Premises Liability Cases:

"Premises liability" describes a broad group of cases arising from personal injuries suffered on the property of others, both business and residential. These cases involve slip and fall incidents, trip and fall incidents, falling merchandise and all other types of injuries resulting from hazards on the premises, defects in the premises or poor maintenance of the premises.

As a general rule, a property owner is not liable just because an injury has occurred on his property. Rather, the injured party must prove the owner either created the hazard that caused the injury or had notice of the hazard at a time when the hazard could have been removed or corrected. Actual notice of the hazard is not required; it is sufficient if the injured party can show the hazard existed long enough for the owner to have discovered and corrected the hazard through periodic inspections or maintenance of the premises.

The following are examples of premises liability cases the firm has handled:

Jeff Peraldo represented a woman who sustained an arm injury when she slipped and fell in an accumulation of aerosol spray in an aisle of a grocery store. The spray was from aerosol cans of house/room freshener. The case investigation showed that customers of the store routinely sprayed the products in the store to test the scent. This practice resulted in the spray falling to the floor, which created a slippery area in the aisle. The case investigation further showed the store's managers had actual knowledge that store customers were testing the sprays and that slippery walking conditions were likely being created. The store denied liability and litigation and a jury trial were necessary. The jury found in favor of the woman and returned a verdict against the store for the amount of $250,000, which was later reduced by the court to the sum of $77,500.

Jeff Peraldo represented a male truck driver who slipped and fell, and sustained a head injury, in an accumulation of cardboard chips at the plant of a cardboard packaging company. The case investigation showed that the owners of the plant knew that, from time to time, these cardboard chips became scattered across its floors and that some of the pieces could be slippery. The company denied liability and litigation was necessary. After extensive discovery was taken, the case settled at mediation for the amount of $225,000.

Jeff Peraldo has successfully represented numerous clients in slip and fall and other premises liability claims against Wal-Mart Stores, Inc., including a handicapped woman who was struck and severely injured by malfunctioning automatic doors as she was attempting to exit a Wal-Mart Store. Wal-Mart denied liability for the client's injuries and litigation was necessary. The case investigation and discovery taken in the case showed that prior to the client's injury, the doors had malfunctioned on prior occasions, which had been known by store management. The case investigation and case discovery further showed that the manufacturer of the doors had recommended a daily door inspection procedure that was not being followed. The case settled before trial for the amount of $325,000.

To see other premises liability cases the firm has handled, please visit our Case Results page.

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