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.

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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.

Most landlords try to make their rental properties as attractive to new tenants as possible. After all, they want to be able to charge the highest rents and attract the best tenants possible. Obviously, this includes making the property as safe as possible.

But accidents happen. And when a tenant is injured on a landlord's property, questions about who's liable, and how do you prove it, can be rather complicated.

USC Fraternity Settles Drone Injury Lawsuit

A lot of unfortunate things can happen at a frat party. Usually, recovery simply entails plenty of water, a greasy breakfast, and a temporary ban on words like "vodka" and "beer." But sometimes the injuries are much worse, and the recovery much tougher.

One student attended a frat party at USC back in 2015, but instead of just a hearty hangover, she was hit in the head by a drone. Now, that student and the USC fraternity have reached a settlement in her drone injury lawsuit.

Woman Loses Slip and Fall Case Against Walgreens

People can slip and fall for a variety of reasons, from being careless to encountering a hazard on the ground. Sometimes if people fall because there was a hazard present, they may be able to recover for their injuries. This is because businesses have a general duty of care to keep people reasonably safe while they're on the business's premises. But, in order to succeed in this type of lawsuit, a plaintiff must prove that the business was at fault.

Since one woman who fell in an Indiana Walgreens was unable to prove this, the 7th Circuit Court of Appeals affirmed a lower court's decision to grant Walgreens' motion for summary judgment.

Last week, an Alabama jury awarded $7.5 million to a man who fell while shopping for watermelons at a local Walmart. That may seem like a lot for a simple slip and fall, but security camera footage showed several shoppers suffering similar entanglements with a pallet hidden beneath the watermelon display, and Henry Walker went from playing basketball a few times a week with his friends to needing a walker just to get around after shattering his hip.

The case got us thinking about some of the biggest jury awards and settlements following slip and fall lawsuits, so here are the top five from our archives:

Who knew shopping was this dangerous? Henry Walker found out while reaching for a watermelon in an Alabama Walmart in 2015. Walker's foot got caught in a wooden pallet on the floor, causing him to fall and shatter his hip.

Walker sued Walmart, claiming the retailer should've known the pallet was likely to cause an injury and failed to "exercise reasonable care, to maintain and keep its premises in a reasonable safe condition, and to warn the public of unsafe and hazardous conditions." A jury agreed, and awarded Walker $7.5 million in damages.

Five-year-old Charles Miller was sitting in his father's lap on the Timber Mountain Log Ride at Knott's Berry Farm in California when the ride came to a screeching halt after the last drop. According to a lawsuit filed against the theme park by his father, Miller flew forward, forcing his head to be "sandwiched between his father and the back of the seat causing an orbital blowout." Miller suffered a fractured eye socket, and the lawsuit claims Knott's Farm negligently maintained the ride.

It turns out this is not the first problem with the log ride or the first lawsuit filed against the park: the family of a 6-year-old girl settled with Knott's Berry after she broke a bone above her right eye hitting her head on the ride, and the Miller suit cites ten other examples where guests were injured in similar incidents.

The residents of a condominium community in Columbus, Ohio have been warned not to use their balconies due to the fear of collapses. The condo owners at The Falls at Hayden Run were told in June 2017 that their decks could no longer be used after a father and daughter were injured in a collapse the previous month. Apparently, the decks were only secured by 26 nails and lacked several safety requirements.

While the community association is working to fix the problem, many owners and residents may be wondering what legal action they may be able to take. The father and daughter that were injured have filed a lawsuit due to their severe injuries, however, condo owners may also be able to pursue legal actions on their own behalf.