facts must…
Premises liability cases, like most other cases brought under the legal theory of negligence, require that the plaintiff establish the defendant owed them a duty of care. In many cases, this element is the easiest for the plaintiff to prove, but in others there may be substantial litigation over whether a…
Earlier this month, a West Virginia court issued a written opinion in a premises liability case brought by a man who suffered a shoulder injury when he fell after leaning on what turned out to be a damaged handrail. The court in the case of Wheeling Park Commission v. Dattoli…
Earlier this month, an appellate court in California issued a written opinion holding that a wrongful death lawsuit filed by the father of a young man killed while skateboarding was properly dismissed below because the young boy assumed the risk of the dangerous activity in which he was engaging when he…
Earlier this month, the Nebraska Supreme Court issued an opinion in the case of Pittman v. Rivera, holding that a bar owner was not liable under a theory of negligence when one of the bar’s patrons struck another customer after being kicked out for being aggressive. The court based its decision…
A state appellate court in Maine recently handed down a decision that demonstrates the importance of meeting deadlines and other procedural requirements when making a personal injury or wrongful death claim, especially when the claim is against a state or municipality. The plaintiff in the case of Deschenes v. The City of…