slip and fall Archives - Dodson Parker Behm & Capparella, PC

No Liability for Fall on Defective Sidewalk

Apr 15, 2017

This is a good example of why lawyers need to develop (and use!) checklists for trial. When you file suit after a fall on a defective sidewalk, you need to be sure you can elicit testimony not just that the sidewalk was defective but that it caused the fall…...

Sometimes a slip and fall is really just a slip and fall…

Aug 1, 2016

The doctrine of res ipsa loquitur is a rule of evidence intended to assist the plaintiff who has no direct evidence of negligence by providing a way to have circumstantial evidence considered when a plaintiff is trying to proof negligence. The doctrine won’t...

Injured Patron Can’t Sue; Membership Agreement Waived Right

Jul 26, 2016

An exculpatory clause waives the right to sue. A recent Court of Appeals case shows that it the waiver can be far broader than you may realize. Case Sandra Gibson v. Young Men’s Christian Association of Middle Tennessee Background Plaintiff Sandra Young fell after...

Premises Liability Case Falls Short

Jul 1, 2016

Premises liability cases are often difficult, and the recent case of Mooney v. Genuine Parts Company d/b/a National Automotive Assoc. illustrates This premises liability case arose from a plaintiff’s fall at an auto parts store where she was inquiring about a job...

Court of Appeals Opinion Gives Guidance on Slip and Fall Cases

Mar 16, 2016

The recent Tennessee Court of Appeals opinion in Brown v. Mercer-Defriese provides an excellent outline for proof to be presented in a premises liability action involving allegations of an unreasonably dangerous step. Nancy Brown, was at a rental property owned by...

No Liability for Fall on Defective Sidewalk

Sometimes a slip and fall is really just a slip and fall…

Injured Patron Can’t Sue; Membership Agreement Waived Right

Premises Liability Case Falls Short

Court of Appeals Opinion Gives Guidance on Slip and Fall Cases

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