Premises Liability Category Archives - Page 4 of 8 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Florida Court Examines Applicability of Recreational Immunity Statute

Published on: December 21, 2017 | by Law Offices of Robert Dixon

Property owners in Florida have a legal obligation to keep their premises in a reasonably safe condition so as not to injure those who visit the property. If you or your loved one has been injured on someone else’s property, you may be entitled to compensation. At the Law Offices of Robert Dixon, our Miami premises liability attorneys can examine the facts of your case and help you determine your rights and options.

In a recent Florida case, the appellate court discussed the applicability of a recreational use statute to a skating injury. The facts of the case are as follows. The plaintiff was rollerblading on a city street when he tripped over a pothole and sustained serious injuries. The plaintiff went on to file a premises liability claim against the city, claiming that the City was negligent in failing to repair or warn against the pothole that caused his injuries.

Florida Statute, Section 316.0085, also known as the Recreational Statute, is intended to promote skateboarding and inline skating along with other recreational activities. The statute expressly states that if a government entity sets aside an area for these types of activities, that government entity is not liable for any resulting injuries in the area in the absence of a failure to warn about a hazardous condition of which someone does not and could not reasonably be expected to have notice. Put simply, the statute says that the government is not liable for injuries that occur at skate parks and areas where skateboarding is allowed.

Who is Liable if you are Injured on an Airbnb Property in Florida?

Published on: November 14, 2017 | by Law Offices of Robert Dixon

Airbnb has become a popular option for travelers in Florida, the United States, and even the world. Cheaper accommodations and increased privacy are just some of the reasons people choose Airbnb over traditional hotels. While most people stay at these properties without incident, the reality is that accidents do happen. If you have been injured at an Airbnb property, you need to reach out to a seasoned Miami premises liability attorney who can protect your rights. At the Law Offices of Robert Dixon, we will look into the facts of your case and come up with a legal strategy accordingly.

Airbnb is an online community marketplace that connects people looking to rent their homes with individuals looking for accommodations. Since Airbnb’s founding in 2008, 140 million guests have stayed at these properties. In cities like Paris, San Francisco, and Seattle, the size of the host-and-guest community in 2016 approached or exceeded 20 percent of the population. In 2016, the company reported more than 750,000 guests in Florida.

As with any other type of property, people can get injured at these short-term rentals. The types of injuries that can occur include:

Slip, trip, and fall accidents;
Electrical fires and burns;
Poor lighting causing accidents;
Broken furniture or cabinets injuring guests;
Broken stairs or steps causing falls or traumatic injuries; and
Broken tiles or pavers leading to injuries.

Chair Accidents and Injuries in Florida

Published on: March 27, 2017 | by Law Offices of Robert Dixon

Most of us use chairs on a daily basis without incident. The reality, however, is that a number of people in Florida and throughout the United States are injured each year in chair accidents. If you or someone close to you was injured due to a chair accident, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys can scrutinize the circumstances of your accident and determine whether or not you may have grounds for a lawsuit.

Common ways that people are injured include falling when a chair collapses, fingers being severed by chairs with jagged edges, chair wheels getting jammed and causing a tip-over, or leaning to the side to reach something while seated in a chair, which causes a tip-over. Injuries that could result from chair accidents include lacerations, fractures, broken bones, neck injuries, spinal cord injuries, and back injuries. In the most severe cases, chair accidents can cause permanent disabilities and render individuals unable to work.

Shopping Cart Injuries to Children in Florida

Published on: March 27, 2017 | by Law Offices of Robert Dixon

Every day, parents in Florida and across the United States put their children in shopping carts when they visit a store. If your child has been injured in a shopping cart accident, it is important to reach out to a seasoned Miami injury attorney who can analyze the facts of your case and determine whether or not you may be able to seek compensation for your harm. Having an experienced attorney on your side can make a difference in your case.

Shopping cart accidents involving children are more common than you may think. According to the Centers for Disease Control, approximately 24,000 children under the age of 15 are injured each year in shopping cart accidents. Of those injuries, almost 20,000 occur to children younger than five. A report from the Nationwide Children’s Hospital revealed that about 66 children are victims of shopping cart injuries each day.

Falls from shopping carts accounted for over two-thirds of shopping cart accidents. Other common causes of shopping cart injuries include broken or insufficient restraints allowing a child to slip out or unbuckle the safety belt, side or rear tip-overs due to faulty construction, falling over the cart, entrapment of limbs in the cart, and scratching or cutting due to sharp or rusty edges. The most common types of injuries that are reportedly sustained in shopping cart accidents are head injuries such as concussions or traumatic brain injuries. Other injuries may include broken bones, spinal cord injuries, and contusions or lacerations.

Falls from Balcony in Florida Due to Defective Railings

Published on: March 27, 2017 | by Law Offices of Robert Dixon

Florida has countless high-rise apartment buildings, hotels, and condos, which means that people often enjoy outdoor time on their balconies. While most people do this without incident, the reality is that balcony accidents do happen in Florida and across the United States. Serious accidents can happen when the balcony or balcony railing is not built to code or properly maintained. If you have fallen from a balcony or been hurt in a balcony accident that could have been prevented, you may be entitled to compensation.

According to The American Journal of Emergency Medicine, there were an estimated 86,500 balcony fall injuries treated in hospital emergency departments between 1990 and 2006. Most of these falls ranged from five feet to 87.5 feet. In approximately 6.5 percent of these cases, injuries were caused by structural deficiencies. Children under the age of 18 were more likely than adults to suffer closed head injuries or skull fractures.

