Property owners have a legal duty to make sure their property is reasonably safe for those who lawfully enter. Those with the highest duty of care – which includes the responsibility to routinely inspect the property for possible hazards – are those owners whose properties are open to the public…
Articles Posted in Premise Liability
Lompe v. Sunridge Partners – Premises Liability for Apartment Injury
Property owners and property managers have a responsibility to make sure their site is safe for lawful guests. This duty includes residential landlords, who have many responsibilities to their tenants and tenant guests, including ensuring they are safe from an unreasonable risk of harm. This could include things like: Broken stairways Unlit…
Woody v. Pembina County Annual Fair – Recreational Use Immunity
In general, property owners and managers are bound by law to ensure lawful guests – particularly consumers and members of the public – are reasonably safe from foreseeable harms on that property. However, there is one major exception, and it’s important to understand when it might apply. It’s called the “Recreational Use…
Carlson v. Town of South Kingstown – Ball Field Injury Lawsuit Weighed
It’s true that property owners in Florida owe a duty to ensure their grounds are safe for lawful guests. However, those who are injured on property that is open to the public for free recreational purposes may have a tough time collecting. That’s because Florida’s Recreational Use Statute limits the…
Cruise Ship Injury Verdict $21M for Defective Door
A cruise ship injury resulted in a$21.5 million verdict in favor of plaintiff after jurors in the federal lawsuit determined the cruise line was grossly negligent for failing to fix a faulty door, which was a known problem. In Hausman v. Holland America Line-USA et al., tried in the Washington…
Carter v. Bullitt Host – Hotel Slip-and-Fall Lawsuit Revived
There are tens of thousands of hotels in Florida, and most make a handsome profit on the state’s booming tourism industry here in the Sunshine State. But with that comes an inherent responsibility to keep the property safe from unreasonable hazards. Failure to do so can result in a premises…
Carlson v. Town of South Kingstown – Sporting Event Liability
Spectator sports are a year-round form of entertainment here in Florida, whether it’s minor league baseball or hockey tournaments or auto racing. Many parents and students also enjoy attending school sporting events, and for the most part, these events are fun for everyone. But when a facility fails to protect…
Schwartz v. Wal-Mart – New Negligence Trial Denied
In any personal injury claim, the very basics of what must be proven are: Duty of care Breach of that duty Causation Damages Explained more thoroughly, defendant must owe plaintiff a specific duty of care. That duty of care must have somehow been breach, and as a proximate result of…
Maguire v. Providence – Fall-Related Injuries Spike in Holiday Shopping Season
With the holiday season in full swing, stores across Florida are packed with patrons, scrambling to pick up those few last-minutes items. Store employees are often swamped, and when hazardous floor conditions become apparent, they have less time and fewer personnel to remedy the problem. These kinds of incidents give…
Injured Airbnb Guests May Seek Damages, But Coverage Complex
Florida is one of the top destinations sought by customers of Airbnb, VRBO and other home-sharing, short-term rental hubs – especially around the holidays, where people are seeking a warm respite from the northern cold. But when injuries occur on these properties as a result of dangerous conditions, the issue…