A plaintiff recently appealed from the court order dismissing her case filed after she slipped and fell on a clear liquid on the floor of the mall and was injured. She was unable to see the liquid or determine for how long it had been there. There is a food court in the mall one level above where plaintiff fell. The court found that there was no plausible connection between the clear liquid found on the floor where plaintiff fell and the mall’s method of doing business and therefore plaintiff needed to prove that the mall had notice of the spilled liquid but failed to take reasonable steps to provide safe premises. Since the plaintiff could not prove that, the case was dismissed.  Read More…

A prospective home purchaser is generally entitled to receive a refund of their contract deposit if the sale is cancelled for reasons other than the purchaser’s fault.  An example is the denial of the mortgage application as a basis for cancelling the contract.  If the purchaser cooperates fully with the lender and is still turned down for the loan, then the deposit should be refunded.  However, where for example the purchaser withholds needed documents from the lender in order to obtain a denial because she has changed her mind and no longer wants the house, the purchaser may not get the deposit back.  Generally, the purchaser is able to cancel for reasons that are outside his or her control.  Each case is always fact sensitive.   Read More…