Articles Posted in Premises Liability

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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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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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