29 May

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Premise Liability and Duty Owed to Business Invitees

A premise liability action is a negligence action. As with any negligence action, a focus is on the duty the defendant (the landowner or possessor of real property) owes to the plaintiff. In a premise liability action, a focus is on the duty an owner or possessor owes to an invitee. An owner owes two duties to a business invitee: (1) the duty to use reasonable care in maintaining the property in a reasonably safe condition; and (2) the duty to warn of dangers of which the owner has or should have knowledge and which are unknown to the invitee and cannot be...

08 August

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Premise Liability Claims and Case Example of Slip on Uneven Floors

Posted by David Adelstein

in Trial Perspectives

In premises liability cases, the plaintiff must show the defendant had actual or constructive notice of the dangerous condition on its premises, the defendant owed a duty to protect the plaintiff from the dangerous condition, the defendant breached that duty, there was a causal connection between the defendant's breach and the plaintiff's fall, and the plaintiff suffered damages as a result. “[A] business owner owes two ‘separate and distinct' duties to business invitees: ‘1) to warn of concealed dangers which are or should be known to the owner and which are unknown to the invitee and cannot be discovered through...

09 August

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Employee’s Premise Liability Claim Barred by Disclaimer / Release in Employment Agreement

Posted by David Adelstein

in Trial Perspectives

Many times, an employee is required to sign a contract or agreement by the employer as a condition of employment. If the employee does sign, they are employed. If the employee does not sign, there is no employment. The catch-22 when it comes to employment agreements. If you have questions about what you are signing, do yourself a favor and consult with counsel. This way, you at least have an understanding as to what rights you may be foregoing. There are times these employment agreements are later challenged in court by the employee when the employee leaves the company and argues...

28 September

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Uneven Floor Level Does Not, in of Itself, Support Premise Liability Claim

Posted by David Adelstein

in Trial Perspectives

Does an uneven floor level, in of itself, support a premise liability claim? No! Uneven floor levels are not so uncommon. The case of Contardi v. Fun Town, LLC, dealt with this issue in the context of an uneven floor at a skating rink – the difference between the skating rink floor and building’s subfloor. A person was injured when exiting the skating rink to the building’s subfloor and, consequently, filed a premise liability lawsuit. The owner of the skating rink was granted summary judgment and the summary judgment was affirmed on appeal finding that a premise liability claim did not...

15 June

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Premise Liability and the Obvious Danger Doctrine

Posted by David Adelstein

in Trial Perspectives

In the premise liability context: [T]he obvious danger doctrine provides that a landowner "is not liable for injuries to an invitee caused by a dangerous condition on the premises when the danger is known or obvious to the injured party...

10 February

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Duty to Maintain Property May Exist Even with Open and Obvious Dangerous Condition

Posted by David Adelstein

in Trial Perspectives

Everybody knows that you need to maintain properties, no matter what type of building it is. If a lock breaks, call a locksmith as soon as possible to change it. If you see signs of pests, get professional pest control san marcos tx to ensure it's dealt with. If a pipe leaks, hire a plumber and make sure there's no water damage. The list goes on. However, did you know that you've got a duty to maintain even the most obvious issues and dangerous conditions? Even with an open and obvious dangerous condition, there may still exist a duty to...

01 September

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Premise Liability Claims and Duties of Owners to Invitees

Posted by David Adelstein

in Trial Perspectives

Owners of real property are oftentimes concerned about the prospect of premise liability claims when people are invited onto their property. What happens if an invitee, such as a business invitee, gets hurt on the owner’s premises? What duty, in particular, does the owner of the real property owe to invitees? The owner or occupier of real property owes two duties to business invitees, namely [1] a duty to “use ordinary care in keeping the premises in a reasonably safe condition” and [2] a duty to warn of latent or concealed hazards that the owner/occupier knew or should have known about...

09 May

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Applying the Tipsy Coachman Doctrine

Posted by David Adelstein

in Appeal

In a previous article, I discussed the appellate doctrine known as the tipsy coachman doctrine, which stands for the principle that an appellate court can affirm a trial court even if the trial court reached the right result (supported by the record) but for the wrong reasons. This doctrine allows an appellee (party prevailing in the trial court and responding to appeal) that is arguing to affirm the trial court’s ruling to present any argument on appeal supported by the record even if that argument was not raised in the trial court. Dade County School Board v. Radio Station WQBA,...