Premises Liability
REPRESENTATIVE CASES
- Plaintiff visited her parents’ home where defendant cable company’s workers were performing an installation. While walking down a hallway, plaintiff fell through the crawl space defendant had been accessing during the installation. Plaintiff sustained severe fractures to her leg and arm. Plaintiff claimed the installation workers had left the exposed crawl space unmarked and unguarded. Defendant’s claimed that the crawl space was open and obvious, and the plaintiff was aware that they had been accessing the crawl space for the cable installation.
- After slipping and falling on a wet surface in a major grocery store, plaintiff sued grocery store for injuries she sustained to her hip and wrist. Defendant claimed that it had no notice of the water spillage and that it had properly inspected the accident site in a timely manner. Defendant disputed the nature and extent of plaintiff’s injuries.
- Plaintiff, a wheelchair user, shopping at a pet shop was traveling the aisles and came across aisles that were too narrow due to products that were left on the ground waiting to be stocked onto shelves. At the end of an aisle, plaintiff realized the aisle was too narrow to make a turn and backed up and while doing so his wheelchair struck a product sticking out of the shelf causing his wheelchair to tip over. Plaintiff hit his head and suffered a concussion and a higher neck injury in his spinal cord than he originally had, causing additional loss of function. Defendant argued plaintiff’s pre-existing condition had not been aggravated and that he had not sustained further injury to his spinal cord nor additional loss of function.
- Plaintiff was riding her bike to school on the sidewalk against the flow of traffic. As defendant pulled out of his employer’s driveway, defendant struck plaintiff ejecting her from her bike. Defendant was operating an employer vehicle during the course and scope of his employment. Plaintiff sustained a spinal cord injury causing permanent partial paralysis. Defendant’s argued plaintiff violated the vehicle code by riding on the sidewalk against the flow of traffic.
- Plaintiff, a minor, was playing with friends in his backyard when he chased a ball into the abutting alley. While chasing the ball, plaintiff was struck by defendant’s vehicle, sustaining serious injuries to his arm, leg and face. Defendant claimed plaintiff darted out in front of the car. Plaintiff claimed defendant was speeding and should have been able to see and avoid striking him.
- Plaintiff fell down the stairs at a small hotel injuring his back and neck. Plaintiff claimed there was inadequate lighting and was unable to see the steps. Defendant countered that the lighting was sufficient, and that the plaintiff was not paying attention while hurrying down the steps.
- Plaintiff suffered significant injuries including a fractured arm and injuries to her neck and back after tripping and falling down the stairs of her apartment building. Among her claims, plaintiff asserted defendant’s, owner and property maintenance companies, violated building codes for railings and steps. Defendant’s countered that she had lived in the apartment for a long time, had used the stairs many times and was used to the railing and stairs. Defendant’s claim comparative negligence on the part of the plaintiff.
- While exiting an elevator at her employment, plaintiff tripped, sustaining significant back injuries. She sued her employer, asserting the elevator was not flush. Defendant asserted plaintiff excessively treated her injuries, her injuries were pre-existing, and it had no notice of the dangerous condition. Plaintiff, however, contended the injury aggravated a preexisting injury, as well as causing additional injury.
- Plaintiff, an elderly woman, trips while exiting an elevator that was not flush with the ground. She asserted she sustained significant soft tissue injuries, and a decline in the quality of her life due to pain. Defendant countered that it lacked notice of the condition, and also challenged the extent of plaintiff’s injuries.
- Plaintiff is the able-bodied wife of an individual who has physical handicaps. After showering in their handicap accessible hotel room, plaintiff tripped on the rubberized shower guard that was improperly secured to the bathroom floor. She fell, suffering a torn rotator cuff, a wrist fracture, and facial injury. Defendant claimed it had no notice of the unsafe condition, and it also challenged the extent of plaintiff’s injury, asserting she had a preexisting shoulder injury.
- Plaintiff road his mountain bike onto a mountain bike park trail and hit and an obstruction incline and/or other hazard or defect, causing his bike to unexpectedly stop, ejecting him onto the trail. Plaintiff sustained a spinal cord injury and paralysis. Defendant alleged assumption of the risk and a signed waiver.