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When
the owners of a property or business invite the public onto
their premises as a guest or a patron, there comes with
that invitation a responsibility to make sure the premises
are safe for use. Security may be required to keep patrons
safe; maintenance may be necessary to keep the premises
safe. Failure to meet these obligations may result in liability.
Premises Liability/Unsafe Environments/Inadequate
Security Cases
2003 Todd Reber v. Lovejoy Steel
| Plaintiff was
employed at Lovejoy Steel in Portage County as a material
handler and saw operator. As part of his job responsibilities
he was required to work within steel bar bin racks.
As Plaintiff was in the process of moving steel bars
within the racks, a several ton steel bar rolled out
of the rack onto Plaintiff's foot. Plaintiff sustained
a serious crush injury wich led to a complete transmetatarsal
amputation. Suit was filed against Plaintiff's employer,
Lovejoy Steel, based upon their knowledge of a dangerous
condition; knowledge that if an employee was subjected
by his employer to such dangerous condition, harm would
be a substantial certainty, and that Lovejoy Steel,
under such circumstances and with such knowledge, did
act to require Mr. Reber to work within the dangerous
condition. |
Click
For PDF Version
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| Jury
Verdict |
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2002
Estate of Gregory K Rhoades v. Summit Tower Services Inc.,
et al.
Decedent,Gregory
Rhoades, worked as a tower erector for Defendant Summit
Tower Services. In October 1998, Summit was contracted by
Defendant GPD Services to erect a 180-foot cell tower in
Newton Falls, Ohio. Toward the end of the project, Mr. Rhoades
was working at the top of the tower when he began the process
of rappelling down the tower and suddenly lost control falling
180 feet to his death. Suit was filed against Summit Tower
based upon their knowledge of a dangerous process on their
job site; knowledge that if an employee was subjected by
his employment to such dangerous process, harm would be
a substantial certainty, and that Summit Tower, under such
circumstances and with much knowledge, did act or require
Mr. Rhoades to continue to perform the dangerous process
of rappelling. Suit was also filed against GPD Services
based upon the theory that as a general contractor, GPD
Services actively participated in directing the activity
that resulted in Mr. Rhoades' death.
1998: Caraballo v. Gannon:
Plaintiff
was a tenant in an apartment building owned by defendant
and leased to defendant landlord. She was descending the
stairway when she fell, fracturing her ankle. The stairway
did not have a handrail . Plaintiff alleged that defendants
violated the law by failing to provide a handrail which
would have prevented the fall.
| Jury
Verdict |
|
1997
David Buckley v. Alfalfas Enterprises, Inc. dba Slam Jams,
et al.
Plaintiff,
a business invitee, was assaulted by 3 to 5 other patrons
at the Slam Jams Sports Bar and Grill. Plaintiff claimed
the bar maintained inadequate security for the safety of
its customers. Defendants contended that they should not
be held responsible for the unforeseeable criminal acts
of third parties and that Plaintiff contributed to his own
injuries. Plaintiff sustained spinal cord injury including
Brown Sequard Syndrome. As a result, he experienced atrophy
of the right shoulder, arm and loss of dexterity in right
hand as well as numbness in his left lower quadrant and
a surgical laminectomy of C4-C7.
| Settlement
at trial |
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1997: Jane Doe v. ABC University
A
17 year old student was sexually assaulted by a non-student
intruder while practicing voice at her state university
in a conservatory rehearsal room. Plaintiff claimed the
defendant university negligently failed to provide a safe
environment for students and negligently maintained the
locks on both the outside and inside building doors, allowing
the intruder access to the building and this young girl.
The university claimed that adequate security was maintained
and that the building was part of the public institution
and therefore not restricted.
| Settlement |
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1994 Eric Schulenburg, et al. v.
Catawba Island Club, et al
Wrongful
death of a 10 year old girl hit by a car when crossing a
street while at Defendant’s club.
| Jury
Verdict |
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1993
Williams, et al. v. Certified Crane, Inc.
Fall
down elevator shaft resulting in multiple injuries.
| Judgment |
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