Articles Posted in Premises Liability

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Serious slip and fall injuries can take months to recover from and, in some cases, a full recovery may not even be possible. In the event that you or a loved one has been injured in a slip and fall accident, is it vital to reach out to a seasoned Miami injury attorney as soon as possible. The question of fault in these cases can be confusing but, with years of experience, you can trust that we know how to handle even the most complicated Florida personal injury claims.

In a recent case, a Florida appeals court recently issued an opinion in a personal injury claim deciding whether the lower court properly permitted the plaintiff to leave to amend her claim to pursue punitive damages from the defendant. Eventually, the court held that it did not have the power to examine the lower court’s decision.

The facts of the case are as follows. In 2011, a minor child was injured when she fell from an amusement ride known as the “Psycho Swing”at a park in Hollywood. The parents of the child sued those who manufactured, owned and operated the ride for strict negligence. In such cases, the defendant is liable for harm even though he or she did not intend to cause the harm and did not cause it by being reckless or negligent. Among other defendants named in the lawsuit, the company that owned and rented out the swing was named.

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In a recent appellate opinion, the court reversed a trial court’s ruling in a Florida personal injury lawsuit filed by a tenant against her landlord. The plaintiff filed a negligence lawsuit after she fell while walking on a pathway to her condominium. The plaintiff based her claim on the landlord’s failure to warn of the known danger and maintain the premises in a safe condition. The plaintiff argued that although she too was aware of the dangerous condition, she had notified the landlord on several occasions and offered to fix the pathway herself.

Evidently, the landlord did not repair the broken path and did not allow the plaintiff to do so. The landlord moved for summary judgment, arguing that it was not liable because the woman knew the fractured pathway, the danger was open and obvious, and she assumed the risk by not avoiding the path when she knew it to be damaged. The trial court entered summary judgment in favor of the defendants. The plaintiff appealed, arguing that there were genuine issues of material fact regarding whether the damaged pathway was open and obvious, along with the landlord’s failure to maintain the premises.

Under Florida law, landowners or occupiers owe invitees two separate duties. First, the landowner or occupier must maintain the property, ensuring that the premises are reasonably safe. Second, property owners must warn guests of any concealed dangers. Landowners may avoid liability if they establish that the dangerous condition was “open and obvious.” In these cases, a landowner will not be liable for injuries if the guest knew of the hazardous condition. However, Florida slip and fall victims can recover damages for their injuries based on a landowner’s failure to maintain their premises.

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A Florida appellate court recently issued a ruling in favor of a plaintiff in her premises liability lawsuit against the Orange County Public Library System (the “Library”). The plaintiff filed strict liability and negligence claims against the Library after she suffered injuries when a bottom drawer of a copier unexpectedly popped out and caused her to trip. The plaintiff claimed that the Library was strictly liable based on their ownership of the defective copier. She also claimed the Library was negligent under premises liability. She filed an appeal after the trial court dismissed her claims based on her failure to state a cause of action. The appellate court addressed Florida’s pleading requirements in negligence lawsuits and concluded that the plaintiff met the state’s requirements, allowing her case to proceed towards trial.

When a Florida slip and fall victim files a premises liability lawsuit against a business owner, the plaintiff must provide the factual basis of their claim in their complaint. There are two pleading systems in the United States, fact and notice. While federal claims follow the notice pleading system, Florida state claims require fact pleadings. A plaintiff’s complaint must comply with the state’s fact-pleading requirement and include a “short and plain” statement of the facts that show that the plaintiff is entitled to relief.

In Florida negligence lawsuits, the complaint must allege:

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Slip and fall accidents can lead to devastating, life-changing consequences for a person. In the most serious cases, these accidents can be fatal. When a slip and fall accident takes place on another’s property, you could potentially obtain compensation for things like medical bills and lost income that are a direct result of the accident. Our Miami premises liability attorneys will meticulously look into what happened in your case and fervently advocate for your rights.

In a recent opinion, a plaintiff lived in a condominium for almost ten years. During that whole time, she knew about a specific crack in the sidewalk and watched it continue to worsen. In fact, she had traversed the area many times without incident – never taking special care to avoid it. While she told the landlord that the area needed to be repaired, no repairs were made. Then one day, the plaintiff fell on the fractured concrete. She sued the landlord for injuries, alleging failure to warn and a failure to maintain the premises.

The landlord filed a motion for summary judgment saying that the condition was open and obvious. They used the plaintiff’s own testimony indicating that she knew about the condition and she also knew that there were other paths she could have used. The trial court granted the landlord’s motion based on the plaintiff’s undeniable awareness of the sidewalk’s condition, its open and obvious nature, and her assumption of risk.

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Slip and fall accidents can lead to serious and long-term injuries. If you have been injured in a slip and fall accident on someone else’s property, you may be able to seek compensation for losses that are a direct result of the accident. Our experienced and reliable Miami premises liability attorneys will examine your case to determine your rights and options following a fall.

A Florida appeals court recently issued an opinion in a Florida slip and fall case explaining pleading requirements under state law and discussing whether the plaintiff’s complaint adequately alleged a claim against the defendant. The court held that the plaintiff’s complaint sufficiently alleged a cause of action and reversed the lower court’s decision, permitting the plaintiff’s claim to move forward to trial.

