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premises liability Archives

Trespassers and premises liability rights

Dangerous property conditions can be hidden throughout homes, businesses and other types of properties. When Florida residents are granted permission to enter into these places by the owners of the land or buildings, they may expect some level of safety. Property owners who allow others to enter into the land or structures effectively take on a duty of care to ensure that they have acted reasonably in the preparation of safeguarding their physical spaces.

Who is responsible for a slip and fall accident?

Trips, slips and falls happen every day to Florida residents who are unlucky enough to encounter dangerous surfaces. Though some falls occur because of the general clumsiness of individuals, many happen when property owners fail to maintain their premises in a safe and orderly way. Individuals may be hurt when they slide on wet or slick floors, trip over uneven pavement or floor coverings or stumble over debris that is left in their paths.

When can a retail store be liable for shopping-related injuries?

When a person enters a store in Florida, they usually expect that they will make their intended purchase without incident. However, shopping-related injuries do occur in stores across the Sunshine State. Shopping-related injuries could include anything from slips and falls, to head injuries and overcrowding injuries. While these types of injuries may be more common during popular shopping seasons, any store could overlook a spill on the floor or fail to inspect and maintain their premises at any point in the year.

Man injured on water ride at a Florida theme park

Florida is famous for its many theme parks. Tourists from all over the world spend their vacations at these theme parks, as do residents of the state. The rides at these theme parks can be thrilling. However, as numerous incidents show, they can also be dangerous.

What is an "open and obvious" danger in premises liability law?

Premises liability law varies by state. In general, though, a property owner in Florida may be liable to invitees injured on their premises, if the property owner either knew or through reasonable care should have known that there was a hazardous condition on the premises. In addition, others on their property would not know about the hazard or would not be able to protect themselves against it and the property owner fails to take reasonable measures to remedy the hazard or warn others of it.

Early holiday season shopping could lead to injuries

Now that Halloween is over, and Thanksgiving is on the horizon, people in Miami might be giving a thought to their holiday shopping, particularly Black Friday. Stores offer great deals and are open extended hours at this time of the year to entice shoppers in. However, with an influx of patrons brings the duty for storeowners to be extra-vigilant that their premises are safe for customers.

Property owners have a heightened duty of care towards invitees

Whether one is a social guest at a friend's house or a patron at a grocery store, they generally expect that the places they frequent are safe. Unfortunately, sometimes property owners are negligent in keeping their premises safe, causing others on their property to suffer injuries. When this happens, the injured party might want to pursue a premises liability lawsuit. However, a property owner's duty of care in such cases can depend on the status of those on their property.

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.