Ask ten defense attorneys and claims examiners if something is open and obvious and 9 times out of 10 we will all say “Yes, of course.”  Unfortunately, judges, juries and plaintiffs’ attorneys don’t usually agree with us. Let’s talk about what the law considers to be open and obvious dangerous conditions…

What’s a plaintiff’s attorney’s favorite “safety” device?  Here's a hint – it doesn’t matter if you have them or not, plaintiffs can always find a way to argue negligence. What’s the answer?  Floor mats! If no floor mats are used, plaintiffs argue negligent failure to have floor mats.  If there are mats,…

The most important and impactful analysis you can make in a premises liability case is whether there was constructive notice of the defect that allegedly injured the claimant/plaintiff.  Therefore, it is imperative that all businesses understand how constructive notice is proven and all claims examiners must know how to analyze…