Premises Liability
Apr 10, 2003OUTCOME: Successful
Lanier slipped and fell at a Walmart due to liquid on the floor. Lanier had just gone into the isle and did not see the liquid before her fall as she was looking at the shelves for an item. The Circ ... uit Court dismissed the case because Lanier could not establish how long the liquid had been on the floor. The case was appealed to the Kentucky Supreme Court. I wrote an Amicus Brief on behalf of the Kentucky Academy of Trial Attorneys (now Kentucky Justice Association) arguing that ones an injured patron established that a dangerous condition existed on the property, the burdon should shift to the business to establish that the length of time the dangerous condition existed as it was in the best position to establish this fact. The Supreme Court agreed and we accomplished a change in the law that effected everyone injured as a result of a dangerous condition on a business property.