Grand Rapids Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

Slip and Falls and the "Open and Obvious" Defense

Timothy Smith — Thu, 17 Sep 2009 17:12:29 GMT

Over the last few years Michigan courts have gone out of their way to throw plaintiffs out of court. Even "Black Ice" which by its very nature can't be seen, was looked at as "Open and Obvious" which allowed a court to dismiss valid claims against business owners who failed to keep their premise safe for those that were invited to shop in their store. A recent decision seems to swing the state's jurisprudence in favor of the injured once again.

In the matter of Janson v. Sajewski Funeral Home, Inc, Plaintiff Janson slipped on black ice and fractured his right ankle. Defendant Sajewski claimed that because of the cold conditions and light precipitation that this black ice was "open and obvious" thus relieving the defendant of liability under a negligence theory.

Under a negligence cause of action:

a plaintiff must prove: (1) the defendant owed a duty to the plaintiff, (2) the defendant breached that duty, (3) the defendant’s breach caused the plaintiff’s injuries, and (4) the plaintiff suffered damages.”

If a dangerous condition is open and obvious then there can be no duty owed by the defendant because it would be reasonable that a person would simply avoid it. This is a common defense for many business owners.

The court here rules however, that most people in Michigan know that ice can persist even when it is not visually apparent. The defendant's operator in the Jason case even testified that it seemed slippery where Janson fell even though he had salted the parking lot earlier. Additionally, there was no snow in the area and the roads had already been salted by a truck. Therefore, "in the absence of some other, visible indicia of an otherwise-invisible hazard, black ice per se simply cannot be “open and obvious.” The court reversed the initial ruling that the open and obvious doctrine applied. For those injured this was an important battle that fortunately looks to be a return to a common sense approach to the law by our Court of Appeals.

Originally posted at InjuryBoard by Timothy Smith

Dog Bite Lawsuit Results In Verdict For Young Child

Tim Smith — Wed, 24 Oct 2007 15:07:15 GMT

The family of a young boy who was the victim of a dog attack in Mother's Day 2005 recently received a $850,000 jury award, which included $500,000 in punitive damages due to the negligence of the dog owner. The 100-pound Rottweiler left permanent scarring on the child's back and hips.

The jury deliberated for less than three hours before awarding Keeton Manguso and his mother $856,000, which included $500,000 in punitive damages, against dog owner Mariko Bereday -- a record in a Hawaii dog-bite case, according to plaintiff's attorneys.
The jury found not only that Bereday was negligent, but that her negligence was a legal cause of the boy's injuries.
Bereday, who was present during the attack at Kahala Beach, continued to deny that her dog bit the boy and said afterward that photos of his injuries were computer-enhanced.

The dog owner had been warned five times in the past to keep her dog on a leash and under control - warnings she apparently ignored.

Originally posted at InjuryBoard by Tim Smith

Police Officer Withdraws Slip and Fall Case

Shannon Weidemann — Fri, 12 Oct 2007 17:21:38 GMT

A Casselberry police officer that filed a slip and fall lawsuit has now withdrawn the suit. There was a large public outcry and pressure from within the police department for her to do so. The officer fell at a home while responding to a 911 call.

Eichhorn was one of several officers sent to their home Jan. 9 after the boy's mother called 911 to report that her 1-year-old son had wandered into the backyard, fallen into the pool and nearly drowned.
The mother, Angela Cosmillo, had carried the boy inside, leaving a trail of water. Eichhorn slipped and fell in a puddle when she walked inside the home to join rescuers who resuscitated the boy.

The officer broke her kneecap in the fall. All medical expenses and salary were paid during her recovery. The officer was placed on leave after she filed the lawsuit so that the police department could investigate.

If you would like to read more about slip and fall lawsuits, please visit InjuryBoard's Property Owners' Liability information page.

Originally posted at InjuryBoard by Shannon Weidemann

Dog Shot by Salem Police Officer

Shannon Weidemann — Fri, 12 Oct 2007 10:43:45 GMT

A police officer in Salem was forced to shot a dog as it tried to attack him. A person had received a dog bite by from the dogs and police were called in to investigate. He was in his police cruiser when two barking dogs saw a girl enter the alley. He got out of his car and tried to direct the dogs in his direction.

"When he yelled, the larger and clearly more aggressive of the two dogs, turned towards him and began to charge at him. As the dog was advancing towards Officer Cooney, snarling and baring its teeth, Officer Cooney found himself backed into a situation where he could retreat no further, and he had no choice but to shoot the dog as it began to lunge at him."

The dog was euthanized by a veternarian later in the day. The second dog has not been found and they are still searching for it. They are also looking for the owner of the dogs. The person that was bit by the dog only suffered minor injuries.

Originally posted at InjuryBoard by Shannon Weidemann