Articles Posted in Premises Liability

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poolPool owners and operators in Florida have an obligation to maintain their pools to make sure that individuals who use the pool are not injured. Part of this obligation includes ensuring that pool chemicals are in check and the pool is sanitary at all times. If you or someone close to you has been injured in a pool chemical accident, it is important to reach out to a skilled Miami injury attorney who can assess the merits of your case.

The CDC has warned homeowners with swimming pools about the potential dangers caused by the improper use of pool chemicals. These dangers include poisoning as well as severe chemical burns from improperly used or mixed chemicals. The CDC found that injuries from pool chemicals led to nearly 5,000 preventable emergency room visits in 2012. Nearly half of these preventable injuries affected children and teenagers, and more than a third took place at home. Pool chemical injuries were the most common during the summer swim season, from Memorial Day to Labor Day, and almost half of these occurred on weekends.

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slip hazardSlip and fall accidents can lead to serious injuries. If you have been injured in a slip and fall accident, the case may seem relatively straightforward. However, this is not always the case. At the Law Offices of Robert Dixon, our skilled Miami premises liability attorney can assess the merits of your case and help you try to hold the negligent parties accountable. With years of experience, we have helped many South Florida clients and can help you as well.

Property owners in Florida have an obligation to maintain their premises in reasonably safe conditions in order not to injure those who enter the land. Under Florida law, a property owner is not automatically liable simply because someone was injured on his or her property. Instead, a property owner will be liable if he or she was negligent. Negligence occurs when a property owner causes an injury by failing to use the level of care that a reasonably prudent property owner in the same situation would have used. Negligence can also take place through omission, namely, a failure to act when there is a duty to do so.

Establishing liability in a slip and fall case can be complicated for a number of reasons, one of them being the doctrine of pure comparative negligence. Pure comparative negligence apportions relative fault among all of the parties involved. Under the doctrine, your recovery will be limited by your amount of negligence. For example, if your actions are deemed to be 20 percent responsible, your damages will be reduced by that amount. In sum, you will be entitled to an award of 80 percent of your total monetary recovery.

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fire

Fires can have devastating consequences for people’s lives. If you or someone close to you has been injured in a fire on someone else’s property, you may be able to file a premises liability claim against the at-fault party. At the Law Offices of Robert Dixon, our Miami premises liability attorneys understand that burn injuries are some of the most painful injuries an individual can suffer, which is why we can aggressively pursue the compensation you deserve in your case.

In Florida, as in every other state, property owners have a duty to maintain their premises to prevent risks of injuries to others. When property owners fail to do this, they can be liable for any injuries that people sustain on the premises. The obligation to maintain one’s property includes taking the necessary steps to prevent a fire from occurring on the property, as well as measures to deal with a fire, should one occur. Some steps a property owner can take to do this are as follows:

  • Have proper, working smoke detectors;
  • Have proper, working sprinkler systems;
  • Have proper fire escape systems;
  • Have proper signage pointing to the fire escape system;
  • Make sure the building is up to code; and
  • Make sure there are no faulty electric outlets or natural gas leaks.

It is important to note that a property owner is not responsible for injuries simply because something happens on the property. In some cases, a fire can break out and spread even if a property owner takes all of the appropriate measures to avoid such an incident. As a result, in order to be liable, property owners must have done something wrong or failed to do something they were supposed to do.

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bankA Florida appellate court recently addressed the following issue:  could a bank be liable after a woman fell in a hole in a construction zone on the bank’s property?

The facts of the case are as follows. A woman drove to a Florida bank to make a deposit through the drive-thru teller. Upon her arrival, she realized that the bank was closed. She decided to make the deposit through the bank’s outdoor ATM. Once she parked, she noticed that the area was under construction, since there was a barricade in front of the ATM and a sign directing customers to walk around it. As the woman walked around, she stepped in a pothole, which caused her to fall and sustain injuries. She had not seen the pothole but conceded that there was nothing precluding her from looking down and seeing it.

The woman then filed a lawsuit against the bank as well as its general contractor, alleging a breach of the duty to warn and a breach of the duty to maintain a safe location. The bank moved for summary judgment based on the “open and obvious” doctrine. The woman responded by claiming that the condition was not open and obvious, and even if it had been, the bank would still be liable.

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washing machineWashing machines and dryers are a routine part of life in Florida and the United States. However, fires originating from these appliances are more common than you may think. If you or someone close to you was injured in a dryer or washing machine fire, it is important to reach out to a skilled Miami personal injury attorney. At the Law Offices of Robert Dixon, we have successfully represented countless South Florida victims of fires, and can help you as well. We will examine the facts of your case and determine the viability of your claim.

The United States Fire Administration estimates that there are 2900 home clothes dryer fires every year that results in 5 deaths, 100 injuries and $35 million in property loss. According to the National Fire Protection Association (NFPA), there were 16,800 reported U.S. home structure fires involving clothes dryers and washing machines in 2010. In the vast majority of cases, the clothes dryer is responsible for the fire. The NFPA found that the leading cause of dryer fires between 2006 and 2010 was the failure to clean the dust, fiber or lint in the machine.

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chairMost 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.

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shopping cartEvery 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.

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balconyFlorida 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.

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carpet

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.

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hot tubHot 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.

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