Premises Liability Category Archives - Page 6 of 8 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Injuries at Florida Outdoor Events

Published on: August 5, 2016 | by Law Offices of Robert Dixon

It is not uncommon in Florida to go to an outdoor concert as well as other entertaining events. The sad reality is, however, that not all outdoor events turn out to be safe places. Many people in Florida and throughout the United States are injured each year at outdoor events. These injuries can range from minor to severe, and in some cases, they can be fatal. If you or someone close to you has been hurt in an outdoor event, it is important to speak to a Miami premises liability attorney who understands the nuances of personal injury law.

Outdoor concerts, art walks, street fairs, festivals, and sporting games are just a few examples of outdoor events that are frequent in Florida. If you were injured in an accident at an outdoor event caused by someone else’s negligence, you may be able to file a premises liability lawsuit against the at-fault party.

Injuries at outdoor events can happen in a variety of ways, such as slip and falls, objects falling from a height, gas explosions, uneven ground, faulty handrails, and other dangerous conditions that harm victims.

Parents of Two-Year-Old Killed at Disney World in Orlando May be Able to File Wrongful Death Claim

Published on: August 5, 2016 | by Law Offices of Robert Dixon

Over the last few months, we have read news headlines highlighting terrifying incidents involving children.

Just last month, a two-year-old boy was killed after he was pulled by an alligator into a lagoon near a Walt Disney World hotel in Florida. The boy’s body was later found intact about 10 to 15 yards from where he was attacked. It is believed the boy ultimately drowned in the water where the alligator left him.

In another case, a three-year-old child fell into a gorilla enclosure at the Cincinnati Zoo. The 450-pound gorilla inside dragged the boy across the space inside. About 10 minutes later, zoo officials made the difficult decision to shoot the gorilla to safely retrieve the child.

Property Owner May Owe Duty of Care for Landscaped Areas in Florida

Published on: June 22, 2016 | by Law Offices of Robert Dixon

Property owners have a legal obligation to maintain their premises in sensibly safe conditions in order not to injure those who enter the land. Invitees are individuals who enter the land for business purposes, such as customers, and they are owed the highest duty of care. Property owners have a duty to warn invitees of hidden hazards of which the property owner knows or should know and that are unknown to the invitee and would not be discovered through the invitee’s use of reasonable care.

In Grimes v. Family Dollar Stores of Florida, the plaintiff filed a premises liability claim against a shopping center after suffering injuries in the parking lot. The facts of the case are as follows. The plaintiff arrived at the mall to go to the Family Dollar when she tripped and tumbled in the parking lot. The rows of parking spaces were divided by landscaped areas that had trees with re-bar tie-downs. As the plaintiff crossed the landscaped area, she fell over a steel re-bar that was sticking several inches out of the ground. The bar was not being used to secure any of the nearby trees or bushes. Due to the fall, the plaintiff sustained a knee injury.

The plaintiff subsequently filed a negligence claim against Family Dollar, the landowner, and the lessee. The claim alleged a failure to warn, failure to maintain the premises, and failure to correct a dangerous condition. Furthermore, the plaintiff stated that the defendants permitted the re-bar to stick out as a latent hazard in a path used by invitees to the store.

Spectator Injuries at Sporting Events in Florida

Published on: May 4, 2016 | by Law Offices of Robert Dixon

Florida residents can enjoy a number of outdoor sports in the state, due to the great weather that is present most of the time. If you or someone you know has been injured while attending a sporting event, it is important to talk to a skilled Miami injury attorney who can assess the merits of your case. We will examine the facts and give you an honest assessment of whether you have a solid claim.

Spectators at sporting events should be aware that they assume a certain amount of risk. The “assumption of risk” doctrine basically says that the injured person assumed the risk of getting injured by willfully partaking in an activity that the person knew could be hazardous. For example, individuals at a baseball game should know that foul balls and home run balls could land in the stands and hit a viewer. Similarly, golf spectators are typically aware that golfers may not always hit perfect shots that land in the fairway or in the green.

Daycare Negligence in Florida

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

Parents often have no choice but to depend on daycares to watch their children while they work. When you drop off your child at a daycare, you expect your child to be taken care of. Many children at daycare need constant attention due to their age. Unfortunately, thousands of children are injured every year in daycares in Florida and throughout the United States. If your child has been injured while at daycare, you may be able to take legal action against the facility. At the Law Offices of Robert Dixon, our highly skilled injury lawyers are well-versed in virtually all aspects of personal injury law and can put our knowledge to use in your case.

According to the National Center for Education Statistics, an estimated 13 million children are enrolled in some type of childcare service. The National Association of Child Care Resources & Referral Agencies (NACCRRA) reports that Florida alone has approximately 9,264 childcare centers and/or family child care homes. It is also important to note that 98 percent of the childcare that is requested is made use of on a full-time basis.

