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

A lawsuit filed against Universal Studios is seeking $15,000 in damages after a mother says her son was injured on the E.T. ride at the theme park in January. According to the suit, Tiago Perez's left foot got stuck between the ride and a cement offloading area near the end, crushing his foot and breaking multiple bones in his toes, foot, and leg.

Here's a look at his mother's lawsuit, and similar injury claims against theme parks.

Witnessing a dinosaur egg hatching must be a magical moment. Until, that is, you're punched on the chin by a mechanical arm.

That's what happened to a young girl visiting Universal Orlando in 2013, and she and her family finally settled a lawsuit against the theme park, for $75,000.

"If you were in the Museum Collections Building (bldg 2C) between the year 2000 and June 18, 2018, you were 'exposed' to uranium by OSHA's definition." Not exactly something you want to hear after your vacation to the Grand Canyon, but that's what the park's health and safety manager is claiming.

Elston "Swede" Stephenson says radioactivity readings gathered by Park Service officials on three buckets of stones believed to be uranium specimens appeared to be hundreds of times higher than federal exposure thresholds.

With all the winter weather most of the country has been getting blasted with, chances are you've hit the slopes already. And with no snow letup in sight, you might be headed back. So, be careful out there.

But, accidents happen. Most of us are aware of the risks that come with skiing, but every now and then an accident isn't just an accident, and someone else is at fault. When that happens on the ski slopes, who's responsible and what can you do about it? Here's what you need to know about skiing injuries and legal liability.

Slip and fall accidents do occur, and the injuries sustained during and after a legitimate fall can be serious. But not all slip and fall claims are legit. And one example from New Jersey showed just how illegitimate some slip and fall lawsuits are, and absolutely what you should never do.

Alexander Goldinsky was caught on film faking a slip and fall while working as an independent contractor for a company in Woodbridge. And now Goldinsky has been arrested and charged with insurance fraud and theft by deception for fraudulently filing an insurance claim relating to his faked fall.

California Sued for $90M by Widow of Murdered Malibu Camper

Tristan Beaudette took his two young daughters camping in order to give his wife some much needed quiet time to study for an upcoming exam. That fateful good deed had a tragic ending. Beaudette, a pharmaceutical executive, was fatally shot in front of his children while camping at Malibu Canyon State Park, and his family has now filed a lawsuit for failing to warn campers about the known shooter in the area that ultimately killed Beaudette.

The lawsuit names the L.A. County Sheriff's Department, California State Parks police, and the California Parks and Recreation Commission, seeking damages against each for $30 million on behalf of Beaudette's wife and their children, for a total in excess of $90 million.

Christmas Shopper Wins $3M Lawsuit for Escalator Toe Injury

Aisha Siddiqui won a jury verdict of $3 million in her personal injury lawsuit against a mall owner and escalator manufacturer after her right big toe was "crushed and shredded" during a Christmas shopping trip in Arkansas last year.

Siddiqui was riding down an escalator at the Park Plaza mall, when her boot got caught and pulled into the moving escalator. Her right big toe was caught in the escalator's teeth, turning it into "hamburger meat," according to her attorney, Denise Hoggard. Medical responders hoped to reattach the toe, and therefore couldn't use pain killing medication during the agonizing and protracted rescue. In the end, the toe couldn't be saved.

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.