Balcony falls can have a number of causes, including loose railings or rusted bolts, railings that are not high enough, gaps in railings that leave a dangerous space through which people can fall, unsafe design or construction of the balcony, structural weakness, a failure to place proper warning signs, and improper maintenance.

Falls in Florida Caused by Loose, Uneven, or Torn Carpets or Rugs

Published on: March 20, 2017 | by Law Offices of Robert Dixon

Carpets, rugs, and floor mats can cause individuals to fall and sustain serious injuries. Many times, this happens because the carpet, rug, or floor mat was not properly secured to the ground or has uneven edges that pose a risk to those walking on them. If you have been injured in a slip and fall on someone else’s property, you may be able to recover compensation for your injuries and hardship.

A slip or trip and fall occurs when your foot strikes something that causes you to lose your balance. Floor mats and rugs can be dangerous when they are not slip resistant on the top and bottom sides. Sometimes, an individual will step on a floor mat or rug, and the entire thing will slide forward, causing the individual to fall. Edges of carpets that get twisted and bunched up also pose a hazard to people who may be susceptible to tripping over them.

Slip and falls involving carpets and rugs can lead to serious injuries, such as broken bones, broken wrists, fractures, cuts and scrapes, torn ligaments, sprains, concussions, and even death.

Hot Tub-Related Injuries in Florida

Published on: March 2, 2017 | by Law Offices of Robert Dixon

Hot tubs can be a great source of enjoyment, but the reality is that they can also be dangerous. If you or someone close to you was hurt in a hot tub drowning accident, we can help. At the Law Offices of Robert Dixon, we proudly represent South Florida clients in seeking the compensation they deserve for their harm.

The Center for Injury Research and Policy of the Research Institute at Nationwide Children’s Hospital did a study that found that the number of unintentional hot tub-related injuries increased 160 percent between 1990 and 2007. In 1990, there were 2,500 injuries, whereas in 2007, there were more than 6,600. Part of this can probably be explained by the fact that more people own hot tubs now. Still, it also highlights how dangerous hot tubs can be and how important it is to take the necessary safety measures to prevent injuries.

The main risk posed by hot tubs is the same one that is posed by pools: drowning. The United States Consumer Product Safety Commission reports that since 1980, more than 700 deaths have occurred in hot tubs. Another potential hazard is people’s hair being sucked into the suction fitting of the hot tub, causing the person to be held under water and potentially drown.

Automatic Door Injuries in Florida

Published on: March 2, 2017 | by Law Offices of Robert Dixon

Automatic doors are almost everywhere these days. Airports, shopping malls, office buildings, hotels, and supermarkets routinely use automatic doors due to the convenience they offer and the time they save customers. While these doors routinely work without incident, when they do malfunction, they can cause serious harm. If you or someone close to you has been injured in an automatic door accident, you should consult a Miami personal injury lawyer.

Automatic sliding doors and revolving doors are extremely heavy. Thus, if they close prematurely and strike someone, serious and long-term injuries can result. Some possible causes for automatic door injuries may be improper installation, improper maintenance, missing or faulty door sensors, improper timing devices, and failures to inspect on a regular basis.

Business owners have a legal obligation to make sure their premises are safe for their customers. This obligation extends to ensuring that automatic sliding doors are in proper working order. As mentioned above, it is also the business owner’s responsibility to inspect and maintain the doors after they have been installed.

Bed Bug Injuries in Florida

Published on: February 23, 2017 | by Law Offices of Robert Dixon

Bed bug infestations are a legitimate concern in Florida hotels, motels, and other public facilities. If you or someone close to you was harmed due to a bed bug infestation, it is important to reach out to a skilled Miami injury attorney who can evaluate your case. With years of experience, we can advocate for your rights at every step of the way and help you seek the compensation you deserve for your harm.

We represent clients in all types of bed bug cases. This includes apartment bed bug cases, hotel bed bug cases, rental furniture bed bug cases, mattress bed bug cases, and more.

Bed bugs are parasitic insects that feed exclusively on blood. They are small, oval, and brownish in color. They do not fly, although they can move at a quick speed over various surfaces. Bed bugs do not live in nests. Instead, they live in groups in hiding places, such as a mattress, box spring, bed frame, headboard, and any other place where they have access to people. A 2011 survey conducted by the National Pest Management Association found that one out of five Americans has had a bed bug infestation in their home or knows someone who has encountered bed bugs at home or in a hotel.

Gym Injuries in Florida

Published on: February 10, 2017 | by Law Offices of Robert Dixon

Physical fitness is vital to one’s personal health, which is why many people in Florida and across the United States join gyms and other athletic institutions. If you have been injured due to a trainer or gym’s negligence, we can help. At the Law Offices of Robert Dixon, we can examine the facts of your case and let you know if you have a strong claim for compensation. You can trust that our Miami injury attorneys can offer reliable legal guidance at every step of the way.

Injuries at the gym may be more common than you think. The Consumer Product Safety Commission found that there were 62,700 injuries treated in emergency rooms related to exercise equipment in 2014. More than 24,000 of those injuries involved treadmills.

Gym owners and operators will typically ask you to sign a waiver releasing them from liability in the event that you are injured. In some cases, these waivers are designed to prohibit you from suing even when the gym’s owner, operator, or employee caused your injury. However, you may be able to take legal action despite the waiver you signed. To figure out if this is a possibility, your lawyer would examine the language of the waiver as well as the circumstances of your injury and advise you accordingly.