Earlier this month, an appellate court in Rhode Island issued a written opinion in which the court had to apply the recreational use statute to determine whether the defendant city could be held liable for injuries occurring at a recreational baseball game. Ultimately, the court held that the city was entitled…
Articles Posted in Premises Liability
Plaintiff’s Slip-and-Fall Case Dismissed Due to Failure to Comply with Expert Witness Disclosure Requirements
Earlier this month, a state appellate court issued a written opinion in a premises liability case brought by a woman who fell while on the defendant’s property. Because the plaintiff failed to disclose the names of her expert witnesses, the court held that the experts’ testimony was properly excluded and…
Court Applies “Natural Accumulation” Rule in Affirming Dismissal of Slip-and-Fall Plaintiff’s Case
Earlier last month, an appellate court in Wyoming issued a written opinion applying the “natural accumulation” rule to affirm the dismissal of a plaintiff’s slip-and-fall lawsuit against a middle school. In essence, the rule prevents a landowner from being held liable for injuries occurring from the natural accumulation of snow…
Premises Liability Case Arising Out of New Year’s Eve Apartment Complex Shooting Dismissed
Under the legal theory of premises liability, business owners have a general duty to ensure that the area accessible to customers is kept free from unreasonably dangerous conditions. When a business owner fails to take the necessary precautions to either remedy or warn visitors of a known harm, the business…
Plaintiff’s Failure to Name All Defendants in Slip-and-Fall Case Results in Dismissal
Earlier this year, a state appellate court issued a written opinion in a premises liability case brought by a woman who had slipped and fallen on a property co-owned by two individuals and maintained by a condo association. In the case, Garant v. Winchester, the court ultimately dismissed the plaintiff’s…
The Summary Judgment Standard in Washington, D.C. Personal Injury Cases
The Washington, D.C. judicial system is designed to handle all of the disputes arising in the District and, at times, can get fairly backed up. In particular, cases that end up going to trial take up a lot of a court’s resources. For this reason, courts implement certain rules to ensure…
Plaintiff’s Premises Liability Case Against Municipality Dismissed Due to Late Filing
Earlier this month, an appellate court in North Dakota issued a written opinion affirming the dismissal of a plaintiff’s premises liability case against a city because the case was filed after the applicable statute of limitations. In the case of Frith v. City of Fargo, the court rejected the plaintiff’s…
Man Injured in Hotel Slip-and-Fall Accident Seeks to Hold Hotel Liable
Earlier this month, an appellate court in Kentucky issued a written opinion in a premises liability case involving a man who slipped and fell while trying to get into the shower at the defendant hotel. In the case, Goodwin v. Al J. Schneider, the court held that the lower court…
Court Determines Homeowner’s Insurance Policy Covered Dog-Walking Injury
Earlier this month, a federal appellate court issued a written opinion in a case between a man injured while walking his friend’s dog and the dog owner’s insurance company. In the case, American Family Mutual Insurance v. Williams, the court determined that the injured party was not excluded from the…
Premises Liability Case Dismissed for Plaintiff’s Failure to Prove Defendant’s Knowledge of Dangerous Condition
Earlier this month, a state appellate court issued a written opinion in a premises liability case brought by a woman who slipped and fell on a piece of watermelon in a grocery store. In the case, Edwards v. Hy-Vee, the court ultimately dismissed the case against the grocery store because…