Premises Liability Category Archives - Page 5 of 8 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Salon and Spa Injuries in Florida

Published on: January 30, 2017 | by Law Offices of Robert Dixon

Visiting a spa or salon is meant to be an enjoyable and relaxing experience. Beauticians and aestheticians have an obligation to ensure that a client’s health and safety are never put at risk. If you or someone close to you has been harmed at a salon or spa, you may be entitled to compensation. At the Law Offices of Robert Dixon, we can explore the facts of your case and determine whether or not you have a viable legal claim.

Salons and spas often use a number of toxic chemicals that require knowledge and training to prevent injuries to clients. Some common types of chemicals that may be used are facial peels, hair dyes, cosmetics, and glues or other adhesives for extensions. Furthermore, salons and spas use a number of tools to do manicures, pedicures, and hair and skin treatments. A few examples of salon and spa injuries include the following:

Burns from skin treatments (i.e., laser burns);
Burns from chemicals or hot hair tools dropped or used incorrectly by a stylist;
Infections;
Disfigurement; or
Baldness from hair treatments.

Florida Supreme Court Awards Attorney Fees to Plaintiff in Addition to 1.7M in Damages

Published on: January 30, 2017 | by Law Offices of Robert Dixon

In Anderson v. Hilton Hotels Corps., the plaintiff was seriously injured when a gunman in a Florida hotel parking lot attacked him. Specifically, the plaintiff was shot during an armed robbery, carjacking, and shooting that took place in the parking lot of a Central Florida Embassy Suites hotel. He subsequently filed a claim against the hotel, the hotel management company, the hotel investment firm, and the hotel security contractor for $1.7 million.

The plaintiff’s lawsuit was a premises liability claim, arguing that the defendants had not provided adequate security for the property, even though there was a foreseeable risk of harm to hotel guests. The plaintiff pointed to the fact that the guard on duty mainly worked inside the hotel and did not patrol the outside of the hotel. Additionally, lights that would have illuminated the parking lot were burnt out and had not been replaced for a number of months. The hotel staff had instructed the plaintiff to park in this lot despite its being poorly lit.

The statute permits that if a settlement offer is made by either side and is not accepted within a 30-day time frame, and the issue ends up going to trial and is decided in favor of the opposing party with a judgment that is an amount in excess or less of the original offer by 25 percent or more, the losing party must cover the lawyer’s fees of the other party.

Christmas Tree Accidents in Florida

Published on: January 4, 2017 | by Law Offices of Robert Dixon

The holiday season is a time of year when families, offices, and even stores put up Christmas trees and other festive decorations. While this can be great fun, the sad reality is that Christmas trees are often the cause of injuries to people across Florida and the United States.

The American Red Cross reports that approximately 47,000 fires take place during winter holidays throughout the country. The National Fire Protection Association has found that Christmas tree fires start up in an average of 230 homes every year and are responsible for $17.3 million in property damage each holiday season. Aside from the extensive property damage that these fires cause, they kill an average of four people every year and injure another 21.

In cases in which people are hurt or killed by holiday fires, they may have legal recourse. Your ability to file a premises liability claim will depend on where the holiday fire took place. Premises liability laws consist of a set of laws that govern injuries caused by defective property conditions. These claims are rooted in the theory of negligence. Negligence is a failure to exercise reasonable care in one’s actions that causes an injury to someone else. In Florida, property owners must keep their premises in a reasonably safe condition for those who are on the land.

Holiday Shopping Accidents in Florida

Published on: December 23, 2016 | by Law Offices of Robert Dixon

During the holiday season, many people in Florida and across the United States spend time in malls and stores as they buy gifts for their loved ones. Consumers are more likely to be focused on their shopping list than focused on the hazards that could injure them inside the store. The reality is that holiday sales attract large crowds who often descend into the store as soon as the doors open – creating a dangerous situation for everyone involved. If you or someone close to you has been injured in a holiday shopping accident, you may be entitled to compensation.

While the types of injuries that a person may sustain in a store may vary, the most common type of holiday sale accident involves a slip and fall. Property owners in Florida have an obligation to keep their premises in generally safe repair in order not to injure those who enter the property. Under Florida law, “invitees” are individuals who enter the property for business purposes, such as customers and employees of independent contractors. The property owner owes these individuals an extremely high duty of care. Specifically, when it comes to invitees, the property owner must: i) warn them of any concealed dangers that are known or should be known to the property owner and that are unknown to the invitee and cannot be discovered through the exercise of ordinary care; and ii) use ordinary care to keep the property in a reasonably safe condition.

Carbon Monoxide Poisoning in Florida

Published on: December 12, 2016 | by Law Offices of Robert Dixon

Damages resulting from carbon monoxide poisoning can be extremely serious. If you or someone close to you was injured or even killed due to carbon monoxide poisoning, it is important to seek the help of a skilled Miami injury attorney who can explore the facts of your case. Carbon monoxide poisoning may be actionable if it was caused by negligence. At the Law Offices of Robert Dixon, we have years of experience handling virtually all types of personal injury claims and can put our knowledge to use in your case.

Carbon monoxide is a colorless and odorless poisonous gas, which is why it is often referred to as the “invisible killer.” According to the Centers for Disease Control and Prevention, more than 400 people die each year in the United States from unintentional carbon monoxide poisoning. Furthermore, more than 20,000 people visit the emergency room, and over 4,000 are ultimately hospitalized due to carbon monoxide poisoning.

Under Florida law, every building for which a building permit is issued for new construction that has a fossil-fuel burning heater or appliance, a fireplace, or an attached garage is required to have an approved operational carbon monoxide alarm installed within 10 feet of each room used for sleeping purposes.

