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premises liability Archives

When might a property owner face liability for a fall outdoors?

Florida residents may already understand that a slip-and-fall lawsuit could happen if a person falls down and is injured inside a building, such as a store, hotel or restaurant. However, what they may not know is that slip-and-fall accidents can occur outdoors as well. These accidents could also lead to a premises liability lawsuit, if appropriate.

Premises liability and a property owner's duty to trespassers

People may have a "no trespassing" sign posted on the entrance to their property, but this does not always keep trespassers away. And, unfortunately, sometimes a person is injured or killed while trespassing on another's property. When this happens, it is important to understand how premises liability applies to trespassers under Florida law.

Can you hold a store owner liable for slip-and-fall accidents?

Perhaps you were just doing your weekly grocery shopping when you slip on a spill on the floor in the cereal aisle and break your leg. Or perhaps you were dining at your favorite restaurant with your family when you trip over a torn piece of carpet and hit your head. In either case, you are left with injuries that you may feel were certainly not your fault.

Federal Appellate Court Decision Demonstrates Evidentiary Challenges in Slip and Fall Lawsuits

Some people do not understand the difficult challenges injury victims must overcome when injured in a slip and fall on the premises of a business. While premises liability law authorizes an individual injured in a fall to pursue a legal claim for financial compensation against the owner of a business or commercial property, Florida law makes the task of proving negligence challenging. The difficult burden of establishing the appropriate knowledge by the business owner makes it important to seek prompt legal advice from an experienced Miami slip and fall lawyer. In this blog post, we examine a recent federal court decision that reveals these evidentiary obstacles.

Miami Cruise Injury Lawyers Discuss New Legislation Designed to Reduce the Risk of Drowning Involving Passengers Who Fall Overboard

The drowning of a passenger who fell from the Carnival Liberty cruise ship last month serves as a reminder that improved safety measures are necessary to prevent the tragic death of those who fall overboard. The passenger disappeared from the ninth deck of a vessel in the Bahamas according to the Coast Guard. While it might be comforting to assume that this type of incident almost never occurs, approximately 290 people have fallen overboard since 2000 reports cruise expert Dr. Ross Klein. Many of these incidents could be prevented with the exercise of due care by the cruise line and ship personnel. In this blog, our cruise injury lawyers review new legislation designed to improve cruise safety and mitigate the risk of passengers drowning after accidentally falling from a cruise ship. 

Miami-Dade Homeowners Insurance Attorneys Analyze Decision Regarding Homeowner's Claims Involving Short-Term Rental during Pending Home Sale

A common scenario that arises when people are in the process of selling their home after purchasing a new residence involves allowing another person to live in one of the homes until the old home sells. The short-term use might include short-term executive housing, a vacation rental, or interim housing for family members. Our Miami-Dade homeowners insurance attorneys recognize that the situation can get complicated and financially risky when the new home is damaged before the new owners take possession. An appellate decision out of another state raises the specter of problems associated with this scenario, especially if the people temporarily residing in the home are paying rent.

Attorneys Examine Florida Appellate Decision Revealing Waiver Does Not Preclude Financial Recovery for Injuries Suffered in a Jet Ski Accident

While cruises offer a litany of fun and recreational activities, a certain amount of risk of injury accompanies some of these activities. This risk increases significantly when cruise lines and companies with whom they arrange excursions fail to exercise reasonable care for the safety of passengers. Cruise lines attempt to erect obstacles to liability that include requiring passengers to sign waivers of liability. In this blog, our Miami cruise accident attorneys review an appellate court decision permitting a lawsuit to move forward despite the existence of a waiver executed by the plaintiff in favor of the cruise company. 

Miami-Dade County Personal Injury Lawyers Explain Attractive Nuisance Doctrine in Context of Swimming Pool Drowning Lawsuit

While our personal injury lawyers have previously discussed the Florida 5th DCA case of Southern Owners Insurance Company v. Cooperativa v. De Seguros Multiples, etc. as it relates to negligent supervision, this blog considers a different issue. Although many drowning accidents in Florida result from lack of adequate supervision, trespassing children can receive special protection under the law. Swimming pools pose a unique risk to young children who often lack the maturity and experience to understand the threat of drowning or severe injury including brain damage from oxygen deprivation. 

Florida Court of Appeals Permits Trip and Fall Victim to Move Forward Despite "Obvious" Nature of Hazard

Our Miami premises liability lawyers often publish blog articles that highlight the many obstacles trip and fall victims face when pursuing personal injury lawsuits in Florida. Although the legislature has placed obstacles in the path of those injured because of falls due to lack of maintenance and care, a recent decision of an appellate court in Florida provides encouragement for plaintiffs injured because of the negligence of property owners. In a recent case, the court considered whether the "obvious" nature of a hazard entitled a defendant to summary judgment. 

Complex Issue of Establishing Liability in Slip and Fall Accidents Analyzed by Miami Cruise Injury Lawyers

Our first blog post in this two-part series analyzed the barriers to legal compensation in slip and fall lawsuits against cruise companies based on the ticket contract. While all plaintiffs injured in falls must overcome considerable obstacles, cruise passengers face an even tougher road. Whether the fall occurs at sea during a cruise under federal maritime law or in a Miami grocery store under Florida state law, the knowledge of the defendant constitutes one of the most critical issues in determining the outcome. In this post, our Miami cruise injury lawyers examine the challenges that must be navigated even after the obstacles created by the restrictive language in the passenger ticket contract have been successfully handled.