Articles Posted in Premises Liability

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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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Skateboarding is an entertaining action sport that many young people enjoy both in Florida and across the United States. In other cases, people often use skateboards as a mode of transportation to get around. If you have been injured in a skateboard accident, you need to reach out to a skilled Miami accident attorney who can help. At our Law Offices, we are committed to getting injured victims the compensation they deserve for their harm.

A Florida teenager has died after being injured in a skateboard accident. The Florida Highway Patrol (FHP) announced at the end of May that 17-year-old Kenneth Moss, Jr. had died from his injuries after a skateboard accident. The FHP revealed that the young man was skateboarding when he grabbed the back of a car to gain speed to push himself down a hill. After traveling about 400 feet down the hill, Moss lost control and fell from the skateboard onto the pavement. He was not wearing a helmet or any protective gear at the time. According to the accident report, Moss was rushed to the hospital and was listed in critical condition with life-threatening injuries from the fall. Some time later, Moss died from the injuries.

In Florida, there are certain laws skateboarders must follow. Under state law, anyone under the age of 16 must wear a helmet when riding on a motorcycle, bicycle, skateboard, or rollerblades. Florida law also states that government and private property owners are not liable for any injuries or damages that take place while an individual is skateboarding without permission. This is because skateboarding carries inherent risks and dangers that should be assumed by those participating in such activities.

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Traveling fairs and carnivals can be a great source of fun for the entire family. Ferris wheels, sweet treats, and an assortment of games are designed to provide relatively inexpensive entertainment to all ages. While most people enjoy these places without incident, the reality is some do sustain preventable injuries. If you or a loved one has suffered an injury at a local fair or carnival, you need to reach out to a skilled Miami premises liability attorney who can help. At our Law Offices, we are committed to getting clients the compensation they deserve for their harm.

According to the Outdoor Amusement Business Association (OABA), an estimated 500 million guests visit carnivals, fairs, and festivals each year. OABA believes that over half of these individuals partake of mobile amusement rides. Given the favorable climate, a number of fairs and carnivals take place in Florida each year. The Consumer Product Safety Commission regulates traveling carnival rides, but it is often understaffed and does not sufficiently monitor the rides for safety. While the risk of injury is relatively low, one in 9 million according to OABA, the reality is some people do get injured. Injuries at a carnival or fair can happen in a variety of ways, including but not limited to:

    • Ride injuries (i.e., on roller coasters, Ferris wheels, merry-go-rounds, or carousels);
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If you or someone close to you has been injured or killed in a preventable accident on someone else’s property, you need to reach out to a seasoned Miami premises liability attorney who can help you understand your legal rights and options.

Earlier this month, a pedestrian bridge collapsed at Florida International University that killed six people and injured nine others. Now, a man who claims he was seriously injured while riding his bicycle under the bridge at the time it collapsed is suing the University for damages. The lawsuit will seek to answer many of the same questions under investigation by federal and state officials. The National Transportation Safety Board is trying to figure out the exact cause of the accident. One of the main issues in the case is if there was reason to know the bridge was in a dangerous condition. There are reports that the lead engineer noticed the cracks on the bridge and called a state official to warn of these cracks, but he insisted there was no immediate cause for concern.

Those injured in the bridge collapse will likely be able to recover compensation through a negligence claim. Negligence law intends to hold individuals accountable who act carelessly with little regard for others’ safety. To show negligence, however, the plaintiff does not need to show that the defendant had ill intent or meant to cause the harm. Instead, negligence takes place when a person or company fails to use the level of care and caution that a person or company using reasonable care would have used in the same or similar circumstances. For example, a company using reasonable care would have taken prompt action to remedy cracks on a bridge, understanding the potential risk of accidents, injuries, and death associated with such cracks.

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Trip and fall accidents can lead to extremely serious injuries, such as broken bones, neck and back injuries, and even brain injuries. If you have been injured at a shopping center, you may be able to file a lawsuit against the property owner. At the Law Offices, our seasoned Florida premises liability attorneys are committed to helping clients pursue the compensation they need for their harm.

A customer who was injured after she tripped over a shopping cart left in an Orlando Walmart aisle filed a personal injury claim against the retail store. The facts of the case were as follows. On February 5, 2016, the plaintiff was at Walmart when she tripped and fell over a shopping cart that was left in the walkway. As a result of this fall, the plaintiff claims she suffered bodily injury, pain and suffering, disability, mental anguish, lost wages, and medical costs. The plaintiff alleges that the defendant shopping center failed to use due care to maintain its premises in safe conditions. Specifically, she argues that Walmart failed to properly inspect and maintained the walkway, failed to remedy the hazard, and failed to warn the plaintiff of the hazard.

Shoppers expect a safe environment, free of hazards, when they shop. Property and storeowners are responsible for keeping their premises safe and free of dangers. As a result, if a shopper is hurt in the store, that shopper may be able to hold the property owner accountable through a Florida premises liability claim. Premises liability law makes property owners responsible for certain injuries suffered on the property. The degree of care required from a property owner depends on the type of visitor to the property. Visitors can be categorized in one of three ways:

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Florida restaurants have a legal obligation to keep their properties safe for customers. From the parking lot to the dining spaces, property owners have a duty to make sure that diners are not exposed to dangers. If you or someone close to you has been injured in a slip and fall or trip and fall accident at a restaurant, we can help. At our Law Offices, our seasoned Miami premises liability attorneys can evaluate your case and help you understand your legal rights and options. We are here to answer your questions and address your concerns at every step of the way.

Fall accidents in restaurants are more common than you may think. The Bureau of Labor Statistics (BLS) found that there were more than 50,000 reported injuries in the restaurant industry in 2016, a number of which were caused by slip and fall accidents. A number of risk factors, such as spills on walking surfaces as well as rain or mop water on the floors, can lead to slipping hazards that can cause people to slip and fall. In addition, loose mats or rugs, debris, and other hidden hazards can create tripping hazards within a restaurant. According to BLS data, about 15,000 reported nonfatal slip, trip, and fall injuries occurred in the restaurant industry in 2016.

All property owners in Florida have a duty to maintain their property and make sure it is free of hazards in order not to cause injuries to those who enter the land. The specific duty owed by a landowner to a visitor depends on the status of the visitor. For instance, a property owner owes a higher duty of care to a paying customer than a trespasser. In Florida, business owners, including restaurant owners, owe their customers the highest duty of care. These customers are legally categorized as people who are legally known as ‘invitees’ – individuals who are invited onto the property for business reasons. As a result, restaurant owners must protect invitees against known and reasonably ascertainable dangers. For example, if there is a spill on the floor, the restaurant should immediately put a “wet floor” sign to warn customers and then clean up the spill as quickly as possible. If the hazard cannot immediately be remedied, the restaurant should leave signage there or try to block off the area.