In premises liability claims, the plaintiff must present evidence of each element in order for a judge to submit the case to a jury. If a plaintiff fails to establish each element of his claim, the judge will grant a defense motion for summary judgment, if made. One element that…
Earlier this month, a state appellate court issued a written opinion in a personal injury case, raising an important issue that frequently comes up in Virginia slip-and-fall cases. Specifically, the court was tasked with determining whether a business owner was reasonable in waiting until a storm passed to clear ice…
Earlier this month, an appellate court in Illinois issued an opinion in an interesting case that presents relevant issues to victims who are considering filing a Virginia premises liability case against a government entity. Specifically, the case deals with the state’s recreational use statute and whether the trail where the…
Last month, an appellate court in Mississippi issued an interesting opinion that should act as a word of caution to victims who are considering bringing an Indiana personal injury case. The opinion discusses the breadth of a settlement agreement entered into by the plaintiff and one of the parties she…
When someone is injured in a Virginia slip-and-fall accident and files a personal injury case seeking compensation for their injuries, the case will be heard by either a judge or a jury. Even if the case is heard by a jury, the judge will have an important role throughout the…
While all landowners and business owners have a duty to ensure that their property is safe for those whom they invite onto their land, there are limitations to this duty. One of the most common limitations that courts impose on a landowner’s duty to keep his premises safe involves dangerous…
Earlier this week, an appellate court in Rhode Island issued a written opinion in a premises liability case brought by the parents of a young boy who was injured while playing baseball in a park owned and operated by the defendant city. Ultimately, the court determined that although the plaintiff…
Earlier this month, a state appellate court issued an opinion in a premises liability case that required the court to determine if a school could be held liable in a case in which a student slipped and fell on a patch of ice that formed after the school applied snow-melt in the…
Property owners across the State of Virginia owe a duty to those whom they invite onto their land. The extent of that duty depends on the relationship between the parties. However, as a general rule, if someone is invited onto the property of another party and slips and falls due…
Earlier this month, a federal appellate court issued a written opinion in a premises liability case that reversed a lower court’s determination that the plaintiff was not entitled to punitive damages as a matter of law. The court concluded that, given the facts presented in the plaintiff’s claim, a jury…