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Court Addresses Law of Liability For Items That Fall From a Wall

By Daniel Cummins on December 19, 2024
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Court Addresses Law of Liability For Items That Fall From a Wall
In the case of Inman-Clark v. Neiman Marcus Group, LLC, No. 19-CV-4717 (E.D. Pa. Nov. 13, 2024 Goldberg, J.), the court granted partial summary judgment in a premises liability case where a wall display item fell off of a wall and hit the Plaintiff.  More specifically, the item that fell was a large framed picture.

The court noted that, in cases of falling objects, the proof necessary to establish negligence under the circumstances need only be very slight. The rationale of the court was that incidents of this kind do not ordinarily occur absent negligence.

Also, in this case, the court found that no evidence supported any of the alternative possibilities raised by the Defendants in an effort to assert that the accident occurred in a non-negligent manner.

Anyone wishing to review a copy of this decision may click this LINK.  The Court’s companion Order can be viewed HERE.

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

Photo of Daniel Cummins Daniel Cummins

Daniel E. Cummins is a civil litigator and Partner in the Clarks Summit, Pennsylvania law firm of Cummins Law, which is located in northeastern Pennsylvania, just outside of Scranton. He has served as a columnist for the Pennsylvania Law Weekly and appeared in…

Daniel E. Cummins is a civil litigator and Partner in the Clarks Summit, Pennsylvania law firm of Cummins Law, which is located in northeastern Pennsylvania, just outside of Scranton. He has served as a columnist for the Pennsylvania Law Weekly and appeared in the Best Lawyers in America Director every year since 2015. He is the creator and sole author of Tort Talk, a blog dedicated to discussing updates, trends, and thoughts regarding Civil Litigation Law.

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  • Posted in:
    Real Estate & Construction
  • Blog:
    Tort Talk
  • Organization:
    Foley, Comerford & Cummins
  • Article: View Original Source

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