Premise Liability Claims and Case Example of Slip on Uneven Floors

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...

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...