Slip and Fall Accidents

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Frequently Asked Questions

Get answers to the most common liability case queries.

What is the most common type of discrimination case in schools?
The most common cases involve disability discrimination under laws like the Individuals with Disabilities Education Act (IDEA). This occurs when a school fails to provide appropriate services or accommodations for a student with a disability, such as not creating a necessary learning plan or denying access to educational programs. These failures can prevent a student from receiving an equal opportunity to learn and participate, leading to legal claims from parents or guardians demanding appropriate support and services for the child.
Are there special rules for certain breeds or “dangerous dogs”?
Many cities and counties have local ordinances targeting specific breeds deemed dangerous, like pit bulls or Rottweilers. These laws may impose special requirements such as mandatory muzzling in public, extra insurance, or secure enclosure standards. Violating these ordinances can lead to automatic liability if the dog causes harm. Additionally, if a dog has a known history of aggression (a prior bite or attack), the owner will face heightened liability under virtually all legal theories for any future incidents.
How does “premises liability” apply to daycare and school injuries?
Premises liability holds property owners responsible for injuries caused by unsafe conditions. For schools, this means maintaining a physically safe environment. Common examples include: wet floors without warning signs, broken playground equipment, poorly maintained sports facilities, or exposed wiring. The school must regularly inspect and promptly repair hazards. If a child is injured by a known danger that the school failed to fix, a claim can be made. It focuses on the condition of the property itself, rather than direct supervision failures.
How does the law protect tenants with disabilities?
Landlords must make “reasonable accommodations” to rules and policies to allow a disabled person equal use of their home. They must also permit, at the tenant’s expense, “reasonable modifications” to the physical unit. For example, a landlord must allow a guide dog in a “no pets” building (accommodation) and permit a tenant to install a grab bar in the shower (modification). Newer multi-family buildings must have accessible common areas and accessible features within the units themselves.
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