Premises Liability

John Fleming defended a case where the injured claimant fell on a crack on an asphalt walkway at a retirement living center which had multiple buildings connected by walkways.  The claimant fell on her hip and damaged the existing artificial hip, requiring reconstruction and replacement with a new artificial hip.  Medical bills exceeded $100,000.00. The trial judge granted summary judgment in favor of John’s client, the owner of the retirement development, based on the minor nature of the defect involved on the walkway.

John Fleming defended a laundromat business, in a case involving a customer who slipped on tracked in water from ice, slush, and snow at the entrance way to the business.  The trial court granted summary judgment in favor of John’s client, based on the Illinois doctrine involving a “natural accumulation” of ice and snow.  That law holds that there is generally no duty when an injured person suffers a slip and fall on rain, snow, or ice that naturally falls from the sky.