Pool Deck and Aquatic Facility Slip-and-Fall: Proving Liability When Water Is Always Present
Wet pool decks are inherently slippery, yet defendants still assert notice defenses. This guide covers how plaintiff counsel establishes li…
Category
Slip & Fall
Premises liability, mode-of-operation
Restaurant Slip-and-Fall: Proving Floor Hazard Liability Without a Prior Incident Report
Restaurants generate slip-and-fall claims at high frequency but come to court with well-prepared defenses. The mode of operation doctrine a…
Escalator and Elevator Injury Claims: Maintenance Records, ASME Standards, and the Multi-Defendant Map
Escalator and elevator injury cases carry multiple defendants, a specific federal safety code standard of care, and maintenance records tha…
Wet Floor Signs in Retail Slip-and-Fall Cases: What Adequacy Actually Means
A wet floor sign does not automatically defeat a retail slip-and-fall claim. Here is how to challenge sign placement, timing, and visibilit…
Parking Lot Premises Liability: Notice, Lighting, and the Contractor Defense
Parking lot injury cases involve a distinct set of notice and duty questions that diverge from interior slip-and-fall practice. The duty to…
ADA Accessibility Violations as Negligence Per Se in Premises Cases
When a property owner's inaccessible design violates the ADA, that statutory failure can satisfy the breach element in a premises liability…
Winning Stairway Fall Cases With Building Code Violations
Stairway and handrail falls turn on measurements, not guesswork. Here is how to build the code case, retain the right expert, and dismantle…
The Recurring Condition Doctrine: A Route Around Proving Notice
When a plaintiff cannot pin down how long a specific puddle sat on the floor, the recurring condition doctrine lets a jury infer notice fro…
The Storm-in-Progress Rule and How to Beat It
Defense counsel treats storm-in-progress as a matter of law that ends winter slip cases. Built as a factual dispute over what fell and when…
Proving the Slick Floor With Coefficient-of-Friction Data
Some slip-and-fall cases do not turn on notice at all. They turn on whether the floor was unreasonably slick, and that is a measurement a t…
The Surveillance Video That Vanished: Spoliation in Premises Cases
In a premises case the video is usually the case. Here is how to preserve it, what overwritten footage is worth, and how to build the spoli…
Beating the Trivial Defect Doctrine in Trip-and-Fall Cases
The trivial defect doctrine ends more sidewalk cases than any other premises defense. Beating it means winning the aggravating-circumstance…