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Premises liability claim involves child's use of skateboard

When a business fails to keep up its property in New York, a patron of the business may end up getting seriously hurt, which could result in litigation. In one current out-of-state case, a family claimed that their child suffered injuries at a Target while riding a skateboard inside the store. They filed a premises liability claim against the store as a result.

The parents alleged that their child was hurt while using a Bravo Sports skateboard at the store. In their lawsuit, they accused both Bravo and Target of negligence as well as product liability and premises liability. They claimed their child suffered many permanent injuries as a result of the use of the skateboard at the store, requiring medical, surgical and nursing care; the child also allegedly suffered disability, disfigurement, pain and the loss of the ability to lead a normal life.

After the suit was filed, Target filed to have the case removed to a federal court, and Bravo consented. In a motion to dismiss, the store argued that a skateboard was not necessarily a dangerous condition. However, a judge denied the motion to dismiss the counts of premises liability and negligence that the companies faced in the original lawsuit.

When a retail establishment or other business in New York does not maintain its property appropriately and someone ends up getting hurt, the injured party may have the right to take legal action. Financial restitution from a successfully litigated premises liability claim, based upon a showing of negligence, might help the victim to cover his or her medical bills and other financial losses associated with the injury-causing incident. Monetary compensation may also help to address emotional distress and pain and suffering stemming from the accident.

Source: cookcountyrecord.com, "Target can't dismiss injury lawsuit brought by family of child hurt skateboarding inside Vernon Hills store", Scott Holland, Feb. 3, 2016

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