Personal Injury Claims Stemming from Criminal Attacks in Florida

Published on: December 7, 2016 | by Law Offices of Robert Dixon

Criminal attacks can often form the basis for a personal injury civil claim. If you or someone close to you has been injured by a criminal attack on the property of a business, you may be able to seek compensation for your harm. At the Law Offices of Robert Dixon, our experienced personal injury lawyers will work diligently to seek the justice and compensation you deserve. We are here to answer your questions and address your concerns.

Whether it is a hotel, retail plaza, gas station, or apartment complex, property owners have an obligation to ensure that the premises are in a reasonably safe condition. This includes the duty to protect customers from foreseeable criminal attacks on their premises. Consider the following examples:

Hotels, including the hotel parking lot, must have adequate security to protect guests and their property from assault, theft, and other crimes.
Banks should have enough guards for the location and size of the branch.
Gas stations must make sure that their customers can pump and pay for gas without being attacked.
Landlords and property managers must provide residences with the right amount of security based on the crime rate in the neighborhood.

Casino Accidents in Florida

Published on: December 7, 2016 | by Law Offices of Robert Dixon

Each year, a number of people from all over the world visit Florida casinos to experience the thrill of gambling. Casinos can be fun and vibrant places, but they can also be crowded and potentially dangerous. The unfortunate reality is that accidents occur in casinos quite often. If you or a loved one has been injured at a casino due to negligence, we can help. At the Law Offices of Robert Dixon, our Miami premises liability attorneys provide aggressive representation to each and every client.

Casino accidents can take place in a variety of ways, including slip and fall accidents (due to a wet floor, an uneven floor, or unsafe stairs or walkways), dangerous conditions such as obstacles or hazards on the floor, elevator and escalator accidents, inadequate security on the property leading to assaults, or bouncers at clubs being too rough with guests.

Premises liability is a legal theory that holds property owners responsible for accidents and injuries that take place on the property. The duty that a property owner owes a visitor depends on the status of the visitor. In Florida, property owner-visitor relationships fall into one of three categories: 1) invitees, 2) licensees, or 3) trespassers.

Photographs of Hazardous Condition in Broward County Sufficient to Create Jury Issue of Causation

Published on: October 7, 2016 | by Law Offices of Robert Dixon

Each year, many people in Florida and throughout the United States are injured in slip and fall accidents due to dangerous conditions. Evidence in slip and fall cases can be difficult to gather. This is because the last thing an injured victim is thinking about right after a fall is the legal process. Instead, the injured victim is typically trying to recover from the injuries. A decision from an appeals court in Florida recently addressed the issue of what happens when a plaintiff cannot testify with certainty regarding the cause of the fall. The court held that, in such instances, photographs of where the accident took place that show a hazardous condition will allow a case to come before a jury.

In Christakis v. Tivoli Terrace, LLC, the plaintiff alleged that she fell on steps at Terrace Apartments in Broward County in 2012. As a result, the plaintiff sustained injuries, including fracturing her right ankle. The plaintiff sued Tivoli Terrace LLC for negligence, claiming that the establishment was aware that the stairs had divots but failed to repair them.

The defendant stated that the plaintiff, who was a resident of the apartment complex, must have fallen because of her own carelessness. The defense introduced testimony by an accident reconstruction expert who said there was nothing faulty about the stairs. In addition, the defense claimed that the plaintiff was not able to point out the specific step on which she fell. The jury agreed with the defendants and found the plaintiff to be 90 percent liable for the incident.

Mold Injuries in Florida

Published on: September 23, 2016 | by Law Offices of Robert Dixon

Mold can be extremely harmful to anyone who is exposed to it. In fact, people can sustain long-term or even lifetime conditions as a result of mold exposure. If you or someone close to you has suffered an injury from mold, it is imperative to reach out to a skilled Miami injury attorney who can evaluate your case. At the Law Offices of Robert Dixon, we have helped many South Florida clients resolve their personal injury claims and can help you as well.

According to the Centers for Disease Control and Prevention (CDC), the term “toxic mold” is inaccurate. This is because, in most cases, the mold itself is usually not toxic or poisonous. Large mold infestations can typically be seen or smelled. Some harmful effects of mold exposure include nasal congestion and irritation, eye irritation or wheezing, coughing, breathing issues, headache and fever, and memory loss.

Injuries to Children at Summer Camps in Florida

Published on: September 7, 2016 | by Law Offices of Robert Dixon

Many children attend summer camps to learn new things, make friends, and have a good time. Summer camp activities will often include things like gymnastics, sailing, boating, and other sports. When you send your child to a summer camp, you expect them to be safe. If your child has been injured while away at a summer camp, it is important to seek the help and guidance of a Miami injury attorney who can thoroughly analyze the facts of the case. Summer camp accidents can be tricky, since most summer camps require parents to sign some type of release or waiver. We can meticulously examine a waiver and let you know about your rights and options.

Summer camp injuries can take many forms, including physical injuries, bus accident injuries, food poisoning, food allergies, sexual abuse, and drowning. Of course, this is not an exhaustive list, and there could be many others as well.

If your child was injured while at a camp, you may be able to seek compensation for your child’s harm. Whether the summer camp is liable usually will depend on whether or not the camp acted in a reasonable and timely manner. For example, if your child is injured because he or she fell off a bridge that the summer camp knew or should have known was broken or in disrepair, the summer camp will likely be liable for your child’s resulting harm. This is because the summer camp had a duty to provide your child with a safe environment and make sure there were no dangerous conditions on the property. In such a scenario, a premises liability claim would be appropriate. These claims are rooted in the theory of negligence. Most claims against a summer camp will be rooted in the theory of negligence, although other causes of actions may be appropriate in certain situations.