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…
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 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…
Earlier this month, a federal appellate court issued a written opinion in a product liability case filed by a man who was injured when the solution he was using to clean his basement floor erupted into flames. In the case, Suarez v. W.M. Barr & Company, the plaintiff brought both…
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…
Earlier this month, a federal appellate court issued a written opinion in a medical malpractice case, reversing the jury’s verdict in favor of the defendant and ordering the lower court to conduct a previously overlooked analysis. In the case, Hall v. Flannery, the court reversed the jury’s verdict based on…
Earlier this month, an appellate court in Missouri issued a written opinion in a personal injury case brought by a man who was injured when he crashed and rolled his utility terrain vehicle (UTV), and the roof collapsed. In the case, Malashock v. Jamison, the court’s opinion analyzed the application…
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…
Earlier this month, one state’s supreme court issued a written opinion summarily affirming a lower court’s decision that the contract the defendant trampoline park required patrons to sign was a contract of adhesion and thus unenforceable. As a result of the court’s decision, the plaintiffs will be permitted to continue…
Generally speaking, whenever a worker is injured on the job, he is entitled to benefits though the Workers’ Compensation program. While Workers’ Compensation offers injured employees benefits roughly equivalent to what they were making while they were able to work, there is no possibility to seek damages above and beyond…