Under Florida’s premises liability law, those who suffer injuries on another’s property because of a dangerous hazard, defect, or condition, may be able to recover compensation for their injuries. Premises liability law is based on a property owner’s duty to ensure that their property is safe for visitors. However, liability largely depends on the relationship between the visitor and the property owner. Although some states are moving towards abolishing the distinctions, Florida law maintains that visitors are either invitees, licensees, or trespassers. However, despite these classifications, there are nuances and complexities to the rules. For instance, complications often arise when a person suffers injuries while participating in a recreational activity.
Florida’s recreational use statute protects some landowners from lawsuits when they open their land to the public. In these cases, the property owner must keep the area reasonably safe for visitors and warn visitors of dangerous conditions. This generally applies to property owners who hold their land out to hunt, fish, wildlife viewing, or other similar purposes. However, generally, the recreational use statute does not apply if a landowner charges an admission to enter or use their land.
Similarly, in some cases, companies that offer recreational activities to participants may be immune from certain lawsuits. For instance, amusement parks, water parks, paintball arenas, and mini-golf courses may protect themselves by requiring participants to sign a liability waiver release. Additionally, these entities may defend against a claim by arguing that the participant assumed the risk or was non-compliant with safety rules. However, in some cases, a participant may suffer injuries that are only somewhat related to the recreational activity. This can occur because of an intervening incident or unexpected occurrence.
For instance, recently, a Florida news report described a tragic incident where two children died at a Florida mini-golf course. According to police reports, a driver veered from the westbound lanes and into a mini-golf course. The vehicle slammed into the two children, resulting in one child’s death at the scene, while the other died at a local hospital. Cases such as this require a thorough understanding of various legal theories because these types of lawsuits may involve several liable parties. Depending on the exact circumstances, in addition to the culpable driver, the family may pursue claims against the mini-golf course, based on an unsafe design. In response, both the vehicle’s driver and mini-golf course may assert various defenses.
Have You Suffered Injuries While Participating in a Recreational Activity in Florida?
If you or someone you love suffered injuries or died in an accident, the attorneys at the Law Offices of Robert Dixon can help you pursue compensation for your injuries. The attorneys at our law firm represent clients in a variety of cases. We offer our clients compassionate representation while fiercely advocating for their rights. Our attorneys handle claims stemming from Florida premises liability cases, defective product lawsuits, car and truck accident claims, and more. Through our dedicated representation, our clients have recovered significant compensation for their medical expenses, lost wages and benefits, and pain and suffering. Contact our office at 877-499-4878, to schedule a free initial consultation.