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premises liability Archives

Swimming pool owners can face premises liability claims

Many homeowners in Florida have swimming pools. In a state that can see hot weather year-round, swimming pools are a great way to cool down. However, property owners should understand that when it comes to swimming pools and children, the property owner could find themselves the subject of a premises liability claim.

How long does one have to bring a premises liability claim?

A broken handrail, torn carpet or wet floor may seem rather innocuous but, in reality, they can be very dangerous to those who do not know they are there. A person in Florida could slip or trip and fall on these surfaces and become seriously injured in the process. Broken bones, sprains and head injuries are not uncommon in these instances.

How is liability established in a Florida slip-and-fall case?

Florida may be free from icy sidewalks, but that doesn't mean that slip-and-fall accidents do not occur. Unfortunately, they occur all too often. People slip and fall in stores, restaurants, hotels and more. Really, any business establishment could be the site of a slip-and-fall accident. And, when one occurs, those injured may wish to pursue a premises liability lawsuit.

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.