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Articles Tagged with premises liability lawsuit

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shiny floorWhen a lawsuit is filed for compensation for injuries in an accident allegedly caused by another party’s negligence, there are several ways that the case can be concluded. The most obvious ways are by an out-of-court settlement or a jury verdict in favor of one party or the other.

There is another, less commonly known, possible resolution for negligence cases known as “summary judgment.” When a court grants summary judgment, it is usually (although not always) in favor of the defendant, and it means that, even if the court looks at all of the evidence in the light most favorable to the plaintiff, there is no way that the plaintiff’s case can be successful at trial.

If the plaintiff disagrees that summary judgment was an appropriate end to the case, he or she can ask the appellate court to review the matter.

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hospital hallway

Generally speaking, businesses such as retail stores, restaurants, and even hospitals have a duty to keep their premises in a reasonably safe condition. When a business fails to do so, it can be held liable for the resulting physical injuries (or even a guest’s wrongful death). Those injured or the family of someone who died can file a premises liability lawsuit.

However, such cases are sometimes difficult to prove, and the plaintiff has the burden of establishing the defendant’s liability. If the plaintiff is unable to make out a case of negligence, he or she will not be able to recover any monetary damages, regardless of the severity of the injuries sustained in the accident.

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