Articles Posted in Slip and Fall Accidents

In a recent case, a state appellate court issued an opinion in a Virginia premises liability lawsuit addressing a previously unanswered question regarding the duty a vacation home owner owes to short-term guests. The case may prove instructive to homeowners dealing with Washington, D.C. premises liability cases. The court in this case ultimately concluded that the arrangement to rent a vacation home, even for a short period of time, more closely resembles the relationship between a landlord and a tenant than it does an innkeeper and a guest.

The Facts of the Case

According to the court’s opinion, the defendants owned a home in Virginia Beach. The defendants would rent the home out to vacationers between May and October. During those months, the defendants used a property management company to handle the day-to-day duties associated with maintaining the home, including cleaning the house which was only done in between stays. The home was rented fully furnished.

The plaintiff’s family rented the defendants’ vacation home for a week. The plaintiff checked in at the property management office and was provided linens. As the plaintiff was carrying a bin of linens through the house, she tripped on a raised strip of wood that was used as a transition between carpet and tile. As a result of the fall, the plaintiff seriously injured her elbow, which later required two surgeries.

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Recently, a state appellate court issued a written opinion in a personal injury case involving the application of the state’s recreational-use statute (RUS). A RUS is a statute that grants qualifying landowners legal immunity from injuries that occur on their land if certain conditions are met. Importantly, the applicability of a RUS must be established by the landowner.

The case is important to Maryland, Virginia, and Washington, D.C. slip-and-fall injury victims because each of these jurisdictions has a version of a recreational-use statute that may apply in some situations.

The Facts of the Case

The plaintiff was seriously injured when his bike struck a pothole while he was riding on a path in a park that was maintained by the defendant city. The plaintiff claimed that the city was negligent in allowing the pothole to exist and had acted willfully or maliciously in its failure to warn park visitors or fix the hazard.

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Recently, a state appellate court issued a written opinion in a personal injury case raising an interesting issue that may arise in Washington, D.C. personal injury cases involving sports related injuries. The question involved the duty of care owed among co-participants in a sport event, and under what circumstances that duty applies.

The Facts of the Case

The plaintiff and defendant were golfing together when the defendant struck the plaintiff while driving the golf cart. The plaintiff filed a personal injury lawsuit against the defendant, seeking compensation for the injuries he sustained in the accident.

The defendant claimed that, as a co-participant in the golfing game, he owed the plaintiff a duty to refrain from acting recklessly. The plaintiff argued that the standard was one of “negligence.” The trial court agreed with the defendant, imposing a reckless standard, and the jury resolved the case in the defendant’s favor. The plaintiff appealed, arguing that the court improperly applied the reckless standard.

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In order to establish liability in a Washington, D.C. premises liability lawsuit, the plaintiff must present evidence that the defendant landowner’s negligence caused their injuries. While causation can be inferred from the facts of some slip-and-fall cases, other cases require expert testimony to assist the judge or jury in understanding why the defendant’s actions caused the plaintiff’s injuries.In a recent case, a court dismissed a plaintiff’s slip-and-fall case for lack of causation, even though she presented the testimony of an expert who claimed that the floor where the plaintiff fell constituted a dangerous hazard because it was not up to industry standards for slip resistance.

The Facts of the Case

The plaintiff was shopping at the defendant grocery store when she slipped and fell in the bakery area of the store. The plaintiff testified that she did not see anything on the floor prior to her fall or after her fall. However, when filling out the incident report after the fall, she described feeling as though she stepped in something slippery. A store employee who came to the plaintiff’s aid did not notice anything on the floor but did take note of the fact that the plaintiff was wearing three-inch heels.

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Recently, a state appellate court issued an opinion in an interesting personal injury case dealing with the burden a defendant has in order to succeed in a summary judgment motion. The case required the court to determine if the plaintiff presented sufficient evidence to permit her case to proceed to trial over the defendant restaurant’s summary judgment challenge. Holding that the evidence did not preclude a finding in the plaintiff’s favor, the court determined summary judgment in favor of the defendant was inappropriate.The case presents an important issue for Washington, D.C. premises liability plaintiffs, in that it illustrates the manner in which courts view claims brought by customers against business owners for injuries that occur on their premises.

The Facts of the Case

The plaintiff was dining at the defendant restaurant with a friend. Specifically, the two were outside on the patio of the restaurant. During lunch, the plaintiff removed a light jacket and set it down either on the chair next to her or on a low cement wall adjacent to the table. After the two had finished, the plaintiff put her jacket back on and immediately felt a sharp pain in her shoulder. When the plaintiff’s friend asked her what was wrong, the plaintiff responded that she thought something had bitten her.

