The 9th U.S. Circuit Court of Appeals was asked to decide whether Target Corp. has a legal obligation to maintain automated external defibrillators in its stores. The question came out of a lawsuit filed by the family of a woman who died at a Target store in California during 2008. The court sent the case to the state's Supreme Court, noting that state law was not clear on the matter. The state court found for the retailer -- sort of.
Sometimes, when a New York business desires to make improvements to its premises, it will have construction work performed at the premises and remain in full operation while this work is being done. One thing that all businesses that opt to take this course of action should make sure to do is to take steps to ensure that the companies they hire to perform the construction work do not engage in unsafe conduct which could cause customers to suffer accidents during the course of the construction project. If a customer of a business suffers an accident as a result of construction work that is being performed on the business' premises, the business may find itself facing a premises liability lawsuit.
We are talking about a downside to Christmas shopping. Retailers often find themselves conflicted: How do we create exciting opportunities to bring lots of shoppers into the store without putting our employees or our customers in harm's way? Creating a stampede for a tablet computer special would be great, but ....
We are finishing up our discussion of a premises liability lawsuit from Western New York. In our last few posts, we have discussed the duty a business owes to different types of visitors. In this case, the restaurant, Denny's, owed the plaintiff, an invitee, a duty of reasonable care.
Now that we have established some ground rules for the case, we can talk about the particulars of the fracas at a Western New York Denny's restaurant. The case has not been decided, but the 2nd U.S. Circuit Court of Appeals ruled in September that the case can move forward. The plaintiff claims Denny's is liable for the injuries she suffered at the hands of other customers.
We are discussing a premises liability lawsuit involving an incident at a Denny's in Western New York. Before we get to the particulars of the case and the various legal arguments, we wanted to go through some premises liability law basics.
It is almost October, and that means winter is just around the corner. And who knows how long it will last? For many families, there comes a time when everyone needs a break from the cold and the sloppy streets, but warm weather holidays are often not in the budget. What is possible is an in-town getaway, a weekend at an Albany area hotel.