Premises Liability Archives | Jeremy W. Richter

What Duty Does a Church Owe to Keep Its Property Safe?

Jun 19, 2017

What Duty Does a Church Owe a Person to Keep Its Property Safe? Every Sunday and Wednesday in Alabama, thousands of people leave their homes and attend church services. And if your church is anything like mine, there are any number of other times throughout the weeks the church doors are open and folks are traversing the halls. And sometimes people at churches (like anywhere else) trip and slip and fall, and sometimes those people get hurt. So what duty does a church owe to keep people safe while they're on the church's properties? Alabama, when you are on another...

When There’s Conflicting Evidence about Where a Slip-and-Fall Occurred

Jun 8, 2017

Barnwell v. CLP Corporation: When there is conflicting testimony about where a slip-and-fall occurred, the question of whether the alleged danger was open and obvious is one for a jury. Slip-and-Fall in a McDonald's In April 2013, Andre Barnwell visited a McDonald's restaurant owned and operated by CLP Corporation. Barnwell claims to have entered the restaurant and walked straight to the restroom to wash his hands. Upon exiting the bathroom, he walked to the order counter, planted his left foot to turn, his foot slipped out from under him, and he fell on his left hip. Barnwell immediately popped back...

Is Being Obese an Open and Obvious Danger?

Jan 23, 2017

Valerie Smith v. Wells Fargo Bank, NA: Whether a patron's heftiness can create an open and obvious danger and whether a property owner's knowledge of an allegedly defective chair are questions for the jury. On March 12, 2013, Valerie Smith went to Wells Fargo with her mother to have a document notarized. The bank manager invited them to come into his office. Upon entering the office, Smith sat in a chair. Significant to these events is that Smith is "a heavy person." Smith claimed that she had not even put her full weight into the chair when she heard "a...

What Duty Does a Store Owner Owe to a Minor Child Invitee?

Oct 31, 2016

A store owner owes the duty to a child to keep the premises in a reasonably safe condition, or warn of any defects or dangers. If a minor is injured on the premises through no fault of his own or his parent, both the parent and child may have actionable claims for damages.