Articles Tagged with Slip and Fall

download-2-2Premises liability accidents can present a host of complicated legal issues.  We have all likely experienced or witnessed a slip and fall at a store or else we know someone that has.  Everyone has gone shopping at one point in their lives and seen a sign which warns them of a wet floor or some other slipping hazard.

Slip and fall accidents come within an area of law known as premises liability.  Premises liability refers to the legal responsibility of the owner or person in control of a piece of property to maintain the property in a safe condition for lawful visitors.  When an owner fails to uphold this duty and a visitor is injured, the owner can be legally responsible under a premises liability theory.

Negligence in Premises Liability Cases

A woman in Nevada is seeking recovery for brain injury she suffered in July 2013 after a slip-and-fall at a home improvement store while she was shopping for palm trees for her garden. She alleges the outdoor area was covered with water, and presented an unreasonable risk of injury to business invitees on the property.waterpuddle03

Defendant store, meanwhile, contends plaintiff was contributorily negligent and that she actually fell on top of a four-foot orange “caution” cone that was placed near the accumulated water to warn customers of the risk. Plaintiff has countered this was not sufficient as there was no “Wet Floor” sign and defendant knew this was not enough to warn customers, considering there had been 33 similar falls at other stores across the country – including two previous slip-and-fall accidents at this very same location.

The 38-year-old mother of three said as a result of her slip-and-fall, she suffered a fractured skull and brain injury that resulted in a permanent loss of smell and taste. Continue reading

Rapper Rick Ross is in the news again with more legal trouble. This time his trouble is not related to criminal charges filed against him for assault and kidnapping involving an alleged pistol whipping incident. According to recent news report form Gossip Extra, Ross and his mother are being sued as co-defendants for an alleged slip and fall injury that occurred in his mother’s Florida home.

952313_gavelThe plaintiff said the injury occurred in 2011, and he is now filing a lawsuit because of the claimed tremendous pain he suffered when he tripped on the rail of an iron gate on the property. There is no mention as of yet for why plaintiff waited so long to file his claim and whether there are any issues with the statute of limitations. Continue reading

In Boston and the surrounding area, Dunkin’ Donuts is a very popular place to get a cup of coffee. Much like Starbucks in the rest the country, it seems like there is a Dunkin’s Donuts on just about every other block. According to a recent news article from CNBC, one woman sued the donutmaker after suffering a serious injury at one of their stores and settled the case for around half a million dollars.

dunkin-donuts-0007-1329666This particular accident resulting a serious personal injury occurred at one of the company’s stores in New Jersey. The plaintiff claimed she was carrying a tray of hot coffee when she tripped on a parking spot barrier that was not in its proper place outside the store. The re-bar spike was sticking up dangerously and was the reason she fell. Continue reading

In Sarkisian v. Concept Restaurants, Inc., an appeal from the Supreme Judicial Court of Massachusetts (SJC), plaintiff slipped and fell at a nightclub in Boston owned and operated by defendant.

caution-wet-floor-sign-1-1006453-mAccording to court records, the nightclub was licensed to hold 574 occupants at a time and contained a wooden dance floor, which was approximately 50 feet in length. There were two bars at which employees served alcoholic and nonalcoholic drinks, and these bars were both located on the dance floor itself. One of the bars was 50 feet in length and the other was 15 feet long. Customers were allowed to take their drinks served in plastic cups on the dance floor or drink them in any other part of the nightclub including the lounge area that was accessible by a flight of stairs.

Plaintiff and her friends entered the nightclub on an evening when the club was staffed by eight security guards, three bar backs and a manager, in addition to the DJ playing music and the bartenders. All personnel were responsible for making sure the dance floor was cleared of debris and safe for walking and dancing.   Continue reading

According to a recent article from the WV Record, an injured customer is suing a major big box retailer for an alleged slip-and-fall accident resulting in personal injury.

caution-wet-floor-sign-1-1006453-mThis female plaintiff has alleged multiple negligence claims against defendant as being responsible for her slip-and-fall injury, which occurred in May of 2013 during a shopping trip to the store.   In her complaint, plaintiff asserts she was in the pedestrian walkway of the store when the accident occurred. She further alleges defendant had breached its duty of care owed to her by allowing standing water to remain in the area designated for pedestrian traffic. Continue reading

Boston Attorney and Harvard Law professor Alan Dershowitz, best known for his role on the O.J. Simpson defense team during the world-famous murder trial, is making headlines once again. This time, according to a recent news article from The Boston Globe, Dershowitz is suing the TD Boston Garden arena where the Boston Bruins and Boston Celtics play for alleged negligence involving a slip and fall accident.

basketball-452292-mThrough his complaint, Dershowitz alleges he was at the arena while attending a Boston Celtics game nearly three years ago. While at the arena, he went to use one of the bathrooms in the facility and slipped on an allegedly wet floor near the sinks and fell to the ground, injuring himself. He is blaming the hazardous condition of the floors on the arena operator’s failure to adequately supply the bathroom with paper towels. Continue reading