Supermarket Not Liable for Slip and Fall Damages in One Florida Case

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

Property owners in Florida have a duty ensure that their property is in reasonably safe condition for visitors. If you or someone close to you has been injured on someone else’s land, you may be able to file a lawsuit against the property owner. This area of law is known as premises liability law and it applies to homeowners, small business owners, commercial business owners, and others.

In Dominguez v. Publix Super Markets, Inc., the plaintiff sustained injuries when she slipped and fell on detergent that had spilled on the floor from an overturned bottle. The defendant’s video surveillance caught a visual of the incident. The footage showed a Publix employee running to the spill where he picked up the bottle, placed it upright, and started to clean up the mess. The employee’s back was to the plaintiff when she came around the corner and slipped in the spilled detergent. The total time between when the bottle fell and the woman’s fall amounted to thirteen seconds.

Under Florida law, a property owner also owes differing levels of care based on the status of their visitor. A customer in a store is classified as an “invitee” and is owed the highest duty of care by the storeowner. When it comes to invitees, storeowners have an obligation to warn of hidden dangers that the storeowner knows about or should have known about, but that the invitee could not discern through the use of reasonable care. The storeowner also owes invitees a duty to keep the property reasonably safe.

Inadequate Maintenance Claims in Florida

Published on: April 6, 2016 | by Law Offices of Robert Dixon

Property owners have an obligation to maintain their premises in reasonably safe condition for those who enter the land. When a property owner fails to do this, and an individual is injured as a result, the victim can pursue compensation for their harm. At the Law Offices of Robert Dixon, our premises liability attorneys are well versed in this area of law and can put our knowledge to use in your case. You can rest assured that we will provide you with the aggressive representation you need.

Inadequate maintenance can cover a variety of unsafe conditions on property, including but not limited to:

Uneven stairs or sidewalks;
Spills on the floor;
Cluttered aisles or walkways;
Lack of security cameras in high crime neighborhoods;
Broken windows;
Faulty locks;
Poor lighting; or
Unrepaired fixtures.

Florida’s Recreational Use Statute

Published on: October 28, 2015 | by Law Offices of Robert Dixon

Premises liability is an area of law that comes into play when an individual has been injured on someone else’s property. While in some cases liability is crystal clear, in other cases it can be complicated. As with other areas of personal injury law, there are nuanced rules and exceptions, which may be applicable in your particular case. At the Law Offices of Robert Dixon, our Miami premises liability attorneys can assess the facts of your situation and advise you accordingly.

Property owners have legal duties to keep their property in a reasonably safe condition so that those who enter the land are not injured. This duty varies depending on who is entering the land but generally consists of making sure there are no unreasonable hazards on the land, fixing known hazards, or warning guests of dangers.

However, there is an exception to this rule, and that is the Florida recreational use statute, found at F.S. 375.251. Under this law, there is limited liability for individuals who have made their property or certain public areas available for recreational purposes without any charge. The statute denotes that there is no presumption that the land is safe. Put another way, there is no duty of care owed by the landowner to those who enter and use the property. There is also no duty on the part of the landowner to warn visitors of any hazardous conditions on the land.

Florida Court Rules that Products Liability Case is Barred Due to Statute of Repose

Published on: October 21, 2015 | by Law Offices of Robert Dixon

If you have been injured by a faulty product, it is important to consult a qualified Miami injury lawyer as soon as possible. Personal injury claims are governed by strict time limits, and acting fast can make all the difference in your case.

In Dominguez v. Hayward Industries, Inc., the plaintiff suffered a serious head injury when the filter of his swimming pool exploded in November 2012. The plaintiff later filed a lawsuit against the filter manufacturer, the distributor, and the installer of the filter to the swimming pool. The lawsuit was based on the legal theories of products liability and negligence.

The defendants responded by filing a motion for summary judgment, arguing that the 12-year statute of repose barred the lawsuit under Section 95.031 of the Florida Statutes. The statute of repose is essentially the same as the statute of limitations because it bars claims after a certain time period has passed. Put another way, if a plaintiff does not file within the statute of repose, he or she will be permanently barred from bringing the claim.

Federal Court in Florida Remands Slip and Fall Case Due to Lack of Subject Matter Jurisdiction

Published on: October 14, 2015 | by Law Offices of Robert Dixon

Filing a personal injury claim can be a complicated process. At the Law Offices of Robert Dixon, our diligent and hardworking Miami injury attorneys understand the procedural rules that can be vital to your case.

In Chase v. Hess Operations LLC, a woman was injured in a slip and fall accident at a Hess gas station. The incident took place in Clearwater, Florida. Some time afterward, the woman filed a negligence lawsuit against the gas station in state court. The gas station then removed the lawsuit to the Middle District of Florida based on diversity of citizenship, due to the fact that the woman denied that her total damages did not exceed $75,000 in her response to certain requests for admissions.