Category Archives: Premises Liability

Canadian Long-Term Care: A Big Headache For Low Profits

Canadian Long-Term Care: Too Big Of A Headache For Low Profits

This has led to the partnership of three major law firms in Canada, that are teaming up on the class action lawsuit.

This partnership is called the ‘Nursing Home Action Coalition’.

The partnership was created in order to be able to handle what could …

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Hagens Berman: Class-Action Lawsuit Accuses CNA Financial of Bait-and-Switch Premium Increases for Long-Term Care Insurance Customers

Premiums for long-term care coverage are generally set at the same level for a given age category, according to the lawsuit.

The lawsuit seeks rescission of their insurance contracts and restoration of premiums paid or, in the alternative …

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Lawsuit: Scabies infestation led to woman’s death in LaFayette, Ga., nursing home

The daughter of a former LaFayette, Ga., nursing home resident is suing the company because mites burrowed into her mother’s scalp, face, chest, breasts, shoulders, back, arms and hands.

Rebecca Estelle Zeni, 92, died in June 2015 after living in the …

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https://www.instagram.com/p/Bh-wBy7F_OIEach year in the United States, it is estimated that 2.1 million seniors are victims of some form of abuse.

What is even more shocking is that for every case of nursing home abuse that is reported, there may be as many as five more cases that go unreported.

Some common signs of elderly and nursing home abuse include:

✅ Malnourishment and/or dehydration

✅ Unexplained physical abuse including bedsores, broken bones, cuts and infections

✅ Improper dosage or administration of medications

✅ Unsanitary living conditions

If you suspect that this is affecting someone you love, contact our office immediately!

Nursing home abuse is a serious problem that can even lead to death in the most serious of situations, so time is essential.

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Nursing home to pay $6.75M to settle case of 86-year-old sexually assaulted

Maple Farm Nursing Home has agreed to pay $6.75 million to the family of an 86-year-old woman with dementia who was sexually assaulted by a fellow resident.

The owner of Maple Farm Nursing Center in Akron last week agreed to settle a lawsuit last week filed by …

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4-Month Old Sleeping Baby Attacked by Raccoon Inside Apartment

A raccoon attacks, severely injures and then drags a sleeping 4-month old baby out of her bed in a Philadelphia apartment that her mother moved into just the day before. Emergency surgery and 65 stitches later, doctors say it will take at least a year for the infant to recover. Turns out that tenants had complained to the property owner previously that the building was infested by  a large population of raccoons and that they were dangerous, but instead of calling an exterminator, the property owner chose to do nothing.

Can anyone say “MASSIVE premises liability lawsuit” against the owner?

Raccoon Mauls Toddler, Drags Her Out Of Bed In Philadelphia Home

https://www.ibtimes.com/raccoon-mauls-toddler-drags-her-out-bed-philadelphia-home-2631897A 4-month-old baby girl was attacked by a raccoon in a North Philadelphia apartment Wednesday, according to her family.

The girl, Jourini Black, was dragged from her bed by the animal when her mother Ashley Rodgers was in the bathroom, according to CBS Philadelphia and was lying on the floor bleeding when Rodgers found her.

“My daughter was laying on the bed sleeping and I went to take my son to the bathroom. We heard a sound upstairs and we see a raccoon run down the steps,” said Ashley Rodgers, the child’s mother.

“When I finally got to her, she was laying on the floor so it had dragged her off the bed, across the room, and she was bleeding and crying and her whole face was red.”

Black’s pajamas and face were covered in blood after the attack, the family told Fox affiliate WTXF-TV .

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Philadelphia infant viciously attacked by raccoon in apartment

https://www.foxnews.com/us/2017/12/22/philadelphia-infant-viciously-attacked-by-raccoon-in-apartment.htmlPhiladelphia residents complained about infestation in apartment where 4-month-old was left with injuries on head and face requiring over 60 stitches.

WARNING: VIDEO CONTAINS GRAPHIC IMAGES

A four-month-old infant was viciously mauled and dragged by a raccoon Wednesday night in a Philadelphia apartment, her parents said. Jourini Black was sleeping in her bed when her mother, Ashley Rodgers, took her six-year-old son, Jordan, to the bathroom, FOX29 reported. Rodgers said she heard a sound coming from the bedroom and saw a raccoon running down the steps. “My daughter was laying on the bed sleeping and I went to take my son to the bathroom,” Rodgers told CBS Philly reported. “We heard a sound upstairs and we see a raccoon run down the steps.

