Usually, in cases involving violent acts on another’s property, the property owners, property managers and landlords cannot be held liable, but if this case ends in a favorable outcome for the family, a new precedent may be set in premises liability law. It is true that Walmart did not have security personnel on-site; prior to the shooting, it had off-duty police at all its El Paso locations but discontinued the practice sometime before the incident.

After the incident, Walmart reinstituted the practice. Walmart has an internal process, which it has not disclosed, for determining how much security is needed at each of its locations. In many cases, it has decided that storewide security cameras are enough for loss prevention. Most retailers only recruit security personnel for stores in manifestly crime-infested neighborhoods.

Inadequate security can provide grounds for a claim. The lawsuit goes further, though, stating that Walmart’s security staffing decisions are more profit-based than customer-based.

Those who have been injured on another’s property and believe the owner did not take reasonable steps to prevent it may want to learn more about premises liability. Furthermore, they may discuss their case with an attorney who works in premises liability law. If the case appears to be strong, the attorney may hire investigators to gather proof against the defendant. Victims may leave all settlement negotiations to legal counsel and litigate as a last resort.

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The lawsuit specifically states that the homeowner could have warned guests that one of the occupants engaged in drug activity. However, an individual should also be aware that using drugs is a dangerous activity. It’s possible that the homeowner could have called police or taken other steps to intervene to stop drugs from being brought onto the property. It’s important to note that it’s uncertain whether the home was actually leased to the individual who was said to have engaged in drug activity.

Furthermore, it’s not known whether the homeowner knew about or took steps to facilitate drug use or other activity on the property. Therefore, it’s hard to say whether he would have been negligent in not preventing conditions to exist that led to a person’s death. According to the North Dakota Supreme Court, the law ultimately does not make the homeowner liable in this case.

To obtain a successful outcome in a premises liability case, it’s generally necessary to show that negligence occurred. It’s also generally necessary to show that a duty of care existed that was breached. An attorney may review evidence in a premises liability case to determine if negligence occurred and a duty of care was breached. This evidence could help lead to a favorable outcome for the victim.

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According to the lawsuit, the plaintiff attended one of Copperfield’s shows at the MGM Grand in November 2013. During the show, he was randomly selected to help perform a trick in which the famed magician makes a person disappear from the main stage and reappear at the back of the theater. During opening statements for the trial, the plaintiff’s attorney explained that his client was made to hurry through hallways and a darkened outdoor area that led to the back of the theater. Just short of the theater door, he slipped and fell, suffering serious injuries.

The attorney claimed that the plaintiff was never warned about the dangers of participating in the trick. He also said his client trusted that Copperfield would keep him safe. However, once backstage, the plaintiff was rushed through unfamiliar corridors and areas with poor lighting. The situation was made more dangerous due to construction dust in the area. Meanwhile, MGM’s attorney claimed that the plaintiff did not slip and simply missed a step. He also claimed that Copperfield had passed through the same route 10 minutes prior to the accident and did not report any problems. When people are injured on a company’s property, they have the right to pursue a premises liability claim seeking compensation for damages. These damages may include medical expenses, pain and suffering, lost wages and other related losses. A premises liability attorney could assess a victim’s case and explain all legal options available.

Source: Claims Journal, “Trial Begins in Slip and Fall Case Focused on David Copperfield Show“, Regina Cano, April 15, 2018

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The wind is blowing, it’s cold and it’s snowing. This means that ice dangers will be present in New Jersey parking lots and sidewalks. Ice causes numerous injuries every year when New Jersey residents fall on slippery patches found throughout the state. As such, you and your family need to be careful in order to prevent a slip-and-fall injury. Here are a few tips for preventing the catastrophic injuries that can result from such accidents:

Do the penguin walk: Penguins walk the way they do for a reason. They’re always on slippery ice, and they don’t want to fall and get hurt. The more you look like a penguin when you walk with slow, deliberate, flat-footed and small steps, the better you will be at keeping your balance. Watch where you walk and keep your gravity forward slightly.

Wear the right shoes: Putting on the correct shoes will go a long way to prevent a slip-and-fall. In icy and wintery conditions, wear waffled, flat, rubber-soled shoes. Don’t wear leather shoes or heels.

Be careful on steps and curbs: Whenever you step down from a curb or stair step, you’re putting a lot of weight on the descending foot. This weight transfer can cause you to slip if you’re putting your foot down on ice. Be slow and cautious when stepping down.

