Strange, unexpected acts happen every day. Thus, even when an individual or entity may have acted negligently, they are not always held responsible if an unusual or unexpected event occurs, thereby causing harm. In order to prove a negligence claim in this type of situation, a plaintiff must prove the elements…
In a recent case, a woman was injured after she tripped on a large crack between two sidewalk slabs. The woman sued the city, arguing that the city was liable for failing to maintain the sidewalk in reasonable repair. She claimed that the sidewalk’s hazardous condition had been present for…
In a recent case, a man brought a claim against a church after he was hit by a car while he was crossing a road to go to the church. The man had just parked his car in an overflow parking lot, which was owned and staffed by a local…
In a recent case before a state appellate court, a 29-year-old man dove into a pond at a park and broke his neck. Sadly, the man was paralyzed from the neck down as a result. His wife and he filed a claim against the state, alleging negligence and premises liability.…
Following the court’s rules and orders can be as important as the case itself. In a recent case, a claim was dismissed after the man and his attorney failed to attend a scheduled hearing. The man filed a complaint against a defendant after he sustained injuries during a fight at the…
Everyone has seen someone slip on an icy sidewalk, and the injuries can be serious. But whose duty is it to maintain the sidewalk, and what does that duty require? In a recent case, a court held that a case had to be retried when a plaintiff failed to explain what…
In some cases, the cause of an injury is clear. But in certain cases, especially when people have a long, complicated medical history, the cause of the injury can be a major point of conflict in the case. In a recent case, the defendant argued that it was not liable because…
In a recent case, a woman filed a complaint against CVS for negligence and wantonness. The injury occurred on September 2, 2013 after the woman fell on an unknown substance in a retail store. She filed the claim on August 26, 2015. When she filed the complaint, she filed an…
Sometimes, even when an individual has a valid claim, a failure to comply with procedural requirements can destroy one’s case. In a recent case, one man’s claim came to a halt after he failed to provide written notice within the required period. The plaintiff fell down a set of stairs…
Some activities are inherently risky, and often patrons are required to sign a waiver of liability before participating. However, the scope of the waiver may be limited by law, and specific portions could be found invalid by a court if they are challenged. In a recent case, a woman sued…