Recreational use statutes encourage landowners to open land for public recreational use by providing the landowner immunity from liability for personal injury. The purpose of the recreational use statute is to encourage the opening of lands to the general public that would otherwise be closed. Immunity under the recreational use statute applies only if 1) […]
Gilberto was walking home one night when he noticed two men following him. They assaulted Gilberto in a poorly lit area of the apartment complex in which he lived. Gilberto sued the apartment complex. He alleged that the apartment was aware of numerous previous criminal incidents, and therefore the lack of a security gate […]
Suzette worked for Frontier Bank. In December 2009, her employer instructed her to visit some local businesses that did their baking with Frontier Bank. Suzette visited one such business, walked out, and headed next door to another business. Before she reached the next door Suzette found herself on the ground. She had seen no obstruction […]
Renato and Joleen lived with their two small children in an apartment. One day when Joleen was alone with the kids Joleen heard one child screaming. She was in the bathroom, and could not see the kids. At first she assumed it was horseplay. When the screaming continued Joleen went to investigate. Joleen discovered her […]
A woman frequently visited a high school to use its running track. On one occasion she took a different route, one that required her to step down from the bleachers onto the track. She did not accurately perceive the rise that separated the bleachers from the track surface. As she took the step, she fell […]
A bicyclist riding in a city park attempted to steer around a speed bump. The speed bump was painted yellow. The City had placed an asphalt berm between the speed bump and the curb in order to divert water. The berm was about one inch shorter than the speed bump. It was not pained. The […]
A Lowe’s Home Improvement customer was viewing a kitchen counter display when a box fell from above and hit her between the eyes. She never saw it coming. The box was not part of the kitchen counter display. The box was on a high shelf, out of reach of customers, and accessible only by […]
Dori moved back to her father’s rural home to help care for him after he was diagnosed with cancer. Her father kept an all-terrain-vehicle (ATV), which he had modified so the driver could swift from two-wheel-drive to four-wheel-drive.
Jerelyn was a part-time paraeducator at an elementary school in Kennewick, Washington. One January morning she noticed it had snowed, dressed accordingly, then drove to the school without losing traction. She began work at 10:30 a.m. Consequently, about 65 to 70 employees arrived before her. After she got out of her car she slipped and […]
A worker was mowing at a golf course. A tree fell and injured him. The tree had suffered decay that was discoverable by simply pulling back the ivy around the base of the tree. The injured man sued the golf club and the home owner’s association.
Cindy fell on a grape at the checkout in a Ross store in Lynnwood, Washington, and injured her shoulder. She later sued Ross for personal injury. Ross moved to dismiss. Cindy’s attorney argued that the store failed to preserve evidence by allowing a video of the fall to auto-delete after 17 days. Her attorney also […]
George confronts Michael at a nightclub. Security throws George out, but later lets him back in. George confronts Michael again, and security throws them both out. Outside, George shoots and seriously wounds Michael. Michael apparently staggered back into the alcove of the nightclub, and allegedly the nightclub security then “dumped him on the sidewalk” on […]
Many people assume that if someone is injured on another’s property, the property owner or occupier and their insurance carrier are automatically on the hook for the injury claim. Nothing could be further from the truth. In reality, slip and fall cases are among the toughest for the personal injury claimant to win. The Court […]
A woman was shopping with her two-year-old child in a Big Lots store in Washington. A Big Lots employee was stacking heavy boxes across the aisle. The employee knocked over some of the heavy boxes, which struck the child on the head. The boxes pushed the child head-first into metal shelving, cutting a large gash […]
A hairdresser went to a heavy metal concert featuring a band called “Spiderface.” Spiderface uses fake blood. The hairdresser slipped and fell in the fake blood. She broke her ankle, and was unable to work for months.
An elderly woman fell in a puddle of water near an elevator in a hospital. She was taken to the ER, treated for a dislocated shoulder, and released. Family members found her unconscious the next morning. She died less than a week later from intracranial bleeding.
A woman fell in water about fifteen feet from the checkout in a Walmart store. She was injured. She sued. The trial court dismissed. She appealed.
A long-haul truck driver delivered a trailer to a Lowe’s store. Although she would sometimes open the trailer doors in the loading dock, unloading the trailers was not her job. On this delivery, when she attempted to open the trailer doors she noticed that the cargo had shifted and some boxes pressed against the doors. […]