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Articles Tagged with slip-and-fall-accident

Every state varies in its requirements for success in slip-and-fall cases. watermelon1

Slip-and-fall lawsuits are a type of premises liability claim that stems from the assertion that a business failed to keep its customers safe by addressing hazardous conditions on the ground about which they knew or should have known and in failing to warn about that risk. A requirement is that the company had either actual or constructive knowledge of it. Actual knowledge could be created in one of two ways: The company created that particular hazard or else someone informed them of it. Constructive knowledge, meanwhile, holds that a company should have known about the floor hazard because it had existed for such a period of time that it was discoverable in the course of reasonable care or else it was part of the company’s mode of operation.

In Florida, F.S. 768.0755 sets for the the requirements specifically for premises liability claims stemming from transitory foreign substances in a business establishment. This is the statute that says plaintiffs have to prove either actual or constructive knowledge of the dangerous substance on the floor.  Continue reading

The mere fact that an injury occurs in a hospital does not necessarily mean that it is a medical malpractice case.tilefloor

This is true for patients, visitors and staff, and the distinction is important because the requirements for proving medical liability differ from that which is needed to prove general liability. In the case of Reddic v. E. Texas Med. Ctr. Reg’l Health Care Sys., the Texas Supreme Court took on this very issue.

Plaintiff was a visitor who was injured when she fell in the lobby of the hospital. The key question was whether the claim was a health care liability claim under the state’s Medical Liability Act. Defense sought to prove that it was, and therefore should be dismissed because plaintiff failed to adhere to a portion of that law that requires an expert witness report to establish wrongdoing. Trial court disagreed, but the appeals court reversed. The Texas Supreme Court sided with the trial court, and put the case back on track for a jury trial on grounds of general negligence.

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