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Virginia woman killed and eaten by her own pet pitbulls

Will people ever learn?

If you make “pets” of vicious animals, they will turn on you. Duh. And if they’re extra sweet, like these ones were, they will eat you after they kill you.

Unbelievable. 

How many people have to be killed and maimed by pitbulls before someone finally figures out that they make lousy pets?

To quote Forrest Gump: ” Mama always said stupid is as stupid does”.

Virginia woman killed in ‘grisly mauling’ by her dogs, cops say

https://www.foxnews.com/us/2017/12/16/virginia-woman-killed-in-grisly-mauling-by-her-dogs-cops-says.html

“Let me cut right to the chase, the most important detail that we did not release because we were worried about the well-being of the family is that in the course of trying to capture the dogs early Friday morning…we turned and looked…I observed, as well as four other deputy sheriffs, the dogs eating the ribcage on the body,” Goochland County Sheriff James Agnew said in a news conference.

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Nursing home deaths during Hurricane Irma prompt wave of lawsuits

Lawsuit filed against nursing home after deaths during Irma

http://local15tv.com/news/local/lawsuit-filed-against-nursing-home-after-deaths-during-irmaHOLLYWOOD, FLORIDA
A 94-year-old resident filled a lawsuit Sept. 15 against the Rehabilitation Center at Hollywood Hills.

During Hurricane Irma, eight residents died after the air condition system failed.

The lawsuit claims the nursing home …

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Miami Residents to File Class-Action Suit Against FPL for Allegedly Inadequate Irma Preparation

https://www.miaminewtimes.com/news/fpl-sued-for-inadequate-hurricane-irma-response-in-miami-9681461Residents threatened to sue FPL if it didn’t get the cities’ power back by Sunday night.

Today two South Miami-Dade residents beat those cities to the punch by announcing plans to file a class-action lawsuit against the power company for what they claim was a decade of …

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94-year-old sues Florida nursing home where 8 residents died in wake of Hurricane Irma

https://abcnews.go.com/US/94-year-sues-florida-nursing-home-residents-died/story?id=49907255A 94-year-old woman living at the Florida nursing home where eight residents died after an air conditioning system failed in the wake of Hurricane Irma is now suing the rehabilitation center, claiming it showed “negligence and reckless indifference …

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Rocky River nursing home offers $375,000 settlement involving overdose death

https://www.cleveland.com/metro/index.ssf/2017/09/rocky_river_nursing_home_offer.htmlCLEVELAND, Ohio
A Rocky River nursing home has offered to pay $375,000 to settle a lawsuit brought by the family of a woman who died after nurses mistakenly gave her 20 times the prescribed dosage of oxycodone, records show.

Normandy Manor is …

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1st Lawsuit Filed Against Nursing Home Where 8 Patients Died

https://miami.cbslocal.com/2017/09/15/lawsuit-nursing-home-deaths/HOLLYWOOD, FLORIDA
Two days since the nursing home tragedy, the first lawsuit has been filed.

Armed with a search warrant, Hollywood Police Department crime scene technicians continued to comb The Rehabilitation Center at Hollywood Hills with …

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Newbury Park nursing home pays in class-action settlement

Newbury Park nursing home pays in class-action settlement

https://www.vcstar.com/story/news/2017/06/14/newbury-park-nursing-home-pays-class-action-settlement/387642001/A highly-rated Catholic nursing home in Newbury Park has agreed to pay $345,000 and will undergo spot inspections in the settlement of a class-action lawsuit alleging patients were being given powerful drugs without required consent.

The long-awaited …

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Editorial: Trump protects nursing homes at seniors’ expense

https://www.desmoinesregister.com/story/opinion/editorials/2017/06/13/editorial-trump-protects-nursing-homes-seniors-expense/391235001/Last week, the Centers for Medicare and Medicaid Services proposed a rule rescinding an Obama-era regulation prohibiting nursing homes from requiring patients and their families to sign binding arbitration agreements.

