Injured - The FindLaw Accident, Injury and Tort Law Blog

Slip and Fall and Premises Liability

Slip and Fall / Premises Liability: Under this theory, the owners and occupiers of land or property owe a legal responsibility for accidents and injuries that occur on their property. These laws are largely dependant on state law and vary from state-to-state. What's usually important in these cases is to look at the status of the injured. Where they a trespassor or were they invited to the property? The status of the injured person with regards to the property might play a role in determining duty, depending on the state. Courts might also look at the condition of the property. Finally, there may be special laws applying to landlords and lessors of property.


Recently in Slip and Fall / Premises Liability Category

Costco Shopper Hit by Falling Steel, Sues for Brain Damage

A Costco customer was hit by a steel rod while reaching for a package of paper towels, prompting a host of medical interventions. The 62-year-old North Salem, New York resident suffered irreversible brain damage at a Brookfield Costco in 2016, and has filed a federal lawsuit against the wholesale chain for monetary damages claiming unsafe, dangerous, or defective conditions.

Like any experienced music festival attendee, Michael Ryan, of Panama City Beach, Florida, purchased VIP tickets for the Gulf Coast Jam country music festival in 2014. That gave Ryan access to unlimited quantities of free alcohol in the VIP area.

And like any experienced litigant, Ryan doesn't explicitly admit to consuming any of that free booze before he fell off a platform in the VIP section, "causing him to suffer severe and permanent injuries resulting in loss." Ryan also doesn't elaborate on those injuries in his lawsuit against the company hosting the music fest and the company providing security, but he is asking for $15,000 in compensation.

"Given the history of violence in their parking lots," a wrongful death lawsuit claims, "and Wal-Mart's [sic] knowledge they were not employing adequate security measures, it was foreseeable to Wal-Mart that the Plaintiff would be attacked in their parking lot and sustain serious injury or death."

That's the legal argument a widow is making against the megaretailer, and it may be difficult for Walmart to refute. Recent years have seen a crime wave at Walmart locations, from the serious to the silly. This time it was Fadil Delkic who was shot and killed after an argument in a Snellville, Georgia Walmart parking lot.

Lawsuit Claims Negligence Against Lowe's Home Center

Brenda McMullen filed a negligence claim against Lowe's for injuries she suffered after stacked pavers fell on top of her. The case was filed in a Madison County courthouse in Indiana, but has since been moved to a federal court in Indianapolis based on interstate commerce, and the belief that damages, though currently unspecified, could reach over $75,000.

Illinois City Liable for Trip and Fall Accident Injury

In Danville, Illinois, a woman tripped and fell while walking on an uneven sidewalk. The lower court dismissed the case, claiming the city was immune from such cases. However, the Illinois Supreme Court overturned the lower court ruling, and decided that the common law duty for a city to keep its sidewalks in safe working order outweighed the sovereign immunity normally granted to municipalities in negligence cases.

The city pleaded with the court that such a ruling would not only open the floodgate to further lawsuits throughout the state, but also increase the city's liability insurance. The court still believed the woman that tripped and fell on the sidewalks was due some level of compensation from the city. The case was referred back to the lower court to be decided.

We were just telling you last month that, with a little care and respect, it was still safe to visit Hawai'i this summer. And then a lava bomb crashed through the roof of a tour boat, injuring 23 passengers off the coast near Hawai'i Volcanoes National Park. (It turns out the tour company has been sued twice in the last five years for "failing to warn passengers of dangerous conditions" and "dispensing with any kind of risk assessment when selecting an area to view the volcanic eruption.")

While the U.S. Coast Guard extended the restricted area around the Kilauea volcano to 1,000 feet, the incident does raise concerns about safety in and around our national parks, and what happens if you're injured in one. Here's what you need to know.

Cruise Ship Sued for No-Slip Flooring Injury

No good deed goes unpunished. That's what a Virginia dinner cruise line must be thinking, after it was hit by a lawsuit from one of it's passengers for, ironically, a no-slip-and-fall. While playing cornhole on an area of the ship with no-slip flooring, a passenger fell. He claimed the special flooring made it impossible for him to properly shift his weight while stepping to throw a beanbag.

Interestingly, one of the most common Maritime lawsuits arising from incidents on a cruise ship is a slip-and-fall claim. So what is a responsible cruise line to do? The honest answer is: do all you can do avoid slip and fall injuries. According to a 2010 survey, usually there are over 100 on-board slip and fall injuries reported per ship per year, and some lead to judgments in the millions of dollars.

It's summertime, meaning you're probably going to be spending some time around the pool during the next few months. Few things are more relaxing than being pooling on a sunny day, and, unfortunately, few places are as dangerous, to children and adults alike.

Sadly, accidents happen at swimming pools. And when they do, whose fault are they? That could depend on whose pool it is and the type of injury involved. Here's a look at pool safety and the law, from our archives:

On September 10, 2017, Spencer Hight walked into his estranged wife's home and opened fire on the football watch party she was hosting with an AR-15, killing her and seven of her guests. Before the shooting, Hight had been drinking at a bar down the street and was allegedly visibly intoxicated while he was being served.

Now parents of three of Hight's victims are suing the Local Public House in Plano, Texas, as well as the bartender who served him, claiming the bar was grossly negligent in failing to monitor Hight's alcohol consumption and continuing to serve Hight alcohol, and also that his intoxication was "a proximate cause" of the shooting.

Summer Beach Injuries: Who Is Liable?

At long last, summer weather is upon us. Barbecues, swimming pools, and farmer's tans are beckoning. And not to rain on your summertime parade, but it's important to remember that accidents and injuries can happen anywhere, even when you're just planning on a relaxing day at the beach. So, whether you're headed to Malibu, Cape Cod, or any of the beaches in between, we hope it'll be a blissful visit. But just in case, let's review some summer beach injuries and related liability issues.