Seven years ago, a young girl was walking through the Mall of America in Minneapolis, Minnesota when she slipped and fell. This happened in a food court at the facility. The entire incident was caught on camera. She suffered a knee injury that never healed appropriately, ultimately preventing her from participating in sports that she once enjoyed.
A woman sued the city of Santa Monica after she tripped and fell on a sidewalk. The incident occurred in March of 2015, and the city just recently approved a settlement to the tune of $48,000. The woman suffered a dislocated shoulder as a result of the fall, and the injury required surgery.
Slip and falls are common premises liability incidents that garner a lot of attention because the property manager or businesses involved in the case usually exhibits some form of negligence or recklessness. Usually that negligence or recklessness is shocking. But we bring this up not because of the often-shocking nature of slip and falls, but to note that despite the common nature of slip and falls, they actually aren't the only area of premises liability.
Generally speaking, when you hear about "premises liability" or "slip and fall" cases, you probably think about an icy or wet surface causing problems for an individual. Or you may think about a dangerous condition, such as destroyed or frayed carpeting or a broken staircase, that causes some to injure themselves. These are classic examples of conditions that can spur a premises liability or slip and fall claim.
For today's blog post, we go to the eastern seaboard where a basketball referee was assaulted a couple of years ago and sued the city for it. Details are sparse, but what we know is that the referee was attacked by both coaches and fans after a basketball game. The attack resulted in the man suffering numerous injuries that required surgery and dental care.
Premises liability seems very simple, at least on the surface. Property owners that keep their buildings in a safe and orderly state of repair, thus ensuring that patrons or guests frequent it without incident, don't have to worry about it. But those property owners or managers that fail to maintain the safety of their real estate risk running afoul of the law and, thus, subjecting themselves to premises liability.
A couple of months ago, we wrote a post about a complicated slip and fall situation. The case spawned numerous other pieces of litigation outside of the actual slip and fall incident itself. If you want to review that intriguing episode, click here. Today, we want to write about another slip and fall incident -- albeit one that has another set of bizarre circumstances, even though they aren't as outlandish as our previous article.
A slip and fall lawsuit that is far more complicated than it probably should be is making headlines. The case all started with an incident back in 2009. A man was in a QuikTrip store and slipped on a recently-mopped part of the floor. As a result of the slip and fall, the man suffered serious back injuries that required two surgeries, lots of treatment and was allegedly a "10 out of 10" in terms of pain according to one of the doctors treating the man. The doctor also said the man may need treatment for the rest of his life.
While the following story is specific to the state of Oklahoma, it contains premises liability information that is pertinent here in the Bay Area and, really, anywhere in the United States. The Oklahoma Supreme Court reversed the ruling of a lower judge that decided an icy sidewalk that causes a slip and fall could not be compensated under workers' comp. The Supreme Court ruled in favor of an employee of the Oklahoma State University at Oklahoma City, who slipped and fell on an icy sidewalk.
When someone is injured on the property of another person or company, it is right to start asking questions. Who is liable? Was my injury caused by their premises or my own actions? Are the conditions of the property up to the acceptable standard? Were the people in charge doing everything in their power to make patrons safe?