Signing those agreements, which …

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Disabled Iowans, fed up with cuts under privatized Medicaid, sue Gov. Reynolds

https://www.desmoinesregister.com/story/news/investigations/2017/06/13/disabled-iowans-medicaid-privatization-lawsuit/370484001/The lawsuit asks that a federal judge order the state to stop letting its contractors arbitrarily deny or cut services allowing Iowans with disabilities to live in their homes.

The group’s lawyers considered adding the three managed care ….

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Minot nursing home blames hospital for hepatitis C outbreak

http://bismarcktribune.com/news/state-and-regional/minot-nursing-home-blames-hospital-for-hepatitis-c-outbreak/article_787ce048-64c3-5fa1-a611-fc38d887dd2f.htmlThe nursing home sought an injunction to mandate the hospital test its employees and patients.

Trinity contends the nursing home also has been colluding with the Minot Action Network to pressure the hospital into conducting widespread testing. The …

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Be Careful With That Power of Attorney!: Arbitration Clauses and Nursing Home Lawsuits

https://www.jdsupra.com/legalnews/be-careful-with-that-power-of-attorney-26249/On May 15, 2017, the Supreme Court of the United States handed down its opinion in Kindred Nursing Centers, L.P. v. Clark.

This case addressed the issue of whether an agent acting pursuant to a power of attorney could bind an estate to an arbitration …

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More unprovoked pitbull attacks in the news

Dog bites child at Davenport Skate Park

http://www.kwqc.com/content/news/Dog-bites-child-at-Davenport-Skate-PArk-427999813.htmlUPDATE: Caleb Skinner often enjoys going to the Davenport Skate Park with his father.

“I’ve been skating since I was a little kid,” he says.

The 9-year old and his father Shawn had only just arrived to the park, when a white pitbull charged at Caleb …

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Pitbull attacks Vidor child for the third time

https://www.12newsnow.com/news/local/pitbull-attacks-vidor-child-for-the-third-time/447191561Her son, Tyler Watts, was attacked by the pitbull when he was riding his bike down the street.

Tyler Watt’s said the dog knocked him off his bike then dragged him by the leg to the owner’s yard at the intersection of Ruth place and Willow Bend drive …

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Health department seeking info about dog after bite at dog park

https://ithacavoice.com/2017/06/health-department-seeking-info-dog-bite-dog-park/A person was bitten on the hand around 1 p.m. Saturday at the dog park, located off Taughannock Boulevard in Ithaca, the health department said.

The dog is described as a tan pitbull.

After being bit, the person spoke with the dog’s owner, but did not …

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Parents left their 3-week-old baby alone for a few minutes. A pitbull bit and killed her, police say

https://www.miamiherald.com/news/nation-world/national/article153156359.htmlParents leaving a 3-week old baby alone “for a few minutes” with a pitbull in the room? Unless the attack happened in her crib, the parents need to be looked at for reckless endangerment.

Who leaves a 3-week old unattended?

Seriously, who does that?

An autopsy confirmed that her wounds were consistent with a dog bite, according to WOOD.

No charges have been announced in the case, but police told …

“The breed of a pit bull, by itself, is not enough to condemn it.

Any dog can bite,” Grand Rapids … Original story

3-week-old girl dies from pit bull bites, autopsy confirms

https://www.wkbw.com/news/national/3-week-old-girl-dies-from-pit-bull-bites-autopsy-confirms3-week-old Michigan girl died from a dog bite from a pit bull on Thursday after she was found in her Grand Rapids home, WZZM reported.

Susannah Jean Murray died from head injuries related to the dog bites, an autopsy confirmed.

Susannah’s family …

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Slip Results In Lawsuit Against Starbucks

Slip Results In Lawsuit Against Starbucks

https://www.journal-topics.com/business/article_4f2f4514-4bb7-11e7-a231-9bb1b04e11e1.htmlBambulas on May 11, 2017 filed the lawsuit against Starbucks, an unnamed Starbucks employee, ABM Industry Groups and three of the company’s subsidiaries, who provide janitorial services for the mall, as well as the Macerich Company, which leased …

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New Orleans woman seeking damages from building owner for a slip and fall

https://louisianarecord.com/stories/511121036-new-orleans-woman-seeking-damages-from-building-owner-for-a-slip-and-fallA New Orleans woman is seeking damages for negligence in a slip and fall.

