Articles Tagged with premises liability lawyer

Many millions of people are at a Wal-Mart every day, whether to work or to shop. The world’s largest box store sees an influx of customers around the winter holidays. Recently, questions have arisen as to whether the store is doing enough to ensure customers and workers are reasonably safe. Property owners/ managers who invite the public on site for the financial benefit of the business owe those people the highest duty of legal care in making sure they are safe from an unreasonable risk of harm. This includes not just property defects (i.e., slippery floors, perilous walkways, improperly stacked merchandise), but also from foreseeable criminal assaults. parking lot

An investigation in August by Bloomberg Businessweek revealed that the retailers efforts at aggressive cost-cutting come at a steep price: Safety. The researchers delved into police and hospital records to reveal that hundreds of violent crimes happen at Wal-Mart stores every day, including attempted kidnappings, shootings, stabbings and murders. It breaks down to about one violent crime every day. Some police chiefs have actually spoken out against the retailer, arguing that taxpayers are effectively subsidizing security for the stores. One chief in Arkansas remarked that despite the fact that this is the world’s largest retailer, half is squad is there for hours on end throughout each shift, responding to calls. These problems were far worse at Wal-Mart, as compared to the chain’s rivals.

Now, a group of labor organizations are pressing for the company to do more to improve security in stores and surrounding parking lots. The groups have met with local and city officials in Florida, Oklahoma, Texas and Minnesota, asking that they declare the Wal-Mart stores in their communities to be a public nuisance, which increase the pressure on the company to improve security.  Continue reading

Following a massacre at a nightclub in Orlando by an American security guard who claimed terrorist ties, Florida now has the dubious distinction of being the site of the largest modern-day mass shooting. nightclub

Investigators are still working to piece together what exactly happened and the true motive of Omar Mateen, a New York native who frequented the gay nightclub in the months before the horrific attack. They will also be looking at the kind of security the nightclub had and the emergency response.

In civil litigation, third-party attacks can be compensable by a business if the property owner/ manager could have foreseen the attack and failed to take adequate measures to stop it. For example, if a club that serves alcohol and is know to have frequent disturbances that require police intervention does not invest in hiring the appropriate number of bouncers and other staff to keep the crowd safe, it could be held liable for negligent security. Continue reading

In order to prove premises liability, plaintiffs must show that the property owner or manager knew or should have known that an unsafe condition existed and that there was a failure to warn or address the problem in a timely manner. fence

In the recent case of Wheeling Park Commission v. Dattoli, the West Virginia Supreme Court reversed a trial court damage award of nearly $56,000 (which plaintiff was hoping to have increased on appeal), finding plaintiffs did not establish a prima facie case of negligence because there was no evidence the park’s commission knew or should have known of the defect that reportedly caused plaintiff’s injury.

The incident in question occurred in September 2007 at a resort and conference center. Plaintiff was there with his wife attending activities at the park when he leaned against a split rail fence. As he did so, the end of the top rail broke into numerous pieces, causing plaintiff to fall down and injure his shoulder. Continue reading