The facts of the case are as follows. The plaintiff was at a local library making copies at a photocopier when she tripped and fell over the bottom drawer of the photocopier. She alleged that the bottom drawer suddenly flew wide open causing her to trip and fall on both knees despite her attempt to prevent the fall. The plaintiff sued the library arguing that the library owned the photocopier and, thus,  had a duty to maintain the machine so it was safe for patrons to use. The trial court held that the complaint failed to state a cause of action and dismissed the case.

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People get injured in all sorts of places, including places of worship. If you or someone close to you has been injured at a church, mosque, synagogue, temple, or other religious place, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our skilled Miami premises liability attorneys can scrutinize the facts of your accident and help you understand your legal rights and options.

The Occupational Safety and Health Administration estimates that slip, trip, and fall accidents account for 15 percent of all accidental deaths in the United States, which puts them in second place behind auto accidents. Unfortunately, these accidents can happen at places of worship due to a variety of hazardous conditions on the property, such as uneven surfaces, slick surfaces due to spilled liquids or recent cleaning, trash or debris on the floor, poor lighting that can lead to poor visibility, having no handrail present when it was needed, and loose floorboards, rugs, or mats, especially on stairs.

Places of worship are not immune from lawsuits. Most of these places operate like a business with a hierarchy consisting of officials, employees, and a number of volunteers. As a result, most worship houses carry liability insurance.

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Property owners have a responsibility to ensure that property under their control is in safe conditions and free from hazards that could cause injury to those to who visit the premises. If you or a person you know has sustained an injury in a slip and fall mishap on another’s property, you could be eligible to recover monetary damages. At the Law Offices of Robert Dixon, our seasoned Miami premises liability lawyers are committed to getting clients the compensation they deserve for their harm.

Florida Court Addresses Issue of ‘Open and Obvious” Danger in Recent Case

In a recent premises liability case, the 5th DCA discussed whether a plaintiff’s case should be able to move toward trial even though the hazard instigating her fall was open and obvious. In Middleton v. Don Asher & Associates, a fifteen-year resident of a condominium complex tripped on an uneven sidewalk in the community. She used that path routinely during her time as a resident there. As a result of the fall, the woman suffered serious injuries and sued the condominium association as well as its property manager.

At trial, the condominium association claimed that the uneven sidewalk was an open and obvious danger, which is why the plaintiff was not entitled to compensation for her injuries. The trial court agreed and granted the defendant’s motion for summary judgment, explaining that the uneven sidewalk was, as a matter of law, an open and obvious danger.

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If you have been injured on someone else’s property, you may be able to recover damages for your injuries through a premises liability lawsuit. At the Law Offices of Robert Dixon, our highly skilled Miami injury attorneys have extensive experience handling premises liability cases and are prepared to vigorously advocate for your rights to get you the full and fair compensation you deserve.

Florida property owners have a legal obligation to make sure their property is in reasonably safe conditions so individuals who enter the premises are not injured. If the property owner fails to ensure the property is safe, he or she could be liable for any injuries that result from a property defect.

Under Florida law, property owners must exercise “ordinary care” to keep the property in a reasonably safe condition. Secondly, a property is required to warn guests of known dangers that may not be immediately apparent to the visitor. There is, however, one exception to this rule. Property owners have no duty to warn visitors of a danger that is “open and obvious.” In fact, this is a defense that can be used by the property owner in situations where a person claims the property owner’s failure to warn was the cause of injury.

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If you have been injured in a shower or bathtub at a hotel, you need to reach out to a seasoned Miami injury attorney who can assess the merits of your case. You may assume that you do not have a case, but this is not always true. Every situation is different and we will meticulously assess the circumstances surrounding your fall to determine the full extent of your legal rights and options. At our Law Offices, we are committed to helping clients resolve their Florida personal injury claims in an efficient and effective manner.

The Centers for Disease Control and Prevention (CDC) reports in that an estimated 235,000 people over the age of 15 visit emergency rooms because of injuries they suffered in the bathroom. Of those, approximately two thirds occurred during bathing or showering. In addition, about 81 percent occur because of slip and falls. The CDC also found that injuries increase with age. In other words, the older a person is, the more likely that person is to sustain serious injuries.

Florida law requires property and business owners to maintain their premises in order to ensure the safety of their customers. This means taking the appropriate steps to prevent foreseeable harm. A property owner that fails to do this could be liable for any resulting harm. For example, if the owner of a hotel knew that there was an unsafe hazard in the bathroom and did nothing to fix it, they can be held liable.

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Stairs present a number of unique dangers; some are obvious and some can be hidden. If you or a loved one has been injured in a slip or trip and fall accident on another’s property, you may be entitled to compensation for your harm. Our highly skilled Miami premises liability attorneys will analyze the facts of your case and provide you with an honest assessment of your claim.

Slip and falls are one of the most common accidents that result in injuries and deaths in the United States. Unfortunately, some of these falls happen in stairways. According to the National Safety Council, over 1 million injuries take place every year as the result of stairway falls. In fact, staircase and stairway accidents comprise the second leading cause of accidental injury, behind only automobile accidents.

Property owners have a duty to keep staircases that are under their control safe and free from hazards. Unfortunately, this does not always happen. Staircases can often pose dangers when they fall into disrepair. In some cases, stairs are dangerous from the moment they get built due to a defective design. Staircase fall accidents can have a variety of causes including, but not limited to:

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