Ashley Morris filed a lawsuit May 23 against GCHP-Esplanade LLC in Orleans Parish Civil District Court alleging negligence.

According to the complaint, the …

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How to fall to your death and live to tell the tale

https://www.cnn.com/2017/06/07/health/falling-death-survival-partner/index.htmlER budgets, fall-related injuries often lead to expensive personal injury claims. In one case in an Irish supermarket, a woman was awarded 1.4 million euros compensation when she slipped on grapes inside the store.

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Justices Tighten Rules on Where Companies Can Be Sued

https://www.courthousenews.com/justices-tighten-rules-companies-can-sued/The former BNSF fuel truck driver claimed he injured his knee in a slip-and-fall accident.

In a separate lawsuit filed in Montana state court in 2014, Kelli Tyrrel, of South Dakota, sued the railway alleging her late husband Brent developed a fatal …

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Jury awards former Tinker aircraft mechanic $12 million in negligence lawsuit

https://newsok.com/article/5550627On Friday, the property management company released a statement, saying, “The jury verdict for the slip and fall personal injury claim awarding both compensatory and punitive damages is totally unwarranted.

There were serious errors which occurred …

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Union Pacific conductor alleges injuries from slip and fall on car platform

https://setexasrecord.com/stories/511120430-union-pacific-conductor-alleges-injuries-from-slip-and-fall-on-car-platformA slippery substance on the platform of the car the plaintiff was working on caused him to fall unexpectedly and strike the ground.

As a result of the hazardous conditions created by Union Pacific, the plaintiff sustained serious and disabling …

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Slip and Fall Cases

https://www.courierjournal.net/columnists/ask_the_attorney/article_e228448a-3f58-11e7-9a05-c7a4edfa9e50.htmlI have always handled slip and fall cases. Lawyers call these “premises liability” cases.

We get a lot of calls and talk with potential clients about these cases but there are a lot more slip and falls than there are lawsuits.

Let me share with you how …

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Woman sues over slip on chip in Liffey Valley food court

https://www.irishtimes.com/news/crime-and-law/courts/high-court/woman-sues-over-slip-on-chip-in-liffey-valley-food-court-1.3088132Under cross examination by Declan Buckley SC, for the cleaning company, Ms Misiunaite agreed she settled a claim against Lidl supermarkets for €10,000 after she sued in relation to a slip and fall in February 2013.

She agreed she had hurt the same knee …

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Does a Homeowner’s Insurance Policy Cover Lawsuit Defense When There Was No Physical Injury or Property

https://fortcollins.legalexaminer.com/property-owners-liability-slip-fall/does-a-homeowners-insurance-policy-cover-lawsuit-defense-when-there-was-no-physical-injury-or-property-damage/The United States Court of Appeals for the Tenth Circuit decided this unique case in State Farm Fire v. Dawson, No. 16-6356 (10th Cir. 2017).

Charles Dawson (“Dawson”) was a math teacher at Wanette High School in Wanette, Oklahoma.

While a teacher …

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Woman seeking damages for slip and fall in New Orleans parking garage

https://louisianarecord.com/stories/511111940-woman-seeking-damages-for-slip-and-fall-in-new-orleans-parking-garageNEW ORLEANS
A Plaquemines Parish woman is seeking damages after she slipped and fell in a parking garage.

Dianne Alfonso filed a lawsuit April 24 against The Hanover Insurance Co. and Polydras (Louisiana LLC) in Orleans Parish Civil District Court …

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Columbia law clerk gets $750,000 settlement for bad fall on slippery court steps

https://www.thestate.com/news/local/crime/article150258567.htmlIn a lawsuit, Mohan had alleged that Crockett, the Maryland company in charge of maintaining the bankruptcy court building on Laurel Street, not only had removed slip-resistant foot safety strips from the interior stone steps, but its workers had …

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Dogs biting children on rise in San Diego

Dogs biting children on rise in San Diego

https://sdgln.com/news/2017/05/15/dogs-biting-children-rise-san-diegoSan Diego County is seeing a rise of dog bites on children according to Rady’s Children’s Hospital and the San Diego Humane Society.

