Generally speaking, property owners are not expected to keep their property safe from trespassers. The only real exception is when a property owner is responsible for some willful or wanton conduct that results in injury to a trespasser. When it comes to the precise duty that is owed to a trespasser, each state has passed specific laws governing that...
Continue ReadingPremises liability injuries can occur in several different situations and vary in severity. Many people spend a good part of their day on someone else’s property, whether grocery shopping, at a restaurant, or recreating. When you are legally on a piece of property owned by someone else, the property owner owes you specific duties to lessen the risk of...
Continue ReadingOur Arkansas and Missouri premises liability lawyers explain the difference between a licensee and an invitee. Legal responsibility for a person’s injuries, when they are sustained on someone else’s property, usually falls on the property owner and/or occupier. Property owners have certain duties and obligations to the individuals who are on their property, depending on the reason for the...
Continue ReadingPremises liability cases can be tricky. One of the most challenging issues is proving who had knowledge about the hazard that ultimately caused an injury. Typically, it comes down to who had superior knowledge. In a recent case out of our Nation’s capital, an appellate court considered the effect of the victim’s knowledge of the dangerous condition. The question...
Continue ReadingA resident of Connecticut recently received a $375,000 settlement after he fell 10 feet when a stairway collapsed. The stairs were located in the apartment complex where the 57-year-old lived and two stairs collapsed because they were severely rusted. He sustained serious injuries, including a broken kneecap, upper leg and left shoulder. He was standing on the top stairway...
Continue ReadingSlip and fall injuries are quite common, unfortunately. They can occur at a wide variety of locations. One of the most important questions that comes up after a slip and fall injury is who can and should be held responsible for those injuries? That question can be a little complicated for slip and fall injuries on rental property. The...
Continue ReadingMost people who are injured while on someone else’s property at least consider filing a lawsuit to recover for their injuries. Yet, depending on the actual value of your case, it may not always be the best decision. What you must consider is whether, after it is all said and done, will you end up with sufficient compensation to...
Continue ReadingMost customers visiting a store never give the condition of the sidewalks a second thought. We just assume they are safe and well-maintained. The reality is, a crack in the pavement or a sudden unevenness in the surface can send you sprawling. Sidewalk injuries can actually result in more serious injuries than you might suspect. But, what is the...
Continue ReadingWith the Christmas holidays over, and the mad shopping days behind us, it is very likely that either you, or someone you know, may have been injured in a store. You may have been walking through the mall carefree, when you slipped on something on the floor and fell. Do you file a lawsuit? If so, how do you...
Continue ReadingYou are walking through a store and trip over something in the aisle. Should you file a lawsuit? If so, who do you sue and what evidence do you need to prove your case? Liability in a premises liability case depends on why you were on that particular property, and whether the property owner breached the particular duty owed...
Continue Reading