Premises Liability
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Rise in the concrete
The rise in the concrete along the sidewalk in front of the defendant’s house was over two inches, and when the sun set and shadows were cast, plaintiff, a 70-year-old grandmother walking with her two granddaughters, didn’t see the rise, tripped, fell and
fractured her arm. Her granddaughter called 911, an ambulance came and whisked grandma away. The fact that the shadows hid the rise in the concrete was an important fact in overcoming the defense argument that grandma should have watched where she was going. She was, but the danger was hidden from view, so she didn’t see it.
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Iced Parking lot
The owners of the parking structure knew there was a spot on the top floor that accumulated rainwater and that in the winter the rainwater would freeze and turn to ice. The owners knew people parking in the parking structure would be unaware of the hidden
danger, yet it took no steps to prevent people from slipping and falling. The company’s failure to warn of or take steps to correct a known problem was an important fact in establishing the company’s liability.
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Attacked by a Dog
The Rottweiler was maltreated by its owner. It had gotten out of the house and was roaming the neighborhood. As it neared plaintiff’s residence, plaintiff’s child was walking out the door to get in the car to go to school. Plaintiff saw the dog and ran out to
protect her child. The dog then turned its attention on plaintiff, and lunged at her, sinking its teeth into her arms and legs. Neighbors came to plaintiff’s rescue. Through discovery, plaintiff learned an important fact – the dog was known to have attacked before. The dog’s owner had homeowner’s insurance, which paid policy limits to settle the claim.
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