“There were 457 dog bite cases reported last year at the emergency room and urgent cares at Rady Children’s,” said Kay …

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Ex-Patriot Dominique Easley Ordered To Pay $149K In Dog Bite Lawsuit

http://nesn.com/2017/05/ex-patriot-dominique-easley-ordered-to-pay-149k-in-dog-bite-lawsuit/Among them, Easley was facing a dog bite lawsuit.

The defensive tackle, who’s now with the Los Angeles Rams, finally was forced to pay $149,000 to Wiley Brown, a former Virginia Tech linebacker, who was bit by Easley’s pit bull, per ProFootballTalk.

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Why dog-bite cases going on unabated: HC asks Chandigarh administration

https://www.hindustantimes.com/punjab/why-dog-bite-cases-going-on-unabated-hc-asks-ut-admn/story-XnfTl9JMv54HHHeG5zl3sK.htmlWhy dog-bite cases going on unabated: HC asks Chandigarh administration.

“I am not interested in data.

You show me what you have done to curb the menace,” the bench said as UT claimed to have sterilised 9,000 dogs to control their population.

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City of Palo Alto sued over police-dog bite

https://www.paloaltoonline.com/news/2017/05/10/palo-alto-police-sued-over-police-dog-biteA Palo Alto mother has filed a lawsuit against the city and the Police Department for civil rights violations after her teenage son was bitten by a police dog, according to a lawsuit filed in U.S. District Court in San Jose.

The teen, identified in the …

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Kim’s Secret Hell: Inside My Son’s Nightmare Dog Attack

https://radaronline.com/exclusives/2017/05/kims-secret-hell-inside-sons-nightmare-dog-attack/But Kim Zolciak-Biermann is finally ready to talk about what happened when her 4-year-old son, Kash Biermann, was brutally attacked by a dog.

The mom-of-six appeared on Watch What Happens Live on May 7, just weeks after the toddler was bitten in the …

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7 fresh dog-bite cases

At Mataur village, three children — Udayveer Singh (7), Karanveer Singh (7) and Ramesh Kumar (12) — were attacked while the fourth child, Vikas (7) from Maloya, was bitten by a dog near his house.

The other victims included Shanti Devi (45), a …

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State laws complicate removal of animals from homeless camps despite recent dog bites

Over the past several days five people have been bitten by loose dogs at Kakaako Waterfront Park.

In each case the animal belonged to homeless campers.

But according to the Hawaiian Humane Society, laws don’t permit officials to confiscate an animal, …

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The Slippery Slope of Slip and Fall Lawsuits

Attorney in slip and fall case disagrees with appeals court’s decision to interview juror again

https://flarecord.com/stories/511108666-attorney-in-slip-and-fall-case-disagrees-with-appeals-court-s-decision-to-interview-juror-againDAYTONA BEACH, FLORIDA
The attorney for a Florida woman has emphasized that she disagrees with the 5th District Court of Appeal’s opinion in a negligence case.

The case in question is Westgate Pallace LLC v. Kristen Parr and Thomas Parr. Kristen Parr was at …

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Man alleges he was injured in slip and fall at BJ’s Restaurant & Brewhouse

https://flarecord.com/stories/511108219-man-alleges-he-was-injured-in-slip-and-fall-at-bj-s-restaurant-brewhouseAccording to the complaint, the plaintiff alleges that on April 12, 2013, he visited the defendants’ property and slipped on a liquid substance while walking to the restroom, which caused him to fall.

The plaintiff holds BJ’s Restaurants Inc. and …

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Baltimore City jury awards $2M in apartment slip and fall

A Baltimore jury awarded $2 million Thursday to a woman who slipped and fell at a senior living apartment complex and fractured her ankle and leg.

The injury occurred during a snowstorm in February 2014 and the owners of Park View at Ellicott City did …

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Kentucky SC again takes up case over slip and fall in Speedway parking lot, this time reverses appeals court

https://legalnewsline.com/stories/511107865-kentucky-sc-again-takes-up-case-over-slip-and-fall-in-speedway-parking-lot-this-time-reverses-appeals-courtFRANKFORT, KY
The Kentucky Supreme Court has reversed a decision by its state appeals court in a lawsuit over a woman’s fall in a depressed area of pavement in a Speedway parking lot.

