This case law update brought to you by Freeway Law, personal injury and car accident attorneys. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information below is for informational purposes only and not to be construed as legal advice.
Court: US Court of Appeals for the Fourth Circuit
Opinion Date: February 22, 2021
Areas of Law: Personal Injury
After the plaintiff experienced a serious fall down a short flight of stairs, she filed a premises liability action against the defendants for negligence and negligence per se. The district court granted summary judgment to defendants, holding that plaintiff did not offer sufficient evidence that there was a dangerous condition, defendants had notice of the condition, or the alleged dangerous condition caused her fall. The Fourth Circuit reversed and remanded, concluding that the plaintiff has produced sufficient evidence from which a reasonable jury could conclude the loose bricks and the gap between them and the step posed a dangerous condition; there is a genuine issue of material fact as to whether defendants had constructive notice of the hazard, and there is sufficient evidence for a reasonable inference of causation.
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