Morera and Artiles Help Retail Client Prevail in Premises Liability Case Appeal

Estrella LLC member Luis Morera and associate Mayra Artiles assisted client in winning an appeal overturning a liability ruling for a big box retail client.  The Court of Appeals ruling came down this week and concluded that the trial court erred in finding that the retail establishment know about the existence of a dangerous condition.  The Court of Appeal stressed that trial courts may not infer negligence based on speculation, thus emphasizing that plaintiffs have the burden of proving that the store personnel had actual previous knowledge of a dangerous condition for there to be liability.