Earlier this month, an appellate court in Michigan issued a written opinion in a premises liability case brought against a city, alleging that the condition of a road was unsafe. In the case of Kozak v. City of Lincoln Park, the appellate court determined that the lower court should not…
Articles Posted in Premises Liability
Plaintiff’s Procedural Mistake Results in Dismissal of Premises Liability Case
Earlier this month, a Rhode Island appellate court issued a written opinion affirming the dismissal of a plaintiff’s premises liability lawsuit based on the fact that he initially failed to provide the correct date of the injury and then failed to attend a hearing on the defendant’s motion to dismiss.…
The Various Theories of Recovery in a Premises Liability Case
Premises liability lawsuits, more commonly known as slip-and-fall cases, are based on the legal theory of negligence. Essentially, these claims rely on the the duty that a landowner or occupier owes to those people who are invited onto its land. Historically, there have been three classes of “guests”: invitees, licensees, and…
Hot Air Balloon Operator Not Entitled to Immunity under Recreational Use Statute
Earlier this month, the state supreme court in Wisconsin issued an opinion holding that a hot air balloon operator was not entitled to immunity under the state’s recreational use statute. In the case, Roberts v. T.H.E. Insurance Co., the court determined that a hot air balloon operator is neither an…
Court Finds Little League Not Liable for Dangerous Conditions on Field
Earlier this month, the Rhode Island Supreme Court issued an opinion in a case, holding that a little league association was not liable for a parent’s injuries sustained when she fell and broke her leg in three places after stepping in a divot in the field. In the case, Carlson…
Court Dismisses Premises Liability Claim Based on Validly Signed Waiver
Earlier last month, an appellate court in Delaware heard an appeal of a personal injury case filed by a man who was injured while working out at a Planet Fitness facility. In the case, Ketler v. PFPA, LLC, the court ultimately affirmed the lower court’s dismissal of the case, based…
Ski Injury Plaintiff’s Case Dismissed for Lack of Causation, a Critical Element in Any Negligence Case
Earlier this month, the Second Circuit Court of Appeals decided a case that was brought by a man who was injured while skiing in Vermont. The allegations were that the ski resort was negligent for allowing “jumps” to be built on its terrain, which caused the plaintiff’s injuries. The court…
Court Allows Plaintiff’s Case to Proceed Against Allegedly Negligent Gym in Premises Liability Action
Earlier this month, an appellate court in California heard a premises liability case involving an injury that occurred in a gym. In the case, Jimenez v. 24 Hour Fitness USA, the plaintiff was injured while running on a treadmill in one of the defendant’s gym locations. Evidently, the plaintiff fell…
Maryland Mother Sues Airport Baggage Belt Manufacturer After Losing Her Child
In a tragic accident that occurred in a Spanish airport in September of last year, a young mother lost her daughter in an accident involving an oversized baggage belt. According to a report by one news source, the family were on their way to a Mediterranean beach vacation, flying from…
Amusement Park Safety in Ocean City and Premises Liability
In a recent article published by Delmarva Now, one inspector for an amusement park in Ocean City, Maryland discussed the safety of the rides, his job in keeping them safe, and what happens when there is a safety issue. The article explains that, each year, inspectors are charged with going…