Premises Liability

June 27, 2016

Alcala v. Marriott Int’l, Inc,. – Icy Sidewalk Slip-and-Fall Lawsuit To Be Retried

The Iowa Supreme Court has set for retrial the case of Alcala v. Marriott Int’l, Inc., a slip-and-fall case that involves a hotel business guest who was injured after a fall on an ice-slicked walkway on the property.

Boston residents are well familiar with the phenomenon of ice and snow during the brutal winter months. Of course, it’s not something many want to spend time thinking about at the start of summer, but it’s worth keeping abreast of legal developments on this front because it does affect many in Massachusetts for a good six months out of the year.

In Massachusetts, the 2010 ruling of Papadopoulos v. Target Corp. upended the previous slip-and-fall standard when it came to snow and ice, which was that there was no liability for naturally-accumulated ice and snow, but there was for unnaturally-accumulated ice and snow. The Maine Supreme Judicial Court held that a property owner owed a duty to lawful visitors in both cases to protect them from hazards arising from snow and ice. Whether a property owner’s action is “reasonable” will depend on a myriad of factors, including likelihood of injury, probable seriousness of such injuries and how great a burden it is to reduce or avoid that risk altogether. Continue reading

April 9, 2016

Slip-and-Fall at Outdoor Garden Sales Center Causes Brain Injury

by Jeffrey S. Glassman

A woman in Nevada is seeking recovery for brain injury she suffered in July 2013 after a slip-and-fall at a home improvement store while she was shopping for palm trees for her garden. She alleges the outdoor area was covered with water, and presented an unreasonable risk of injury to business invitees on the property.

Defendant store, meanwhile, contends plaintiff was contributorily negligent and that she actually fell on top of a four-foot orange “caution” cone that was placed near the accumulated water to warn customers of the risk. Plaintiff has countered this was not sufficient as there was no “Wet Floor” sign and defendant knew this was not enough to warn customers, considering there had been 33 similar falls at other stores across the country – including two previous slip-and-fall accidents at this very same location.

The 38-year-old mother of three said as a result of her slip-and-fall, she suffered a fractured skull and brain injury that resulted in a permanent loss of smell and taste. Continue reading

February 5, 2016

Grammer v. Lucking: Liability in Dog Bite Cases

by Jeffrey S. Glassman

Grammer v. Lucking, a case from the Supreme Court of Nebraska, deals with an injury alleged to have been caused in the course of a dog attack. However, this was not a typical dog bite case in the traditional sense of the term.

In their complaint, plaintiffs, husband and wife, were walking one day when they found themselves in close proximity to the defendant’s home. When they got to the defendant’s home, they saw that they there were two dogs in the yard. One of the of the dogs was on some type of chain, and the other dog was not on any kind of chain or restraint. There was no fence surrounding defendant’s yard. Continue reading

August 31, 2015

Visitor Killed in Tank Accident on Land Owned by Jelly Belly CEO

by Jeffrey S. Glassman

According to recent news from The Reporter, the CEO of Jelly Belly, the famous candy company that produces the popular candy of the same name, has issued a public statement about a fatal tank accident that occurred on his privately owned property.

Authorities say a visitor was run over and killed by a military-style tank or armored vehicle on property owned by the candy company CEO. The accident is still under investigation. CEO Herman Rowland issued the statement, in which he said his entire family is still in a state of shock. He went on to say an invited guest of the family was there for a family reunion, when he “was involved in an off-road vehicle accident on private property.” He then went on to express many good qualities about the victim and how his loss has affected the family. Continue reading