Tag Archives: Slip and Fall Lawsuits

by | December 28, 2011 · 6:26 am

Hospitality Industry Liability Risks: Hawaii Hotel Is Found "Liable" In "Slip-And-Fall Accident" As State Supreme Court Rules "Known Or Obvious Danger" Defense Not Viable

“…Michele R. Steigman sought to recover damages after suffering a slip-and-fall accident while she was a guest of Outrigger Enterprises’ Ohana Surf Hotel….The case went to trial, and a jury found that Outrigger was not negligent…”

“… in Hawaii, the known or obvious danger defense is no longer viable as a complete bar to an injured plaintiff’s claim in the context of premises liability.”

The Hawaii Supreme Court has ruled the “known or obvious danger” defense is no longer viable under state law as a complete bar to an injured plaintiff’s premises liability claim. Steigman’s appeal to the Intermediate Court of Appeals resulted in an affirmation of the trial court’s final judgment.

Steigman’s attorneys argued that the ruling goes against a comparative negligence law passed by Hawaii’s legislature in 1969 and modified several times.

The statue states: “Contributory negligence shall not bar recovery in any action by any person or the person’s legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the negligence of the person or in the case of more than one person, the aggregate negligence of such persons against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made.”

Therefore the court ruled the traditional “known and obvious danger defense” conflicts with that statute.

“Steigman contends that the traditional known or obvious danger defense conflicts with the Legislature’s intent behind the comparative negligence statute. We agree,” the court stated in its ruling.

For more:  http://www.insurancejournal.com/news/west/2011/12/27/228806.htm

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by | November 8, 2011 · 7:39 am

Hospitality Industry Liability Risks: Colorado Supreme Court Upholds $10 Million Award To Truck Driver Who "Slipped And Fell On Ice And Grease"

 “…A truck driver who slipped and fell on ice and grease while making a delivery to a Wal-Mart store in northern Colorado can collect a nearly $10 million award after the state Supreme Court upheld a jury verdict in the case on Monday…”

The driver, 41-year-old Holly Averyt of Cheyenne, Wyo., had to undergo three spine surgeries, was unable to return to work and lost her truck. Her lawyers presented city documents during the original trial that showed some grease from the store’s deli didn’t get trapped in a device designed to keep it from getting into the sewer.

Wal-Mart Stores, Inc., told jurors there had been no grease spill at the store in Greeley.

A jury awarded $15 million to Averyt in November 2010. Wal-Mart appealed and a lower court granted the company a new trial, saying the award was “excessive, not supported by the evidence and could only be the result of prejudice and bias and the jury’s desire to punish Wal-Mart.”

For more:  http://www.cbsnews.com/8301-201_162-57320005/wal-mart-to-pay-trucker-$10m-for-greasy-ice-fall/

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by | March 31, 2011 · 10:05 am

Hospitality Industry Accident Risks: Texas Hotel Sued For Negligence In Guest "Slip And Fall" Injury

Pomrenke accuses Homewood Suites of negligence for not warning customers of the dangers of the wet floor or offering an alternative route around the area. She asks for an unspecified amount of money in damages for medical costs, loss of income and court fees. Pomrenke represents herself in this matter and asks for a jury trial.

A Harris County woman is suing a Memorial hotel after she allegedly dislocated her knee when she slipped on a wet lobby floor. Emily L. Pomrenke filed a lawsuit March 28 in Harris County District Court against Homewood Suites Hilton-Austin South.

According to the petition, Pomrenke was a guest of the Homewood Suites in April 2009. As she was walking in the hotel lobby with her son in the early afternoon, Pomrenke says, she slipped on the wet marble floor that had just been cleaned by the hotel staff. She alleges she dislocated her knee, bruised her tailbone and tore a retina in her right eye in the fall. Pomrenke claims an accident report was written up by the hotel manager and that she received a phone call from the hotel’s insurance carrier, which told her Homewood Suites would take full responsibility for the accident.

For more:  http://www.ultimatememorial.com/stories/239385-memorial-hotel-named-in-slip-and-fall-claim

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by | August 5, 2010 · 3:23 am

Hospitality Industry Accident Risk Management: Falls From Slips And Trips Represent One Of The Most Common Hazards In Restaurants

 Falls from slips and trips are among the most common hazards in the restaurant industry.  According to the National Safety Council, over 275,000 injuries and nearly 800 deaths among U.S. general industries were caused by slips, trips, and falls in 2008. In fact, slips, trips and falls represent the most common causes of workplace injury after motor vehicle accidents.  

Slips trips and falls can result in head injuries, back injuries, broken bones, cuts and lacerations, or sprained muscles.  In the years 2007-2008, the average workers’ compensation cost for a slip/trip/fall was $21,500.  This exceeds the average cost of other injuries by 14%!

The following are some simple ways to reduce the probability of a slip and/or fall on wet or slippery floors:

  • Install slip-resistant floor surface or use anti-skid adhesive tape in high traffic areas.
  • Use absorbent matting in entrance ways during inclement weather or in areas where walkers may pass through puddles. (Note: unanchored mats may cause slip hazards themselves. Make sure that matting lays flat and that the backing material is slip resistant.).
  • Maintain good housekeeping throughout all work areas. Utilize trash receptacles for the disposing of trash, food debris and other items which might wind up on floors.
  • Immediately clean up spills and leaks. Place caution signs to warn employees and/or patrons of slippery surfaces or other slip/trip hazards.
  • Develop written procedures to handle spills and ensure they are reported and cleaned up immediately.  Regular, frequent inspections of working and walking areas should be conducted to identify hazards which could cause slips, trips and falls.
  • Wear proper footwear for better traction on slippery surfaces.
  • Use handrails or other stable objects that you can hold on to in paths of travel.  

For more:  http://www.employers.com/business/slips-trips-falls.aspx

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by | June 7, 2010 · 7:14 am

Hospitality Industry Bodily Injury Liability: New Florida Law Will Help Limit “Slip And Fall” Cases And Forced Settlements

“…Maria Coppola says she slipped on pebbles and sand on the Naples Beach Hotel & Golf Club step..”

“…lawsuits, filed in the past six months in Collier Circuit Court, likely will result in settlements. That’s because defendants want to avoid costs of expensive litigation…”

In April, Gov. Charlie Crist signed House Bill 689, which requires that an injured person must prove a business, municipality or other defendant actually knew about a dangerous condition and should have done something to fix it _ or that the condition occurred often enough that the business should have expected it. These are legal standards known as actual notice, or constructive notice.

“This represents a significant shift and a major victory for business owners and their insurers in slip-and-fall cases,” said Kirkland Miller, an Ave Maria School of Law professor who specializes in premises liability. “More importantly, it could mean a reduction in the number of slip-and-fall cases being filed in Florida …”

For more:   http://www.naplesnews.com/news/2010/jun/06/south-florida-called-no-1-hellhole-slip-fall-lawsu/

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