Strong facts, smart strategy result in slip-and-fall case dismissal
- Corey Desiderio
- Aug 5
- 1 min read
Slip-and-fall cases are among the most common in premises liability. But KSLN sees each case as an opportunity to apply smart strategy and tailored legal solutions that align with our clients' goals. Insurance defense attorney Joe Darin recently secured a favorable outcome in one such case for a snowplow contractor.
The claim stemmed from a plaintiff who fell during a heavy winter storm. Joe and his team filed for summary judgment based on the “storm in progress” doctrine, which states that property owners are protected from liability for accidents caused by snow and ice accumulation during an ongoing storm (applying to both exterior and interior surfaces), and allows property owners a reasonable amount of time after a storm has ended to clear snow and ice without being held responsible for injuries resulting from hazardous conditions.
Armed with strong facts and legal arguments, KSLN’s summary judgment was granted, and the complaint against the snowplow contractor was dismissed before going to trial.
“When the facts are clear and undisputed, summary judgment can offer a quicker and less expensive resolution compared to a full trial,” Joe says.
Having a comprehensive understanding of the facts and legal elements of the case was crucial to this successful motion for summary judgment. Ultimately, the objective for summary judgment is to convince the court to resolve the case or specific issues without the necessity of a full trial, which saves time and resources for both parties.
Legal needs aren’t one-size-fits-all. KSLN’s reliable and responsive attorneys earn the trust of its clients by understanding the case, evidence and legal strategy to find realistic and creative solutions that match each client’s goals.