Use your hands the right way: Your hands should be free of encumbrances so that you can grab a handrail or break your fall if you should slip. This means that you should only carry the necessities and don’t use a cell phone while navigating slippery surfaces. Also, if there are handrails on the stairs, use them.

Following this advice will certainly help to keep you safe this winter. If, in spite of your best efforts, you still slip on ice and hurt yourself, you might want to investigate who may be liable for this patch of ice. In some cases, a city, business owner or another party could be financially liable for your injuries.

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You might think it’ll never happen to you. You might think you’re healthy enough to prevent an injury if you slip and fall. However, numerous workers and property visitors — whether they’re young, old, healthy or out of shape — die in slip-and-fall accidents every year.

Heavy laborers are particularly at risk of serious slip-and-fall incidents. It’s one thing to trip on a crack in the sidewalk while you’re going for a jog. It’s another thing to trip on a crack in the sidewalk while you’re carrying a 50-pound sack of potatoes — or when you lose your balance while scaling a 50-foot extension ladder.

Let’s take a look at general industry accident statistics from the U.S. Department of Labor. Slips, trips and falls cause:

• 15 percent of accident fatalities, second only to motor vehicles.
• 25 percent of personal injury claims annually.
• 65 percent of lost days of work annually, amounting to over 95 million lost days of work.

Considering these statistics, is it any surprise why the smartest employers take great care to train their workers on safety measures they can take to prevent slip and falls? Is it any surprise that employers strive to remove slip-and-fall dangers from workplaces?

No matter how hard we try, slip-and-fall dangers will always be there. Fortunately in most cases, when a slip-and-fall event hurts a worker, the worker can pursue workers’ compensation benefits to pay for his or her medical care. Also, in select instances, when a visitor to a property falls and gets hurt, he or she may be able to pursue a personal injury claim for damages in court

Source: OSHA, “Plan Ahead to Get the Job Done Safely,” accessed Nov. 17, 2017

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Every New Jersey business has a duty to prevent slips, trips and falls on its property. Potentially liable parties following such an accident at a business could include the business owners, property owners and property managers of the premises. Fortunately, there are certain things that these parties can do to prevent injurious accidents.

To minimize slip and fall risks on any property, first you need to know what causes these accidents:

Know what causes slips: When someone slips, it’s merely the result of not having sufficient friction and traction between the person’s feet and the floor. As such, anything that reduces friction — such as wetness, ice, dust, sand unanchored mats and oily floors — and creates a slipping risk.

Know what causes trips: When someone trips, it’s merely the result of an object getting in the way of the person’s feet. The object usually interferes with the person’s walking and causes him or her to lose balance. As such, anything that can get in the way of someone’s feet — such as open drawers, ripped carpet, broken stairs, clutter in a pathway and other items — can result in a trip.

Preventative steps to reduce slip and fall risk:

• Clean spills immediately and place a warning sign if the area is still wet.
• Keep walking areas free of clutter.
• Always close drawers and cabinets.
• Cover up cords and cables that could trip people.
• Keep areas well lit by replacing light bulbs.
• Don’t use slippery floor mats or rugs.
• Fix old, worn out carpeting.
• Require workers to wear slip-free shoes.

Adhering to the above advice will help prevent unnecessary slips, trips and falls. However, there is no way to guarantee that such accidents won’t happen. Ultimately, if a property owner misses an important slip and fall risk, he or she could be liable to pay for the medical costs and other financial damages incurred by someone who slips and falls as a result.

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• Invitees: An invitee gets invited to a property in order to make a purchase or be a customer of a business. When a business owner has a customer on his or her property, the “invitee” has the legal right to expect safe premises. In fact, the property owner has an obligation and duty to maintain the premises in such a way that the property is free of tripping hazards and other potential dangers.
• Licensees: A licensee goes onto a property with the owner’s consent, but only for the licensee’s own purposes. Perhaps the licensee enters the property in order to set up a portable or permanent shop. Or, the licensee may enter the property merely as someone who wishes to enjoy him- or herself there.
• Social guests: Social guests enter the property with the permission of the owner, perhaps to attend a party or another kind of social gathering.
• Trespassers: Trespassers go onto a property without the permission of the owner or manager. In cases that involve trespassers no implied promise exists that the property owner must keep the premises safe for would-be trespassers. Nevertheless, in some rare cases, property owners might be liable for a trespasser’s injuries.

The legal strategies that slip-and-fall victims employ to pursue their premises liability claims will largely depend on what category of visitor they are and on the facts and circumstances surrounding their accident and injuries. If you have questions on how to proceed with your slip-and-fall accident case, a New Jersey premises liability attorney can help.

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