The state’s high court, in a ruling published …

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What Can Cause You To Slip And Fall

https://finance.yahoo.com/news/cause-slip-fall-philadelphia-slip-122400010.htmlPHILADELPHIA, PA
Slips that cause serious injuries can happen just about anywhere for a number of reasons.

While they are more likely to happen outside in the winter because of snow and ice, a slip and fall can happen …

Original post on Yahoo Finance

Michigan Supreme Court reverses slip-and-fall decision

http://www.grbj.com/articles/87766-michigan-supreme-court-reverses-slip-and-fall-decisionLANSING, MICHIGAN
A traumatic fall in a dark, icy parking lot wasn’t enough to sway the Michigan Supreme Court.

The justices reversed last week a decision by the state appeals court and said the conditions should have been open and obvious to Marguerite …

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Mich. High Court kills lawsuit in icy slip-and-fall

https://www.detroitnews.com/story/news/local/oakland-county/2017/04/18/slip-fall/100629028/Rochester Hills
A traumatic fall in a dark, icy parking lot wasn’t enough to sway the Michigan Supreme Court.

The justices last week reversed a decision by the state appeals court and said the conditions should have been “open and obvious” to …

Original Detroit News story

Judge Rejects Bid for More Time in Slip-and-Fall Case

https://www.newyorklawjournal.com/id=1202783986810/Judge-Rejects-Bid-for-More-Time-in-SlipandFall-CaseDutchess County Supreme Court Justice Victor Grossman rejected the effort by one of the defendant’s counsel to vacate the plaintiff’s note of issue and certificate of readiness for trial.

The motion was joined by the other defendants and not opposed by …

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Shopping mall slip-and-fall case transferred to federal court in NJ

https://pennrecord.com/stories/511105504-shopping-mall-slip-and-fall-case-transferred-to-federal-court-in-new-jerseyRodoslogolu filed suit against the defendant on Jan. 11, in reference to a slip-and-fall accident which occurred on the defendant’s property on Feb. 12, 2015.

The plaintiff believed in good faith the defendant was based in Philadelphia, hence the …

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UPDATE: Dog Bite Lawsuits and Law Changes

Animal Services reminds residents of dog laws following several attacks

https://www.localnews8.com/lifestyle/pets/animal-services-reminds-residents-of-dog-laws-following-several-attacks/473134719“Now that the weather is warming up, we are going to have a little bit more of an increase in dog bites.

It just seems to be that way,” Animal Services Officer Kerry Watts said.

“In the wintertime, we will get a few.

When it starts to warm up, people …

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Record $940K verdict awarded in dog bite case vs animal clinic dating to 1997

https://cookcountyrecord.com/stories/511109226-record-940k-verdict-awarded-in-dog-bite-case-vs-animal-clinic-dating-to-1997After a nine-day trial in DuPage County, jurors awarded plaintiff Kristen Hayes a record $940,000 award for injuries she sustained after being bitten by a dog on April 23, 1997, at the age of 8.

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Animal welfare group begins work to revise Maine’s dangerous-dog laws

https://www.centralmaine.com/2017/04/27/animal-welfare-group-begins-work-to-revise-maines-dangerous-dog-laws/AUGUSTA
A council that advises the state on issues related to the Animal Welfare Program began its year-long review of the state’s dangerous-dog laws at a meeting Thursday that highlighted frustration over being unable to hold dog owners accountable …

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Austin Personal Injury Attorney Brooks Schuelke Comments on Texas Dog Bite Injury Law

https://www.lawfirmnewswire.com/2017/04/austin-personal-injury-attorney-brooks-schuelke-comments-on-texas-dog-bite-injury-law/Austin, TX
Bitten by a dog?

In Texas, many people think that there is a one free bite rule – meaning you cannot sue a dog owner unless the dog has previously bitten someone else.

They are wrong.

If a person is …

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That Bites! Kim Richards MUST PAY Woman Attacked By Her Dog, Judge Rules

https://radaronline.com/videos/kim-richards-dog-bite-lawsuit-kay-rozario-wins-court-appeal/Real Housewives of Beverly Hills star, Kim Richards, has been ordered to shell out BIG TIME to former family friend, Kay Rozario, after the 81-year-old was viciously attacked by Richards’ pit-bull, Kingsley, RadarOnline.com has learned.

Rozario sued …

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