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In a recent personal injury case, a state appellate court held that a grocery store could be held liable for a plaintiff’s injuries that were caused by an independently contracted maintenance worker’s failure to clean up a puddle of soapy water after mopping the floor. The case presents an interesting and important issue for Washington, D.C. personal injury victims because it illustrates under what circumstances a business owner can be held liable for the negligence of others.

The Facts of the Case

The plaintiff was shopping at the defendant grocery store when she slipped and fell in a puddle of soapy water. Evidently, the puddle formed after the maintenance worker had mopped the store’s floors the evening before.

The maintenance worker did not work for the defendant grocery store, but for a company that the grocery store had contracted with to perform all the store’s cleaning. So the grocery store contracted with the cleaning company to perform the cleaning services, and then the cleaning company hired the maintenance worker as an independent contractor to perform the actual cleaning.

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Earlier this month, a state appellate court issued a written opinion in a personal injury case requiring that the court determine if the trial judge properly granted the defendant’s motion for summary judgment in the plaintiff’s premises liability lawsuit. Ultimately, the court concluded that the plaintiff’s testimony created a genuine issue of material fact, necessitating a jury trial. Thus, the court reversed the lower court’s decision to grant the defendant’s motion.

The case is important for Washington, D.C. personal injury victims because it illustrates the summary judgment standard, as well as the evidence necessary to survive this type of challenge by the defense.

The Facts of the Case

The plaintiff was shopping at the defendant hardware store when he caught sight of a heavy object out of the corner of his eye falling to the ground. The object made contact with the back of the plaintiff’s leg, causing him to fall and sustain serious injuries.

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Earlier this month, a state appellate court issued a written opinion in a personal injury case that raised an important issue that often comes up in Washington, D.C. premises liability lawsuits. The case presented the court with the issue of whether a plaintiff’s knowledge of the hazard that caused her fall was fatal to her claim. Ultimately, the court determined that the plaintiff’s knowledge of the hazard precluded any liability on the defendant shop-owner’s part.

The Facts of the Case

On a cold January morning, the plaintiff was running an errand for her employer which required her to pick up an order at the defendant’s shop. The plaintiff arrived at the shop and as she approached the front door, noticed that there was a puddle of water on the pavement at the base of the stairs leading up to the entrance. The plaintiff then noticed that there was a spigot that had been left open and was dripping, resulting in a slippery hazard.

The plaintiff made it by the icy patch and up the stairs, at which point she informed an employee of the puddle. The employee explained that someone had left the spigot open so the pipes wouldn’t freeze, and instructed the plaintiff to exit out a set of rolling doors along the side of the building. However, the employee told the plaintiff not to let anyone else know that he permitted her to leave through that door, because it could result in him being fired.

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Recently, a state appellate court issued an opinion in a personal injury case that presented an interesting issue that will be relevant for many Washington, D.C. slip-and-fall accident victims. The case discusses the threshold issue in many premises liability cases, specifically, the quantum of evidence necessary to survive a defense summary judgment challenge.

Summary Judgment

Generally speaking, summary judgment is a process by which a party asks a court to make a legal determination based on the pleadings. Essentially, when a party asks the court to grant a motion for summary judgment, the party is claiming that by looking at the uncontested evidence, the other party cannot prevail as a matter of law. Importantly, summary judgment is not appropriate when the opposing party can establish that there is a contested material fact.

The Facts of the Case

The plaintiff was shopping with her husband at the defendant grocery store. The couple put several bottles of juice in their cart, and then the plaintiff separated from her husband to find a restroom.

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Recently, a state appellate court issued a written opinion in a personal injury case involving a defendant grocery store’s claim that it could not be held liable for the plaintiff’s injuries because it did not have knowledge of the hazard that caused the plaintiff’s injuries. The case is important to Washington, D.C. accident victims as well because this type of defense commonly arises in Washington, D.C. slip-and-fall accidents.

The Facts of the Case

The plaintiff was at a grocery store shopping for garden supplies when she slipped and fell in one of the store’s aisles. While the plaintiff did not notice anything on the floor initially, when she got up, she noticed that she had stepped in a puddle of water. Neither the plaintiff nor the store employee who came to assist her could locate the source of the water initially, but it was later determined that the water came from a carpet-cleaning machine kiosk.

The kiosk was owned and operated by the company that rented the machines. The agreement between the grocery store and the carpet-cleaning machine rental company allowed for the placement of the kiosk, and in return, the grocery store would be entitled to a share of the revenue brought in by the rentals. While other grocery stores with similar kiosks asked to be trained in how to operate the kiosks, this particular grocery store never asked to receive any training.

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