In order to obtain a jury verdict in a negligence case, including a case arising from an accident at an amusement park, fair, or carnival, the plaintiff must prove not only that the defendant owed him or her a duty of care and breached that duty, but also that the…
Landowners and business operators have certain legal duties to those who come onto their property for business purposes. This includes the duty to maintain the property in a reasonably safe condition. However, those who enter another party’s property unlawfully are not necessarily owed the same duty of care. While the landowner does not have…
In order to adjudicate a claim, a court must have subject matter jurisdiction, personal jurisdiction, and venue. If subject matter jurisdiction is not present, the only remedy is dismissal of the case because the court lacks the authority to hear the case. With regard to personal jurisdiction and venue, however,…
Releases and waivers of liability are so commonplace these days that many people sign them without even stopping to consider the consequences. Perhaps they even doubt that such agreements will hold up in court if an accident does happen. The truth is that a release or waiver is an important…
Store owners, including those that own grocery stores, convenience markets, and other establishments selling food, have a responsibility to keep their premises in a reasonably safe condition. Although there are some general requirements, the specifics of what is considered “reasonable” can vary from case to case. Generally, the term “reasonably safe…
When the parties to a lawsuit have rested their cases, the trial judge issues a set of instructions to the jury before they retire to deliberate. The majority of these instructions are general in nature, but some may be fact-specific. The parties may make requests for the court to issue certain instructions,…
Generally speaking, businesses and other landowners have a duty to maintain their premises and warn visitors of known dangerous conditions. A failure to do so can result in an award of monetary damages to a person who is hurt due to the business owner’s breach of duty. Of course, such cases…
When the negligence of a landowner or business operator causes a guest or customer to fall and suffer injuries, the injured person can file a premises liability lawsuit to seek monetary compensation for medical expenses, lost wages, pain and suffering, and other damages. Typically, the defendant in such a case…
Any time that a person is hurt due to someone else’s failure to act in a reasonably prudent manner, there is the possibility of recovering money damages via a negligence lawsuit. This includes injuries caused by government employees, but lawsuits against the government are somewhat different from lawsuits against individuals or businesses. For…
You may already know that business operators and landowners can be held liable for injuries that occur on their property. Slip-and-fall accidents (also called fall down accidents or trip and falls) fall under a category of negligence law known as premises liability. What you may not know is that businesses’…