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Premises Liability

premises liability

Premises Liability – Our client discovered that his recently-leased home was in very poor condition and was in the process of moving out when a portion of flooring collapsed. Our client’s leg went through the floor up to his hip, and a loaded furniture dolly he was moving then fell on his abdomen. Our client sustained serious injuries to his low back, neck, abdomen, and knee, and was eventually determined to be fully disabled as a result of his injuries and underwent fusion surgery to his lumbar spine. Significant points of argument included our client’s awareness of the state of the premises, whether or not and when the defendant property management company became aware of the defective conditions of the property, and the nature and extent of our client’s injuries and long-term medical and economic losses. Resolved at a settlement conference on the first day of trial for more than twice what defendants had previously been offering.

Premises Liability – failure to properly supervise school activity – Our client, a middle school student, was flipped by other students during a dance activity practice session in a classroom, landing on his head and sustaining a traumatic brain injury that resulted in mild but permanent cognitive problems. We argued that school staff failed to provide proper safety equipment and instruction for the activity and failed to provide adequate direct supervision while the activity was occurring – the instructor had left the classroom when the incident occurred. The defendant school district initially prevailed on summary judgment arguments that our client and his parents had “assumed the risk” of this activity, however, the summary judgment was overturned upon appeal after it was pointed out that the students were not given the safety equipment, training and instruction appropriate for the activity, and that they were not properly supervised by the absent teacher. The matter resolved at mediation for $750,000.00.

Premise Liability – When the case came to our firm, the client had lost hope of recovery because there was believed to be no insurance policy. He sustained serious leg injuries on the subject property. Miraculously, our firm discovered a $300,000 applicable insurance policy and obtained the full policy amount for our client.